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Directory of Decisions


Commissioners


Directory Index


Children's Commissioner
Judicial Authorities:
Commerce Commission
Commissioner of Patents, Trade Marks and Designs
Domain Name Commissioner
Commissioners
Electricity and Gas Complaints Commissioner
Gambling Commission New Zealand
Health and Disability Commissioner
Human Rights Commission
Parliamentary Commissioner for the Environment
Privacy Commissioner
Retirement Commissioner
Telecommunications Commissioner
Transport Accident Investigation Commission
Resources:
 
 
 


Children's Commissioner - Manaakitia a Tatou Tamariki
Jurisdiction The Commissioner's role is to act as a public advocate for children's rights and interests. The Commissioner has special responsibilities to investigate matters of child abuse and neglect, youth offending and the actions of the Department of Child, Youth and Family Services. To this end, the Commissioner can inquire into any matter affecting children and young people in any service or organisation.
Governing legislation Children's Commissioner Act 2003
Administering
body
The Children's Commission operates as an independent agency.
Contact details Office of the Commissioner for Children, PO Box 5610, Wellington, New Zealand
Tel: 64 4 471 1410 or 0800 A CHILD / 0800 224 453
Fax: 64 4 471 1418
General enquiries: email directly from the website.
Library holdings
of reports
HU and CUL (selected reports and occasional papers)
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Commerce Commission
Jurisdiction Established under the Commerce Act 1986 to bring about compliance with the Commerce and Fair Trading Acts, which promote competition and fair trading in New Zealand markets.
The Commission may investigate possible breaches of these acts as a result of a complaint or on its own initiative. It does not have a judicial role. If it believes that there has been a breach of these Acts it can issue a warning, negotiate settlements or take court action. It is the courts role to rule on whether there has been a breach.
The Commission can grant authorisation of restrictive trade practices on the grounds of public benefit. This gives businesses exemption from the Commerce Act prohibitions on restrictive trade practices.
It also has a role in clearing or authorising certain business acquisitions where market dominance is at issue.
Governing legislation Commerce Act 1986; Fair Trading Act 1986
Administering
body
The New Zealand Commerce Commission is an independent Crown agency.
Contact details Communications Officer, New Zealand Commerce Commission,
PO Box 2351 Wellington, New Zealand
Tel: 64 4 924 3600
Fax: 64 4 924 3700
Availability of decisions NZLII (2004 onwards).
Selected summaries and full-text decisions, June 1997 to December 2005 from LINX. Decisions for the years: 1997 and 2004 only are available via NZLII. Also available from LexisNexis Judgment Service (selected decisions 1986-1993).
Indexed by BriefCase, LINX (1997 onwards)
Reported in NZAR, NZBLC (1987-1991)
Libraries holdings
of decisions
HU (1992 onward); DUL (1975 onward); AL (1975 - 2005); WL (1976 onward); CL (1985 onward); CUL (1975 onward)
Note Originally established under the repealed Commerce Act 1975.
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Commissioner of Patents, Trade Marks and Designs
Jurisdiction Deals with issues such as objections to Patent grants, extensions of terms and revocation of Patentsand Trade Marks. Also makes some decisions in relation to Design matters.
Governing legislation Designs Act 1953; Patetents Act 1953; Trade Marks Act 2002
Administering
body
Intellectual Property Office of New Zealand which is a business unit of the Ministry of Economic Development Manatū Ōhanga.
Contact details Intellectual Property Office of New Zealand (IPONZ),
PO Box 30 687, Lower Hutt, New Zealand
Tel: 64 3 962 2602
Fax: 64 4 560 1691
General enquiries:  info@iponz.govt.nz
Availability of decisions Decisions from 1953 onwards are available in full text from the IPONZ website (under Information Library)
Reported in IPR contains selected Intellectual property decisions from the High Court and Court of Appeal, but does not include Decisions of the Commissioner. Also reported in NZIPR.
Library holdings
of reports
HU
Note Intellectual property issues regarding copyright are dealt with by the Copyright Tribunal.
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Domain Name Commissioner
Jurisdiction Deals with issues such as objections to Patent grants, extensions of terms and revocation of Patentsand Trade Marks. Also makes some decisions in relation to Design matters.
Governing legislation Designs Act 1953; Patetents Act 1953; Trade Marks Act 2002
Administering
body
Intellectual Property Office of New Zealand which is a business unit of the Ministry of Economic Development Manatū Ōhanga
Contact details Intellectual Property Office of New Zealand (IPONZ),
PO Box 30 687, Lower Hutt, New Zealand
