TTEC 4852 Marine Business Practice
Assignment
by Shane McCann
Contents
Business Requirements
- Consumer Guarantees Act - Fair Trading Act
Industry Rules, Regulations and Legislation
- Health & Safety in Employment - Council By-Laws - Dangerous Goods
Trailer Service Regulations
- Land Transport Rules & Regulations
Business Requirements
- Consumer Guarantees Act
The Act covers the goods and services ordinarily purchased for personal, domestic or household use.Those "goods" include pretty much everything in and around the home, from appliances to vehicles, furniture to food. Gas, electricity, water and computer software are also covered.
"Services" include things done by tradespeople like plumbers and painters, professionals like dentists and lawyers, after-sales and repair services from shops, and all the services you get from insurers, petrol stations, travel agents ... in general, if you pay for it, it's covered.
The Act only applies if you buy goods or services from sellers "in trade". This means it does not cover private sales or goods sold by auction or tender. However, it does cover goods sold in second-hand shops and sales, and goods sold over the internet by New Zealand businesses. The Act does not cover the purchase of houses, although it does cover house repairs. Nor does it cover goods or services usually bought for commercial use, such as medical equipment or the installation of industrial machinery.
If a defect is discovered in a good or service, and it is relatively small, the retailer can choose to either repair, replace or refund the affected good or service provided the fault is remedied within a reasonable timeframe. If the defect cannot be restored in a timely manner or the defect is substantial, the consumer has the right to reject the product or service.
Substantial defects in good and services are where:
- the goods and services would not have been acquired by a reasonable consumer had they known of the nature and extent of the failure, or
- the goods are significantly different from the description, sample or demonstration provided by the supplier, or
- the goods and services are substantially unfit for the purpose, or the product generated through the service is of such a nature and quality that any particular results cannot be expected from it, or
- the goods and services are unsafe.
In rejecting the good or service, the consumer is entitled to choose a replacement of a similar type or value, or they can demand a full refund of the purchase price. Any refund must be in cash, cheque or credit card reversal. The Act also allows consumers to cancel service contracts and claim for compensation for any decrease in value of the product or service.
- Fair Trading Act
The Fair Trading Act 1986 protects you against being misled or treated unfairly by traders or shops. The Act prohibits what is called "misleading or deceptive conduct, false representations and unfair practices". It also sets out when information about certain products must be disclosed to consumers, and helps ensure products are safe. The Act applies to everyone in trade. As well as traders and shops, the Act covers government agencies and state-owned enterprises. Most of the Act does not cover private sales.
The difference between the Fair Trading Act (FTA) and the Consumer Guarantees Act (CGA) is that, in general, the FTA covers claims about products and services prior to sale and the CGA covers the quality of those products and services after they have been bought.
Your Rights
- If you are told things by a shopkeeper that give you a false impression about goods you are buying, then you have been misled or deceived. For example, if you discover that bags advertised as leather are actually vinyl, or if you buy faulty goods and the shopkeeper incorrectly tells you that you are not legally entitled to a refund, replacement or repair.
When information given to you about goods and services is not true, then a false claim has been made. For example, if you buy a shirt with a "Made in Italy" label and find it actually came from a factory in Korea.
The word "representations" covers any situation where a trader claims something about their product or services, either verbally or in writing. It can even cover cases where a trader doesn't say something. For example, neglecting to mention that prices exclude GST.
Unfair practices are selling methods which mislead you. Unfair practices which are illegal under the Fair Trading Act include:
- - Offering prizes or gifts without intending to supply them, or not supplying them as offered.
- - Bait advertising - when a seller advertises particular goods or services at a particular price, and doesn't intend supplying or selling reasonable quantities at that price.
- - Making misleading claims about business activities. For example, claiming you can make $1000 a week selling cosmetics from home, in circumstances where you would have to work about 20 hours a day, 7 days a week to make that sort of money.
Industry Rules, Regulations and Legislation
- Health & Safety in Employment
The object of the Health and Safety in Employment Act 1992 is to promote the prevention of harm to all people at work, and others in, or in the vicinity of, places of work. The Act applies to all New Zealand workplaces and places duties on employers, the self-employed, employees, principals and others who are in a position to manage or control hazards. The emphasis of the law is on the systematic management of health and safety at work. It requires employers and others to maintain safe working environments, and implement sound practice. It recognises that successful health and safety management is best achieved through good faith co-operation in the place of work and, in particular, through the input of those doing the work.
The Department of Labour administers and enforces the HSE Act in most workplaces.
It seeks to achieve that firstly by recognising that:
- Constructive employment relationships generate safe and healthy workplaces.
- Those involved in the work (employers, employees etc) are usually best placed to decide on the particular measures to make their own workplace safe.
- The only sure way to do that is by systematic management of all hazards.
These principles are supported by specific arrangements that:
- Reinforce the primary responsibility as being that of the employer or other person responsible for the work.
- Acknowledge that employees too have responsibilities to themselves and others.
- In bringing those two sets of responsibilities together, require good faith cooperation between employers and employees.
- Have the expectation that employee participation in health and safety issues will bring to bear readily available knowledge on the issues.
The Maritime New Zealand and Civil Aviation Authority administer and enforce the Act in the maritime and aviation sectors respectively. New Zealand Police works with the Department to enforce the Act in relation to commercial vehicles.The HSE Act was first passed in 1992, but was reviewed and amended substantially in 2002.
- Council By-Laws
Every boat, even a kayak or small sailing boat, has a person in charge who is called the skipper (or in legal terms, the master). The skipper is legally responsible for complying with the maritime rules and bylaws, and with relevant regulations relating to the use of the boat and to people on board.If you have an accident, ignorance of the law is not accepted as an excuse. In serious cases, heavy fines and prison are possible for breaches of maritime rules. Minor infringements are subject to infringement notices and fines.
Almost all rules about behaviour on the water apply to both recreational and commercial vessels alike, with additional requirements for skipper qualifications and vessel standards applied to craft operating commercially
- Dangerous Goods
Marine protection rules aim to prevent the disposal of waste and marine pollution from ships. Marine protection rules implement international conventions and standards. These rules regulate:
- - dumping of waste at sea
- - oil spill contingency plans
- - controls in relation to harmful substances
- - Plastics – not permitted
- - Oily water – only if less than 15mg/L oil – use oil absorbent cloth to filter
- - Food waste – must always be reduced to a size under 25mm and should only be discharged over 3 miles from shore
- - Untreated sewage – only if more than 500m from land, a marine farm, mataitai reserve, or more than 200m from a marine reserve – water must always be deeper than 5m
- - Treated sewage – only if more than 500m from a marine farm or mataitai reserve.
Trailer Service Regulations
- Land Transport Rules and Regulations
Trailers come in many shapes and sizes. Pulling a trailer requires extra care and attention. A trailer puts extra weight on your vehicle and increases the space you need to drive and stop safely. Trailer safety involves some simple and important rules. A trailer must be registered and licensed before it can be used on the road.
Before using your trailer, make sure it is in safe operating condition. Inspect the lights, tires, brakes (if equipped), bearings, safety chains and hitch.. The law requires brakes on trailers that weigh 1360 kg (3000 lb) or more.
You must have two separate means of attachment between your vehicle and the trailer. Safety chains should be crossed under the tongue to prevent the tongue from dropping to the road should the primary hitch accidentally disconnect. It is recommended that chain hooks have latches or devices that prevent accidental disconnect. The breaking strength of each chain should equal the gross weight of the towed trailer.
TTEC4852 Marine Business Assignment
- By Shane McCann
\
