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1. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   ...Tribunal now turns to consider each of those matters. 4 See for example, [2013] NZCOP 2 at para 64. 11 Regulation 12(3)(a) – the flagrancy of the Infringement [67] 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 1994.5 Those cases show that “flagrant” copyright infringe...

2. CAC20006 v Stevenson [2013] NZREADT 56 [pdf, 76 KB]

   ...Committee within 21 days of the date of this order. • Any reply by Mr Stevenson 21 days thereafter. • Any reply by the Complaints Assessment within a further 5 days of this order. [50] The Tribunal draws the parties’ attentions to the appeal provisions contained in s 116 of the Act. ______________________________ Ms K Davenport QC Chairperson ______________________________ Mr G Denley Member ______________________________ Ms N Dangen Member...

3. CAC 10031 v Lum-On [2012] NZREADT 30 [pdf, 144 KB]

   ...of this order. Mr Lum-On to file any submissions he wishes to make 10 days thereafter and the Complaints Assessment Committee to reply two days thereafter. [44] In accordance with s 113 of the Act the Tribunal advises the parties of the right to appeal this decision to the High Court pursuant to s 116 of the Act. DATED at WELLINGTON this 1st day of June 2012 ______________________________ Ms J Robson Member ______________________________ Mr G Denley Member...

4. Auckland Standards Committee v Fendall [2012] NZLCDT 1 [pdf, 92 KB]

   ...9 In Bolton v Law Society, supra, and as noted in [38] above 10 [1998] 1 NZLR 750 at 758 lines 32 - 46 11 See Waikato/Bay of Plenty District Law Society v Harris [2006] 3 NZLR 755 at 780 para 121 (Court of Appeal) 10 by her errors totalling $17,366 out of total billings over the period of $1,210,000, and the fact that the errors occurred on relatively few days compared to the number of days examined in the 31 month period covered by the audi

5. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...with the prosecution and that both defendants are remorseful. [59] Accordingly, we hereby order that the licence of each of them is forthwith cancelled. [60] Pursuant to s 113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s 116 of the Act. [2016] NZREADT 12 - Zhou and She 13 ______________________________ Judge P F Barber Chairperson ______________________________ Ms N Dangen Memb...

6. CAC 20004 v Campbell [2014] NZREADT 28 [pdf, 129 KB]

   ...clarify the merits of this complaint. [62] We confirm the finding we delivered after the hearing at Thames on 3 April 2014 that this charge is dismissed. [63] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr J Gaukrodger Member __________________________...

7. CA v XU LCRO 196 / 2010 (18 May 2011) [pdf, 157 KB]

   ...and her son. He then goes on to say: This was evidenced by a letter of instruction that was prepared by the lawyers and signed by Mouat. Moreover, Mouat was advised on three further occasions that independent advice was recommended. The Court of Appeal found that this consent was not adequate to relieve the lawyers of their duty of loyalty. 1 The basis for the decision was that the conflict was so great it was impossible to act adequately for both clients. This view had been sugg...

8. 2009-10 to 2011-12 Ministry of Justice statement of intent [pdf, 528 KB]

   ...Treaty Negotiations. OPERATIONAL SERVICES The Ministry delivers the following operational services for all New Zealanders on behalf of the Government: 8 administration, case management and support services to the Supreme Court, Court of Appeal, High Court and District Courts, including the Family Court and Youth Court resolution of court-imposed monetary penalties (including reparations) and infringement fines issued by prosecuting authorities, enforcement and completion of c...

9. AM v AN LCRO 69/2013 (19 December 2014) [pdf, 134 KB]

   ...has broad powers to conduct her own investigations, including the power to exercise for that purpose all the powers of a Standards Committee or an investigator, and seek and receive evidence. The statutory power of review is much broader than an appeal, and gives the LCRO discretion as to the approach to be taken on any particular review and the extent of the investigations necessary to conduct that review. Review Issue [29] The question on review is whether there is any good rea...

10. XB & XC v A North Island Standards Committee LCRO 207-208 / 2012 (10 June 2013) [pdf, 163 KB]

    ...penalties to each individual breach as the facts out of which the adverse findings have been made, apply equally to the breaches of each provision. Censure [52] The Standards Committee censured both lawyers. [53] In NZLS v B the Court of Appeal noted: 19 A censure or reprimand, however expressed, is likely to be of particular significance in this context because it will be taken into account in the event of a further complaint against the Practitioner in respect of his or her...