Breadcrumbs

Directory of Decisions


Commissioners

Children's Commissioner

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

Contact details

See the website of the Office of the Commissioner for Children for contact details.

Library holdings of unreported decisions

Waikato University and Otago University (selected papers)

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

Contact details

See the contact us page for regional office information and online complaints form.

Availability

NZLII (selected 1975-1992, full coverage 1993 onwards).

Selected summaries and full-text decisions, June 1997 to December 2005 from Linxplus.  Also available from

LexisNexis Judgment Service (selected decisions 1986-1993).

Indexed by

BriefCase,Linxplus

(1997 onwards)

Reported in

NZAR,NZBLC

(1987-1991)

Note

Originally established under the (now repealed) Commerce Act 1975.

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;Patents Act 1953;Trade Marks Act 2002

Contact details

See the IPONZ website for contact information.

Availability

NZLII includes decisions for Designs, 1958 onwards, Patents 1957 onwards, and Trademarks 1955 onwards. 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.

Note

Intellectual property issues regarding copyright are dealt with by the Copyright Tribunal.

Domain Name Commissioner

Jurisdiction

The Domain Name Commission (DNCL) manages and administers the .nz domain name space

Contact details

See the Domain Name Commission website.

Availability

Decisions are available on the DNC website.

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

Use the form on the Electricity and Gas Complaints Commission website

Availability

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.

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.

Contact details

Contact information can be found on the commission website.

Availability

Available from the Commission's website

Note

Replaces theCasino Control Authority

Health and Disability Commissioner

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

Contact details

Contact details are on the HDC website

Availability

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.

Human Rights Commission

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

Contact details

Email:orhp@orhp.org.nzOffice of Human Rights ProceedingsLevel 3 21 Queens StreetPO Box 6751,Wellesley Street, Auckland, 1141,New ZealandTel: +64 9 309 0874See also the Commission's contact page

Availability

Proceedings brought by the Commission are heard by the Human Rights Review Tribunal

Note

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).

Judicial Conduct Commissioner

Jurisdiction

Deals with complaints about the conduct of Judges. Cannot challenge the legality or correctness of a Judge's decision in relation to any legal proceedings.

Governing legislation

Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004

Contact details

See the Office of the Judicial Conduct Commissioner website for contact information

Availability

Available from the Commissioner's website.

Parliamentary Commissioner for the Environment

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.

Contact details

See the contact information on the PCE website

Availability

Most reports from 1997 onward are available from the Commission's website

Privacy Commissioner

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

Contact details

Privacy Commissioner Contact details are available online

Availability

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.

Library holdings of unreported decisions

Waikato University (Case notes 1993-1998); Complaints Review Tribunal privacy cases 1993-2001); codes of practice; annual report; Private Word (newsletter); Canterbury University (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.

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. The Retirement Villages Code of Practice 2008.

Governing legislation

NZ Superannuation and Retirement Income Act 2001,Retirement Villages Act 2003

Contact details

Contact the Retirement Commissioner using the form on the Commission for Financial Capability website

Availability

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.

Note

The Retirement Villages Code of Practice 2008 and an Overview of the Code are available on the website of the Department of Building and Housing.

Telecommunications Commissioner

Jurisdiction

Deals with disputes in the telecommunications field.

Governing legislation

Telecommunications Act 2001

Availability

Determinations of the Commissioner are available via the Commerce Commission's decision register

Transport Accident Investigation Commission

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.

Contact details

See the Transport Accident Investigation Commission website

Availability

All TAIC reports published after 1 December 2001 are available as pdf files free of charge from theTAICwebsite, as well as summaries and selected full text reports from about 1990 onwards.