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1. TG v H Ltd [2019] NZDT 1338 (25 October 2019) [pdf, 304 KB]

   ...established that the semen was air freighted to CM. Any concerns about the AI process from that point lie with CM, not the company. 15. I have also had regard to concerns raised by TG about the first free return to N. The company had a duty under the Consumer Guarantees Act 1993 to provide its breeding services with reasonable care. The mare was not inseminated until after purchase (in early March), and no scan was provided to TG to establish it was in foal. In April, when TG was o...

2. Cole & Anor v Euro-Asia Investments Ltd & Ors [2013] NZWHT Auckland 8 [pdf, 140 KB]

   .................................................................................... 9 MEASURE OF DAMAGES .....................................................................................11 DAMAGES CLAIMED BY THE CLAIMANTS ..........................................................13 CONSEQUENTIAL DAMAGES ..............................................................................14 GENERAL DAMAGES ..........................................................................................

3. Regulatory Systems Amendment Bill [pdf, 218 KB]

   ...justice. 3. Coroners Act 2006 Enable nurse practitioners who attended a person before their death to provide a written report to the coroner relating to that person, and to be paid for that report, as doctors are enabled to. This includes a consequential amendment that enables nurse practitioners to attend the post-mortem of people they attended before their death, or as a representative of the family if the coroner agrees. Allow, and pay, nurse practitioners to prepa...

4. MH & QH v I Ltd [2023] NZDT 597 (2 November 2023) [pdf, 208 KB]

   ...provided by the absent party. I confirm that I have read those submissions and evidence and taken them into account before making any decision. Is the pergola fit for purpose? 10. The installation of the pergolas is covered by the warranties in the Consumer Guarantees Act 1993 (CGA). These warranties require the installation of the pergola to be ‘fit for purpose’ and completed with ‘reasonable skill and care.’ These warranties are the same as those in s362I (1)(b)(i) and (1)(...

5. TL v OC Ltd [2023] NZDT 775 (14 December 2023) [pdf, 235 KB]

   ...WS concluded that a different product, ‘[Product 2]’ had been used. [Product 1] is a penetrating product, whereas [Product 2] sits on the surface of the timber and requires a special primer to be used. Law 6. The law of contract and the Consumer Guarantees Act 1993 apply. If the contract specifies a particular product, then the supplier is liable for any losses resulting from the incorrect product being used. The CGA also provides for an implied guarantee in consumer contract...

6. TM & YM v K Ltd [2024] NZDT 608 (6 June 2024) [pdf, 138 KB]

   ...the description as being of Solid Wood? b) Was the kitchen free from defects and installed with reasonable skill and care? c) What is the remedy? 7. As the kitchen is a domestic item ordinarily used for household use then it is covered by the Consumer Guarantees Act 1993. The relevant provisions are s 9 and 10 of the Consumer Guarantees Act 1993 (CGA) that provides that when goods are supplied by reference to a description or sample then the goods provided must match that description...

7. EU & Ors v I Ltd [2024] NZDT 594 (19 July 2024) [pdf, 184 KB]

   ...terms and conditions of hire limit its liability to EU, and further, provide it indemnification by EU against claims from third parties (F Ltd and SC Ltd in this case) for damage. 7. With respect to I Ltd’s contract with EU, I find that EU is a consumer for the purposes of the Consumer Guarantees Act 1993 (CGA). EU says that although he is a technical events professional, he was involved in this event in a personal capacity and was not acting in trade when he hired the generator and...

8. SC v RG [2020] NZDT 1560 (4 May 2020) [pdf, 239 KB]

   ...bank) will require prospective borrowers to disclose their debts before the financial institution will approve a loan. If other borrowings are over a certain amount the financial institution might not lend the full amount. Lending is more robust for consumer loans (which Mr and Mrs G’s loan from the [bank] would have been) since the introduction of the responsible lending rules under the Credit Contracts and Consumer Finance Act 2003 in June 2015. 9. Even considering the [bank] lette...

9. NR v HT [2019] NZDT 1335 (6 November 2019) [pdf, 222 KB]

   ...Page 3 of 7 Was the boat of acceptable quality and fit for purpose? 7. However, as the Xs decided to sell their boat through an agent who is acting “in trade”, the sale of the boat became subject to the statutory warranties set out in the Consumer Guarantees Act 1993 (the CGA): Walters & Ors v Taylor Marine Limited & Ors (HC, AK CIV-2006-404-2772). 8. As a result, the boat was required to be of acceptable quality and fit for purpose as those terms are defined in s...

10. Regulatory Impact Statement improvements to district court rules [pdf, 66 KB]

    ...Rules Executive summary 1. The District Courts Rules 2009 (the Rules) prescribe pre-court procedural steps that require parties in civil cases to exchange lengthy court forms before their case comes before a judge. These requirements are time-consuming and can make limited contribution to resolving a case. 2. This RIS reviews three options for addressing these problems: A. retaining the status quo; B. adopting the High Court Rules; or C. adopting a modified version of the Dis...