Tel: 64 3 962 2602
Fax: 64 4 560 1691
General enquiries:  info@iponz.govt.nz
Availability of decisions Decisions from 1953 onwards are available in full text from the IPONZ website (under Information Library)
Reported in IPR contains selected Intellectual property decisions from the High Court and Court of Appeal, but does not include Decisions of the Commissioner. Also reported in NZIPR.
Library holdings
of reports
HU
Note Intellectual property issues regarding copyright are dealt with by the Copyright Tribunal
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Electricity and Gas Complaints Commissioner
Jurisdiction Provides a forum where consumers can access an independent dispute resolution service for complaints about their electricity or gas lines or retail companies.
Governing legislation The Commission is an independent organization.
Contact details Electricity and Gas Complaints Commission, FreePost 192682,
PO Box 6144, Wellington
Tel: 64 4 460 8860
Fax: 64 4 460 8879
General enquiries: info@electricitycommission.govt.nz
Availability of decisions Case Notes include a brief summary of decisions.
Note The Office is funded by member companies, but remains independent of the industry in its investigation processes and decision-making.
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Gambling Commission New Zealand
Jurisdiction The Commission hears casino licensing applications, and appeals on licensing and enforcement decisions made by the Secretary of Internal Affairs in relation to gaming machines and other non-casino gambling activities. The Gambling Commission has the powers of a Commission of Inquiry.
Governing legislation Gambling Act 2003; the Commission's website includes links to other relevant legislation.
Administering
body
The Gambling Commission is an independent statutory decision-making body.
Contact details Gambling Commission New Zealand, PO Box 3310, Shortland Street, Auckland
Tel: 64 9 300 1113
Fax: 64 9 300 1118
Email: info@gamblingcom.govt.nz
Availability of decisions Available from the Commission's website
Notes Replaces the Casino Control Authority
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Health and Disability Commissioner - Te Toihau Hauora, Hauatanga
Jurisdiction Promotes and protects the rights of consumers of health and disability support services. It facilitates resolution of complaints relating to infringement of these rights. The Commissioner administers the Code of Health and Disability Services Consumers' Rights (1996).
Governing legislation Health and Disability Commissioner Act 1994
Administering
body
The Health and Disability Commission is an independent government-funded agency established under the above Act.
Contact details Health and Disability Commission, PO Box 11934, Manners Street, Wellington 6011
Tel: 64 4 494 7900
Fax: 64 4 494 7901
Email: hdc@hdc.org.nz
Availability of decisions Complaints resolution and Case notes are on the Commissioner's website
Indexed by Decisions of the Health and Disability Commissioner (and the former Complaints Review Tribunal) are indexed by BriefCase.
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Human Rights Commission - Te Kahui Tika Tangata
Jurisdiction The Human Rights Commission is a statutory body that administers the Human Rights Act 1993. The Commission's primary functions are: to advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society; and to encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in New Zealand society.
Governing legislation Human Rights Act 1993
Administering
body
The Human Rights Commission is an independent statutory body.
Contact details Office of Human Rights Proceedings, PO Box 6751,
Wellesley Street, Auckland, New Zealand
Tel: 64 9 309 0874
Fax: 64 9 377 3593
Availability of decisions Proceedings brought by the Commission are heard by the Human Rights Review Tribunal; selected Case notes are available on the Human Rights Commission website.
Notes Prior to 1 January 2002,  the Human Rights Commission had the legal authority to form opinions as to whether a complaint had substance, that is, that there had been a breach of the Human Rights Act 1993 (HRA). Amendments to that Act, which came into force on January 1 2002, mean that the Commission no longer has the legal authority to form an opinion that there had been a breach of the HRA.
Incorporates the Office of the Race Relations Commissioner (formerly Race Relations Conciliator).
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Parliamentary Commissioner for the Environment - Te Kaitiaki Taiao a Te Whare Paremata
Jurisdiction To review and provide advice on environmental issues and the system of agencies and processes established by the Government to manage the environment.  The Commissioner may investigate any matter where the environment may be, or has been adversely affected; assess the capability, performance and effectiveness of the New Zealand system of environmental management; and provide advice and information that will assist people to maintain and improve the quality of the environment. The Commissioner discusses with decision-makers in relevant public authorities the issues identified by particular investigations and the ways in which these can be addressed.
