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1. Appendix One to Cabinet Paper Reforming the Privacy Act 1993 [pdf, 378 KB]

   ...it is timely to issue a code of practice or guidance covering Transferred to the Privacy biometrics Commissioner for consideration. 116 The Marketing Association’s Do Not Call register should be put on a statutory footing under the reformed consumer legislation and the Ministry of Consumer Affairs should initiate the necessary policy work to progress this initiative This recommendation was considered by Cabinet in the context of the Consumer Law Reform Bill (EGI Min (12) 16/5)....

2. LCRO 57/2014 IW v PP [pdf, 279 KB]

   ...while also explicitly stating that fees would not exceed a certain figure. [57] The Committee concluded that the wording was "at best, unclear and inconsistent" and that in those circumstances “a lawyer should err in favour of the consumer’s, his client’s, view”.5 Mr IW’s conduct [58] As a preliminary issue, the Committee dealt with the issue of whether or not a complaint had been made about Mr IW, having regard to Mr PP’s statement that “he did not wish t...

3. Pio v Accident Compensation Corporation (Weekly Compensation) [2023] NZACC 142 [pdf, 303 KB]

   ...Corporation’s position is that the relevant date of injury was 21 March 2014 when bilateral carpal tunnel syndrome was first diagnosed and was caused by Mr Pio’s working in a mussel factory. The laceration of the nerve was a treatment injury consequential on the covered injury caused by the accident on 21 March 2014. The first operation was on 20 November 2015, which was the date of the injury by laceration to the palmar cutaneous branch of the left median nerve (the treatment...

4. Domb v REAA Registrar [2014] NZREADT 5 [pdf, 150 KB]

   ...applicant and for other real estate agents. [5] It is put by Mr Clancy that this case concerns the Registrar’s ability to make properly informed decisions about the fitness and propriety of an applicant for a licence, and that this is no less than consumers and industry members would reasonably expect. [6] Mr Clancy submits that the Registrar has not sought consent to disclosure of information beyond the scope of that which is permitted under the statutory scheme; that the stat...

5. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...against the licensee. If the licensee was a salesperson under the former regime, then the CAC cannot make any orders against the licensee. Publication Provisions [28] The purpose of the 2008 Act is to promote and protect the interests of consumers in respect of transactions which relate to real estate and to promote public confidence in the performance of real estate agency work. The Act aims to achieve its purpose by regulating licensees, raising industry standards, and providi...

6. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

   ...that even mature and experienced vendors will trust their agent. It is important that the agent act in an independent and professional manner and that the overall objectives of the vendors are paramount. The agent's desire for a sale, with consequential commission to the agent, must not become influencing factors in the advice from the agent, as a fiduciary, to his or her principal.” [12] Managing transaction "chains", i.e. where clients’ decision to buy or sell one...

7. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...Ms Khetarpal for two reasons: [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Se...

8. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...two reasons: 7 [30.1] First, she was not an unskilled migrant completing her own EOI; she was a licensed professional who is required to have a complete and nuanced understanding of residence instructions and offered those skills to consumers in return for payment. It is a matter of concern that, even now, she appears to seek to justify her conduct by the standard applied to a well meaning but unknowledgeable person acting on their own behalf, without training. [30.2] Seco...

9. Emery v REAA CAC 20002 & Anor [2014] NZREADT 33 [pdf, 75 KB]

   ...Committee’s core finding of unsatisfactory conduct was correct, irrespective of whether the licensee, or Mr Marshall, admitted that the property was mistakenly advertised in the incorrect price bracket. [42] Mr McCoubrey notes that the Act is consumer protection legislation which is made clear in s.3 of the Act which reads: “3 Purpose of Act (1) The purpose of this Act is to promote and protect the interests of consumers in respect of transactions that relate to real estate and t...

10. Complaints Assessment Committee (CAC 403) v Licensee B [2017] NZREADT 1 [pdf, 267 KB]

    ...2014.” She submitted that analysis of those statements had to be weighed against Ms A’s decision to continue working with the defendant. She also submitted that Ms A’s allegations of statements and conduct after that time were baseless or consequential. [44] Ms A did not accept that the ‘line in the sand” represented the end of the conduct she had complained about. Rather, when the point was put to her in cross- examination, Ms A’s response was that it was the “midd...