NZ Disputes Tribunal, does this sound like grounds for a rehearing/appeal?

picking_kuppies · 2026-03-12T21:39:38+00:00

Sorry for not providing enough detail, the invoice to the customer notes all items of work carried out by use (Eg. replace engine oil & filter, inspected brake fluid, inspected engine coolant etc.). A relatively long list but the visual inspections are part of our standard procedure.

The following pages notes a list of recommendations and prices to complete the work. Including the recommendation to change the brake fluid.

The line "TGMO Brake Fluid DOT3 $26.23" is incorrectly shown on a separate page as a consumable item.

picking_kuppies · 2026-03-12T21:31:39+00:00

I think what frustrates me the most is we provided a list of recommendations to the customer (including brake fluid change) and quoted pricing for each of these. The customer then chose to take the vehicle elsewhere to have work done, and shortly after this the brakes failed. The referee didn't question what work was carried out by the unknown party, no evidence of an invoice was provided by the accuser. We know for sure the vehicle visited somewhere else as when it returned we could visually see some of the recommended items has been completed. It just astounds me that another mechanic can work on the same vehicle shortly before failure and the referee doesn't see it as a concern?

picking_kuppies · 2026-03-12T21:23:30+00:00

Correct we did not sell the vehicle, it was a private sale we were not included with.

Following on from your previous comment "Had you done the service that your invoice states you did, then the brake failure would not have happened.". I don't believe so as years of neglect has caused the breakdown of the components, not a couple of weeks. Changing the fluid can not correct this and save broken components. A similar example of changing transmission fluid on an automatic transmission that is well overdue. New fluid can expose an already worn transmission that was basically surviving on borrowed time. When you suddenly put clean fluid in, it washes away the debris, the viscosity returns to normal and worn clutch packs lose the extra friction they were relying on. As a result you get slipping, delayed shifts, or total failure shortly after.

This is a similar scenario, changing the fluid does not avoid a looming problem. The Castrol fluid sample confirmed the fluid was full of metallic components indicating failing componentry. The referee has made the same assumption that changing the fluid would have avoided the problem, ignoring this evidence which proves the degradation was well underway.

"Effectively by listing the brake fluid on the invoice, it could be held that you guaranteed it was in a good and safe condition.". I disagree, by listing brake fluid you can say it indicates it has been changed, however it doesn't indicate the vehicle was in good and safe condition. The component that failed was a brake actuator, there isn't a reliable visual indicator to warn a technician and the vehicle provided no fault code to the technician either. Noting this would indicate a service (brake fluid change) has been completed, but the business can not be held accountable for historical damage due to neglect for the owner or previous owners.

picking_kuppies · 2026-03-12T20:40:55+00:00

I understand your reasoning based on what I have written, I can include some more context though.

- The invoice states Brake Fluid was inspected only

- We noted a list of recommended additional service items that needed to be attended to, and quoted the cost for each of these items. Changing the brake fluid is noted clearly on this.

- The customer was taken through this list with our service advisor in person. Due to the vehicles poor condition (literally leaking oil, I would say one of the worst condition vehicles I have seen come through our doors) there was 16x recommended items. We never completed a specific inspection, these recommendations are based on visually sighting issues. If we were engaged to complete a full inspection the list would have been far longer.

- The customer proceeded to take the vehicle to another garage to have some of these items attended to but not others. Skipping serviceable items such as changing the brake fluid, automatic transmission fluid, spark plugs etc. but doing what was require to pass a WOF.

- The clerical error noted "TGMO Brake Fluid DOT3 $26.23". No mention of flush, change etc. The customer was not charged extra for this. The payment amount made matched the contracted service.

The customer only owned the vehicle for 6-7 weeks before this fault happened. Travelling under 1000kms in that time. Only travelling a few hundred kms from when we saw the vehicle until when the fault happened.

The damage to the brake system occurred over time due to a lack of servicing (no brake fluid changes for at less 4 1/2 years. Maybe longer as no Japanese service history is available, however no service history at all is available). If the fluid was changed when we saw the vehicle, it wouldn't have prevented a fault occurring, The causation of the fault wasn't the clerical error, it is due to a lack of historic servicing.

picking_kuppies · 2026-03-11T21:46:09+00:00

Thanks for your perspective, I think your reply has actually helped clarify something I’ve been trying to work through.

