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1. SJ & NY v XT Ltd [2021] NZDT 1644 (6 October 2021) [pdf, 206 KB]

   ...the water charges are for leaks. Is XT Ltd responsible for those leaks? 1. Parties to a contract are bound by the terms and conditions of the contract. The Consumer Guarantees Act 1993 (CGA) implies guarantees into consumer contracts for the protection of consumers. Section 28 provides a guarantee that services will be carried out with reasonable care and skill. 7. Under the contract between the parties the property owners are responsible for paying for water lost as a resul...

2. Factsheet-for-requesting-personal-information [pdf, 185 KB]

   ...under the Official Information Act 1982. Advice for making a request You may need to contact more than one agency to get all the records you need. You may need to show ID, like a passport or New Zealand driver’s license. This is to protect the privacy of the people who the records are about. Give the agency as much information you can – for example, the type of record you’re looking for, and the dates and locations, if you know them. Who should I send the request t...

3. Appeal Against Penalty Olde-Olthof & Anor v REAA CAC 20005 & Anor [2014] NZREADT 37 [pdf, 70 KB]

   ...that the customer can seek expert advice if the customer so chooses.” General Principles [13] We agree with counsel for the Authority that decisions of industry disciplinary tribunals should emphasise the maintenance of high standards and the protection of the public (through both specific and general deterrence). While this may mean that orders made in disciplinary proceedings have a punitive effect, this is not their purpose – Z v CAC [2009] 1 NZLR 1 at [97]. As McGrath J said...

4. Moctezuma v Chase-Seymour [2013] NZIACDT 40 (26 June 2013) [pdf, 152 KB]

   ...Tribunal is required to weigh the public interest against Ms Chase- Seymour’s interests. [59] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [60] A significant factor in this case is that it involves dishonesty...

5. BORA Ngāti Manawa and Ngāti Whare Claims Settlement Bill [pdf, 290 KB]

   ...have those heard according to law in the same way as civil proceedings between individuals. However, both cll 36 and 174 affect the substantive law. Accordingly, in my view they do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. Whether s 19 at issue 9. The Bill provides for the transfer of various assets to claimants and for claimants (and other Maori) to have rights which are not conferred on other people. For example claimants have...

6. BORA Arbitration Amendment Bill [pdf, 358 KB]

   ...disclosed; and (b) The disclosure is no more than what is reasonably required to serve the other considerations referred to in paragraph (a). 8. The rule prohibiting disclosure amounts to a prima facie breach of the right to freedom of expression protected by s 14 of the Bill of Rights Act. 9. While parties must agree to engage in the arbitration process and therefore to be bound by the implied confidentiality term, that agreement is made at a time when it is not possible for the part...

7. BORA Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill [pdf, 271 KB]

   ...BORA rights might be thought to be relevant to the consistency of the Bill with BORA, viz, s 21 BORA (unreasonable search and seizure) and s 23(4) BORA (right to silence of detained person). In my view neither right is triggered. 5. Section 21 BORA protects everyone against unreasonable search and seizure. Unreasonable search and seizure extends to the forcible provision of information. However, s 21 BORA is not a general guarantee of privacy: see the references in the White Paper pp 103...

8. BORA Statutes Amendment Bill [pdf, 382 KB]

   ...• Valuers Act 1948 Ministry of Agriculture and Fisheries • Animal Welfare Act 1999 • Biosecurity Act 1993 • Diary Industry Restructuring Act 2001 • Forests Act 1949 Ministry of Culture and Heritage • Flags, Emblems, and Names Protections Act 1981 Ministry of Economic Development • Commerce Act 1986 • Incorporated Societies Act 1908 • Personal Properties Securities Act 1999 • Radiocommunications Act 1989 • Receiverships Act 1993 • Trade Marks Act 200...

9. BORA Trade (Safeguard Measures) Bill [pdf, 212 KB]

   ...is to enable New Zealand to apply safeguard measures at its border in accordance with the Agreement establishing the World Trade Organisation. Safeguards are temporary measures, usually in the form of a duty, in order to: • a) provide temporary protection to a domestic industry from serious injury caused by increased imports; and • b) facilitate adjustment by a domestic industry to increased competition from increased imports. 4. The Bill: • includes matters that must be consi...

10. BORA Regulatory Systems (Workforce) Amendment Bill (No 2) [pdf, 224 KB]

    ...7. Part 2 amends the Holidays Act 2003 to clarify that penalties for failure to comply with provisions of that Act apply to persons who are involved in the failure to comply as well as employers. 8. Part 3 amends the Parental Leave and Employment Protection Act 1987. It extends the definition of ‘primary carer’ to include a spouse or partner who takes on permanent primary responsibility for the care, development and upbringing of a child under 12 months old, in situations where the b...