Disputes Tribunal of New Zealand

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…

Consumer law / Consumer Guarantees Act 1993 / Applicants purchased a second hand grandfather clock for $1100.00 from Respondent / Applicants alleged the clock was not able to be repaired and they wished to return the clock and receive a refund / Held: Respondent was not a specialist seller / Respondent was a charity that ran a shop selling second hand items, which would be obvious to any consumer / Clock was most likely marked as “as is” / Applicants were aware the clock was being sold not working because they engaged a clockmaker to fix it shortly after purchase / Guarantee that the clock was of acceptable quality did not apply / Applicants accepted the clock was not working and had no assurance it would work and they accepted the risk the clock may not able to be made to work / Claim dismissed.

Consumer law / Property / Applicant decided to sell her house by auction using the Respondent’s services / Respondent changed her mind about the auction an hour before it was planned to proceed / Respondent failed to pay invoice from Applicant / Applicant claimed $2,586.25 for marketing costs (including signage) and the auctioneer’s fee / Respondent did not dispute her obligation to pay the remainder of the charges, $1585.75 / Dispute limited to the cost of the signage being $195.50 and the auctioneer’s fee of $805.00 / Held: agreement between the parties referred to a standard sign only / No obligation to provide the Respondent with a brand new sign / Respondent unable to show any loss relating to the sign / Respondent required to pay $195.50 for the sign / Unlikely that the Respondent would advise a client that the auctioneer’s fee would not be required in the circumstances / Respondent ordered to pay $2,586.25 for marketing costs and auctioneer’s fee / Claim allowed.

Trespass / Parking / Applicant parked in carpark controlled by third party for seven minutes / Carpark had one sign indicating "No Parking" and another indicated "Customer Parking Only" / Respondent sent Applicant breach notice and three reminder notices / Applicant advised Respondent they thought park was for surrounding businesses / Applicant also stated that she had attended a third party business who controlled carpark / Applicant sought order that they were not liable to Respondent / Respondent claimed $320 for breach notice, reminder notices, and 2.5% monthly interest on unpaid notices / Held: Applicant did not trespass as Applicant could be customer of third party business / Signage indicated she was authorised to park there as a customer / Nothing to indicate appointment required or potential customers were not permitted to park / Applicant did not trespass so not liable to Respondent / Respondent's claim against Applicant dismissed.  

Contract / Respondent and Applicants were friends / Respondent had recently paid Applicant for some work done / Respondent asked Applicant to take plant to her house and if Applicant wanted to quote for plumbing work for Respondent / Respondent did not accept quote when Applicant gave it and did not pay Applicant for delivering plant and preparing quote / Applicant claimed $768.95 for work done and value of barbeque / Held: no contract between parties as no discussion that payment would be made / It would also be unusual to charge for time spent in preparing quote / Casual arrangements between parties were characteristic of favours between friends, not legal relationship / Not reasonable for Applicant to expect payment in the circumstances / Quasi-contract not established when clear Applicant agreed to do work as favour / Applicant gave barbeque as a gift to Respondent and was not entitled to its return / Claim dismissed.

Contract / Building Act 2004 / Applicant bought new-build property from Respondent which had a Code Compliance Certificate / Applicant noticed overflow relief gully had not been installed as per plans and council sign off / Respondent claimed they can complete work but Applicant will not allow it / Applicant discovered drainlayer who completed drainage work was not licensed / Document signed by a separate plumber verified they had completed work according to plans despite lack of overflow relief gully and fact that he had not done the work / Council passed inspection of property based on certified documents from the plumber / Applicant claimed $10,000 for another plumbing company to carry out necessary work / Held: work not carried out nor completed in accordance with plans / Work also not done in accordance with legal requirements as a non-LBP tradesperson had completed work and person certifying they did the work had not actually done it / Respondent liable for non-complaint work / A…

Negligence / Fencing Act / Applicant sought monetary contributions from Respondents for remediation work to fence / Applicant claimed fence damage was result of negligent renovations by Respondents / Counterclaim for damage and interference / Held - damage to fence caused by natural degradation of stormwater system / Respondents have no duty of care to carry out work on their property to prevent loss to neighbours / Applicant did not comply with Fencing Act process so relief under that Act is unavailable / Lack of evidence as to loss caused to Respondents by Applicant's actions or interference / Claim dismissed / Counterclaim dismissed.

Contract / Applicant entered agreement to be a flatmate at property where Respondent was the main tenant / Applicant said when she left the property her bond of $1,027.00 was not returned / Applicant claimed bond from Respondent / Respondent counterclaimed $11,711.86 for breach of contract and repair costs / Respondent claimed Applicant breached the agreement by moving out earlier than the agreed two-year fixed term / Respondent claimed she suffered loss as she had to make up the full rent amount and Applicant’s portion of the bills / Respondent also claimed Applicant caused damage to the walls in the room she occupied / Held: flatmate agreement was made verbally / No evidence that Applicant agreed to a fixed term / Evidence indicated the Applicant’s cat caused damage to the walls / Applicant liable for cost of repairing damage / Respondent entitled to deduct repair cost from bond, $920.00 / Applicant ordered to pay Respondent $107.00 remainder of the bond / Claim and counterclaim allo…

Contract / Building / Applicant contracted Respondent to build home on bare section / Subcontractor's concrete pumping truck damaged retaining wall and fence at the side of Applicant's driveway / Respondent disputed cost of replacing retaining wall / Applicant claimed cost of replacing retaining wall / Held: suitability of wall would have become an issue once driveway was installed / Applicant would have been liable for cost of engineering design and full cost of constructing a compliant retaining wall / Respondent paid for the cost of engineering / Subcontractor contributed one-quarter of cost / No further compensation payable / Claim dismissed.

Tort / Nuisance / Trees from Respondent's property damaged overhead powerlines causing loss of electricity at Applicant's property / Applicant arranged for trees to be trimmed and powerlines to re-erected / Applicant claimed for cost of trimming trees and repairing lines / Respondents counterclaimed for harassment / Held: trees caused damage to powerlines and Respondents had responsibility to keep trees trimmed to avoid touching powerlines / Applicants entitled to recover cost of repairing powerline and trimming trees / Tribunal lacked jurisdiction to hear it / Counterclaim dismissed.

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 / Banking / Applicant provided mortgage broking services to Respondent / Respondent did not proceed with Applicant's service / Respondent did not pay Applicant's invoice / Applicant claimed payment for services / Held: not proven that Applicant promised or guaranteed Respondent would obtain home loan offer at 80% LVR or higher / Applicant contractually entitled to charge Respondent / Respondent ordered to pay Applicant $1,600.00 / Claim allowed.

Consumer law / Contract and Commercial Law Act 2017 / Applicant purchased vehicle from Respondent / Applicant discovered many faults with the vehicle / Respondent carried out some repair work / Applicant claims Respondent caused other problems during this repair work / Applicant claims WOF was fraudulent and vehicle's condition was misrepresented / Held: Respondent not at fault and had offered to refund the purchase price / Applicant took risk of buying vehicles without a prepurchase check / Claim dismissed.