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1. EX v TY [2022] NZDT 273 (16 December 2022) [pdf, 113 KB]

   ...of probabilities that TY has not breached the guarantees under the CGA, and EX is not entitled to claim a refund of $3,925.10. Accordingly, the claim is dismissed. Referee: L Fuli Date: 16 December 2022 Page 4 of 4 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

2. KT v U Ltd [2024] NZDT 731 (17 September 2024) [pdf, 187 KB]

   ...2. KT has claimed the insurance excess she paid and compensation for the loss of her possessions. She believes that U Ltd is liable for the losses under Consumer Guarantees Act 1993 (CGA) provisions. She believes that she was not adequately informed by U Ltd of the danger of fuel escaping if the generator tipped over. She said that she understood from her previous generator instruction manual that it must always be stored in an upright position but did not understand that this was be

3. KI & GI v Q Ltd [2023] NZDT 152 (3 July 2023) [pdf, 226 KB]

   ...options, but his catalogue regards them as correct. UC says that KI tightened the nuts too much when he fitted the CV Joints, and this caused play in the bearings and resulted in the bearings collapsing. 11. Having carefully considered the available information and evidence, I find that KI and GI have proved, on the balance of probabilities, that the CV Joints were not reasonably fit for purpose, so the implied guarantee set out in s8 of the CGA was not complied with. I make this findin...

4. Kaituna Resource Teacher's Notes [pdf, 40 KB]

   f THE TREATY OF WAITANCI TEACHER'S NOTES These two fact sheets have been prepared with fourth form curriculum in mind, however they can be used at all levels of secondary school. They can be used together or separately. The aim of the fact sheets is to introduce the work of the waitangi Tribunal both by showing what claims are and the process they go through, and by providing a case study. The case study - Kaituna Claim - has been set up as a decision-making exercise fo...

5. TD v KO [2021] NZDT 1684 (20 December 2021) [pdf, 216 KB]

   ...1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1684 APPLICANT TD RESPONDENT KO The Tribunal orders: The claim is dismissed. DD is to remain in the possession of KO. Reasons: 1. TD claims her former neighbour, KO, gifted her a young cat named D on 8/6/2021 in the course of a telephone conversation. Following the conversation, TD took the cat to the vet, had him vaccinated and microchipped, renamed him P, and had a cat door installed....

6. WD v NU & OT [2024] NZDT 38 (25 January 2024) [pdf, 129 KB]

   ...NU and OT liable to refund the bond in full. 13. NU and OT are therefore to pay WD 7 days rent of $240, plus the bond of $800, being a total of $1040. Referee: K. Edwards Date: 25 January 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

7. T Ltd v WE [2024] NZDT 705 (13 September 2024) [pdf, 98 KB]

   ...on 10 May 2023 as part of a ‘handshake’ agreement to purchase his cleaning business which had one client at that time, a childcare centre. 2. T Ltd started cleaning at the childcare centre on 1 June 2024, but says that WE did not properly inform the client of the change of ownership. They also claim that the business was not sold properly with respect to GST and other issues. They claim a refund of the $10,000.00 paid for the business as well as interest and other costs for a total...

8. LS v CC [2024] NZDT 773 (18 December 2024) [pdf, 183 KB]

   ...with BC who was CC’s father. 4. BC passed away and from March 2024 LS became a legal tenant after signing a tenancy agreement. 5. After BC passed away but before LS became a tenant, LS continued to live at the property on week by week informal basis. 6. During that period CC had a key and authority to enter the property to remove family items. 7. Because there was no money payout or single item of property valued at over $15,000.00 CC explained that he had been advised by...

9. BX v W Ltd [2023] NZDT 709 (21 December 2023) [pdf, 117 KB]

   ...credit holders is commercially sensitive along with the number of credits used to date and how many seats it has made available for New Zealand FFC holders in total. It seeks any evidence on this to is suppressed notwithstanding it is this very information which could determine the reasonableness of the remedy offered to New Zealand FFC holders. I note the respondent also requests any reference to any credits held or used by any creditor or the number of seats allocated is also suppressed...

10. TN v KI & QI [2025] NZDT 62 (25 February 2025) [pdf, 141 KB]

    ...the Applicant entitled to a remedy and, if so, is the amount claimed proved and reasonable? Was there a contract of service between the Applicant and the Respondents? 4. A legally enforceable contract can be made in writing or verbal; and can be formal or informal. 5. It is not in dispute between the parties that the Respondents engaged the Applicant to officiate at their wedding as the marriage celebrant. Accordingly, I am satisfied that a contract of service was formed between t...