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1. 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...

2. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

   ...jurisdiction and issues: 2(a) A declaration pursuant to section 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(2) by failing to provide services to the aggrieved person that comply with legal, professional, ethical, and other relevant standards; and 2(b) A final order pursua...

3. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...always in favour of openness.” (citations omitted and emphasis added) [12] More recently, in W we accepted that the starting point must always be publication because this reflects Parliament’s intention in passing the Act to promote and protect consumer interests. [13] Any application for non-publication must be weighed against the public interest in publication. This requires an analysis of the extent to which publication of the proceedings would provide some degree of protecti...

4. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [pdf, 227 KB]

   ...reasonable compensation to the complainant or other person. [30] In determining the appropriate sanction, it is relevant to note the purpose of the Act: 3 Purpose and scheme of Act The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [31] The focus of professional disciplinary proceed...

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

   ...Before the second hearing SH applied to increase the external painting claim to $28,750.00 and to abandon the amount of the claim exceeding $30,000.00. 3. The issues to be determined are: a. What were the terms of the contract? b. Does the Consumer Guarantees Act 1993 (CGA) apply to the build? CI0301_CIV_DCDT_Order Page 2 of 7 c. Was the sewer pump fit for purpose? d. Was reasonable care and skill exercised in providing the painting service and was the outcome fit for pur...

6. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...related to the case. [19] The principle of functus officio provides that a judge’s authority is exhausted after a decision has been delivered, since there must be finality to a proceeding.9 A party cannot seek to vary a judgment, but can seek consequential relief.10 Accordingly, since the main judgment was silent on the matter and the relief was not considered, the Tribunal is not functus officio and retains jurisdiction. 7 Notice of Appeal (7 June 2022) at Step 6. 8 Purchas...

7. Chung & Anor v Yap [2014] NZIACDT 109 (10 October 2014) [pdf, 193 KB]

   ...require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [9.1] 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 ...” [9.2] Demanding minimum standards of conduct: Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) and Taylor v General Medical Council [1990] 2 AC 539; [1990] 2 All ER 263 (PC) discuss t...

8. LCRO 208/2020 & LCRO 214/2020 JA v RR and RR v JA (8 October 2021) [pdf, 233 KB]

   ...addressed the conduct issues and recorded the Committee’s finding that there had been unsatisfactory conduct on the part of Mr RR, and its reasons for reaching that view. The second addressed the orders the Committee considered appropriate to make consequential on its unsatisfactory conduct finding. [3] It is appropriate that both reviews be addressed in this single decision. Background [4] The background to the complaints is comprehensively set out in the Committee’s decis...

9. 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...

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

    ...applies to any information, document or evidence that was subject to a confidentiality order. • The compulsion of information from market participants to investors and the public promotes the confident and informed participation of investors and consumers. The compelled information does not have a high personal privacy value and contributes to a fair, efficient and transparent functioning of financial markets. • We consider that the provisions of the Bill that create a limit on f...