Search Results

1. 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...

2. [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...

3. 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...

4. 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...

5. 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...

6. 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...

7. 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...

8. 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...

9. [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...

10. 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...