Employment Court of New Zealand Te Kōti Take Mahi o Aotearoa

Contract / Contract and Commercial Law Act 2017 / Applicant purchased vehicle from Respondent / Applicant was informed vehicle was blowing blue smoke on next day / Post-purchase inspection suggested car had mechanical problems / Applicant alleged Respondent must have known of vehicle problems and did not disclose them / Applicant claimed $3350.00 purchase price and sought to return vehicle / Held: a misrepresentation requires the Respondent to have made incorrect statement about vehicle’s condition which induced the Applicant to purchase it / Neither party had a copy of the original advertisement / Silence in private sales, or not disclosing, not a misrepresentation / Respondent told Applicant he had no mechanical knowledge / No evidence the Respondent made statements amounting to misrepresentation / Applicant purchased after viewing vehicle and taking it for a test drive, without a formal pre-purchase assessment of the vehicle / No misrepresentation that induced Applicant to purchase …

[2025] NZEmpC 25 Hurrell v Menopaws Ltd t/a Number 8 Café (Interlocutory Judgment of Judge KG Smith, 21 February 2025) APPLICATION FOR SECURITY FOR COSTS – absence of evidence of plaintiff’s inability to pay – application not granted

Police v Parker complaint - COA expired while remanded in custody on serious charges - Complaint closed as no longer a certificate holder - complaint will become an objection to any new application. 

Consumer law / Consumer Guarantees Act 1993 / Applicant purchased flatpack cabin from Respondent / Applicant complained about significant water ingress into the cabin / Applicant claimed for full refund plus $1,000 compensation for stress caused and costs for making claim / Held: cabin leaked significantly and did not meet the guarantee of acceptable quality / Applicant informed Respondent and this placed duty on Respondent to repair or replace the cabin, or refund purchase price / No evidence established that Respondent attempted to contact Applicant / Applicant entitled to cancel contract and receive refund / No compensation awarded for claims of stress and cost reimbursement / Respondent ordered to pay Applicant $8,199 / Respondent ordered to retrieve cabin from Applicant's property / Claim allowed.

Claims for costs on appeal. Outcome: Respondent ordered to pay Appellant $350, $250 in costs and disbursements of $100. 

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

Consumer law / Applicant's vehicle examined by Respondent when a dashboard warning light came on / Respondent's technician asked to rev vehicle engine to see whether warning light would come back on / Engine suffered significant damage due to lack of lubrication / Applicant claimed value of vehicle and costs associated with breakdown, storage or transport, and costs related to claim / Held: lack of a history that vehicle was not driving well, warning light did not come back on again and ordinary checks showed no obvious faults / Nothing more reasonably required from Respondent's technician to assess vehicle / Respondent carried out initial assessment with reasonable care and skill / Recommending the driver rev the vehicle was reasonable in the circumstances / No suggestion that the act of revving caused fault or failure / Respondent not liable to losses arising from failure of engine / Claim dismissed.

Tort / Negligence / Applicant's vehicle collided with Respondent's vehicle which was part way through a righthand turn / Respondent denies liability on the basis that Applicant was driving too fast / Applicant's vehicle was written off / Applicant claimed $4,757.13 / Held: Respondent failed to take reasonable care because he turned right across Applicant's lane without giving way / Respondent failed to see Applicant / Applicant exceeded speed limit at time of collision / Respondent's liability is at 90% / Applicant's insurer not estopped from pursuing claim against Respondent / Claimed costs are reasonable / Respondent ordered to pay Applicant's insurer $4,281.42 / Claim allowed.

Contract / Consumer Guarantees Act 1993 / Applicant paid $22,722 for Respondent's dental services / Applicant disputed amount charged for second crown / Applicant unhappy with yellowing of veneers which she said look like smokers teeth / Applicant claimed $27,965 for costs to replace all veneers, difference for price paid for second crown, application fee and emotional stress / Held: Applicant failed to establish Respondent did not exercise reasonable care and skill or that final outcome produced was not reasonably fit for purpose / Applicant well informed of options and expected results / Faint colouration in Applicant's teeth not within construct of ceramic veneers but resulting from natural tooth colour underneath veneer / No breach of contract or statutory guarantees / Respondent failed to give agreed discount for both crowns / Applicant not entitled to claim costs relating to veneers, application fee and emotional stress / Respondent ordered to pay Applicant $200 / Claim dismissed…

Application to review Registrar’s determination not to pursue complaint as it only disclosed inconsequential matters / Real Estate Agents Act 2008, s74, s107A, s112 / Professional Conduct and Client Care Rules 2012, r5.1 and r6.4 / HELD / purchaser alleged licensee enticed consideration of property with lower price than in fact sought / Registrar overlooked licensee’s admission as to communicated price expectation / nonetheless, Registrar’s conclusion that licensee did not give incorrect or misleading advice justified / purchaser not misled as to price at critical time of making offer / purchaser also disputed licensee’s statements regarding leak / licensee assured purchaser that leak was historic / Registrar failed to consider evidence of licensee’s knowledge of ongoing leak and failure to disclose until after settlement / purchaser further alleged licensee unduly pressured her into purchase / frequency of phone communications reasonable / Registrar correct to find no evidence of undu…

Consumer law / Consumer Guarantees Act 1993 (CGA) / Respondent worked on Applicant's vehicle / Applicant claimed engine installed by Respondent was not fit for purpose / Applicant claimed $20,823.50 refund of amount paid to Respondent and costs incurred repairing Respondent's work / Held: Technical evidence provided by Applicant was inconclusive / Applicant failed to prove on balance of probabilities that Respondent did not provide its services with reasonable care and skill as required by CGA / Respondent barred by Disputes Tribunal Act 1988 from claiming compensation / Counter-claim dismissed / Claim dismissed.

Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / adviser failed to send draft visa application prior to filing / complainant’s inexperience with English does not justify lack of verification / however, provided adequate information regarding visa category / partial breach of cl1 / did not provide services agreement until after visa approved / significant matters not explained / breaches of cl18a and cl18b / failed to provide timely invoice for services / failed to provide invoice for alleged resettlement purposes / breach of cl22 / fees charged not fair or reasonable / breach of cl20a / failed to provide evidence of licence and advise of responsibilities and complaints procedure / breaches of cl14, cl17a and cl17c / failed to advise of issues raised by INZ / breach of cl26b / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow

Contract / Property Law Act 2007 (‘PLA’) / Applicant was winning bidder at an auction / Applicant had bid $822,000 to buy Respondents' home / Respondents refused to sign sale and purchase agreement / Lawyers became involved / Applicant claimed $8,000 in breach of contract and $6,101.90 for damages / Held: Tribunal had jurisdiction to hear claim / Respondents breached contractual obligation by refusing to sign sale and purchase agreement /  In breach of contract innocent party must be put in same position as if contract had been performed / Applicant spent $6,101.90 on legal fees as result of contract not being signed / Respondent to pay Applicant $6,101.90 / Claim allowed in part.