Disputes Tribunal of New Zealand

Consumer law / Consumer Guarantees Act 1993/ Fair Trading Act 1986 (FTA) / Applicant purchased a laptop for $2300.00  / Unit ran extremely hot, randomly shutting down or did not open programmes / Applicant returned to the Respondent’ shop and was sold thermal paste to try to address the overheating issue / Applicant had further issues and returned the laptop to the Respondent for diagnosis / Applicant said he was then told that because he had applied thermal paste, that had voided the warranty and no further remedy was available / Held: Respondent was obliged to remedy the original failure of acceptable quality in a reasonable timeframe and failed to do so / Respondent also breached the FTA by recommending a potential remedy which would breach the warranty without informing him of that  / Then using that as a basis to decline further remedies / Applicant entitled to reject the goods and obtain a refund / Applicant obliged to return the laptop within the timeframe / Respondent ordered t…

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased spa pool from Applicant in 2017 / In December 2023 a technician came to look at a fault with the spa heater and discovered the frame of the spa was entirely rotten / Applicant claimed $10,463.00 being the cost to replace the spa / Respondent stated the rot was caused by flooding in the area / Held: no evidence of flooding that would cause that kind of damage / Failure was of substantial character as the pool should be able to withstand exposure to rain and splashes / Spa pool was halfway through its expected lifespan / Compensation should take into consideration depreciation / Respondent ordered to pay $5,000.00 / Claim granted in part.

Contract / Applicant needed a builder's report on house she wanted to purchase / Respondent agreed to provide visual inspection and provide comments on what could be seen but not a full builder's report / Respondent emailed comments on house to Applicant after inspection / Respondent's email said some piles had been replaced while others were old and still looked okay / Cladding prevented closer inspection of piles / Kitchen window cracked and joinery issues identified after Applicant purchased house / Cause of issues identified as rotting piles causing house to sink / Applicant claimed $30,000 to fix piles, replace window and kitchen joinery on basis Respondent should have identified rotting piles /  Held: Respondent did not breach agreement of what it would provide to Applicant / Respondent only engaged to provide non-invasive, visual inspection / Applicant could not prove cladding had been removed when Respondent completed inspection such that Respondent should have seen rotting pil…

Contract / Applicant and Respondent had arrangement where Respondent would subcontract Applicant to do work on its behalf / Parties had established payment arrangements where Respondent would make payment upon receipt of invoice from Applicant / Applicant issued invoice to Respondent which Applicant said Respondent had not paid / Respondent said they were not liable as they paid business belonging to Applicant's former employee who had directed them to do so / Applicant claimed for payment of invoice worth $19, 875.67 / Held: Respondent breached obligation to pay Applicant / Respondent deviated from payment arrangements in place between parties without notice to Applicant and Applicant did not receive payment / Respondents failed to exercise sufficient commercial caution or care in accepting instructions from Applicant's former employee about invoicing matters / Respondents did pay money but it has not paid Applicant's invoice in line with contractual arrangements and did not question …

Consumer law / Consumer Guarantees Act 1993 / Applicant brought sofa from Respondent with USB and reclining functions advertised / Applicant complained to Respondent about electrical fault six months after purchase as USB and reclining functions failed / Respondent attempted repairs of sofa / Applicant found repairs were unsuccessful and had damaged leather / Respondent collected sofa and offered replacement, partial refund, or in-store credit and suggested power surge caused issues / Applicant did not agree to those options / Applicant claimed for non-electric sofa of same value or full refund of $2099, plus compensation and reimbursement of filing fee / Held: sofa was not of acceptable quality as marketed functions failed after six months / Applicant rejected sofa within reasonable time after giving Respondent reasonable opportunity to remedy faults / Applicant entitled to full refund of $2099 for sofa, refund of $50 carrier fee Respondent charged for transport of sofa for repairs, p…

Tort / Negligence / Nuisance / Applicants own properties on shared driveway and Respondents own house next to driveway / Applicants concerned about excess water flowing from Respondents' property over driveway from damaged pipe / Respondents gave impression that issue would be fixed within 2 months but it was not / Respondents believed driveway already damaged and denied they nor activities on their property had damaged driveway / Applicants claimed $2500 as contribution to repair costs / Held: Respondents breached duty to Applicants by causing or exacerbating damage to driveway near Respondents' water pipe / Pre-existing damage present but damage adjacent to Respondents' property was more severe / Independent construction consultant found damage was exacerbated by continuous flooding from Respondents' water pipe / Applicants contributed to driveway damage as Applicants aware of pre-existing driveway damage but did not take remedial action / Apportionment of responsibility for damage e…

Tort / Negligence / Applicant and Respondent were involved in a vehicle collision / Applicant and Respondent recalled conflicting versions of event / Applicant claimed cost of repair estimate plus towing and storage costs / Held: Respondent liable in negligence for collision as she was found guilty of careless driving at the District Court / No contributory negligence on Applicant's part / Respondent liable to pay remaining costs / Respondent ordered to pay Applicant's insurer $5976.41 / Claim allowed.

