Search Results

1. LCRO 76/2024 QM v BY (13 December 2024) [pdf, 240 KB]

   ...arising from QM’s complaint:2 (a) Rule 3: whether BY acted competently and in a timely manner consistent with the terms of his retainer with QM. (b) Rule 5.3: whether BY provided independent and objective advice to QM. (c) Rule 6: whether BY protected and promoted QM’s interests to the exclusion of the interests of others. (d) Rule 9: whether BY charged a fee that was more than fair and reasonable. [27] In dealing with those issues, the Committee held:3 (a) There was no evide...

2. BORA Members of Parliament (Pecuniary Interests) Bill [pdf, 93 KB]

   ...unreasonable search and seizure. In our opinion, the search and seizure powers accorded to the Auditor-General are reasonable in terms of section 21, particularly in light of the objectives of the Bill. The Public Audit also provides the following protections: (a) the circumstances in which the Auditor-General’s search and seizure powers may be invoked are limited to the exercise of his or her functions, duties or powers under the Bill; (b) the powers conferred on the Auditor...

3. BORA Health Practitioners (Replacement of Statutory References to Medical Practitioners) Bill [pdf, 207 KB]

   ...• Mental Health (Compulsory Assessment and Treatment) Act 1992 • Misuse of Drugs Act 1975 Consistency with the Bill of Rights Act Section 21 – Security against unreasonable search and seizure 6. Section 21 of the Bill of Rights Act protects against unreasonable search and seizure. There are two limits to the section 21 right. Section 21 is applicable only in respect of those activities that constitute a "search or seizure", and protects only against those search...

4. Media Protocol 2017 - Youth Courts [pdf, 129 KB]

   ...suppression of these details as they are automatically suppressed. A Judge can never approve publication of these details. These details include: a. The name of the child or young person or the names of the parents or guardians or any person having care of the child or young person. b. The name of any school the child or young person is or was attending. c. Any other name or particulars likely to lead to the identification of the child or young person or of any school that the...

5. 2019 Youth Court Protocol [pdf, 150 KB]

   ...suppression of these details as they are automatically suppressed. A Judge can never approve publication of these details. These details include: a. The name of the child or young person or the names of the parents or guardians or any person having care of the child or young person. b. The name of any school the child or young person is or was attending. c. Any other name or particulars likely to lead to the identification of the child or young person or of any school that the ch...

6. AER & AES v ZVD Ltd & ZVC [2013] NZDT 259 (8 August 2013) [pdf, 70 KB]

   ...covered at both addresses. Are AER and AES entitled to compensation and if so how much? [17] The Consumer Guarantees Act 1993 applies to the relationship between AER, AES and ZVC. ZVC is required to carry out his service with reasonable care and skill. [18] I find that the incorrect advice given to AER is a breach of the guarantee as to reasonable care and skill. AER was entitled to rely on ZVC’s advice as being accurate, as he is the person familiar with the product....

7. EI v CT [2021] NZDT 1703 (24 June 2021) [pdf, 104 KB]

   ...implies minimum standards (guarantees) for goods and services supplied in trade to consumers and provides a scheme of remedies when those guarantees are breached. Section 28 CGA requires services, such as those provided here, be provided with reasonable care and skill; s 29 CGA says services must be fit for any particular purpose advised by the consumer. CI0301_CIV_DCDT_Order Page 2 of 4 7. I make two findings: a. I find EI breached the contract as the plan provided was not prepare...

8. J Ltd v HH & KH [2023] NZDT 665 (28 September 2023) [pdf, 185 KB]

   ...themselves and have only paid $700.00 towards the invoice. 2. J Ltd claims the sum of $1500.00 for the balance of its invoice. 3. The issues to be determined are as follows: a. Was the cleaning fit for purpose and carried out with reasonable care and skill? b. If not, what remedy are HH and KH entitled to under the CGA? Was the cleaning fit for purpose and carried out with reasonable care and skill? 4. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer co...

9. LN v SU & Ors [2024] NZDT 376 (5 March 2024) [pdf, 189 KB]

   ...of the respondents are liable under the contract? Was the work carried out with reasonable care and skill? CI0301_CIV_DCDT_Order Page 2 of 4 5. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 of the CGA provides a guarantee that services will be carried out with reasonable care and skill. 6. SU quoted for and carried out repair work on the shower. However, a few months later LN discovered that...

10. BORA Health (Protection) Amendment Bill [pdf, 304 KB]

    Health (Protection) Amendment Bill 25 July 2014 Hon Christopher Finlayson QC, Attorney-General Legal Advice Consistency with the New Zealand Bill of Rights Act 1990: Health (Protection) Amendment Bill Purpose 1. We have considered whether the Health (Protection) Amendment Bill (PCO 17831/3.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). 2. We have concluded that the Bill appears...