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1. 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...

2. 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...

3. EF v TB [2024] NZDT 617 (12 September 2024) [pdf, 100 KB]

   ...TB agrees, that he had recently stopped all medication that had been prescribed for his medical condition due to weight gain, he had started using weight loss medication, and his only food intake was two soups per week for six weeks. He had also consumed alcohol the night before the accident. 7. A letter from TB’s GP has also been submitted in evidence. Dr M states there was no medical impediment to TB being permitted to drive prior to the crash, however he agreed with the doctors...

4. 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...

5. 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...

6. 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 •...

7. 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

8. 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...

9. AZ v ZT LCRO 100/2013 (6 May 2014) [pdf, 173 KB]

   ...direction. [48] In deciding whether to refer the fees part of Ms ZT’s complaint back to the Committee, it is important to consider the Act’s general purposes of maintaining public confidence in the provision of legal services and protecting consumers of legal services. In addition, Part 7 of the Act envisages that providing for a more responsive regulatory regime in relation to lawyers contributes to achieving the purposes set out in s 3(1). The regulatory regime includes t...

10. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

    ...8. I find that K Ltd had a duty of care under the contract that would be implied by law to manufacture the product in such a manner that did not cause unnecessary loss to X Ltd. This duty was a contractual, rather than a statutory one, as the Consumer Guarantees Act 1993 was lawfully and expressly excluded and did not apply. Nonetheless, a contractual duty arises where it would be so obvious it goes without saying, and necessary to the make the deal work. In these circumstances, I a...