Disputes Tribunal of New Zealand

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a vehicle from Respondent for $10,000 / Applicant claimed the vehicle experienced technical issues after he bought it and the car was no longer road worthy / Applicant rejected the car and claimed $18,793.22 for the purchase price, consequential losses, and the filing fee / Held: car was not of acceptable quality due to its faults and above all was no longer drivable /  Applicant entitled to a refund as the goods have a failure of substantial character / Respondent ordered to pay $11,748.44 for cost of the car and consequential losses / Disputes Tribunal unable to award the filing fee / Claim granted in part.  

Contract / Consumer Guarantees Act 1993 (CGA) / Applicants hired rental car from Respondent using online booking platform / Car was damaged by third party / Applicants returned vehicle and provided third party’s details to Respondent / Respondent charged Applicants $5,022.50 for insurance excess, indicated refund available if Applicants contacted booking platform / Booking platform advised insurance policy was with Respondent, Respondent should be contacted for refund / Applicants made numerous attempts to follow up but Respondent had not refunded excess / Applicants claimed $6,322.50 for the excess, credit card surcharge and costs related to resolving dispute / Held: rental contract provided basic insurance coverage with $4900 excess, refundable if hirer not at fault or third party admitted liability / Respondent breached CGA by failing to make reasonable effort to resolve matter in reasonable time / Respondent breached contract by failing to follow up with third party / Filing fee or…

Parking / Contract / Applicant's daughter parked vehicle seven minutes beyond the 180-minute parking limit / Respondent issued Applicant a breach notice / Applicant claimed refund of parking breach and filing fee / Held: Applicant's daughter authorised to park and was not a trespasser / Driver entitled some leeway to enter and exit building / Applicant entitled to refund / Filing fee cannot be recovered by Applicant as exceptional circumstances did not apply / Respondent ordered to pay Applicant $65 / Claim allowed.

Trespass / Contract / Land Transport Act 1998 / Vehicle registered in Applicant's name parked in private carpark without authority / Respondent sent Applicant a breach notice which Applicant disputed and asked for evidence proving breach / Respondent said registered owner of vehicle liable per New Zealand Transport Authority and provided one photo that did not evidence illegal parking / Applicant said lack of contract with Respondent meant Applicant had no liability / Respondent lodged debt for collection with debt collection agency and Applicant filed claim with Tribunal / Applicant claimed for order that she is not liable to pay Respondent for breach notice, collection costs and sought reimbursement of filing fee / Respondent counterclaimed for payment of breach notice, collection costs and interest / Held: Applicant is not liable for breach fee as she was not driving vehicle at the time / No provisions applicable in tort that mean a registered owner can be liable for another's tresp…

Consumer law / Consumer Guarantees Act 1993 / Fair Trading Act 1986 /  Two families made a booking to stay at a property owned by the Respondent / On arrival they were unhappy with the state of the premises, including cleanliness and safety / Respondent offered to send people to remedy the issues, but the families decided not to stay / Families asked for a full refund, which was refused / Applicant, on behalf of the parties, claimed $1,642.50 from Respondent, representing a full refund together with $100.00 for travel expenses and $59.00 for filing fee / Held: property was not reasonably fit for a short holiday / Failure was of a substantial nature and could not easily be remedied within a reasonable time period / Offer to send contractors to remedy the issues was not acceptable given the purpose was for a three-day holiday / Applicant entitled to cancel without providing an opportunity to the supplier to remedy the problems / Since the families left the accommodation within a short ti…

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a second-hand mattress from Respondent for $1,280.00 / Mattress was advertised as used but “practically new” / The first time Applicant went to make the bed, she noticed a corner pulled away exposing the inside of the mattress / Applicant contacted Respondent to return the mattress / Respondent collected the bed and offered to resell it on Applicant’s behalf, less a $250 fee / Applicant stated she paid $1,280.00 for the bed and $45.00 for the Tribunal filing fee and was refunded $750.00 by Respondent / Applicant claimed the difference of $575.00 / Respondent claimed the mattress was not damaged when it was delivered / Held: evidence indicated mattress was not of acceptable quality / Applicant entitled to reject the mattress and be refunded what she was paid, less what the Respondent had already refunded / Respondent ordered to pay $530 / Claim allowed.

