Disputes Tribunal of New Zealand

Tort / Liability / Warning signs / Towing / Applicant parked vehicle on private land and was towed by Respondent / Applicant said lessee of property had not given Respondent authority to tow vehicles / Applicant claimed refund of $350 paid to retrieve vehicle / Held: Applicant parked on private land / No requirement for warning signage on private land / Respondent demonstrated they had authority to tow vehicle / Claim dismissed.

Contract / Misrepresentation / Applicant purchased property from Respondent / Applicant were told property had gas cooktop and gas hot water system but these were electric upon visit by Applicant / Applicant claimed damages for misrepresentation / Held: there was misleading representation made by Respondent through its agent / Representation induced Applicant's entry into contract / Respondent liable to pay damages / Respondent ordered to pay Applicant $24,722.70 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant engaged Respondent to provide food platters, drinks, and bar services for Applicant’s wedding for $2,000.00 / Respondent experienced resourcing and illness issues / Many of the agreed services and resources were not provided by Respondent / Applicant claimed refund of $1,500.00 from Respondent alleged that she failed to provide services with reasonable care and skill / Respondent counterclaimed $3,500.00 for stress, online slander and derogatory comments she alleged were made by Applicant resulting in loss of work / Held: Respondent did not carry out her services with reasonable care and skill / Despite issues, responsibility of Respondent to ensure she could provide promised services / Tribunal does not have jurisdiction to hear claim for stress, slander and derogatory comments / Claim granted and counterclaim dismissed.

Consumer Law / Consumer Guarantees Act 1993 / Applicant engaged Respondent to repair leaking deck / Following repair, water ingress occurred to two of Applicant's downstairs bedrooms / Applicant claimed uninsured losses totalling to $30,000 / Held: Respondent failed to carry out its service with reasonable care and skill / Respondent's failure of guarantee of reasonable care and skill was of substantial character / Respondent ordered to pay Applicant $28,569.28 and Applicant's Insurer $1,430.72 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant bought dog from Respondent / Dog diagnosed with medical condition / Applicant claimed compensation for past, ongoing and expected veterinary costs and reimbursement of $3,000 purchase price / Held: dog sold by Respondent not of acceptable quality / Parties agreed dog was worth $1,000 / Respondent ordered to pay Applicant $2,300, dog's value and reimbursement for vet invoices / Claim allowed in part.

Contract / Applicant purchased property from Respondent / Applicant discovered stovetop is not in reasonable working order / Applicant claimed compensation for breach of warranty / Held: stovetop not in reasonable working condition / Applicant entitled to be reinstated to the position she would have been in had Respondent not breached agreement / Respondent ordered to pay Applicant $916.36 / Claim allowed.

Contract / Applicant sublet a room to Respondent for a fixed term / Respondent moved out six weeks early / Respondent allowed Applicant to keep his bond for rent / After he left, it took Applicant several months to find another flatmate / Applicant claimed $9,000.00 for rent and utilities / Held: Respondent liable for the rent for whole fixed term / Respondent breached contract by leaving early and stopping paying rent / Applicant could potentially have reduced losses by trying to find a suitable replacement flatmate / Applicant also had an obligation to mitigate losses / Not accepted that a flatmate could not reasonably have been found in less than 22 weeks / Six weeks after Respondent left a reasonable time period to find a new flatmate / Respondent liable for outstanding rent and utilities/expenses totalling $2,217.00 minus Respondent’s bond $460.00/ Respondent ordered to pay $1,757.000 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant purchased American coins via online auction for $366.00 / Applicant claims two coins were swapped out / Applicant claims $3,800.00 compensation / Respondent disputes coins were swapped out / Held: Applicant did not provide consistent and convincing evidence the coins had been swapped out thus is not entitled to compensation for their loss / Claim dismissed.

Fencing / Fencing Act 1978 (FA) / Applicant engaged contractor to build boundary fence on rural property / Applicant claims $8,682.00 from neighbouring Respondents / Held: Fencing work failed to comply with s 10 of the FA / Respondents had objected to quote via cross notice / Fact that Applicant wanted to plant new seedlings and could not wait did not mean s 16 of the FA could be invoked / Respondents not liable to share fencing cost / Claim dismissed.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased car from Respondent / Ongoing engine problems began 6 months after purchase / Applicant returned to Respondent numerous times to resolve issues, eventually asked for refund / Respondent did not give refund, offered to replace engine / Applicant claimed refund of purchase price / Held: car was not of acceptable quality or fit for purpose / Applicant entitled to reject car and receive refund / Respondent ordered to pay Applicant $16,500.00 / Claim allowed.

Negligence / Applicant’s car damaged by van driven by First Respondent / First Respondent driving van in course of employment for Second Respondent / First Respondent was on phone to Second Respondent at time of collision / Applicant’s insurer claimed $3,962.53 repair costs / Held: First Respondent owed duty of care to check for cars approaching / Duty did not rest with Applicant who was in own lane / First Respondent breached duty of care / Second Respondent vicariously liable for First Respondent’s negligence / Repair costs were reasonable, excluding COVID-19 cleaning charge as no active cases at time / Respondents ordered to pay Applicant’s insurer $3,922.28 / Claim allowed.

Aviation law / Civil Aviation Act 1990 / Contract law / Contract and Commercial Law Act 2017 / Applicants booked to fly internationally with the Respondent / Flight was diverted as severe weather was predicted / Applicants claims various costs including cost of transportation, electronic visa, food, hotel stay, and insurance / Held: Respondent not responsible for costs in these circumstances, as the risk of severe weather disruptions is on the customer / However, Respondents were willing to make some good-will payments to the Applicants / Respondent to pay Applicant $1,822.67 in damages.

Contract / Applicant contracted by Respondent to provide foundation works for an agreed contract price / Dispute centres around the variation of contract price / Applicant claimed difference between original contract price and amount paid / Respondent counter-claimed and sought refund of overpayment / Held: both parties contributed equally to loss of any ability to charge client for additional supplied but unused and non-returnable steel / Respondent liable to pay 50% of original contract price plus undisputed amounts plus minor variation / Respondent ordered to pay Applicant $13,479.63 / Claim allowed in part.