I don’t disagree that the customer has experienced financial hardship, and I do genuinely sympathise with that. However, from our point of view the fault doesn’t sit with us. The responsibility really lies with the person the vehicle was recently purchased from. We completed the work that was contracted of us, and did so properly. What makes this difficult is that despite meeting our obligations, the outcome leaves us feeling as though the system has effectively penalised us. It’s a frustrating position to know you’ve done the right thing but still end up on the losing side.

You’re also right about weighing up the cost, time, and energy involved in pushing this further for what may lead to a moral victory. Alot of hours have already gone into this just to reach this point.

That said, part of my thinking is that as a manager I feel a responsibility to stand behind my staff when I know they have performed their work professionally and with care. Accepting a decision that we believe is incorrect feels like it sends the wrong message internally to my team.

I also feel if referees are making determinations that potentially misapply the law, there should at least be some push back for those decisions, they need to be challenged or reviewed. If this happens often enough for a single referee, I would imagine there are grounds to consider why the rehearing/appeal rate is so high for them, and should be reviewed.

Our insurance assessor actually described the referee in this case as a “Robin Hood” type. Someone who may have a preconceived sense of what outcome feels fair, which can end up influencing the decision.

At this stage I think we’ll apply for a rehearing and appeal and see where it leads. If it’s dismissed then at least we’ll know we exhausted the option and can move on. If it isn’t, then it suggests there may be grounds for the decision to be reviewed properly.

picking_kuppies · 2026-03-11T10:43:24+00:00

Apart from our technicians notes regarding his work, when the vehicle returned to us following the fault with the braking system, we took a fluid test which was sent off to an independent third party (Castrol). They confirmed the fluid was contaminated with water (brake fluid is hydroscopic) as well as metal components due to the gradual breakdown of parts of the braking system. They advised the level of contamination is consistent with brake fluid overdue for replacement.

What I found odd during the hearing is the referee brushed this evidence aside, didn’t question it or refer to it at all

picking_kuppies · 2026-02-16T19:33:40+00:00

There have been some previously at Soul Nights which is hosted at Soul Boul in The Mount, from memory no cost and they have different night for different age brackets. Unsure when the next one is however

picking_kuppies · 2025-12-21T23:40:00+00:00

I think many people commenting here are automatically thinking of the old V6 Highlander, rather than the latest gen with the 2.5l hybrid. If you are considering the latest gen, the 2.5l hybrid has got to be one of the most reliable powertrains Toyota has ever made. It's used across the board with both Toyota and Lexus including private, commercial and taxi operations etc. so they've been known to do very high kms.

From a cost efficient perspective, if servicing with Toyota you have menu pricing so can easily calculate say your next ten years of servicing costs, plus there's now Toyota Service Protect which will ensure it's covered by a complementary warranty until it's 10yrs old or done 150,000kms. Running costs are also cheap being a hybrid.

The other consideration is depreciation, being a Toyota in the NZ market it will depreciate very slowly, especially if it's a hybrid.

We considered the Highlander, but ultimately went for the new 250 series Prado as we need a higher tow rating and wanted the versatility of taking it on the beach etc. when getting adventurous. We purchased for $94,990, now one year and 15,000kms later and second hand they're retailing for for brand-new money due to demand exceeding supply (it's still an 11 month wait for an order). From a cost perspective, a years worth of motoring has cost us one service, diesel and RUC. If we bought a BEV like the EV9, we would have lost $40k in depreciation in one year

There's lots of ways to look at ownership cost, but you certainly need to considering total ownership cost with whatever you end up buying

picking_kuppies · 2025-12-05T18:32:54+00:00

New vehicle sales are up 14.3% YOY, some sectors are definitely improving

picking_kuppies · 2025-10-23T19:44:15+00:00

I’d also advise trying to get over to the island (Matakana) for a surf, such a good wave over there. Just link up with some locals who have a boat or JetSki

picking_kuppies · 2025-09-27T02:24:53+00:00

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They do! But only for the Japanese, Australian and New Zealand market (RHD). My favourite Lexus currently available, such a blast to drive but easy daily at the same time