Contract / Applicant moved into a flat rented by First Respondent / Applicant paid First Respondent a bond / When Applicant moved out, First Respondent retained an amount equivalent to one week’s rent from Applicant’s bond as Applicant had only given two weeks’ notice / Applicant brought claim for recovery of balance of bond / Applicant also claimed $45 additional rent he was asked to pay when another flatmate left, plus cost of filing claim / Held: notice period was not discussed when Applicant moved in / Three months later, First Respondent asked all flatmates to sign a flatmate sharing agreement containing a provision requiring four weeks’ notice to vacate / Applicant did not sign agreement / Applicant not bound by the agreement / Two weeks’ notice given by Applicant was reasonable / Applicant entitled to a refund of $215 balance of bond / Additional $45 was paid following agreement reached by all flatmates, not recoverable / Filing fee not recoverable in circumstances / First Respo…

Contract / Loan / Limitation Act 1950 / Applicant provided financial support to husband as loan by agreement / Husband acknowledged debt owed to Applicant after separation from Applicant / Ex-husband signed property agreement referring to debt and repayment obligation following separation from Applicant / Ex-husband provided $6000 cheque as part payment of debt / Loan quantum unclear as Applicant provided various lists of expenses with differing amounts / Applicant claimed amount owing from ex-husband at about $100,000 / Held: Agreement existed between Applicant and ex-husband that Applicant was owed $30,000 by ex-husband and this was to be repaid / Evidence that ex-husband referred to needing a loan and acknowledged debt owed to Applicant / Evidence from ex-husband's accountant showed debt quantum around $100,000 / No advances made after July 2017, so Applicant filing claim in November 2023 was technically outside 6 year limitation period / Cheque and property agreement taken as writt…

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicants purchased a house from Respondent / Spa pool was part of purchase / When the Applicants attempted to use the spa it caused the electricity board to trip and cut power to the house / Spa pool drew more electricity than the house was supplied with / Applicant claimed $27,147.27 from Respondent, comprising of $449.22 to diagnose issue; $25,193.05 to install an additional electrical cable; $1,000.00 in legal fees; $325.00 physio costs and $180.00 for filing fee / Respondent denied liability on the basis that the spa worked when she lived at the property / Held: there was misrepresentation about the spa pool / Evidence accepted that electrical supply to the house was insufficient to run the spa /  Applicants induced into contract by misrepresentation / Spa was 15 years old so replacement value assessed to be $15,000 / Legal fees were reasonable / Applicants not awarded claimed $325.00 for physio costs for being…

Contract / Contract and Commercial Law Act 2017 / Applicant contacted Respondent about buying her car / Parties negotiated price of $5,250.00 / Applicant observed unusual behaviour in the car ten days after purchase / Applicant got a mechanic’s report and contacted Respondent about issues identified / Respondent refused to refund Applicant or contribute to repair costs / Respondent had stated car had been “well looked after mechanically” / Applicant claimed $4,903.45 in damages, comprising $4,250.00 for loss in value, $287.50 for diagnosis, $57.95 for a fee to return parts purchased, $218.00 for other parts purchased, and $90.00 filing fee / Held: representation that car had been well looked after mechanically influenced Applicant’s decision to go ahead with the purchase without any pre-purchase inspection / Applicant was induced by the misrepresentation to enter into the contract / Applicant entitled to recover half cost of engine replacement and diagnosis, $2,022.70 / Claim allowed i…

Contract / Contract and Commercial Law Act 2017 / Applicant paid $12,000.00 deposit to secure purchase of horse from Respondent / Horse remained with Respondent, apart from a period when it was leased to Applicant for a horse camp / When Respondent retrieved horse after camp, she claimed it was lame / Applicant decided not to proceed with purchase, requested refund / Applicant claimed $12,250.00 for purchase price and filing fee / Respondent counter-claimed $8,000.00 for reduced value of horse / Held: Applicant entitled to cancel contract and obtain full refund until final payment was made, according to agreement / Respondent failed to prove horse suffered laminitis caused during time she was under Applicant’s responsibility / Respondent breached agreement by failing to refund Applicant / Filing fee not recoverable / Respondent ordered to pay $12,000.00 / Claim allowed in part and counter-claim dismissed.

Contract / Interest / Disputes Tribunal Act 1988 (DTA) / Applicant engaged by Respondent as an independent contractor for data entry work / Applicant filed claim against Respondent for $360.84, unpaid sums of $45.40 and $20.44 plus interest, damages for time pursuing payment, and filing fee / Unpaid sums since been paid / Applicant now claimed $840.00 in compensation for late payment, including interest, time spent and filing fee / Held: no contractual provision for interest in circumstances / DTA provided for interest to be ordered at Tribunal’s discretion / DTA does not allow for interest where debt was paid before hearing / Circumstances not met for costs to be awarded / Claim dismissed.