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1. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...and that it must consider the three matters listed at subclause (3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [52] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.1 Those cases show that “flagrant” copyright infringemen...

2. Kemp - Pouto Topu A (2012) 51 Taitokerau MB 277 (51 TTK 277) [pdf, 146 KB]

   ...6 Eriwata v Trustees of Waitara SD Section 6 and 91 Land Trust (2005) 15 Whanganui Appellate MB 192 (15 WGAP MB 192) and Te Hokowhitu v Proprietors of Matauri X (2010) 2010 Māori Appellate Court MB 566 (2010 Appeal 566). 7 Ibid. 51 Taitokerau MB 285 [35] The test to ascertain whether the learned judge properly exercised his discretion whether to grant the injunction or not, is that which applies to permanent injunctions. [36] Mr Taylor

3. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...test for acting honestly was whether the trustees had acted as an honest person would have acted in the circumstances. According to re Grindey, Clews v Grindey reasonably means reasonably as a trustee. 12 [29] In Wong v Burt the Court of Appeal put it this way: 13 In our view, this is not a case where the trustees can claim the protection of s 73 of the Trustee Act 1956. The expression “honestly and reasonably” is conjunctive. It was not merely unreasonable – it was...

4. CAC20002 v Lloyd [2013] NZREADT 20 [pdf, 54 KB]

   ...21 days thereafter. 3. Any response by the Real Estate Agents Authority to the submissions of Mr Waymouth (but strictly in reply) are to be filed within a further seven days. [25] The Tribunal draws to the parties’ attention the right of appeal to the High Court contained in s 116 of the Real Estate Agents Act. DATED at AUCKLAND this 11th day of March 2013 ______________________________ Ms K Davenport Chairperson _____________________________ Ms N Dange...

5. Hawkes Bay Standards Committee v M [2013] NZLCDT 1 [pdf, 172 KB]

   ...There were some other grounds cited,2 but the two matters noted above are at the heart of the application for dismissal, on the basis that it would be unfair and a 1 For example see the Court of Appeal in McMenamin v Attorney General [1985] 2 NZLR 274; and Chow v Canterbury District Law Society [2006] NZAR 160 at [15]; and the Tribunal’s power under s 252 Lawyers and Conveyancers Act 2006. 2 Mr M also alleges “suspicion and goss...

6. DA v EB LCRO 7/2013 (3 December 2014) - Penalty and Costs [pdf, 62 KB]

   ...… [but] not grudging”13 Orders in accordance with the usual practice of this Office when making orders to compensate for anxiety and stress caused by a failing in a practitioner’s conduct. Censure – s 156(1)(b) [32] The Court of Appeal discussed censure in the disciplinary context of s 156(1)(b) in New Zealand Law Society v B describing censure as a:14 … formal or official statement rebuking a practitioner for his or her unsatisfactory conduct. A censure … Is like...

7. VP v Canterbury Westland LCRO 323 / 2012 (22 May 2013) [pdf, 121 KB]

   ...perspective, a client, specifically one who is emotionally or financially vulnerable, might seek to initiate an intimate relationship with her or his lawyer for the purpose of gaining the lawyer’s favour and to try to persuade the lawyer to take an appeal against conviction and/or sentence against earlier advice not to... D. Mr VP’s conduct [22] In considering this issue, the Committee made several comments relevant to its position:9 46. At all material times, Ms [AK] presented...

8. [2018] NZEnvC 023 Royal Forest Bird Protection Society of NZ Inc v Northland Regional Council [pdf, 4.2 MB]

   ...measure that might be discovered in the future, while nevertheless accepting that at the present time the outlook for infected trees is bleak. Use of the Biosecurity Act [20] Councils in the upper North Island are faced with this issue. There is an appeal .on the subject against the proposed Thames-Coromandel district plan, which is part heard before the Environment Court. Other councils, such as Auckland, appear to be taking alternative approaches. We commend the Northland Regional...

9. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...child. The Ministry of Social Development (MSD) has advised that the DPB rate is equivalent to the widow’s benefit. 1 In applying section 5, we have had regard to the guidelines set out by the Court of Appeal in Ministry of Transport (MOT) v Noort [1993] 3 NZLR 260 Moonen v Film and Literature Board of Review [2000] 2 NZLR 9; and Moonen v Film and Literature Board of Review [2002] 2 NZLR 754 and Supreme Court of Canada’s decision in R v...

10. BORA Substance Addiction (Compulsory Assessment and Treatment) Bill [pdf, 325 KB]

    ...detention and treatment without a final determination of the court should be 14 days. [10] We raised this issue with officials from the Ministry of Health during the drafting of the Bill. 47. Turning to the question of arbitrariness, the Court of Appeal has stated that a detention is arbitrary when it is “capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures.” [11] The length of de...