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

   ...in its Reply the means by which Slingshot says that it forwarded the infringement notices to the Respondent. The Applicant submitted that there had been proper notification of the three infringement notices. No Hearing [23] Neither party has requested a hearing, and the Tribunal sees no need to convene one. Accordingly, the application is being determined on the papers pursuant to s.122L of the Act. Discussion and Findings Presumptions [24] Section 122N of the Act provides th...

2. Trustees in the Section 14 Block XIII Tautuku Trust v Cairns - Part Section 3 Block XIII Survey District (2015) 29 Te Waipounamu MB 48 (29 TWP 48) [pdf, 202 KB]

   ...of Section 6A Block XIII Tautuku Survey District. These two blocks have the status of General land, and are administered by the Tautuku Waikawa Lands Trust. [7] From 1999-2003, the Heads Block was leased by Richard and Elizabeth Cairns on an informal basis. In 2003 the Cairnses entered two formal lease agreements to lease the Heads Block and the Hayes Block from the relevant trusts. The Yorkes Block was later incorporated into the Hayes Block lease and rent payments were adjusted ac...

3. [2013] NZEmpC 246 Dunn v Waitemata DHB [pdf, 147 KB]

   ...barrier to his successful occupational rehabilitation, Dr Kenny stated that the major barrier was the current proceedings resulting from the personal grievance and consequent employment mediation. [10] On 19 August 2008, the WDHB wrote to Mr Dunn requesting that he provide notification as to his intention to return to work. Not receiving a reply, the WDHB wrote again to Mr Dunn on 9 September 2008, informing him that if no reply was received, the WDHB would assume that he did not...

4. LCRO 205/2016 EK v IQ (15 October 2018) [pdf, 169 KB]

   ...legal work to put in place the management structure that Mr EK wished to have his development operate under. [46] Specifically, he says that he wanted to operate his business under the vehicle of a limited partnership, and that Mr IQ himself had informed Mr EK, that he (Mr IQ) had no experience of having set up such a partnership. [47] Mr EK’s concerns were, he says, amplified when he received documentation from Mr IQ. In Mr EK’s opinion, the document received was simply a temp...

5. [2017] NZEnvC 159 Hokio Trusts v Manawatu Wanganui Regional Council [pdf, 4 MB]

   ...would otherwise be the case. The Applicant contended (in summary): • That the Court broadly accepted the findings of the independent hearing panel; • That Appellants had failed to undertake a "hard-headed analysis,,6 which would have informed them that their case lacked merit in a number of respects and that they were at risk of costs; • There were changes to the Appellants' case during the course of the appeal NOE pages 317 - 328. NOE page 357. Applicant...

6. [2015] NZEmpC 219 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 108 KB]

   ...sustainable claim in litigation by the Union. [9] Next, and allied to that, is the Union’s claim for compensation for past losses as a result of the unlawful lockout of the second plaintiffs, and other employees at Wairoa and Horotiu. These claims to remuneration are not included in the statement of claim in this Court and so may have to be either the subject of an application for leave to amend the statement of claim or the subject of fresh proceedings issued in the Em...

7. [2020] NZEmpC 125 Smith v Fletcher Concrete & Infrastructure Ltd [pdf, 215 KB]

   ...company was inadequate and contrary to s 103A(3) of the Act, including that Fletcher Concrete: (a) failed to put the actual concern to Mr Smith; (b) failed to provide him with statements of other employees that were critical to the matter; (c) formed a view as to Mr Smith’s general approach to health and safety, without advising Mr Smith of that or giving him an opportunity to comment on it; (d) failed to consider the competing policies; and (e) failed to consider the res...

8. Director of Proceedings v Buist [2015] NZHRRT 28 [pdf, 42 KB]

   ...annexed and marked “A”. [3] The Consent Memorandum is in the following terms: MAY IT PLEASE THE TRIBUNAL 1. The plaintiff and defendant have agreed upon a summary of facts, a signed copy of which is filed with this memorandum. 2. The plaintiff requests that the Tribunal exercise its jurisdiction in respect of the following matters: (a) A declaration pursuant to s 54(1)(a) of the Health and Disability Commissioner Act 1994 (“the Act”) that the defendant has breached the Heal...

9. Auckland Standards Committee 5 v Ellis [2020] NZLCDT 16 (8 June 2020) [pdf, 98 KB]

   ...reputation of, and trust in, the profession. As we have indicated, this would normally result in your temporary or permanent removal from the profession, however that has already taken 6 place. We record a formal censure against you which forms part of your permanent record as a lawyer. Orders 1. A censure is administered as set out above. 2. There will be a s 257 order that the costs of the Tribunal in the sum of $2,393 will be paid by the New Zealand Law Society. 3....

10. Cotter - Okaihau No 3C No 2 (2014) 32 Takitimu MB 168 (32 TKT 168) [pdf, 121 KB]

    ...expected to attend a trustees’ hui to sit with persons who were seeking his removal. He went on to make statements about safety concerns. Application for adjournment [5] By email of even date received before 9am Mr Church, counsel for Mr Puriri, requested an adjournment of the fixture for 2.15pm on the basis of lack of notice. The case manager Mrs Matthews confirmed that Mr Puriri had been sent a notice of the hearing and had been provided with a copy of the application for remo...