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1. [2022] NZEnvC 001 Wellington Regional Council [pdf, 253 KB]

   ...outlet. [3] The Council had intended to include this text ( or an equivalent) in the PNRP but inadvertently failed to do so. It seeks to address that error by making an application under s 310(e) Resource Management Act 1991 (RMA) and asking for a consequential order under s 293 RMA to include appropriate text in the PNRP. [4] The Council has applied for a declaration determining the location of unmapped river mouths in the PNRP. The declaration sought is: When determining the loc...

2. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

   ...over and above a reasonable tolerance from the estimate. 20. In addition, Mr G’s company was operating “in trade” in supplying services to OF as a car restorer. His work was accordingly subject to the statutory warranties contained in the Consumer Guarantees Act 1993 to provide services with reasonable skill and care (s28), and the obligations set out in the Fair Trading Act 1986 not to mislead (ss9-13). 21. As a rule of thumb, an estimate is considered to have been a misre...

3. Saul v Ramos [2014] NZIACDT 114 (21 October 2014) [pdf, 132 KB]

   ...unprofessional. [21] However, the Tribunal does not award compensation as a matter of routine, as that becomes little more than an additional penalty. Virtually any failure to maintain professional standards results in stress and disappointment for consumers. However, I am satisfied the particular circumstances of this complaint go beyond that. In particular, the service delivery involved lack of care and diligence, and also unprofessional conduct. That put the complainant into a difficul...

4. 2021-05-03 - Minute - PC7 - Territorial Authorities Community Water Supplies.pdf [pdf, 213 KB]

   ...[9]. 6 In particular see Cromwell transcript (Twose) at pp 393-409. 3 that would include allowing consideration of: • water conservation measures to reduce the demand for the taking of water such as leak detection and repair, metering and consumer education; • alternative methods of water supply for uses such as irrigating gardens, reserves and parks through rainwater harvesting and greywater recycling; • water storage at periods of high water availability through t...

5. UU v UX [2019] NZDT 1547 (25 September 2019) [pdf, 153 KB]

   ...condition? c) What remedy, if any, should be granted to UX? Was it a term of the contract that the wheels be in good condition? 4. Since there is no evidence that UX is in the business of selling second-hand goods, UU did not gain the benefit of the consumer protection law that applies to sales by traders. Parts of the Contract and Commercial Law Act 2017 (CCLA) apply, but under CCLA s 137, there is no implied warranty or condition as to quality or fitness for any particular purpose wh...

6. Electoral-Voting-Age-Legislation_FINAL.pdf [pdf, 6.6 MB]

   ...the freedom from discrimination on the basis of age in the NZBORA. I will report back to the Cabinet Legislation Committee with further advice on whether this distinction can be justified when seeking approval to introduce the Bill to next year. Consequential changes 44 Lowering the voting age will require a number of consequential changes. The following changes will apply even if the voting age is only lowered for local elections: 44.1 Enrolment is currently compulsory. Failure...

7. Land Transport (Drug Driving) Amendment Bill [pdf, 202 KB]

   ...if implemented, would be more likely to be make the Bill consistent with the Bill of Rights Act: 4.1 Introducing an infringement offence threshold, below which the presence of a qualifying drug would not be an infringement offence; and 4.2 A consequential amendment to the approval of the oral fluid testing device to include only those devices that are likely to detect the presence of drugs at this infringement offence level. 5. I understand that Cabinet has requested that Minist...

8. BORA Financial Markets (Regulators and KiwiSaver) Bill [pdf, 356 KB]

   ...both as an operator of an exchange, and as maker and enforcer of rules of that exchange. In addition to establishing the FMA, the Bill amends the Securities Act 1978, Securities Markets Act 1988, and the KiwiSaver Act 2006. The Bill also makes consequential amendments to other legislation. Key provisions of the Bill from a Bill of Rights Act perspective include: • general information-gathering and enforcement powers • powers to compel and suppress certain information •...

9. SH v CO & D Ltd & C Ltd & N Ltd [2021] NZDT 1615 (9 August 2021) [pdf, 237 KB]

   CI0301_CIV_DCDT_Order Page 1 of 7 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL District Court [2021] NZDT 1615 APPLICANT SH RESPONDENT CO SECOND RESPONDENT D Limited THIRD OR SUBSEQUENT RESPONDENT C Limited THIRD OR SUBSEQUENT RESPONDENT N Limited The Tribunal orders: 1. C Ltd and CO are jointly and severally to pay SH $15,839.50 on or before Monday 23 August 2021. 2. The claim against

10. Roos v Wang [2010] NZWHT Auckland 10 [pdf, 288 KB]

    ...the particular circumstances. The Court further observed that conduct towards a sophisticated businessman may be less likely to be objectively regarded as capable of misleading or deceiving such a person than similar conduct directed towards a consumer. There must be an assessment of the circumstances in which the conduct occurred and the person likely to be affected by it. 22 [2010] NZSC 20. Page | 30 [79] In AMP v...