Disputes Tribunal of New Zealand

Tort / Trespass / Applicant and Respondent owned adjoining properties / Applicant claimed Respondent trespassed on her land and cut down limbs of two trees / Applicant sought compensation for cost of purchasing security cameras, arborist, Applicant's labour, irreparable damage to property, and distress / Held: Respondent trespassed resulting in damage to property / Applicant entitled to claims in cost of arborist, Applicant's labour, general damages, and cost of replacing fence capping / Respondent ordered to pay Applicant $1,476 / Claim allowed in part.

Contract / Consumer Guarantees Act 1993 / Applicant bought two mobile phones from Respondent / Screen failed to work after some time / Applicant claim $1,995.00, representing the purchase price ($1,695.00) plus compensation for inconvenience / Held: screen failure was a consequence of a fault with the phone itself, Respondent ordered to pay Applicant $1945.00

Contract / Misrepresentation / Consumer Guarantees Act 1993 (CGA) / Fair Trading Act 1986 (FTA) / Applicant booked flight from Respondent / Applicant booked business class based on promotional material from Respondent / Applicant found out amenities would not be as advertised / Applicant upgraded to first class for portion of trip / Applicants claim $13,555.07 in damages for misrepresentation of amenities / Held: Applicant misled by Respondent’s promotional material / Breach of CGA and FTA / Respondent to pay Applicant $13,555.07 / Claim granted.

Consumer law / Fair Trading Act 1986 / Consumer Guarantees Act 1993 / Applicants paid $65 for bottomless brunch at Respondent’s restaurant / Applicants informed after ordering their first round of food that additional food would incur extra charges / Terms and conditions did not specify whether bottomless brunch was limited to drinks / Applicants claimed Respondent breached consumer law / Applicants claimed food portions were too small and drinks did not contain sufficient alcohol / Applicants claimed $1,999.00 toward an apology, costs in preparing for hearing and purchasing food and drink in another restaurant / Held: Applicants did not receive full bargain they thought they had purchased / Applicants suffered loss of being able to order additional food at no extra charge and should get a partial refund / No evidence Respondent made false or misleading statements about the amount of alcohol in drinks / No proof about amount of food served / No receipts presented regarding costs for fo…

Contract / Applicant bought concert tickets for $570 from Respondent  / Concert was postponed due to Covid / Applicant had been informed by the Respondent that she had credit for the new concert date / Applicant tried to get new tickets but the Respondent failed to respond / Date for the concert passed without Applicant receiving her tickets / Applicant claimed $570 for refund  / Whether the Respondent breached a legally binding contract / if so, what compensation could the Applicant claim / Held: clear breach of contract / Respondent agreed to provide tickets / Respondent failed to supply the tickets forcing the Applicant to miss the concert / Applicant’s loss was the amount of the tickets, $570 / Respondent ordered to pay $570 / Claim allowed.

Contract / Applicant provided commercial valuation services to Respondent's client / Respondent informed Applicant that it no longer needs valuation / Applicant claims $3,800.75 invoice to be paid / Held: Applicant entitled to payment for work done before contract was cancelled / Respondent ordered to pay Applicant $3,800.75 / claim allowed.

Fencing / Fencing Act 1978 / Applicant and Respondent were owners of cross-lease title / Applicant claimed fence built around Respondent's property breaches cross-lease agreement / Held: fence not built on common land but on boundary between common land and property / Claim dismissed.

Contract / Building Act 2004 / Applicant engaged Respondent to carry out building work / Builder altered plan for decking work and incurred extra cost / Applicant claims for declaration of non-liability / Held: Applicant knew price increase for altered decking and is expected to pay reasonable price for it / Applicant ordered to pay Respondent $2,205.70 / claim dismissed.

Contract / Consumer Guarantees Act 1993 / Respondent bought a dog from Applicant / Contract included a “Not to be Bred from” endorsement / Dog gave birth to 8 puppies / Applicant claimed $3800 for breach of contract / Respondent counter-claimed $30,000 for misrepresentation as to dog’s show quality / Held: dog producing puppies was a breach of contract / Respondent has not suffered nor proven monetary loss resulting from the breach of contract / No contractual damages available / No misrepresentation by Respondent / Claim and counter-claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Fair Trading Act 1986 / Applicant purchased a robot vacuum from Respondent for $2,399.20 plus $209.99 for an extended warranty / Applicant claimed vacuum started failing to pick up debris and later developed navigation problems / Applicant took vacuum to Respondent for assessment / Vacuum not repaired within promised timeframe / Respondent offered store credit for $2,399.20, which the Applicant rejected / Applicant claimed $6,162.46, for refund and extended warranty cost, $3,047.50 for damage to the skirtings, and $505.77 for damage to her front door / Held: vacuum was not as durable and fit for purpose as a reasonable consumer would have expected / Damage was caused by the vacuum / Applicant entitled to recover cost of repairing damage / Applicant provided quotations to support costs / Respondent ordered to pay $6,162.46 / Claim granted.

Contract / Contract and Commercial Law Act 2017 / Fair Trading Act 1986 / Applicant purchased property from Respondent / Applicant found out property could not be used for residential purposes without applying for resource consent / Applicant claims cost converting property for residential use $28,207.75 / Held: no misrepresentation made by Respondent regarding purposes of property / promotional material clear that using property for residential purposes was subject to city council consent /  claim dismissed.

Negligence / Land Transport (Road User) 2004 / Car accident / Applicant was driving and changed lane to make a left turn / Respondent pulled out of a nearby street into the path of Applicant’s car causing damage / Applicant claimed for recovery of their losses from accident / Respondent counterclaimed for his losses / Held: Respondent was negligent in failing to ensure the way was clear / Respondent required to give way to all traffic already on the road / Respondent liable for all losses incurred in the accident / Assessment of loss and repair account accepted and Respondent liable to pay / Respondent ordered to pay $6037.01 to Applicant’s insurer / Claim granted and counterclaim dismissed.

Consumer Guarantees Act 1993 / Applicant contracted Respondent to replace roof of their home / Roof had workmanship issues / Applicant claims refund of payment for roofing service $20,348.30 / Held: Respondent's roofing work not carried out with reasonable care and skill / Respondent given reasonable opportunity to remedy but did not resolve issues / Respondent must pay applicant $20,348.30 / claim allowed.