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1. Copyright Licensing Limited v Universities of NZ [2014] NZCOP 1 [pdf, 79 KB]

   ...fact, CLL’s application for preservation of documents was settled in September 2013 on the basis that the documents sought would be preserved. Second, I was informed by Mr Brown at the hearing that CLL had made Offical Information Act (“OIA”) requests against information held by all 8 Universities. At the time of the hearing, 4 had complied with those requests, and the others were expected to do so. I take from that that the scope of discovery has been somewhat restricted, but perha...

2. NM v YN Ltd [2024] NZDT 676 (24 July 2024) [pdf, 231 KB]

   ...the newly installed 75 kw Fast Chargers. We have not seen this issue on the older 50 kw Tritium chargers. [6] A further comment, from CA of [the electric car company], was that [the car’s manufacturers] had asked [the electric car company] to inform its customers not to use fast chargers for their [type of hybrid car] because such use could cause vehicles to throw up fault codes and, in some cases, “Limp Mode” had resulted whereby power in vehicles was reduced. [7] NM provided...

3. Legal Complaints Review Officer v Hong [2015] NZLCDT 27 [pdf, 407 KB]

   ...2010 Mr Deliu complained to the Lawyers Complaints Service (“LCS”) about correspondence Mr Hong had sent to two barristers in Mr Deliu’s chambers, and to an instructing solicitor. The correspondence arose out of civil proceedings brought by former clients of Mr Hong, and now represented by the two barristers, in which Mr Hong was named as a respondent. Mr Hong considered the claim entirely misconceived and in his correspondence was attempting to have them withdraw it. Given...

4. 2017 NZSSAA 026 (12 June 2017) [pdf, 155 KB]

   ...which he did not declare as income when providing the information required by the Ministry to establish his eligibility for benefits. Conclusions [62] Mr XXXX failed to provide evidence to directly determine his income for the 2012 period as requested by the Ministry, either at the time it was requested or at the hearing. The financial records for the 2011 and 2013 years are the best indication of the results for 2012. Mr XXXX neither provided evidence of the actual income, n...

5. [2020] NZEmpC 194 Samuels v Employment Relations Authority [pdf, 268 KB]

   ...were not put to him for comment and which have caused damage to his reputation. [9] The claim as originally drafted has been substantially whittled down, and three questions are now in focus: (a) Did the Authority have jurisdiction to request the contract between Mr Samuels and his client and to take it into account when determining an appropriate award of costs to Ms Lang? (b) Did Mr Samuels have the right to natural justice on the question of costs payable to Ms Lang?...

6. [2022] NZACC 13 – Gilligan v ACC (26 January 2022) [pdf, 341 KB]

   ...like her symptoms are coming from her shoulder and are more likely to be coming (sic) adhesive capsulitis than from her neck. [14] At this point no further arrangements were made for a return consultation. [15] The appellant’s osteopath requested approval from ACC for more treatment sessions. In a report of 16 February 2017, ACC’s physiotherapist clinical advisor, Mr Thompson, found that a clear causal link between the current need for treatment and the injury sustained on...

7. [2011] NZEmpC 27 C v Air Nelson [pdf, 229 KB]

   ...front of him. The second statement elaborates on the matters contained in the first statement. So far as C is concerned, he and FO, as part of the police inquiry arising out of the circumstances, also made statements to the police. I was informed by counsel that these statements were not inconsistent with the statements they made to ANL. [13] In respect of the statements to the police, FA later took a curious stand during the employment inquiry by Mr Hambleton into the conduct...

8. Deputy Registrar - Taupo 24A and Taupo 24B (2011) 25 Taitokerau MB 296 (25 TTK 296) [pdf, 123 KB]

   ...requisition would not normally require the full treatment of a reserved decision, because of the circumstances of Taupo 24A, it is necessary. Titles to Taupo 24A and 24B [2] Taupo 24 was a block of Māori freehold land of in excess of 900 acres that formed the western headland of the Whangaroa Harbour. On 10 March 1917 the Court partitioned Taupo 24 creating Taupo 24A, comprising 1 acre and being a wahi tapu containing an urupa, and Taupo 24B, being the balance of the block that...

9. [2022] NZACC 97 – Gimenez v ACC (19 May 2022) [pdf, 246 KB]

   ...abnormality. [5] On 23 February 2017, the appellant was seen by Mr Gary McCoubrey, Consultant Orthopaedic Surgeon, who reported that the appellant probably had midcarpal instability. The appellant was referred for an MRI arthrogram to seek more information on his wrist ligaments. [6] An MRI was carried out on 13 April and the Radiologist’s report from Dr Mekile showed: a. A tear of the central TFC (triangular fibrocartilage) measuring 4mm from side to side and 4mm from ante...

10. Monschau v Bamber – Tahorakuri A No1 Section 33A2 (2015) 125 Waiariki MB 260 (125 WAR 260) [pdf, 208 KB]

    ...Curtis.Bidois@eastbrewster.co.nz mailto:michael@michaelsharp.co.nz mailto:Curtis.Bidois@eastbrewster.co.nz 125 Waiariki MB 261 [1] This is a claim by trustees of an ahu whenua trust for monies owed to the co-owners prior to the formation of the Trust. [2] For the purposes of this decision I will presume that the Plaintiff must succeed. The issue that I am now concerned with is whether or not I have jurisdiction to hear the claim. [3] The pivot point of the claim...