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1. [2023] NZEmpC 33 Pyne v Invacare New Zealand Ltd [pdf, 239 KB]

   ...by the parties. These features are consistent with the statutory intention that the Authority is required to dispose of problems and disputes promptly and without undue regard to technicalities. Consequently, when electing a non de novo challenge, careful attention should be given to the issue as to whether any additional information should be before the Court beyond that which is apparent from the determination under challenge. [18] In the present case, the parties required the Court...

2. [2023] NZEmpC 69 Halse v Employment Relations Authority [pdf, 292 KB]

   ...support his argument, Mr Halse also points to s 27 of the New Zealand Bill of Rights Act 1990, whereby people are entitled to apply, in accordance with law, for judicial review of determinations that affect their rights, obligations, or interests protected or recognised by law.20 He claims that s 27 gives him a fundamental right of judicial review of the Authority. [25] The Authority is a tribunal.21 It was named as a respondent pursuant to s 9(3) of the Judicial Review Procedu...

3. Audit-and-monitoring-policy [pdf, 376 KB]

   ...specified legal services. Full audit process Selection of audit site A full audit may be conducted remotely or in person. During a remote audit, the provider sends their files to the auditor for review. The provider and the auditor will take care at all times to ensure files are addressed correctly to prevent a privacy breach. In an in-person audit, the assessment is carried out by the auditor at the provider’s place of work. The Ministry will determine whether a remote or in-...

4. [2021] NZREADT 32 - Tapu ( 22 June 2021) [pdf, 266 KB]

   ...it was a matter of inadequate disclosure or partial disclosure, not non-disclosure. He submitted that a finding of unsatisfactory conduct under s 72(b) (that she breached a provision of the Act or Rules) would adequately meet the consumer-protection purpose of the Act. Discussion Did Ms Tapu breach r 6.4? [44] Licensees are in breach of r 6.4 if they (as relevant to the present case) “withhold information that should … in fairness be provided to a customer or client”....

5. Tawa v Tuaropaki E Trust - Tuaropaki E [2022] Māori Appellate Court MB 377 (2022 APPEAL 377) [pdf, 326 KB]

   ...shares and shareholders supported the variation. It is true also that there is a risk in introducing an element of democracy into trustees' accountability - it might indeed prove something of a distraction to trustees who must be focused on protecting the trust asset come what may. There is also a risk that unfit trustees will be elected. This may indeed introduce instability to the trust and reduce the overall credibility of the organisation as a large player in the Rotorua re...

6. [2022] NZREADT 22 — QQ v REAA (CAC 1902) & NQ (25 October 2022) [pdf, 171 KB]

   ...simpler, speedier, cheaper and more accessible justice than the ordinary courts. It found that the imposition of adverse costs orders should not undermine the important advantages of tribunals over courts. Furthermore, because of the consumer protection focus of the Act, access to the Tribunal should not be unduly deterred. There was a need for a flexible approach. [38] In Kooiman, the Tribunal found that the unsuccessful appellant had participated in good faith and had not delay...

7. Witana v Cutforth - Kohewhata 27C2A [2022] Māori Appellate Court 405 (2022 APPEAL 405) [pdf, 266 KB]

   ...between the appellant and the respondents, who are all trustees of a major trust. [43] It appears to us that the respondents have acted reasonably in this Court. Further, it was reasonably necessary for them to participate in these proceedings to protect the best interests of the beneficiaries of the ORT Trust. [44] The Court has a broad discretion regarding the level of contribution in terms of costs. In assessing the nature and course of the proceedings, the importance of th...

8. Canterbury Earthquake Insurance Tribunal Annual Report 2022 to 2023 [pdf, 629 KB]

   ...Claims resolved Limitations periods under the Consumer Guarantees Act [34] A homeowner bought an application under Consumer Guarantees Act 1993 (CGA). It was argued that the insurer’s duty to provide claims resolution services with reasonable care and skill had been breached when it oversaw defective repairs. The insurer argued that any claim under the CGA needed to be brought within a reasonable period of time, based on Court of Appeal authority. Consideration of what is a reas...

9. LCRO 144/2024 NQ v PW (28 March 2025) [pdf, 187 KB]

   ...decision. [71] Pursuant to s 206(4) of the Act, a Review Officer may direct such publication of his or her decision as the Review Officer considers necessary or desirable in the public interest. “Public interest” engages issues such as consumer protection, public confidence in legal services and the interests and privacy of individuals. [72] Having had regard to the issues raised by this review, I have concluded that it is desirable in the public interest that this decision be publ...

10. E67 Vaughan Smith - Planning - EIC - VHHL [pdf, 1.3 MB]

    BEFORE THE ENVIRONMENT COURT AT AUCKLAND ENV-2018-AKL-000078 UNDER the Resource Mangement Act 1991 IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant A N D AUCKLAND COUNCIL Regulatory Authority STATEMENT OF EVIDENCE OF VAUGHAN SMITH ON BEHALF OF VIADUCT HARBOUR HO