Disputes Tribunal of New Zealand

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased new scooter from Respondent / Scooter did not have charging range as advertised / Applicant complained but Respondent only replied when Applicant left negative feedback online / Applicant claimed for refund / Held: Respondent failed to comply with obligations to remedy failure when given an opportunity to do so / Applicant entitled to reject goods / Respondent ordered to pay Applicant $705 / Applicant ordered to make scooter available for collection by Respondent once payment has been made / Claim allowed.

Insurance / Respondent suffered damage to dwelling which was subject of an insurance claim / Insurer obtained quote from Respondent and agreed to settled Respondent’s claim / Applicant carried out work / Respondent disputes invoice and maintains invoice was more than actual hours worked / Applicant claims $2055 / Held: Quotes had provided certainty and all parties had agreed to actual time and cost / Claim allowed / Respondent to pay Applicant $2055.

Contract / Applicant purchased mattress for a shared apartment / Respondent was one of the other owners of the apartment / Apartment was owned in quarter shares / Practice for owners to share costs equally / Respondent acknowledged in emails that she was happy to purchase mattress / Respondent later declined to pay part of mattress cost / Mattress cost $1,600 / Applicant sought $400 from Respondent for her share / Held: emails sufficient to form a contract / Respondent agreed to contribute to cost of a new mattress / Respondent not entitled to unilaterally pull out of the contract / Respondent ordered to pay $400 / Claim allowed.

Consumer law / Consumer Guarantees Act 1993 / Disputes Tribunals Act 1988 / Applicant purchased two electric scooters from Respondent / Applicant claimed one scooter never charged and second only charged once, ran for approximately 15 minutes, then failed to charge / Applicant sought refund and costs / Applicant claimed additional $5.00 for a third scooter which had been already refunded / Respondent denied liability, claimed Applicant may have damaged scooters  / Held: scooters were not fit for purpose, free from minor defects, or durable / No evidence that Applicant caused damage to scooters / Applicant entitled to reject scooters and obtain full refund / Applicant not entitled to costs or additional $5.00 refund for third scooter / Respondent to pay Applicant $1,050 / Claim allowed in part.

Fencing / Fencing Act 1978 / Applicant did not receive definitive response to fencing proposal and issued a fencing notice to Respondent / Respondent advised Applicant verbally that he did not want to build fence / Applicant claimed Respondent to contribute $20,000 for fencing cost / Held: lack of adequate information in fencing notice / Proposed costs appear excessive for 20m fence / Claim dismissed.

Contract / Applicant entered into an agreement to purchase land from Respondent / Applicant discovered there was no stormwater connection, despite it being a condition of the resource consent / Applicant claimed $29,800.00 in damages against Respondent and its director / Respondent counterclaimed $18,112.50, comprising non-liability and its costs defending proceedings / Held: director not a party to the contract, so that claim was dismissed / Respondent breached contract so must put Applicant in the same position as if contract had been performed / Applicant produced evidence that he had to pay $20,140.50 to establish stormwater connection / Respondent ordered to pay Applicant $20,140.50 / Claim granted in part and counterclaim dismissed.  

Contract / Misrepresentation / Applicants purchased land from Respondent / Respondent arranged Geotech report confirming topsoil depths / Site was found to contain more topsoil than advised and Applicants were required to pay additional $7,466.38 by builder / Applicant claimed compensation for additional costs incurred / Held: Respondent misrepresented depth of topsoil prior to settlement / Respondent agreed to pay for removal of additional topsoil / Respondent liable to compensate Applicants for additional costs incurred / Respondent ordered to pay Applicant $7,466.38 / Claim allowed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased vehicle from Respondent for $19,000.00, of which $1,500.00 plus $1,1000 for warranty was still owing / Vehicle was defective / Respondent took vehicle back for repair and offered Applicant a courtesy vehicle, which she declined as she would have to collect it from another city / Five months later Respondent supplied Applicant with replacement vehicle / Applicant claimed $5000.00 for lost income during period without vehicle, as she was unable to get to work, and balance of contract price waived / Held: Respondent seriously failed to meet obligations under the CGA within reasonable time / It was unreasonable for Applicant to choose not to work for five months rather than to collect courtesy vehicle / Applicant had duty to mitigate loss / Respondent ordered to pay applicant $2,400.00, being $5000.00 less the outstanding amounts due under contract / Claim allowed in part.

Contract / Parties rented premises from same landlord and shared power meter / Parties had agreement regarding sharing of cost of power / Applicant claimed Respondent breached agreement by not paying its agreed share of power / Applicant claimed $2,507.68 from Respondent / Held: valid and enforceable contract between parties / Respondent breached agreement by not paying its agreed share of power / Evidence indicated amount owing by Respondent was $2,507.68 / Respondent ordered to pay $2,507.68 / Claim allowed.

Contract / Applicant and Respondents were neighbours / Respondent pruned a tree on Applicant’s property damaging a plant and a trellis / Applicant alleged the tree was pruned without her consent / Respondent claimed Applicant requested the service, which was provided through his company / Applicant claimed for damages including for 2/3 the value of the tree,  pruning, plant value, trellis and for emotional stress / Respondent’s company counterclaimed for payment of its invoice / Held: no contract formed between Applicant and Respondent’s company nor with Respondent to prune tree /  Applicant did not consent to the Respondent pruning her tree / Respondent liable to compensate Applicant for damage to her tree, plant and trellis / Damages must be foreseeable such as property damage not emotional stress / Respondent ordered to pay $7,220.00 / Claim allowed in part and counterclaim dismissed.

Contract / Consumer Guarantees Act 1993 (CGA) / Applicant purchased puppy from Respondent for $5000.00 / Purchase agreement included list of conditions for which health guarantee was not provided / Six months after purchase, puppy started to display abnormal movements, confirmed by vet to be severe dysplasia / Applicant claimed full refund, but wanted to keep puppy as strong family bond had formed / Held: evidence insufficient to show puppy was not of acceptable quality / Hip dysplasia was a well-known issue with this breed / “Loose hips” was included in list of common conditions for which health guarantee was not provided in the agreement / No breach of CGA found / Claim dismissed.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicant purchased car online from Respondent / Applicant had car freighted to him / Applicant claimed car was not as advertised / Applicant sought refund of $4000 purchase price and $1,300 paid for freight / Respondent denied liability, claimed car was clearly advertised as deregistered race car with no warrant of fitness / Held: misrepresentation was made about car / Car advertised as having specific kind of turbo, which it did not have / Other claimed misrepresentations not proven / Applicant entitled to compensation for misrepresentation, but not full refund / Respondent ordered to pay Applicant $1000 / Claim allowed in part.