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1. Abortion Legislation Bill (Cabinet Papers) [pdf, 1.9 MB]

   ...27. These proposals are based on the options and discussion in the Law Commission briefing paper and my discussions with many of you. I request that Cabinet agree to the drafting of a bill containing the proposals set out in this paper. 28. Other consequential amendments may be required to the Contraception, Sterilisation and Abortion Act 1977 to ensure that the language of the legislation is consistent with taking a health approach to the regulation of abortion. Removing the crimin...

2. Regulatory Impact Statement: Increasing the maximum claim level in Disputes Tribunals [pdf, 537 KB]

   ...private dispute resolution or forgoing a remedy altogether for low-value civil claims is unclear. However, the Legal Services Agency’s Report on 2006 National Survey of Unmet Legal Needs and Access to Services found that 72 percent of people with consumer problems did not seek legal assistance, for reasons including cost, stress, ease of access to justice and not knowing where to get help. (2) Balancing nature of the Tribunal with appropriate safeguards 10. If the Disputes Trib...

3. Regulatory Impact Statement increasing maximum claims level in disputes tribunals [pdf, 506 KB]

   ...private dispute resolution or forgoing a remedy altogether for low-value civil claims is unclear. However, the Legal Services Agency’s Report on 2006 National Survey of Unmet Legal Needs and Access to Services found that 72 percent of people with consumer problems did not seek legal assistance, for reasons including cost, stress, ease of access to justice and not knowing where to get help. (2) Balancing nature of the Tribunal with appropriate safeguards 10. If the Disputes Trib...

4. Schiller-Cooper v Lozano [2013] NZIACDT 17 (21 March 2013) [pdf, 137 KB]

   ...considering at least four factors which materially bear upon maintaining appropriate standards of conduct: 5 [17.1] 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 ...” [17.2] Demanding minimum standards of conduct: Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) and Taylor v General Medical Council [1990] 2 All ER 263 (PC), discuss this aspect. [1...

5. Tong & Anor v CAC 20004 & Ors [2014] NZREADT 3 [pdf, 126 KB]

   ...$295,000. As such, the appellants may have suffered losses of up to $295,000 on the sale of the land and buildings as a result of Mr Regan failing to disclose Ms Alford’s interest in purchasing the café together with general damages and other consequential loss. 46. The appellants have suffered a great deal of stress from discovering that they were not informed of a potential purchaser of their café, and from the ensuing proceedings. Waiheke Island is a notoriously small commu...

6. Proactive-release-20240715-CAB-Regulatory-Systems-Justice-Amendment-Bill_Final.pdf [pdf, 9.6 MB]

   ...amend 20 Acts, focusing on areas of priority for this Government. In addition, we are also seeking to amend two Acts which impact courts and tribunals operations within the Workplace Relations and Safety portfolio and one Act within the Commerce and Consumer Affairs portfolio. We are also seeking to amend one Act that is jointly administered by the Ministry of Justice and Corrections. Relevant portfolio Ministers have agreed to these changes. Proposed amendments 12 The overall policy o...

7. Director of Proceedings v Smith (Costs) [2020] NZHRRT 35 [pdf, 259 KB]

   ...APPLICATION FOR COSTS Procedural background [17] The circumstances of the present application for costs are unusual. On the substantive issue whether the defendant breached the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (Code) in respect of Right 4(1) the defendant consented to a declaration under HDCA, s 54(1)(a) that she had breached this right by failing to provide services to the aggrieved person with reasonable...

8. OWRUG Updated Supplementary S Dicey Planning 24 March 2021 [pdf, 789 KB]

   ...is a lack of clarity about what evidence might be required or accepted to show that irrigation areas have not expanded. For larger schemes, which can cover thousands of hectares and have hundreds of shareholders, this would be complex and time consuming. As such it does not serve the process based purpose of PC7. 3 PP-1035600-2-391-V1 12. In addition, the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 effectively manages expansion...

9. Ms C v CAC 10036 & Whitehorn [2012] NZREADT 53 [pdf, 47 KB]

   ...made against [the licensee] at the time when the conduct occurred” – in terms of s.172(2) to which we refer further below. [6] We note that, somehow, this file was mislaid for a time in our Registry; and we apologise to the parties for the consequential delay. The 10 August 2011 Decision of the Complaints Assessment Committee 10036 [7] The Committee’s decision considered the issue of publication of its finding of unsatisfactory conduct against the appellant. The Committe...

10. CAC 20006 v Spencer [2013] NZREADT 55 [pdf, 47 KB]

    ...Committee.” [7] The increased penalties for unsatisfactory conduct introduced by the 2008 Act are a key part of the new disciplinary process through which the 2008 Act seeks to achieve its purpose: i.e. to promote and protect the interests of consumers in respect of transactions that relate to real estate and to promote public confidence in the performance of real estate agency work. The Stance of the Prosecution on Penalty [8] The prosecution submits that the failures identified...