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1. Canterbury Westland Standards Committee 2 v A Practitioner [2020] NZLCDT 32 (13 October 2020) [pdf, 117 KB]

   ...charges to be finally resolved, the matter came before the Tribunal on 23 July 2020. [2] Although his job was made very difficult by the circumstances, counsel for the Standards Committee, Mr van Schreven, is to be commended for the sensitive and humane way with which he has been prepared to not only deal with the delays, but also to accommodate the changes in this practitioner as his [redacted] health improved. The practitioner was eventually able to participate in a productive dialo...

2. QD v L Ltd [2023] NZDT 551 (19 September 2023) [pdf, 198 KB]

   ...actual knowledge of the consumer’s purpose (because it is a common purpose) there is no need for an express notification of the consumer’s expectation that the service will be fit for that common purpose. 13. Where the failure is independent of human control, the consumer has no right of redress (s 33 CGA). Was L Ltd entitled to cancel the contract? 14. L Ltd says it fulfilled its obligations under the contract when it cancelled the booking. It says conditions 6.1, 14.1 and 15....

3. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...[57] Section 50 contemplates a complaint being upheld without necessarily imposing a sanction. It follows that it is not necessary to find that a disciplinary sanction should be imposed to uphold a complaint. Not every lapse or manifestation of human frailty should result in an adverse professional disciplinary finding. There will be occasions when advisers are responsible for a lapse from acceptable standards, but that still does not justify upholding a disciplinary complaint. [58...

4. 2022-03-22 Willowridge Developments Ltd & Remarkables Park Ltd - Supplementary Evidence - Claire Hunter - 22 March 2022 [pdf, 477 KB]

   ...including cumulative effects, and consideration of trends in the quality of the receiving water body; and (e) Any adverse effect of any discharge from the site on: i. Kāi Tahu cultural and spiritual beliefs, values and uses ii. Any natural or human use value iii. Use of water bodies or the coastal marine area12 for contact recreation and food gathering and measures to avoid, remedy or mitigate these adverse effects. 12 Bec...

5. Chief Victims Advisor to Government Briefing for the Incoming Minister of Justice November 2020 [pdf, 279 KB]

   ...other ministries and regulatory bodies • NGOs, independent victim advocates, and victim focussed academics • independent Commissions and Commissioners such as the Ombudsman, Privacy Commissioner, the Independent Police Conduct Authority, the Human Rights Commission, the Children’s Commission, and Health and Disabilities Commission • the legal profession • the judiciary • international victim experts (for example the United Kingdom and Australian Victims Commissione...

6. TB v DF Ltd [2020] NZDT 1370 (9 October 2020) [pdf, 227 KB]

   ...not meet the required standard…, [DF Ltd] is not responsible for that if it was outside of its control. The [CGA] provides that [DF Ltd] is not responsible for any redress where a service is not fit for purpose because of a cause independent of human control.” 19. What DF Ltd is referring to is section 33 of the CGA which says (in part) that the consumer cannot make a claim for breach of the fitness for purpose guarantee where that guarantee was breached for reasons beyond the con...

7. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...asserting they were ill-founded. Initially, the challenge was opposed, but in the process of filing submissions for the purpose of the disclosure challenge, MIT provided further documents. MIT’s current position is laid out in an affidavit of its Human Resources Business Partnering Manager, Ms Carolyn Pene. [6] The issues which remain are whether further disclosure by MIT would give rise to a disproportionate burden, and whether the documents sought are in fact relevant. I a...

8. Regulatory Impact Statement: Order of Inquiries to determine fitness to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003 [pdf, 600 KB]

   ...subsequently dealing with unfit defendants. This meant that a person could be found unfit to stand trial and placed into secure care, even though that person had not committed the alleged offence. We consider this possible outcome to unacceptably limit human rights, natural justice and procedural fairness. 18. Not prescribing the order of the two inquiries was also considered infeasible. A variable approach would undermine procedural fairness and the certainty and consistency o...

9. [2015] NZEmpC 25 PRI Flight Catering Ltd v Saha [pdf, 117 KB]

   ...of legal rights and obligations. Given such intention, it is sometimes unnecessary, even inappropriate, for parties to be accompanied by lawyers at mediation, especially if legal advice is readily available, for example by telephone. However, human nature being what it is, parties are frequently ‘lawyered up’ (as it is sometimes described colloquially) for mediations and the Court must take account of that reality. Good representation sometimes enables a just settlement to be...

10. ORC outline conditions for surface water takes [pdf, 176 KB]

    ...consent. Advice Note X: Water Testing for Drinking Water Use It is the responsibility of the consent holder to ensure that the water abstracted under this resource consent is of suitable quality for its intended use. Where water is to be used for human consumption, the consent holder should have the water tested prior to use and should discuss the water testing and treatment requirements with a representative of the Ministry of Health and should consider the following Drinking Water...