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1. J Ltd v PE Ltd [2024] NZDT 357 (9 March 2024) [pdf, 112 KB]

   ...counterclaims for a declaration of non-liability for the sum of $6,790.75 plus filing costs. 4. The issues to be determined are as follows: a. Does the Consumer Guarantees Act 1993 apply to this contract? b. Was the work carried out with reasonable care and skill? c. What remedy, if any, is PE Ltd entitled to under the CGA? d. Did J Ltd charge a reasonable price for the polyurethane product? e. Did J Ltd complete the work within the time contemplated by the contract, or within a r...

2. COVID-19 Public Health Response Bill [pdf, 205 KB]

   ...this Bill is an unprecedented public health emergency that requires a number of exceptional powers that would be unlikely to be justified in ordinary circumstances. In this context, it remains important to scrutinise each limit on a right or freedom carefully to ensure that it is justified in the circumstances. Examination of the trigger for the availability of powers 19. As noted above, the Bill specifies that the power to make orders under cl 10 may be exercised only where an Epidemi...

3. LCRO 104/2017 CH v SL (16 December 2019) [pdf, 167 KB]

   ...for a review of a decision by the [Area] Standards Committee [X] to take no further action on her complaint concerning the conduct of the respondent, Ms SL. [2] The complaint related to whether or not Ms SL acted competently and with reasonable care in having Mrs CH’s husband, TD, execute enduring powers of attorney. There was contention as to whether at the time he was mentally competent to do so. Background Preliminary [3] Several of the individuals to whom it is necessary...

4. BORA Ngāti Manuhiri Claims Settlement Bill [pdf, 286 KB]

   ...conferred under the Bill. 4. Further, even if the conferral of assets or rights on Ngāti Manuhiri and not other people did amount to differential treatment for the purposes of s 19, they do not result in the type of disadvantage that s 19 aims to protect against. That is, disadvantage arising from prejudice and negative stereotyping that perpetuates legal, social or political disadvantage faced by a marginalised group in our society. 5. Clause 107 reserves a right of access to wāhi ta...

5. BORA Ngāti Apa (North Island) Claims Settlement Bill [pdf, 277 KB]

   ...those heard according to law in the same way as civil proceedings between individuals. However, both cll 22(3) and 75(2) affect the substantive law. Accordingly, in my view they do not fall within the ambit of s 27(3) of the Bill of Rights, which protects procedural rights. Whether s 19 at issue. 9. As noted, the Bill provides for the transfer of various assets to claimants and for claimants (and other Maori) to have rights which are not conferred on other people. For example claimants...

6. BORA Secondhand Dealers and Pawnbrokers Bill [pdf, 18 KB]

   ...of Rights Act 1990 Our Ref: ATT114/1197 (1) 1. We have considered the above Bill ("the Bill") for consistency with the New Zealand Bill of Rights Act 1990 ("BORA") and have concluded that the Bill is consistent with the rights protected by that Act. In reaching that conclusion, two issues of prima facie inconsistency arose in respect of the Bill that we wish to draw to your attention. Age restrictions (s 19(1) BORA) 2. First, there were two provisions that raised...

7. BORA Te Hiku Claims Settlement Bill [pdf, 280 KB]

   ...recipients of the entitlements under the Bill. No differential treatment for the purpose of s 19 therefore arises by excluding others from the entitlements conferred under the Bill. 5.Clauses 150, 332, 535 and 745 reserve a special right of access to protected sites on certain licensed land transferred to the respective iwi. This right of access applies to Maori for whom the protected sites are of special spiritual, cultural or historical significance. It is conceivable that this c...

8. BORA Nga Punawai o Te Tokotoru Claims Settlement Bill (Ngati Rangiteaorere) [pdf, 278 KB]

   ...no other person could be said to be in comparable circumstances to those who are to receive entitlements under the Bill. 4. In respect of both Tapuika (clause 287A) and Ngati Rangiwewehi (clause 162A) the Bill reserves a special right of access to protected sites on Crown forest land transferred to iwi as part of the settlement. This right of access applies to Māori for whom the protected site is of special cultural, historical, or spiritual significance. It is conceivable that this cl...

9. BORA Kaikoura (Te Tai ō Marokura) Marine Management Bill [pdf, 277 KB]

   ...conclusion, we have considered the consistency of the Bill with s 25(c) (right to be presumed innocent). Our analysis is set out below. The Bill 3.The Bill establishes a management regime for the coast and sea around Kaikoura (Te Tai ō Marokura) to protect the marine species, submarine canyon and other natural marine habitats in Kaikoura (Te Tai ō Marokura). 4.The Bill establishes: a)a marine reserve (Hikurangi Marine Reserve); b)a whale sanctuary (Te Rohe o Te Whanau Pua – K...

10. BORA Ngati Awa Claim Settlement Bill [pdf, 81 KB]

    ...would be a justified limit in terms of s 5. My conclusion that there is no breach of s 27(2) is based on the wording of that section. 6. Section 27(2) of the Bill of Rights provides that: "Every person whose rights, obligations or interest protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination." 7. There are two reasons why there is...