Negligence / Vehicle collision / Applicant claimed Respondent came into her lane and collided with Applicant / Respondent stated he was not the driver of the vehicle at time of collision / Respondent provided evidence that he was on other side of town when collision occurred / Respondent stated he was not person in photo that Applicant took / Applicant claimed vehicle repair costs / Held: cannot be determined whether Respondent was the driver involved in the collision / Claim dismissed.

Consumer law / Fair Trading Act 1986 / Applicant changed booked flights with Respondent airline and had to pay a change fee / Applicant sought a refund of the amount paid for the change being the difference between what he paid and what he thought he was going to pay / Held: change fee was clearly indicated / Number of steps had to be taken before a customer committed to paying for the flight /  When customer paid for the cost of change, the customer was in fact accepting the change fee being paid / Applicant did not pay sufficient attention to the costs for the change when he was making it / Applicant not entitled to a refund / Claim dismissed.

Contract / Applicant purchased property from Respondents / Contract had clause warranting that vendor had not received notice or demand from any party / Property had water tank moved by Respondents and a drain prior to Respondent's ownership / Applicant said she asked Respondents prior to purchase if water tank overflowed and was told it had not / Respondents said Applicant had not asked them about any issues / Water tank overflow was not compliant and Applicant had to have overflow attached to public stormwater / Tank leaked after a storm and Applicant realised boundary drain was blocked and broken / Neighbour told Applicant that they had frequently discussed water overflow issue with Respondents / Respondent said these discussions had not happened / Applicant claimed $15,000 towards drainage repairs alleging that Respondent breached sale agreement by not informing her of issues / Held: Respondents had engaged contractor who issued compliance notice so to Respondent's knowledge the ta…

Fencing / Fencing Act 1976 / Applicant and Respondent own adjoining properties which had a hedge on boundary between properties for many years / Respondent removed or ordered removal of the hedge / Applicant claimed for order that Respondent pay for fence to be constructed on boundary / Applicant served fencing notice on respondent at first hearing for construction of fence on boundary at Respondent's cost / Respondent served cross-notice objecting to Applicant's proposal / Hearing adjourned for survey to be arranged with cost to be shared equally between parties / Respondent failed to pay share of cost / Held: Respondent was not entitled to remove fence as it was a fence in meaning of s 2 Fencing Act and had served as a dividing fence between two properties for a long time / Applicant is entitled to adequate fence on boundary / Respondent provided no reasoned objection to Applicant's desired fence / In line with Applicant's view, construction of 1.8m close boarded fence with boards on…

Contract / Applicant purchased hens from Respondent / Applicant collected some hens earlier than planned after Respondent said hens without food for a day / Applicant noticed egg production slowed then hens entered molt and became sick / Applicant alleged molt induced by week of no food from Respondent / Applicant claimed $30,000 for lost egg production and related costs / Set off claim by Respondent of $2000 unpaid by Applicant / Held: not proved Respondent had no food for hens for week before Applicant collected hens / Respondent's statement about feed was honest opinion, true, and made after contract formed so not misrepresentation / Implied contractual term that Respondent would care for hens to industry acceptable standard / Respondent breached implied by running out of feed but cause of molt and slowed egg production not proven / No evidence vet costs or Applicant's other losses were direct and necessary consequence of Respondent's breach / Respondent not liable under claim so se…

Consumer law / Accommodation / Applicant was a guest in the Respondent’s hotel /  After his stay the Applicant discovered two additional charges of $330.08 and $175.36 / When the Applicant queried the changes he was told the additional charges were credit card surcharges and to pay for cleaning vomit and dog poo from his room / Applicant, through an advisor, discussed the matter with the Respondent and $200 was refunded / Applicant sought $1,295.44, refund of remaining $305.44 and $990.00 for consultant / Held: Applicant was responsible for damage caused to the hotel by negligence by him or someone in his party / Respondent failed to establish that a dog was brought into the room / Accepted that the evidence indicated that the Applicant caused damaged justifying additional cleaning or repair / Respondent was entitled to charge an additional fee for the sheets / $60 was an appropriate fee to clean the sheets / $200 already refund by Respondent / Balance of $245.44, which included the cr…