Search Results

1. BE v D Ltd & DO Ltd [2024] NZDT 230 (25 March 2024) [pdf, 212 KB]

   ...this matter, the Tribunal has had the opportunity to review documents including: a. submissions and (where appropriate) photographs put forward by each of the parties; b. DO Ltd information booklet [booklet title], and booking information; c. New Zealand Telecommunications Forum (“TCF”) Code for Installation of Fibre Telecommunications Services (v.1.0); d. DO Ltd (confidential) [redacted] e. TCF booklets “[booklet title]”, for homeowners, and for cable installers; f....

2. CD & ors v CU Ltd [2024] NZDT 508 (23 June 2024) [pdf, 145 KB]

   ...inspection report from CU Ltd, which should have identified if there was still water damage / leakage. 3. LD says that in or about February 2023, the trustees were considering selling the property. The tenant had offered $1000 per week to renew the lease term for another year. LD says that on 10 February 2023, he asked CU Ltd whether the water leakage was fixed. He says KU of CU Ltd confirmed on the same day in a voice message on his phone that it was. He says that on 24 February 20...

3. YA & AZ v BT [2024] NZDT 765 (22 November 2024) [pdf, 118 KB]

   ...[2024] NZDT 765 APPLICANT YA APPLICANT AZ RESPONDENT BT The Tribunal orders: i. YA’s and AZ’s claim against BT for the costs of removing the existing hedge separating the properties and for the construction of a new fence is dismissed. ii. YA’s and AZ’s claim about BT’s driveway encroaching on their property is struck out. Reasons 1. The parties own neighbouring properties in [City]. YA and AZ (referred to as ‘the applicants’ for sim...

4. NE & QE v LH [2024] NZDT 759 (7 November 2024) [pdf, 104 KB]

   ...ORDER OF DISPUTES TRIBUNAL [2024] NZDT 759 APPLICANT NE APPLICANT QE RESPONDENT LH The Tribunal orders: The claim is dismissed. Reasons: 1. At the start of September 2022 NE and QE purchased a home in [address] from LH, undertaking some renovations before moving in permanently in October that year. They say they immediately encountered drainage issues with the toilet. Investigations over time involved various remedial measures, eventually...

5. MI and E Ltd [2023] NZDT 657 (28 September 2023) [pdf, 185 KB]

   ...claim. Was the decision to invoke the rain date made with reasonable care and skill? 11. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 12. Part of the service provided to concert goers was the decision regarding the rain date. There was some rain in central [City 1] on both the 1st and 2nd of April. MI argued that...

6. MO & SO v QC Ltd [2022] NZDT 157 (28 September 2022) [pdf, 142 KB]

   ...contract may have been the ‘final straw’ for the pool, but that does not mean that the works were the primary cause of the failure. It also does not necessarily mean that TI breached their duty of care to MO and SO or failed to provide their services with reasonable care and skill – these issues will be addressed below. Did TI breach its duty of care to MO and SO and did TI carry out its work with reasonable care and skill as per the Consumer Guarantees Act 1993 (‘CGA�...

7. BT Ltd v XN [2023] NZDT 549 (11 October 2023) [pdf, 101 KB]

   ...accrue. 3. By July 2022, when the monthly rent was once again increased slightly by BT, XN’s arrears were at $2688.92, and all BT’s attempts to reach XN re payment had been unsuccessful. It appears he had relocated without advising BT of a new address, and all their attempts to call and email were unanswered. 4. In November 2022 BT engaged a tracing agent and notice was given, once XN was located, for him to clear his belongings out of his unit. 5. A written agreement in th...

8. FV v UE Ltd [2022] NZDT 140 (1 September 2022) [pdf, 179 KB]

   ...In August 2021 it developed a fault with the heating. FV approached UE Ltd, as that was where she recalled having purchased it. UE Ltd did not have any record of the purchase but, after some discussion, agreed to replace it. A few months later the new dryer developed a problem with heating, and FV contacted UE Ltd again, requesting a refund. Again, there was confusion and discussion over whether FV had purchased the original from UE Ltd and whether the second dryer would be repaired or ref...

9. KQ & LT v SG [2023] NZDT 287 (13 June 2023) [pdf, 234 KB]

   ...4. This matter was heard before me on Mon 17 April 2023. KQ and LT attended by teleconference however the Tribunal was unable to make contact with SG. On the evidence I am satisfied that: a. notice of the hearing has been served on SG’s home address, which is now at [Address 1], rather than [Address 2] where he lived at the time of this incident; b. the hearing was clearly advised to the parties as being conducted by teleconference and despite request, SG has not provided a phone n...

10. ZZ v L Ltd [2023] NZDT 323 (11 August 2023) [pdf, 233 KB]

    ...OF DISPUTES TRIBUNAL District Court [2023] NZDT 323 APPLICANT ZZ RESPONDENT L Ltd The Tribunal orders: The application is dismissed. Reasons 1. In August 2022 ZZ engaged W Ltd to construct a new concrete driveway at his property. L Ltd was the supplier of the concrete under a contract with W Ltd. Soon after completion of the work, ZZ noticed areas of discoloration with the concrete and he claims that this because of defects in the...