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1. AAC v ZZX [2012] NZDT 33 (17 August 2012) [pdf, 64 KB]

   ...daughter may not have latched the middle padlock properly. At paragraph 9 of his affidavit, he accepted that he and his daughter failed to make sufficient checks of their fence on the day in question. I consider that ZZX owed a duty to take special care that his dogs could not escape from his fully- fenced section. I am not persuaded that the escape of his dogs had nothing to do with any actions taken by him or his daughter. The failure to make sufficient checks of the fence was...

2. ST v F Ltd NS [2023] NZDT 563 (6 November 2023) [pdf, 179 KB]

   ...with NS. The inadequate installation amounts to a failure under s 28 of the Consumer Guarantees Act 1993 (CGA), which provides that where services are supplied to a consumer, there is a guarantee that the service will be carried out with reasonable care and skill. What remedy, if any, should be given to ST? 8. The failure to install the vanity with reasonable care and skill cannot be remedied by completing the installation properly, as the vanity has been damaged by water ingress. ST i...

3. Mauve v Oranga Tamariki [2024] NZHRRT 38 [pdf, 306 KB]

   ...decision is to be cited as Mauve v Oranga Tamariki [2024] NZHRRT 38. Note publication restrictions. IN THE HUMAN RIGHTS REVIEW TRIBUNAL [2024] NZHRRT 38 I TE TARAIPIUNARA MANA TANGATA 2 [1] Ms Mauve provided foster care for a child placed in her care by Oranga Tamariki. However, in May 2018, Oranga Tamariki removed the child from Ms Mauve’s care. [2] Aggrieved by that decision, Ms Mauve made an information privacy request to Oranga Tamariki unde...

4. Standards Committee 1 v Hart [2011] NZLCDT 5 [pdf, 84 KB]

   ...Collins argued that pursuant to section 238 of the Lawyers and Conveyancers Act 2006, the starting point is openness of proceedings. That section prescribes that hearings be held in public unless there is a proper privacy or other interest to be protected. Mr Collins argued that carried with it an expectation that Tribunal business is to be conducted in and available to the public. That provision is subject to section 240 which provides the jurisdiction to consider in proper circ...

5. BORA Lawyers and Conveyancers Bill [pdf, 25 KB]

   ..."In the end an abridging inquiry under s 5 is a matter of weighing: 1. The significance in the particular case of the values underlying the Bill of Rights Act; 2. The importance in the public interest of the intrusion on the particular right protected by the Bill of Rights Act; 3. The limits sought to be placed on the application of the Bill of Rights Act provision in the particular case; and 4. The effectiveness of the intrusion in protecting the interests put forward to justif...

6. CAC10063 v Picknell [2013] NZREADT 41 [pdf, 57 KB]

   ...suspending her licence, a fine not exceeding $15,000 and compensation. Submissions of REAA [5] The Real Estate Agents Authority (“REAA”) submitted that Ms Picknell failed to achieve the fundamental purpose of the Act which is to promote and protect the interests of consumers in Real Estate Agents transactions in leaving the forms with an unlicensed person to do as she wished with them. [6] The REAA submits that this is serious misconduct and that the appropriate penalty is le...

7. BORA Land Transport Amendment Bill [pdf, 127 KB]

   ...relating to driving while under the influence of drink or drugs (clause 42). 6. We note that one of the vehicle impoundment provisions in the Land Transport Bill 1997 was the subject of a section 7 report on the basis that it inconsistent with the protection against double jeopardy set out in section 26(2) of the Bill of Rights Act. 7. In 2002 the issue was reconsidered in relation to the Land Transport (Street and Illegal Drag Racing) Amendment Bill. In the light of subsequent case law...

8. Statutory prohibitions on publication for media [pdf, 211 KB]

   ...authorising the taking of a bodily sample from a suspect under the age of 17 years, no person shall publish, in any report or account relating to any proceedings on the application, the name of the respondent [suspect] or the parents or any person having the care of the respondent, or any other name or particulars likely to lead to the respondent’s identification. Criminal Records Section 13 of the Criminal Records (Clean Slate) Act 2004 provides that if: (a) An application is made f...

9. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...expression), 21 (right to be secure against unreasonable search and seizure), 22 (liberty of the person) and 25(c) (right to be presumed innocent). Our analysis is set out below. Right to Freedom of Expression • Section 14 of the Bill of Rights Act protects the right to “freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind and any form.” • Clause 30 of this Bill substitutes new s 35 into the Biosecurity Act, which will...

10. Recommendations recap - issue 7 [pdf, 1.4 MB]

    ...agencies and organisations. This edition of Recommendations recap features 41 recent coronial cases. These final findings were released by a coroner between 1 July 2013 and 30 September 2013. 1 Adverse effects or reactions to medical or surgical care 3 Child deaths 3 Diving, scuba diving, snorkelling 9 Fall 9 Fire‑related 10 Homicide or interpersonal violence 11 Mental health issues 11 Natural causes 11 Police pursuits or deaths in police custody 12 Product‑relate...