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1. Recording Industry Association of New Zealand v CAL2013-E000614 [2013] NZCOP 3 [pdf, 46 KB]

   ...found to have down/uploaded copyright works from the Internet without permission. [2] The applicant here is the Recording Industry Association of New Zealand (RIANZ) which filed the application to the Tribunal as agent for the copyright owners Universal Music Group, Inc, Societe D’Invertissements et de Gestion and EMI Records Limited. The respondent is an individual internet account holder. [3] The case concerns the uploading of sound recorded songs by means of the BitTorrent Prot...

2. MacMillan v NZ Parole Board [2013] NZHRRT 3 [pdf, 61 KB]

   ...OUT STATEMENT OF CLAIM The application [1] This is an application by the defendant that these proceedings be summarily dismissed ahead of trial on the grounds that the proceedings are clearly untenable as a matter of law. [2] In Mackrell v Universal College of Learning High Court Palmerston North CIV2005- 485-802, 17 August 2005 at [48] Wild J held that the Tribunal has a wide discretionary power to strike out or dismiss a proceeding brought before it and the exercise of this pow...

3. Fisher v Foster (Strike-Out Application) [2019] NZHRRT 54 [pdf, 184 KB]

   ...or (d) is otherwise an abuse of process. … [15] Section 115A mirrors r 15.1 of the High Court Rules 2016, which, until s 115A was inserted in November 2018, had guided the approach of the Tribunal to applications for strike out: Mackrell v Universal College of Learning HC Palmerston North CIV-2005-485- 802, 17 August 2005 at [48]. [16] The principles to be applied are clear and well established. They are set out by Richardson P in Attorney-General v Prince and Gardner [1998] 1 NZL...

4. [2021] NZEmpC 85 Wilson v Manukau Institute of Technology [pdf, 243 KB]

   ...starting salary step for other lecturers appointed at MIT’s Automotive School, as well as annual increments and pay increases. 3 See ASB Bank Ltd v Nel [2017] NZCA 558, [2017] ERNZ 879 at [17]−[18]. 4 Sawyer v The Vice-Chancellor of Victoria University of Wellington [2018] NZEmpC 25 at [28]. [12] The Court is advised that MIT’s lawyers recently provided an anonymised list of other lecturers appointed within the Automotive School during Mr Wilson’s period of empl...

5. [2025] NZEmpC 3 Singh v McKee [pdf, 210 KB]

   ...of documents, I accept Mr McKee’s submissions that the documents he exchanged with his business advisors regarding business restructuring planning and implementation in 2020 are not relevant to the 12 See generally Vice-Chancellor of Massey University v Wrigley [2010] NZEmpC 52 at [17]–[19]; Coy v Commissioner of Police [2010] NZEmpC 88, [2010] ERNZ 199 at [34]–[37]; Riyanto v Dong Nam Co Ltd (No 2) [2015] NZEmpC 85, [2015] ERNZ 732 at [37] and [39]; and Industrial Equipmen...

6. 2015 Decisions of public interest

   ...depression due to employment - Held, disadvantage grievance upheld – compensation of $1500 for humiliation, loss of dignity and injury to feelings after allowance for contributory behaviour. [2015] NZEmpC 169 Tertiary Education Union v Vice-Chancellor University of Auckland (Judgment of Judge Christina Inglis, 30 September 2015). INTERPRETATION OF CLAUSE IN COLLECTIVE AGREEMENT – whether words of agreement meant that Vice-Chancellor could not make an amendment to policy without agreement of...

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7. Lee v Whangarei District Council & Ors [2013] NZWHT Auckland 5 [pdf, 154 KB]

   Page | 1 IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-100-000017 [2013] NZWHT AUCKLAND 5 BETWEEN OLIVIA LEE Claimant AND WHANGAREI DISTRICT COUNCIL First Respondent AND K J FUNG Second Respondent AND ALTHERM ALUMINIUM NORTHLAND LIMITED Third Respondent AND NORTHLAND WATERPROOFING SOLUTIONS LIMITED Fourth Respondent AND DESIGN METAL ROOFING LIMITED Fifth Respondent DETERMINATION Dated 7 March 2013 Page | 2 CONTENTS...

8. Justice Matters - issue 14 - April 2019 [pdf, 4.5 MB]

   ...the UN panel. (Left) Michelle Bachelet, United Nations High Commissioner for Human Rights, with Ministry Senior Advisor Lauren McIntosh. Justice Matters | Ministry of Justice 7 Judge Ema Aitken in the Alcohol and Other Drug Treatment court in Auckland. Credit: Teresa Cowie, RNZ https://www.radionz.co.nz/national/programmes/insight/ audio/2018667541/the-drug-courts-on-trial Evaluating the Alcohol and Other Drug Treatment Court pilot The Ministry is evaluating the Alcohol and Other D...

9. Shi v REAA (reserved decision) [2013] NZREADT 2 [pdf, 62 KB]

   ...Estate Agents Act 2008 BETWEEN YANG SHI Applicant AND REGISTRAR OF THE REAL ESTATE AGENTS AUTHORITY Respondent MEMBERS OF TRIBUNAL Judge P F Barber - Chairperson Mr G Denley - Member Mr J Gaukrodger - Member HEARD at AUCKLAND on 5 December 2012 DATE OF DECISION 15 January 2013 APPEARANCES The applicant on her own behalf Mr M J Hodge, counsel for the respondent RESERVED DECISION OF THE TRIBUNAL The Issue [1] Should the applicant be grante...

10. E8 Craig Jones - Event Legacy - EIC - Applicant [pdf, 7 MB]

    ...MATTER of the Resource Management Act 1991 (RMA) AND IN THE MATTER of the direct referral of applications for resource consent for the necessary infrastructure and related activities associated with holding the America's Cup in Auckland BETWEEN PANUKU DEVELOPMENT AUCKLAND Applicant AND AUCKLAND COUNCIL Regulatory Authority EVIDENCE CRAIG GARETH JONES ON BEHALF OF PANUKU DEVELOPMENT AUCKLAND (EVENT LEGACY) 7 AUGUST 2018 0255 1 1. QUALIFIC...