Disputes Tribunal of New Zealand

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased second-hand fridge from Respondent / Fridge frosted over repeatedly and destroyed food / Respondent offered replacement fridge / Replacement fridge did not cool sufficiently and also destroyed food / Applicant requested refund from Respondent / Applicant refused Respondent offer to return original fridge upon return of replacement fridge / Applicant claimed $1099 for costs of fridge and lost food / Held: both fridges were not of acceptable quality as they failed to maintain sufficient temperature to preserve food / Respondent was in trade given he repaired and resold second-hand fridges / Applicant entitled to reject goods as they attempted to fix first fridge and got replacement fridge from Respondent at own expense / Applicant entitled to be paid $1040 by Respondent as refund of purchase price and reimbursement for damaged food / Respondent to pay further $50 to Applicant if Respondent fails to pick up fridge by specif…

Consumer law / Contract and Commercial Law Act 2017 (CCLA) / Applicant purchased boat from Respondent / Applicant and Respondent had differing recollections of statements made about boat's condition prior to purchase / Applicant said respondent had said boat "would outlast him" but Respondent says boat sold "as is" / Applicant was unable to inspect boat's hull prior to purchase / Hull had pitting and holes so severe it was uneconomical to repair / Boat stood in Harbour Master's yard for two years / Applicant claimed $7000 damages for Respondent's alleged misrepresentation about hull's condition / Held: no representation made about condition of hull / Applicant unable to prove Respondent made representation about hulls being in good condition / Even if Respondent had said boat would outlast Applicant that would not be a representation covered by CCLA as it is a promise about the future / Applicant reliance on a statement from Respondent about hulls being in good condition was not reason…

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.

Contract / Misrepresentation / Contract and Commercial Law Act 2017 / Applicants purchased house from Respondent and found toilet drainage issues upon moving in / Applicants' plumber said drain was damaged for a long time / Respondent's plumber unaware of any issues with toilet / Six week period where house unoccupied after settlement / Respondent experienced no issues while living in property up to settlement date / Applicants claimed $4753.41 as compensation for plumbing and drainlaying costs / Held: insufficient evidence that toilet not in reasonable working at settlement date, so no breach of contract / Respondent had no issues with toilet / In-pipe camera showed tree root had broken pipe but insufficient to show problem was apparent on settlement date / Period that house was unoccupied after settlement may have exacerbated previously unknown issues / No evidence to establish misrepresentation claim / No legal basis for compensation claim / Claim dismissed.  

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a washer/drier / Over four years after purchase a fault developed / Repairer found a wire had broken on the motor plug / Applicant claimed the machine had a 10 year manufacturer’s warranty / Held:  wiring not a part of the inverter motor / Wiring a separate component / Claim under manufacturer’s warranty failed / No evidence that warranty information was misleading/ Not proven that the problem was due to a failure to comply with the guarantee/ Claim dismissed.

Contract / Tort / Negligence / Applicant engaged by Respondent to house or pet sit / Applicant used Respondent's vehicle with permission / Vehicle had issues while driving / Applicant advised not to drive vehicle / Applicant claimed reimbursement for towing fees / Held: Respondent did not advise Applicant vehicle was 6 months overdue for service and was being monitored for mechanical faults / Applicant not negligent and not liable for replacement engine / Applicant entitled to 50% reimbursement for towing expense / Applicant not entitled to pet care services payment as contract was for unpaid house and pet care services / Respondent ordered to pay Applicant / Claim allowed in part.

Contract / Applicant supplied Second Respondent with 108kg of honey at an agreed price per kilogram / Applicant collected the bulk of the honey due to non-payment / 7.25kg was missing and 5.65kg rendered unusable / Applicant claimed Second Respondent knew the honey did not meet the Ministry of Primary Industries’ Risk Management Programme (RMP) standard which was required for export but not for local consumption / Applicant claimed $57,250.00 for the missing and unusable honey / Held: contract for honey was with Second Respondent and not with First Respondent / Honey could be used for local consumption despite not meeting the RMP standard / Second Respondent ordered to pay Applicant $30,000 / Claim allowed.

Contract / Misrepresentation / Applicant bought vehicle performance part from Respondent / Applicant claimed part was incorrectly supplied because his vehicle failed compliance even after rectification attempts / Held: Respondent's ad was for a vehicle coilover kit but that did not include parts necessary allowing vehicle to be used on roads / Respondent supplied part to Applicant / Respondent had no obligation to ensure Applicant's purchase would allow his car to be used on road / No misrepresentation / Applicant failed to show fault on Respondent's part / Claim dismissed. 

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 / Unknown person set up accounts with the Respondent in the Applicant’s name / Person created the accounts using the Applicant’s passport details / Applicant was not aware of the accounts until he was contacted by a debt collection agency / Applicant disputed the debt on the grounds that he did not establish the accounts and did not receive any services from the Respondent / Respondent ultimately cancelled the invoice and the debt recovery action / Applicant sought compensation for travel and inconvenience relating to disputing the debt / Held: accepted that the Respondent owed the Applicant indirectly a duty of reasonable care and skill / However, Applicant failed to prove that the Respondent’s processes were inadequate or outside of the industry norms / Consumer law claim unsuccessful / Tribunal only had the jurisdiction to consider the claim on the consumer law basis / Claim dismissed.

Contract / Bailment / Applicant loaned First Respondent his car while overseas / Both the Applicant and First Respondent were on learner licenses / Second Respondent, First Respondent’s father, disabled the car out of concern that First Respondent was driving illegally / Applicant instructed First Respondent to return the car / After returning from overseas, Applicant discovered damage to the car and sought $11,098.75 from the Respondents’ for repairs and loss of wages / Held: front bumper and radiator support were damaged while the car was in First Respondent’s care / First Respondent must pay Applicant $2,120.25 for repairs and $400, agreed price for loan of the car / Applicant’s claim for loss of wages denied as he could have found an alternative way to get to work / Second Respondent not liable for any of the damage / Claim allowed in part.

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased a spa from Respondent for $11,995 / Four years later, a fault occurred with the spa and it stopped heating the water / Applicant contacted Respondent for repairs and was advised the spa was no longer under warranty and a $150 charge would apply for a technician inspection / Technician advised that the circulation pump needed to be replaced and would not be covered under warranty / Applicant paid $189 for the circulation pump and a further $149.99 for installation / Applicant claimed for the technician’s inspection fee, circulation pump and the installation cost amounting to $488.99 / Held: evidence suggested fault with spa may have been caused by improper water management by the Applicant / Spa found to be of acceptable quality / Claim dismissed.

Consumer law / Applicant a former member of Respondent Incorporated Association / Applicant dissatisfied with Association and was expelled after a series of complaints / Applicant claimed recovery of membership and other costs / Held: not misleading to claim Respondent is New Zealand's leading professional association for practitioners / Professional not an adjective to describe how association will conduct itself / Applicant unsuccessful in claiming Respondent's services were not of proper quality / Applicant not entitled to refund of membership fees / Applicant used a number of services whilst a member / Applicant not entitled to refund of conference fee / Applicant had programme prior to attending so he was aware of the conference content / Claim dismissed.