Governing legislation Environment Act 1986
Administering
body
Operates independently of executive government.
Contact details Parliamentary Commissioner for the Environment,
PO Box 10-241, Wellington, New Zealand
Tel: 64 4 471 1669
Fax 64 4 495 8350
Email:  pce@pce.govt.nz
Availability of reports Selected reports (1997 onward) are available from the Commission's website
Library holdings
of reports
HU (selected holdings)
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Privacy Commissioner - Te Mana Matapono Matatapu
Jurisdiction Enquires into any practice, procedure, technical development or enactment of legislation which may lead to infringement of individual privacy. This can involve receiving representations from the public on such matters; reporting to the Prime Minister on matters affecting individual privacy; educating the public in such matters and developing Privacy Codes of Practice for specific industries, agencies and types of personal information.
Governing legislation Privacy Act 1993
Administering
body
The Privacy Commission  is an independent government funded agency.
Contact details Privacy Commissioner Te Mana Matapono Matatapu, PO Box 466,
Auckland, New Zealand
Tel: 64 9 302 8655
Fax 64 9 302 2305
Email: enquiries@privacy.org.nz  
Availability of decisions Proceedings brought by the Privacy Commissioner are heard by the Human Rights Review Tribunal (formerly the Complaints Review Tribunal).  Selected Decisions (1998 onwards) are available through AustLII, while Case Notes are available from the Privacy Commission website (1994 onwards) and NZLII (1996 onwards). Note: no Case Notes were released in the 2000 calendar year.
Indexed by Decisions of the Human Rights Review Tribunal (and the former Complaints Review Tribunal)  are indexed by BriefCase.
Library holdings
of publications
HU (Case notes 1993-1998); Complaints Review Tribunal privacy cases 1993-2001); codes of practice; annual report; Private Word (newsletter); CUL (issues sheets, fact sheets, Complaints Review Tribunal privacy cases 1993 - 1997)
Note A Privacy Commissioner was originally established under the repealed Privacy Commissioner Act 1991.
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Retirement Commissioner
Jurisdiction The Retirement Commission was established in 1995, mainly to establish an understanding of public concerns and knowledge of retirement income issues. With the passing of the Retirement Villages Act in 2003 the Commission's role expanded to include monitoring the effects of the Act, promote education and publish information, approve members of a disputes panel, and consulting and making recommendations on a Code of Practice to cover all retirement villages.
Governing legislation NZ Superannuation and Retirement Income Act 2001; Retirement Villages Act 2003
Administering
body
Ministry of Social Development
Contact details Retirement Commission, PO Box 12-148, Wellington, New Zealand
Tel: +64 4 499 7396
Fax: +64 499 7397
Office email: office@retirement.org.nz
Availability of decisions The Commission website includes links to decisions that disputes panels have made since the dispute resolution provisions of the Retirement Villages Act 2003 came into force on 1 October 2006. The first decision was made in March 2007.
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Telecommunications Commissioner
Jurisdiction Deals with disputes in the telecommunications field.
Governing legislation Telecommunications Act 2001
Administering body Commerce Commission
Contact details PO Box 2351 Wellington New Zealand
Tel: 64 4 924 3600
Fax: 64 4 924 3700
General enquiries: telecommunications@comcom.govt.nz
Availability of decisions Determinations of the Commissioner are available under the Telecommunications Service Obligations page of the Commerce Commission website.
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Transport Accident Investigation Commission - Te Komihana Tirotiro Aitua Waka
Jurisdiction Determines only the circumstances and causes of accidents and incidents (as opposed to ascribing blame to any person) with a view to avoiding future occurrences.
Governing
legislation
Transport Accident Investigation Commission Act 1990
Administering
body
The Commission is an independent Crown Entity.
Contact details Transport Accident Investigation Commission,
PO Box 10 323, Wellington 6036, NZ
Tel: 64 4 473 3112
Fax: 64 4 499 1510
Email: inquiries@taic.org.nz
Availability of decisions All TAIC reports published after 1 December 2001 are available as pdf files free of charge from the TAIC website, as well as summaries and selected full text reports from about 1990 onwards.

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