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1. Health & Disability Commissioner Act 1994

   ...quantum – discretion to grant remedy – Human Rights Act 1993, s 92M – Privacy Act 1993, s 88 – Health and Disability Commissioner Act 1994, s 57 Marshall v IDEA Services Ltd (HDC Act) [2020] NZHRRT 9 Disability Services Provider – client in care of community home – care falling short of expected standard – failure to provide services with reasonable care and skill – failure to provide services that minimised potential harm and optimised quality of life – failure to provide l...

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2. Family Court Rewrite Submission - Portia Law [pdf, 443 KB]

   ...access to legal advice such as rights and responsibilities and the s5 principles relating to children’s welfare and best interests. This also acts as a ‘triaging point’ from which further services can be accessed e.g. a recommendation to obtain a protection order. The gap in service provision arises from the restrictions under s7A of the Care of Children Act and the requirement in the Legal Services Act 2011 (“LSA”) for there to be jurisdiction to act under s7A before legal ai...

3. TH v BC [2024] NZDT 141 (16 April 2024) [pdf, 215 KB]

   ...the collision? (g) If so, was there damage caused to TH’s car? (h) If so, what is the remedy? What is the legal framework? 3. The relevant law is the law of negligence. Negligence concerns the duties that one person owes another to take care. The standard of care required is that of a reasonable prudent driver. Drivers must take care not to drive in a manner that causes damage to another vehicle. 4. When one person breaches their duty of care on the road, causing damage to anot...

4. H Ltd v HF & OF [2022] NZDT 217 (16 November 2022) [pdf, 208 KB]

   ...claims for the invoice including interest provided for in the second agreement and costs relating to the preparation and hearing time in the Disputes Tribunal. 5. The respondents claim that H Ltd failed to provide their services with reasonable care and skill and that they should be awarded damages for the difference in the initial estimate provided by H Ltd and the ultimate estimate that H Ltd agreed upon in the Court hearing. Further, the respondents claim for stress and anxiety as a...

5. BORA Major Events Management Bill [pdf, 330 KB]

   ...we considered potential issues of inconsistency with the right to freedom of expression (s 14), the right to be secure against unreasonable search and seizure (s 21), the right to be presumed innocent until proved guilty (s 25(c)) and the right to protection against double jeopardy (s 26(2)). What the Bill does 3. Under the Bill appropriate events may be declared to be major events for the purposes of the Act. Representations that suggest persons, brands, goods, or services have an as...

6. Chaiyapoom v Hu [2015] NZIACDT 11 (26 February 2015) [pdf, 127 KB]

   ...services. That is what occurred to the complainant, for whom English is a second language. Mr Hu’s lax management of his practice allowed that to occur and he has failed to accept his responsibility for it. [9] The complainant was entitled to the protection the Act envisions. I have found Mr Hu was responsible for the fact the complainant did not receive the protection the Act intended as he failed to properly manage an unlicensed person whom he had authorised to operate within his pr...

7. Rao v Singh [2012] NZIACDT 81 (18 October 2012) [pdf, 90 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned.” [16] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [16.1] 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 ...” [16.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

8. BORA Copyright (Infringing File Sharing) Amendment Bill [pdf, 294 KB]

   ...out in the Bill is the product of significant consultation between copyright owners, ISPs and civil society and represents a balancing of the rights of all the parties. 11. We consider that there is a rational and proportionate connection between protecting the copyright in digital works and the regime set out in the Bill The proposal is therefore justified in terms of s 5 of the Bill of Rights Act. CONSISTENCY WITH SECTION 27(1) OF THE BILL OF RIGHTS ACT 12. Section 27(1) of the Bil...

9. [2021] NZEnvC 068 Eden Epsom Residential Protection Society Incorporated v Auckland Council [pdf, 482 KB]

   ...Decision [2021] NZEnvC 068 the Resource Management Act 1991 an appeal under clause 14(1) of Schedule 1 of the Resource Management Act 1991 against a decision on Proposed Plan Change 21 to the Auckland Unitary Plan EDEN EPSOM RESIDENTIAL PROTECTION SOCIETY INCORPORATED (ENV-2020-AKL-079) Appellant AUCKLAND COUNCIL Respondent SOUTHERN CROSS HOSPITALS LIMITED Requestor KA.INGA ORA- HOMES AND COMMUNITIES s274 Party TUPUNA MAUN GA O TAMAI<:I MAKAURAU AUTHORITY...

10. Appendix-M3-NZEAN-Legislation-Changes-Requests-.pdf [pdf, 181 KB]

    ...and (b) may be used by some or all of the following persons at the same time: (i) pedestrians: (ii) cyclists: (iii) riders of mobility devices: (iv) riders of wheeled recreational devices. (2) A person using the path— (a) must use it in a careful and considerate manner; and (b) must not use it in a manner that constitutes a hazard to other persons using it. (3) A rider of a cycle, mobility device, or wheeled recreational device on the path must not operate the cycle or device at a...