Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Contract / Consumer Guarantees Act 1993 / Applicant undertook accounting work for Respondent / Respondent claimed work was unauthorised as he informed Applicant he was no longer trading as a taxi driver / However, Respondent agreed he was liable to pay for five months of work / Applicant claimed two unpaid invoices totalling $1115.50 / Held: work was authorised / Respondent’s communication that he had ceased trading did not amount to instructions for Applicant to stop all work / Evidence showed ongoing relationship / Respondent had ongoing tax obligations and instructed Applicant to contact third parties on his behalf / Invoices reflected reasonable prices / Annual accounts invoice for seven hours of work consistent with previous years / Two hours was reasonable for the work / Same work was required regardless of 6 months or 12 months' income / Respondent ordered to pay full invoiced amount of $1,115.50 / Claim allowed.

Objection to valuation by Council – Rating Valuations Act 1998, s 36 – Valuation agreed by consent – No costs order.

Contract / Applicant parked in privately run car park without successfully paying for parking session / Applicant told Respondent of being unable to pay via Respondent’s chatbot and left car parked / Respondent sent Applicant $95 breach notice and additional collection costs for failure to pay breach notice in required time / Applicant claimed declaration of non-liability for breach notice and collection costs / Respondent counterclaimed for $460.99 / Held: Applicant failed to comply with terms and conditions of parking and was liable for breach fee / Additional enforcement and collection costs not enforceable as debt already in dispute when additional fees applied / Applicant ordered to pay $95 to Respondent / Collection costs dismissed / Claim allowed in part.

Property Law / Insurance / Property Law Act 2007 / Respondent leased Applicant’s property to operate laundromat / Under deed of lease Respondent required to pay insurance costs / Property’s use had changed so insurer required information to calculate new premium costs / Information not available at renewal, Applicant advised insurer to base its calculation on laundromat model / Premium increased / Respondent did not pay the increased premium / Applicant claimed $23,511.04 / Held: information required for premium assessment was not provided until April 2024 / Applicant acted properly and reasonably in procuring the new premium with information it had in July 2023 / However, Applicant unreasonably delayed procuring reduced premium for two months / Respondent to pay Applicant $21,148.47 for insurance costs reasonably incurred and contractual interest / Claim allowed in part.

Contract law / Respondent contracted Applicant to do a meth test / Respondent later asked Applicant’s director for assistance in a Tenancy Tribunal dispute regarding meth decontamination costs / Director investigated issue and attended the tribunal hearing with her / Applicant invoiced Respondent $1,466.25 / Respondent refused to pay claiming she did not expect to be charged / Applicant claimed $1,966.25 / Held: implied contract existed between the parties / When individual requests services from business, no need to explicitly state there will be a charge for the services / Generally implied term that customer will pay reasonable fee for services if no rate specified / No established relationship or communication between the parties that services would be free / However, hourly rate Applicant charged not reasonable and was reduced by Tribunal / Claim for collection costs and filing fee not allowed / Respondent to pay Applicant $879.75 / Claim allowed in part. 

[2025] NZEmpC 174  Bowen v National Australia Bank Ltd (Costs Judgment of Judge KG Smith, 14 August 2025) COSTS – GUIDELINE SCALE – scale costs awarded.

Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / complainant purchaser alleged listing licensees did not disclose that property was personal property of vendor licensee, pressured him to purchase, and that property was overpriced / Real Estate Agents Act 2008 / Real Estate Agents Act 2008, s74, s112, s136 /  HELD /  vendor licensee was not licensed at time of conditional sales agreement and therefore owed no obligation to disclose benefit / vendor obtaining licence shortly after settlement not captured by s 136 disclosure obligation / no evidence of property being sold at overvalue / price was determined by vendors and purchasers / preliminary inquiries supported dismissal of conflict of interest allegations / real estate transactions inherently stressful for parties / no evidence of undue or unfair pressure / no error of fact or law / application dismissed / Registrar’s decision confirmed.

Objection to valuation by Council – Rating Valuations Act 1998, s 36 – Objection withdrawn by consent – No costs order. 

Consumer law / Consumer Guarantees Act 1993 / Applicant bought mower from Respondent but broke handle a month later / Respondent advised replacement part would take 10-12 weeks / Respondent delivered incorrect part after 9 weeks / Applicant queried incorrect replacement part with Respondent and Respondent’s employee mistakenly told Applicant a new mower would be provided / Applicant requested refund after being without replacement part or new mower for 16 weeks / Applicant claimed refund of purchase price and associated losses / Held: Respondent breached guarantee as to delivery by failing to supply correct part within reasonable time but failure was not substantial / Applicant not entitled to reject goods or receive refund / Respondent ordered to pay Applicant $1,000 for consequential loss from breach and to deliver correct part immediately / Claim allowed in part.

Objections to valuations by Council – Land Valuation Proceedings Act 1948, s 19(8)(b) – Valuation agreed by consent – No costs order.

Contract / Consumer Guarantees Act 1993 ‘CGA’ / Applicant bought campervan from Respondent / Applicant had many issues with campervan after purchase / Respondent states that campervan was defective when it was sold / Applicant claims refund of purchase price of $15,900, unpaid road user charges of $241, tyre replacement costs of $148, and $1,711 for emotional distress / Held: Section 6 CGA states that goods need to be of an acceptable quality and fit for its intended purpose / Section 7 states that to determine whether a good was of acceptable quality surrounding context of sale and nature of good must be taken into account / Campervan was well used / During inspection, inspection company had noted various maintenance issues / Vehicle was fit for purpose and of acceptable quality / Respondent to pay Applicant $241 for road user charges / Claim accepted in part. 

Consumer law / Contract / Consumer Guarantees Act 1993  / Applicant paid $8000 to Respondent for 8 weeks accommodation / $4,000 was paid as a deposit when booking and another $4,000 was paid at the beginning of the Applicant's stay / During the stay, Applicant requested not to run the heating unit above 19 degrees while out of the unit / Applicant wished to have room heated when returning / Respondent entered the unit, altered the temperature and removed the remote while Applicant was out / Applicant left the accommodation and moved to another location nearby as a result of the heating dispute / Respondent claimed there was a 2 week notice period for cancellation / Respondent attempted to charge the Applicant fees for damage to the heating unit, TV and two smoking breach charges / Applicant claimed refund of $7000 / Held:  Respondents claims for damage and smoking breaches were unsubstantiated / Respondent not allowing Applicant to use services as advertised was a failure of substantia…

Objections to valuations by Council – Rating Valuations Act 1998, ss 32, 34, 35, 36, 38(2) – Objection not able to be resolved – Council rating accepted – No costs order.