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1. X Ltd v K Ltd [2019] NZDT 1339 (19 December 2019) [pdf, 252 KB]

   ...8. I find that K Ltd had a duty of care under the contract that would be implied by law to manufacture the product in such a manner that did not cause unnecessary loss to X Ltd. This duty was a contractual, rather than a statutory one, as the Consumer Guarantees Act 1993 was lawfully and expressly excluded and did not apply. Nonetheless, a contractual duty arises where it would be so obvious it goes without saying, and necessary to the make the deal work. In these circumstances, I a...

2. Campbell & Anor v REAA CAC 20007 & Anor [2014] NZREADT 42 [pdf, 60 KB]

   ...Century 21 was the sole listing agency. 4.2 The Committee accepts that it is difficult balancing the rights of the bereaved against those of prospective purchasers. However, given the purpose of the Act is to promote and protect the interests of consumers and promote public confidence in the performance of real estate agency work, the Committee is of the view that disclosure of such matters should be standard industry practice. 4.3 The Committee finds that the agency was incorrect...

3. Quin v REAA & Knaptondocx [2012] NZREADT 13 [pdf, 221 KB]

   ...on what, if any, order should be made and, if they sought relief under s.93(1)(f) of the 2008 Act, were required to specify the amount sought with reference to quotations and invoices. It needed to be established that the relief related to matters consequential on the licensee’s conduct identified by the Committee. [8] Before the Committee, the complainants sought relief as follows: [a] $15,874: for additional rent paid on a workshop in Mt Maunganui which would not have been n...

4. [2023] NZEnvC 171 University of Otago v Dunedin City Council [pdf, 3.1 MB]

   ...gardening) f. the storage and use of hazardous substances as part of a residential activity (for home heating, cooking, cleaning and gardening), including LPG up to a maximum full weight of 300kg where: i. the hazardous substance(s) is part of a consumer product intended for residential use; and ii. the product is stored in the container or packaging in which it was sold and used in accordance with the manufacturer's instructions; g. the temporary storage, handling and distr...

5. Central Standards Committee 3 v Bong [2023] NZLCDT 24 (8 June 2023) [pdf, 130 KB]

   ...with misconduct.1 Alternatives pleaded were negligence2 or unsatisfactory conduct. The latter was admitted by Mr Bong. [2] This decision gives our reasons for finding liability at the level of unsatisfactory conduct and makes penalty orders consequential on that finding. Brief factual background [3] Mr Bong acted for Ms W on the sale of a business which she told him she was operating on her own.3 Ms W also owned the property from which the business was operated in her sole...

6. PD v QB [2024] NZDT 573 (16 July 2024) [pdf, 233 KB]

   CI0301_CIV_DCDT_Order Page 1 of 4 (Disputes Tribunal Act 1988) ORDER OF DISPUTES TRIBUNAL [2024] NZDT 573 APPLICANT PD RESPONDENT QB The Tribunal orders: 1. QB to pay PD $3,900.00 by 16 August 2024. Reasons 1. PD purchased a [motorbike] (bike) from QB for $5,200.00 after being the successful bidder in an [online] auction on the 7 December 2023. 2. PD claims that QB misrepresented the motorbike by describing it being in “imm

7. Supplementary Evidence of Matthew Twose [pdf, 2.4 MB]

   ...is that contained in the Summary of Decisions table prepared for the Environmental Protection Authority (EPA) and published on the EPA website. Some of these footnote references have been corrected since the filing of Evidence in Chief. Where “consequential amendment” is noted, the amendment is a necessary consequence of a submission-based recommended amendment so that the overall integrity of the plan change is maintained and/or to ensure the language and grammar is correct. Whe...

8. LCRO 213/2017 AA v BB and CC (26 April 2018) [pdf, 176 KB]

   ...point I pick up on is the importance of the legislative context. [37] As to the present legislative context: (a) The Lawyers and Conveyancers Act 2006, and its attendant regulations and rules, reflect a particular concern for the protection of consumers of legal services and the public interest inherent in the maintenance of confidence in the provision of legal services.10 (b) Those objectives surely demand, just as does other consumer-oriented legislation, a focus on substance ov...

9. Taranaki Standards Committee v Hamilton [2013] NZLCDT 22 [pdf, 94 KB]

   ...state of mind. [3] Thus the matter proceeded effectively as a penalty only hearing at the conclusion of which the Tribunal, having considered the matter, made orders striking the practitioner from the roll of Barristers and Solicitors and making a consequential compensation order, while reserving the question of costs. The oral orders were to be supplemented by a reserved written decision. This is that decision. Charge [4] “Charge 1 Taranaki Standards Committee No. 1 of the...

10. NZBORA-Advice-NZ-EU-FTA-Legislation-Bill-For-Publication.pdf [pdf, 294 KB]

    ...align New Zealand’s domestic law with obligations set out in the Free Trade Agreement between New Zealand and the European Union signed in Brussels on 9 July 2023 (NZ-EU FTA). The Bill introduces amendments to the following legislation: a. the Consumer Information Standards (Country of Origin (Clothing and Foot-wear) Labelling) Regulations 1992, to allow goods from a Member State of the European Union (EU) to be labelled as ‘made in the EU’ or alternatively, as made in that Member...