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1. 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...

2. 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...

3. Land Transport (Drug Driving) Amendment Bill [pdf, 202 KB]

   ...7. The current approach to roadside drug testing is through a compulsory impairment test (‘CIT’). This is a type of behavioural test that an officer may require a person to take if the officer has good cause to suspect that the person has consumed a drug or drugs. The test involves an eye, walk and turn, and one-leg-stand assessment. If a person fails the CIT, they may be required to provide a blood specimen. 8. The testing device and the manner in which the test is to be carr...

4. OIA-103056.pdf [pdf, 7.3 MB]

   ...never knowingly send a virus via email, it is the receiver's responsibility to scan all communication and any files attached for computer viruses and other defects. Fujitsu does not accept liability for any loss or damage (whether direct, indirect, consequential, or economic), however caused, and whether caused by negligence or otherwise, that may result directly or indirectly from this communication or any files attached. If you do not want to receive commercial and/or marketing email me...

5. [2021] NZREADT 38 - Feng (29 July 2021) [pdf, 213 KB]

   ...need to be considered before the Tribunal arrives at what it considers is the appropriate penalty. [12] The culpability of the appellants carried out advertising of the property in a way that was inherently misleading. Even without proof that consequential harm was caused to third parties, the advertising on its own amounted to unsatisfactory conduct. Misleading advertising such as occurred here contravenes the objectives of the Act set out in s 3 of the Real Estate Agents Act 20...

6. BT & Q Ltd v U Ltd [2024] NZDT 550 (8 August 2024) [pdf, 182 KB]

   ...parties, whether the parties have acted in good faith, and whether there was any unfair pressure. Apart from the issue of good faith, none of the listed factors are particularly relevant to this case. 8. BT alleges racial discrimination and consequential humiliation. U Ltd says the decision was made for commercial reasons and it included in its written response a previously reported incident of worker exploitation involving BT (which he believes is irrelevant). 9. There is no...

7. BT v U Ltd [2025] NZDT 15 (10 March 2025) [pdf, 215 KB]

   ...BT explained that he has suffered from mental stress and anxiety over a 10-month period due to the failure of U Ltd to address issues of concern in the home and wants compensation of $7,500.00 awarded. 24. Mr K says the build has been very time consuming and stressful for him and has soaked up an unusually large amount of time compared to the adjacent units. 25. I acknowledge both parties have found this build stressful for a variety of reasons. 26. I find that there are no prov...

8. Regulatory Impact Statement increasing maximum claims level in disputes tribunals [pdf, 506 KB]

   ...rehearing is appropriate, there should only be one, unless a referee determines that the interests of justice warrant more than one. Implementation 31. Most of the proposals in this paper require amending the Disputes Tribunals Act 1988. Consequential amendments will be needed to the Consumer Guarantees Act 1993, Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, Fencing Act 1978, Minors’ Contracts Act 1969, and the Retirement Villages Act 2003. Conseque...

9. Regulatory Impact Statement: Increasing the maximum claim level in Disputes Tribunals [pdf, 537 KB]

   ...rehearing is appropriate, there should only be one, unless a referee determines that the interests of justice warrant more than one. Implementation 31. Most of the proposals in this paper require amending the Disputes Tribunals Act 1988. Consequential amendments will be needed to the Consumer Guarantees Act 1993, Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, Fencing Act 1978, Minors’ Contracts Act 1969, and the Retirement Villages Act 2003. Conseque...

10. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

    ...Century 21 was the sole listing agency. 4.2 The Committee accepts that it is difficult balancing the rights of the bereaved against those of prospective purchasers. However, given the purpose of the Act is to promote and protect the interests of consumers and promote public confidence in the performance of real estate agency work, the Committee is of the view that disclosure of such matters should be standard industry practice. 4.3 The Committee finds that the agency was incorrect...