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1. Privacy Bill - additional policy decisions [pdf, 304 KB]

   ...OIA). They cited recent examples where this has led to the same complaint having to be dealt with three times, once under each regime. Another issue for both broadcasters is that the exception risks creating a ‘chilling’ effect in respect of investigative journalism, because the subject of an investigation is able to use the Act to request information about themselves while the investigation is ongoing, thereby frustrating its progress. 29. In my view, this situation is outdate...

2. LCRO 122/2018 ZQ v VX (30 October 2018) [pdf, 274 KB]

   ...Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that purpose all the powers of a Standards Committee or an investigator and seek and receive evidence. These powers extend to “any review” … … the power of review is much broader t...

3. Badillo-Lopez v Uber New Zealand (Strike-Out Application) [2019] NZHRRT 18 [pdf, 232 KB]

   ...25 April 2016, Mr Badillo-Lopez emailed Uber New Zealand and requested all information it held about him. Later, he made a complaint to the Office of the Privacy Commissioner (OPC) against Uber New Zealand. On 10 November 2016, a Certificate of Investigation was issued which records that the OPC investigated Mr Badillo-Lopez’s complaint under Principle 6 and found a breach of that Principle. [7] On 15 February 2017, Mr Badillo-Lopez filed a claim in the Tribunal against Uber New Ze...

4. [2009] NZEmpC AC 44/09 Ecocover (NZ) Ltd & Anor v Dunn [pdf, 22 KB]

   ...claims against him personally but it was only on the day of the Authority’s meeting and at the prompting of the Authority Member that these claims against Mr Cruickshank were withdrawn. Unfortunately there is no transcript of the Authority’s investigation meeting and the matter is not dealt with expressly in the Authority’s substantive determination issued on 14 July 2009 (AA 230/09). The outcome was described by the Authority in its costs determination as a withdrawal of th...

5. MVDT Annual Report 2018-2019 [pdf, 447 KB]

   ...trader’s conduct was likely to breach s 13(i) of the Fair Trading Act 1986, which prohibits misleading representations about a consumer’s rights. The Tribunal therefore referred those matters to the Commerce Commission, which has jurisdiction to investigate conduct that may breach the Fair Trading Act. The use of extended warranties to avoid Consumer Guarantees Act obligations The Tribunal also continues to see many cases where traders sell expensive extended warranty agreements to...

6. NJ v UF [2023] NZDT 238 (22 May 2023) [pdf, 247 KB]

   ...(b) If so, what should NJ’s remedy be? Did UF and/or the Agent misrepresent P to NJ and, if so, was NJ induced to purchase P because of that misrepresentation? 5. The law of contract applies. The contract between NJ and UF regarding P was a private sale, despite it being arranged through the Agent. The rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods (and a horse is a ‘good’ for this purpose) and the implied guarantees given to consumers...

7. Rangahaua Whanui National Overview volume 1 [pdf, 881 KB]

   NATIONAL OVERVIEW volume i Professor Alan Ward Waitangi Tribunal Rangahaua Whanui Series WAITANGI TRIBUNAL 1997 A Waitangi Tribunal publication © Copyright Waitangi Tribunal 1997 isbn 1-86956-207-0 Edited and produced by the Waitangi Tribunal Published by GP Publications, Wellington, New Zealand Printed by GP Print, Wellington, New Zealand Set in Times Roman This report was commissioned by the Waitangi Tribunal as part of its Rangahaua Whanui research programme. Any views express

8. International Covenant on Civil and Political Rights - summary record 5th report [pdf, 88 KB]

   ...working as intended. The police force was committed to mitigating any negative or disproportionate effects felt by the affected community and New Zealand’s Commissioner of Police had engaged personally with the community in the aftermath of the investigation. Lessons had been learned, and would continue to be learned. CCPR/C/SR.2696 5 10-27115 22. Moving on to question 9, he said that the Foreshore and Seabed Act 2004 had been enacted during the current reporting period. I...

9. [2013] NZEmpC 166 Catering Masters NZ Ltd v Anand [pdf, 63 KB]

   ...appropriate having regard to a number of allegedly aggravating 1 [2013] NZEmpC 135. 2 [2012] NZERA Auckland 246. factors. The defendant also seeks costs in relation to the Authority’s investigation meeting, in the sum of $1,500, disbursements of $109.36, and an award of interest. [3] Mr Singh, counsel for the plaintiff, submits that no costs should be awarded in relation to the Authority’s investigation as no or...

10. International Covenant on Civil and Political Rights - government reply to issues 6th report [pdf, 624 KB]

    New Zealand’s sixth periodic report under the International Covenant on Civil and Political Rights Contents Introduction ................................................................................................................................ 1 General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant (Issues