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1. [2021] NZREADT 38 - Feng (29 July 2021) [pdf, 213 KB]

   ...need to be considered before the Tribunal arrives at what it considers is the appropriate penalty. [12] The culpability of the appellants carried out advertising of the property in a way that was inherently misleading. Even without proof that consequential harm was caused to third parties, the advertising on its own amounted to unsatisfactory conduct. Misleading advertising such as occurred here contravenes the objectives of the Act set out in s 3 of the Real Estate Agents Act 20...

2. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...reconnect the chartplotter and the cost of haul out and hardstand fees while this work was completed. The applicant claims she is entitled to this amount because the seller breached the sale and purchase agreement, failed to meet warrantees under the Consumer Guarantees Act 1993, and misrepresented the condition of the vessel. Further the applicant claims she is entitled to recover this amount from WN Ltd because as broker of the sale, WN Ltd breached its obligations to her under the...

3. Statutes-Amendment-Bill_FINAL.pdf [pdf, 1.4 MB]

   ...ment of Conservation Minister of Conservation Amendment Act 1996 Hon Tama Potaka 9. Coroners Act 2006 Ministzy of Justice Minister for Comts Hon Nicole McKee 10. Credit Contracts and Ministzy of Business, Innovation and Minister of Commerce and Consumer Finance Act Em2loyment Consumer Affairs 2003 Hon Andrew Bayly 11. Criminal Investigations Ministzy of Justice Minister of Justice (Bodily Samples) Act Hon Paul Goldsmith 1995 12. Criminal Records Ministzy of Justice Minister of Ju...

4. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

   ...jurisdiction and issues: 2(a) A declaration pursuant to section 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(2) by failing to provide services to the aggrieved person that comply with legal, professional, ethical, and other relevant standards; and 2(b) A final order pursua...

5. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...weatherproofing was not sufficient to protect it from damage and was therefore not reasonably fit for purpose. 19. There is a written contract between the parties which sets out their respective rights and obligations. In addition to the contract the Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts, including that goods are of acceptable quality (s 6-7 CGA), are provided with reasonable care and skill (s 28 CGA) and that services provided are reasonably fit for t...

6. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...to provide information about any action taken on a disciplinary matter in respect of a licensee in the last three years - ss.63-66 of the Act. The effect of this is that a Complaints Assessment Committee finding of unsatisfactory conduct, and any consequential orders made, must be recorded on the public register in relation to the licensee concerned if the finding and orders were made within the past three years. Publication on the register is therefore mandatory unless we make an orde...

7. HN v FH Ltd [2021] NZDT 1576 (16 July 2021) [pdf, 243 KB]

   ...accommodation, $45 filing fee and the remainder in legal costs/ exemplary damages due to the defendant’s intentional breach. 14.HN when presenting his claim included the above causes of action plus he considered that there had been - A breach of the Consumer Guarantees Act as FH had substituted a low end /inferior ferry ‘[Ferry] ‘instead of the high end /Premium vessel [Vessel] which was shown at the time of the ticket purchase. - Negligence as FH claims to have been unable to...

8. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...Positions on Sanctions The Authority [5] The Authority did not make any submissions on sanctions. The Complainant [6] The complainant sought the recovery of all fees and disbursements paid, less what he had already recovered from the Malaysian Consumer Tribunal. He also sought compensation for inconvenience and interest. Mr Yap [7] Mr Yap referred to attempts to settle with the complainant over fees, and the decision of the Malaysian Tribunal for Consumer Claims, which awarded a...

9. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...474, [2016] NZAR 1512 at [23]–[34]. 6 Najib v Real Estate Agents Authority [2016] NZREADT 51 at [22]–[23]. 5 Principles as to the exercise of the Tribunal’s power to restrict publication [22] In the light of the Act’s purposes as to consumer protection and promotion of public confidence, the requirement for a public register, and the fact that Tribunal hearings are in public, there is a presumption in favour of publication. This is consistent with the policy as to public...

10. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

    ...require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) and Taylor v General Medical Council [1990] 2 AC 539; [1990] 2 All ER 263 (PC) discuss...