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1. International Covenant on Civil and Political Rights - summary record 3rd report (continued) [pdf, 40 KB]

   ...CHAIRMAN read out section II of the list of issues, namely: (a) measures taken to reduce the high post-natal mortality among Maori and the effectiveness of those measures in reducing it since consideration of the second periodic report; (b) information on investigations by the Police Complaints Authority of alleged cases of mistreatment of persons or of violation of rules and regulations governing the use of weapons by the police and other forces; (c) clarification of the evidence that was rele...

2. KK v HL [2023] NZDT 290 (20 July 2023) [pdf, 233 KB]

   ...b. If yes, was KK induced to buy the car by that misrepresentation? CI0301_CIV_DCDT_Order Page 2 of 5 c. Is KK entitled to a refund of $5,800.00 or any other amount? Did HL misrepresent the car when he sold it to KK? 11. This was a private sale. HL was not selling this vehicle in trade and therefore none of the consumer protection legislation, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 apply. 12. Section 35 of the Contract and Commercial Law...

3. CU & OU v DX & Ors [2024] NZDT 790 (28 September 2024) [pdf, 205 KB]

   ...PLEASE NOTE: A rehearing will not be granted just because you disagree with the decision. Grounds for Appeal There are very limited grounds for appealing a decision of the Tribunal. Specifically, the Referee conducted the proceedings (or a Tribunal investigator carried out an enquiry) in a way that was unfair and prejudiced the result of the proceedings. This means you consider there was a breach of natural justice, as a result of procedural unfairness that affected the result of the pr...

4. Geary v Accident Compensation Corporation [2013] NZHRRT 34 [pdf, 293 KB]

   ...the Accident Insurance (“Counsellor”) Regulations 1999. This followed legal advice that termination of registration on the basis of complaints of impropriety would be unwise. See the ACC letter dated 29 June 2006 to Mr Mike Flahive, Manager, Investigations, Office of the Privacy Commissioner: The matter was referred to ACC’s Fraud Unit for investigation. A number of concerns were identified about Mr Geary’s behaviour and relationships with some of the claimants he counselled,...

5. [2010] NZEmpC 149 Radius Residential Care Ltd v McLeay [pdf, 71 KB]

   ...determination dated 2 March 2010,1 the Authority found that on 10 January 2008 the plaintiff unjustifiably dismissed the defendant from her position as manager of the Palmerston North branch of the company. The dismissal followed on from an internal investigation into a number of concerns that had been raised with the defendant by the plaintiff between the period of 5 December 2007 and 9 January 2008. The Authority concluded that the plaintiff’s complaints against the defendant...

6. International Covenant on Civil and Political Rights - list of issues 6th report [pdf, 51 KB]

   ...punishment, and rights of non-citizens (arts. 3, 6, 7 and 13) 13. Please provide an update on the legislative, administrative and other measures taken to eliminate all forms of violence against women, including spousal rape, by ensuring, inter alia, prompt investigations, prosecutions of perpetrators and the provision of effective remedies to victims. Please provide statistical data on violence against women, including on: (a) the number of complaints received; (b) the number of cases pro...

7. Canterbury Westland Standards Committee v Taffs Liability [2015] NZLCDT 41 [pdf, 34 KB]

   ...now in place will ensure no repetition. [29] Mr Taffs is absolutely adamant (and there is no evidence to the contrary) that he has never taken fees directly from clients who are legally aided. He has at times represented the same client either privately or on a Legal Aid basis at different times. [30] We accept Mr Upton’s submission that this is not a case of: “… A practitioner deliberately, wilfully and knowingly defying requests by an Inspector. Instead it is more properl...

8. Strengthening Consequences for Crime in the Crimes Act 1961 [pdf, 541 KB]

   ...purchasing of a minor for sexual exploitation, is criminally liable, even without the intent to carry out the offence. While Police are highly unlikely to face public prosecution for offences committed during a covert investigation, they could face private prosecutions from defendants. 52 I propose creating a protection under section 98AA for undercover officers acting in their professional capacity, so that the Attorney-General’s consent is required to bring both 3 For example, the...

9. FU v KT & G Ltd [2023] NZDT 431 (5 September 2023) [pdf, 180 KB]

   ...required to apply an evidential standard, the burden is on the applicant to prove their claim on the balance of probabilities. 6. At the first hearing KT argued that G Ltd did not sell FU the car, he explained that it provided a service under which private sellers were able to advertise their vehicles through the company, but that any resulting sales were direct between the private seller and the purchaser. KT said that this car was sold to FU by a private seller in this manner....

10. KB v ZA [2024] NZDT 524 (16 July 2024) [pdf, 101 KB]

    ...engine, listed for sale at $19,995.00. 4. KB did not provide a copy of his mechanical insurance policy. He stated that he was confident that the policy would cover the issue with this vehicle, up to the policy limit of $7,000.00. 5. This was a private sale. Purchasers have very few potential legal remedies in a private sale. The seller does not have a duty to provide any information to the buyer. The seller does not have to ensure that the vehicle is in good condition. The onus...