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1. Recording Industry Association of New Zealand v Telecom NZ 3728 [2013] NZCOP 8 [pdf, 228 KB]

   ...and the enforcement notice was issued on 14 January 2013. The Application was filed with the Tribunal on 17 February 2013. The Respondent has not filed any submissions, nor has she communicated with the Tribunal in any way. [8] Neither party has requested a hearing, and the Tribunal does not consider it necessary to convene one. Accordingly, this matter is determined on the papers in accordance with s.122L of the Act. Infringement [9] Infringement is defined as “an incidence of...

2. HR v OW & CT LCRO 79/2014 (8 September 2015) [pdf, 299 KB]

   ...a capable and experienced lawyer. [16] The lawyers’ litigation expertise is not a contentious aspect of this review. It is their inattention to their professional obligations that is problematic. There is no dispute that it was Ms OW who requested, received, and was shocked by, Mr HR’s fees. Ms OW’s suggestion that she can be excused from compliance with rule 12.2 because she was an employee of [Law Firm A] is troubling because of its inconsistency with the plain wording...

3. Tuumotooa v Tangilanu [2014] NZIACDT 101 (01 October 2014) [pdf, 189 KB]

   ...Justice website: www.justice.govt.nz). [2] In summary the circumstances giving rise to the complaint were: [2.1] Ms Tangilanu lodged a visa application with Immigration New Zealand for the complainants, [2.2] Immigration New Zealand made a routine request for information, [2.3] The complainants provided the information to Ms Tangilanu, [2.4] Ms Tangilanu did not pass the information to Immigration New Zealand, [2.5] The complainants’ application failed as the Ms Tangilanu did not...

4. Guest v New Zealand Law Society [2009] NZLCDT 16 [pdf, 95 KB]

   ...Tribunal on 7 July 2009. [3] Mr Guest had sought to exclude the evidence relating to his period of employment between 1989 and 1991 on the grounds that there was a confidentiality agreement entered into between himself and the partners of his former employer relating to the ending of his employment. In addition, Mr Guest proposed to mount arguments based on ss. 53 and 57 of the Evidence Act 2006 that privilege surrounded the circumstances of his Tauranga employment coming to an e...

5. [2021] NZREADT 01 - Walker (14 January 2021) [pdf, 237 KB]

   ...advertising the property; [b] misled attendees at open homes as to their price expectations for the property; [c] failed to remove a clause (cl 21) from the pre-auction offer which the prospective purchasers wanted removed and the appellants requested it be removed; 1 Although only Mrs Walker is identified as appellant in the Notice of Appeal, her correspondence and submissions clearly refer to both herself and Mr Walker. [d] failed to organise a meeting between themse...

6. [2021] NZREADT 05 - Ogilvie (22 January 2021) [pdf, 232 KB]

   ...suggested before Ms Ogilvie indicated her intention to apply for leave to cross- examine witnesses. The Case Manager will now make enquiries as to the availability of a courtroom at a later date – likely to be in March 2021. The parties are requested to advise the Case Manager of any unavailability during that period. [31] Pursuant to s 113 of the Act, the Tribunal draws the parties’ attention to s 116 of the Act, which sets out the right of appeal to the High Court. The proce...

7. [2019] NZREADT 51 - Patel - Ruling (25 November 2019) [pdf, 156 KB]

   ...appointing a solicitor, Mr Hoffman-Body, to act as vendor on the sale of the property. Mr Hoffman-Body was authorised to list the property for sale with an appropriate real estate agent, accept any appropriate purchase price, sign any necessary forms, incur any necessary expenditure to effect a sale, pay his own and any other incidental costs out of the sale proceeds (including the mortgage), and take all necessary steps to carry out the order that the property be sold. [5] Mr Hoff...

8. [2021] NZACC 64 - Kingi v ACC (20 April 2021) [pdf, 167 KB]

   ...HENARE [Entitlement to surgery Section 64 and Schedule 1 Accident Compensation Act 2001] ____________________________________________________________________ [1] The appellant, Airini Kingi challenges a decision of the Corporation declining a request for funding for surgery, a tendon transfer tibialis posterior repair of her right ankle. [2] The Corporation declined the request on the basis the condition requiring surgery was not caused by Ms Kingi’s covered injury suffered o...

9. 2023-09-26-Evidence-of-John-McArthur-Flooding.PDF [PDF, 248 KB]

   ...identified in my s198D Report have been resolved through Waka Kotahi evidence, expert conferencing and mediation. (b) A response to section 274 party evidence. (c) Conditions. [8] In preparing this evidence I have reviewed the following information: (a) The Hydrology and Flooding Technical Assessment by Andrew Craig attached as Technical Assessment F to the Assessment of Effects on the Environment for the Project. (b) The s87F Hydrology and Flooding Assessment of Peter Kinle...

10. 2023-10-10-Rebuttal-Evidence-of-N-Goldwater-Terrestrial-Ecology.pdf [pdf, 303 KB]

    ...addressed. Higher standards need to be applied to offset planting because they are required to address residual ecological effects. 10. I acknowledge that throughout large parts of the Project area, terrestrial and freshwater offset planting will form large contiguous areas of habitat with landscape and natural character planting, which over time may become indistinguishable from each other in some areas. This is what Ms Geary refers to when she discusses the “whole of landsca...