Search Results

1. Director of Proceedings v Ramsden [2022] NZHRRT 25 [pdf, 624 KB]

   ...jurisdiction and issues: 2(a) A declaration pursuant to section 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (“the Code”) in respect of Right 4(2) by failing to provide services to the aggrieved person that comply with legal, professional, ethical, and other relevant standards; and 2(b) A final order pursua...

2. Wallace v CAC 20006 & Ors [2014] NZREADT 24 [pdf, 126 KB]

   ...to provide information about any action taken on a disciplinary matter in respect of a licensee in the last three years - ss.63-66 of the Act. The effect of this is that a Complaints Assessment Committee finding of unsatisfactory conduct, and any consequential orders made, must be recorded on the public register in relation to the licensee concerned if the finding and orders were made within the past three years. Publication on the register is therefore mandatory unless we make an orde...

3. HN v FH Ltd [2021] NZDT 1576 (16 July 2021) [pdf, 243 KB]

   ...accommodation, $45 filing fee and the remainder in legal costs/ exemplary damages due to the defendant’s intentional breach. 14.HN when presenting his claim included the above causes of action plus he considered that there had been - A breach of the Consumer Guarantees Act as FH had substituted a low end /inferior ferry ‘[Ferry] ‘instead of the high end /Premium vessel [Vessel] which was shown at the time of the ticket purchase. - Negligence as FH claims to have been unable to...

4. CS & KS v H Ltd [2023] NZDT 605 (13 November 2023) [pdf, 204 KB]

   ...weatherproofing was not sufficient to protect it from damage and was therefore not reasonably fit for purpose. 19. There is a written contract between the parties which sets out their respective rights and obligations. In addition to the contract the Consumer Guarantees Act 1993 (CGA) implies guarantees into contracts, including that goods are of acceptable quality (s 6-7 CGA), are provided with reasonable care and skill (s 28 CGA) and that services provided are reasonably fit for t...

5. [2024] NZIACDT 26 – QN v Nandan (12 November 2024) [pdf, 227 KB]

   ...reasonable compensation to the complainant or other person. [30] In determining the appropriate sanction, it is relevant to note the purpose of the Act: 3 Purpose and scheme of Act The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [31] The focus of professional disciplinary proceed...

6. Heng v Yap [2014] NZIACDT 110 (10 October 2014) [pdf, 198 KB]

   ...Positions on Sanctions The Authority [5] The Authority did not make any submissions on sanctions. The Complainant [6] The complainant sought the recovery of all fees and disbursements paid, less what he had already recovered from the Malaysian Consumer Tribunal. He also sought compensation for inconvenience and interest. Mr Yap [7] Mr Yap referred to attempts to settle with the complainant over fees, and the decision of the Malaysian Tribunal for Consumer Claims, which awarded a...

7. [2023] NZREADT 35 - UM v REAA (CAC 2103) (13 December 2023) [pdf, 226 KB]

   ...474, [2016] NZAR 1512 at [23]–[34]. 6 Najib v Real Estate Agents Authority [2016] NZREADT 51 at [22]–[23]. 5 Principles as to the exercise of the Tribunal’s power to restrict publication [22] In the light of the Act’s purposes as to consumer protection and promotion of public confidence, the requirement for a public register, and the fact that Tribunal hearings are in public, there is a presumption in favour of publication. This is consistent with the policy as to public...

8. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

   ...require consideration of at least four factors which may materially bear upon maintaining appropriate standards of conduct: [11.1] Protecting the public: Section 3 of the Act states “The purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [11.2] Demanding minimum standards of conduct: Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) and Taylor v General Medical Council [1990] 2 AC 539; [1990] 2 All ER 263 (PC) discuss...

9. [2022] NZEnvC 001 Wellington Regional Council [pdf, 253 KB]

   ...outlet. [3] The Council had intended to include this text ( or an equivalent) in the PNRP but inadvertently failed to do so. It seeks to address that error by making an application under s 310(e) Resource Management Act 1991 (RMA) and asking for a consequential order under s 293 RMA to include appropriate text in the PNRP. [4] The Council has applied for a declaration determining the location of unmapped river mouths in the PNRP. The declaration sought is: When determining the loc...

10. OF v D Ltd [2019] NZDT 1405 (9 August 2019) [pdf, 223 KB]

    ...over and above a reasonable tolerance from the estimate. 20. In addition, Mr G’s company was operating “in trade” in supplying services to OF as a car restorer. His work was accordingly subject to the statutory warranties contained in the Consumer Guarantees Act 1993 to provide services with reasonable skill and care (s28), and the obligations set out in the Fair Trading Act 1986 not to mislead (ss9-13). 21. As a rule of thumb, an estimate is considered to have been a misre...