QUESTIONS AND VERIFIED
ANSWERS
◉ What is the duty of care for a bailee regarding clients' belongings?
Answer: The bailee has a common law duty to take reasonable steps to
protect the clients' belongings from loss or damage, making them liable
for negligence if the belongings are stolen or damaged due to inadequate
care.
◉ Did the company breach its bailment obligation? Answer: Yes, they
failed to take reasonable steps to protect the client's belongings, placing
them in an unsecure area despite a request for secure storage.
◉ What is the role of an agent in a bailment relationship? Answer: The
agent facilitates the transfer or management of bailed goods on behalf of
the bailor or bailee.
◉ What potential liability does the company face in a bailment
relationship? Answer: The company faces liability for negligence due to
failing to take reasonable care of the client's belongings.
◉ What are three essential pre-lodgement steps a business must
undertake before submitting a resource consent application? Answer: 1.
Check the district plan to determine if the activity is permitted. 2.
Consult affected parties to comply with the RMA's emphasis on
addressing environmental and cultural impacts. 3. Prepare an assessment
, of environmental effects to show how the project minimizes adverse
effects.
◉ Why is consultation with mana whenua required under the RMA?
Answer: Consultation is required to ensure good faith and two-way
engagement, actively protect Māori cultural values, and inform decision-
making regarding cultural effects.
◉ What are three practical steps for effective consultation with iwi?
Answer: 1. Early engagement before lodging the application. 2.
Commission a cultural impact assessment. 3. Establish an ongoing
relationship regarding construction and design.
◉ What is civil law? Answer: Civil law deals with disputes between
individuals or organizations, focusing on compensation rather than
punishment.
◉ What is an example of civil law in the hospitality industry? Answer:
A customer getting food poisoning from a restaurant.
◉ What is criminal law? Answer: Criminal law defines crimes harmful
to society, with the government prosecuting offenders for penalties like
fines or imprisonment.
◉ What is an example of criminal law in the hospitality industry?
Answer: Employees stealing from a restaurant.