21 Oct 2019
CHIEF EXECUTIVE OF THE DEPARTMENT OF INTERNAL AFFAIRS v NZ TRUSTEES ASSOCIATION CHARITABLE TRUST [2019] NZHC 2684
- Citation
- [2019] NZHC 2684
- Court
- High Court
The Court found NZTA committed civil liability events by sending unsolicited commercial electronic messages, fixed a starting point of $45,000 for NZTA then applied a 20% mitigation discount to impose a pecuniary penalty of $36,000 on NZTA; found Mr Anderson culpable though with lesser exposure, fixed a starting point of $10,000 and applied a 20% mitigation discount to impose a pecuniary penalty of $8,000; and ordered under s35(2) that both NZTA and Mr Anderson must comply with the enforceable undertaking dated 13 August 2018 (clauses 7.1–7.3).