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1. MT v P Ltd [2024] NZDT 740 (29 October 2024) [pdf, 203 KB]

   ...legal basis for MT’s claim is the Consumer Guarantees Act 1993. P Ltd is an entity in trade that provides goods and services that are ordinarily acquired for domestic of household use. The CGA states that service providers must exercise reasonable care and skill. The Disputes Tribunal has jurisdiction to hear claims under the CGA. 1 The Tribunal’s jurisdiction in tort is limited to claims for damage to, or loss of, physical property. CI0301_CIV_DCDT_Order Page 2 of 3 9....

2. Justice Statistics data tables - notes and trends June 2019 [pdf, 158 KB]

   ...In 2018/2019, there were 60,587 substantive applications filed in the Family Court. This was similar to the number in 2017/2018 (60,552 applications). The largest number of applications were for 'guardianship' cases, which relate to the Care of Children Act 2004 (excluding Hague) (30%; 17,953 applications), followed by applications for care or protection under the Oranga Tamariki Act 1989 (18%; 10,775 applications) (Figure 6). Figure 6: Guardianship cases had the highest n...

3. Youth Justice Indicators Counting Rules and Limitations June 2024 [pdf, 252 KB]

   ...These updates primarily affected non-court actions against youth. In late 2018 a change was made to how youth offending is recorded in police systems. 1 From 1 July 2019, an application for a declaration that a child or young person is in need of care or protection has been replaced by an application for a care and protection order. 4 Rates/percentages by ethnic group and ethnicity should be interpreted with caution due to increasing proportion of individuals with unknown eth...

4. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

   ...to participate in treatment. 5. The Bill raises a number of concerns with section 11 and section 22 of the Bill of Rights Act. These rights are fundamentally concerned with individual autonomy and dignity. Any limitation on these rights requires careful scrutiny and justification. 6. We consulted with the Crown Law Office during the preparation of this advice. We agree the impairment of an individual’s right to refuse medical treatment is justified under the Bill and that the provisi...

5. Family Court Rewrite Submission - Auckland Coalition for the Safety of Women and Children [pdf, 1.1 MB]

   ...than domestic violence being an exceptional circumstance in the Family Court, a significant number of cases that come to the Court involve allegations of violence, coercion or abuse. It is the Family Court to which victims of violence turn to find protection from violence. The Court’s policies and processes should not add further barriers to adult and child victims obtaining such protection.  We strongly support the reintroduction of Section 61 of COCA – and recommend also reint...

6. BORA Te Tau Ihu Claims Settlement Bill [pdf, 297 KB]

   ...conferred on other people. For example, and in addition to the grant of particular assets and rights to claimant iwi, the redress includes provision such as cl 92(1), which reserves a right of access to certain wāhi tapu to “Māori for whom the protected site is of spiritual, cultural, or historical significance.” While the Bill does, in that respect, make distinctions based in ethnicity and/or family status, those distinctions do not engage s 19(1). 8. Discrimination arises only...

7. [2022] NZIACDT 12 - LS v Murthy (27 May 2022) [pdf, 98 KB]

   ...submissions to the Tribunal prior to the issue of the liability decision. Following that decision, the complainant sent an email on 28 April 2022 stating that if Ms Murthy had guided him properly, he would now be a resident. This was affecting his career. In a further email on 19 May 2022, the complainant said he wanted a refund of the fees paid as he was struggling financially. He provided evidence of having paid her $4,350. Submissions from Ms Murthy [14] Ms Mortimer-Wang...

8. BORA Taxation (Annual Rates for 2015-16, Research and Development, and Remedial Matters) Bill [pdf, 312 KB]

   ...require additional information from an applicant for a formula assessment for child support, so that the power is no longer explicitly to be used to ascertain listed matters. This potentially raises issues regarding the right not to express information protected under section 14 as it could be interpreted as significantly broadening the Commissioner’s power to require personal information from applicants for child support. 7. We do not consider that the amendment significantly broadens...

9. CAC 20006 v Azimi [2014] NZREADT 97 [pdf, 33 KB]

   ...regard to the particular statutory scheme set out in the Real Estate Agents Act 2008 (Act) in CAC v Walker [2011] NZREADT 4: “[17] Section 3(1) of the Act sets out the purpose of legislation. The principal purpose of the Act is “to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work.” One of the ways in which the Act states it achieves this purpose is by...

10. BORA Employment Standards Legislation Bill [pdf, 233 KB]

    ...(‘banning order’); and • creating several infringement offences for breaching obligations to keep employment agreements and produce them on request by a Labour Inspector. 4. Substantive amendments are also made to the Parental Leave and Employment Protection Act 1987 to modernise, improve and expand the parental leave scheme. These measures include extending parental leave entitlements to primary carers other than biological or formal adoptive parents, non-standard workers (such a...