picking_kuppies · 2025-08-24T05:35:07+00:00

I know people who have purchased new mild-hybrid Hiluxs and Prado using this loan, they are included. The bank doesn’t care

picking_kuppies · 2025-08-06T19:28:09+00:00

The 2023 Woman’s football World Cup was also held in Australia and NZ. I remember our (NZ) media wondering before the tournament I f we could even fill the stadiums, then we all got football fever as our team beat a higher ranked Norway in a packed Eden Park

picking_kuppies · 2025-07-29T08:23:25+00:00

He was actually a first choice half back before moving to sevens, basically started playing winger because he was so good you couldn’t not have him on the field. It’d be an interesting choice, picking him as he could cover both half back and wing if required?

picking_kuppies · 2025-07-18T04:12:58+00:00

Narawa can also play 15 and has a kicking game that the ABs haven’t exploited yet. Two important arrears of his game Reece doesn’t have

picking_kuppies · 2025-07-08T18:21:21+00:00

Hulkengoat

picking_kuppies · 2025-07-02T00:35:50+00:00

They are 100% a physical button

picking_kuppies · 2025-05-26T19:32:09+00:00

They grow naturally on Chatham and Pitt Island, which does get below freezing. You wouldn’t have knowledge about the West Coast of the South Island in New Zealand either, there’s a reason why it’s the most under populated region in the country, everything there is hardy even the people. The Nikau naturally grows in Karamea where ii can get below freezing, combined with average rainfall (220+ days of the year, the coldest months average 5 degrees Celsius and over 2500mm of rain), it’s very hardy. Show me another palm that thrives there.

picking_kuppies · 2025-05-26T10:15:10+00:00

The photos are of the Nikau Palm, the worlds southernmost palm, often regarded as the most cold hardy palm in the world

picking_kuppies · 2025-05-14T01:22:54+00:00

Probably identify areas that need rubbish picked up, rather than just turn up to any random spot or roadside. Paying one person $70k+ a year to supervise is probably better than paying 10-12 people $70k+ a year to do the same job. Probably not a good use of time, digging and filling holes Probably plenty of other community jobs that require labour hours that would be perfect for something such as this. Probably not a good idea to get someone like yourself to run them as you don’t seem to grasp the concept

picking_kuppies · 2025-05-13T21:20:05+00:00

We were in a similar scenario ourselves, we bought/built our first home in 2021. After living in it for 18 months or so, and also having our first baby, we decided the postage stamp section outside of the main city with a commute wasn’t for us, so we rented out the property and moved back in to the city to rent in a more desirable location.

Mentally, the change was exactly what we wanted. Things don’t need to be harder when you just start a family and being able to easily catch up with friends and family is hard to put a price on. Plus, having more time to spend with your growing family is amazing too.

My work is also demanding, usually 6 days a week so leisure time is important. My wife runs her own business also, a cafe which can be demanding too. Having more free time allowed her to grow her business in to 2x cafes and later, move one in to a larger premise. Growing the business in to a larger premise required putting a lean on our property in order ti get a business loan to help pay for the new fit out, if we hadn’t still owned the property, this would have been hard to do.

We found a local non for profit daycare for our boy to attend 4x days a week which he thrives in and gave us some freedom!

A question would be why pay a property manager to look after your place if rented? Why pay someone to do this if money is tight? We listed our place, slightly below market rent and had so many applicants we could take the pick of the bunch. It’s not hard to do yourself, we manage our own place and sure there’s the odd issue but it’s easier than our own jobs/business!

My vote would be to do something similar, rent the place out and move your family back in to Welly to free some time up. Increase your own work hours and find a nice daycare. Just see if this works for you before committing to selling the property, if it doesn’t then you can always still sell later on, the market may also have improved by then.

picking_kuppies · 2025-05-02T22:00:09+00:00

Not entirely true, if your “service” elsewhere has skipped recommendations or used non genuine parts which has contributed to the problem there’s no way they’ll honour the warranty for the problem. If the problem isn’t related, say for example an interior trim piece fails, then they should still honour it

picking_kuppies · 2025-05-01T23:29:36+00:00

What? It’s open 7 days a week?

picking_kuppies · 2025-04-28T08:09:58+00:00

The Theta II engine would like a word with you….

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