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1. Recording Industry Association of New Zealand v Teleom NZ 2592 [2013] NZCOP 1 [pdf, 75 KB]

   ...definitely enforce the consequences behind doing so”. [14] There is insufficient evidence before the Tribunal for it to make detailed findings on these factual issues. That is the nature of a decision being made on the papers. On the basis of the information available to it, however, together with the statutory presumption that each incidence of file sharing identified in an infringement notice constitutes an infringement of the right owner’s copyright in the work, the Tribunal is...

2. Te Paa - Ahipara A33 (2012) 47 Taitokerau MB 3 (47 TTK 3) [pdf, 112 KB]

   ...argued that clause 26 only applied to the quorum present at a meeting. I disagree. The wording of clause 26 clearly requires the unanimous agreement of all trustees. This is also consistent with the owner’s understanding when the trust was formed: Tui explained that when the Court constituted the trust Judge Spencer warned the owners of the potential problems with the requirement for unanimous decisions but the owners insisted on this approach. 1 [10] Because of the failure t...

3. Edgecombe - Estate of Taiawhio Waaka (2012) 19 Takitimu MB 165 (19 TKT 165) [pdf, 260 KB]

   ...19 Tākitimu MB 173 [28] Dr Smith’s report notes; a. In customary practice, a whāngai could be allocated land by the adopted parents, but the allocation could only be permanent if there was endorsement from the hapū. 6 b. Some forms of customary tikanga were still practiced in the twentieth century for the purposes of reinforcing whakapapa links between groups and for individuals to succeed to land interests on behalf of particular whānau. 7 c. Whāngai practice...

4. Busby - Okokori B (2012) 50 Taitokerau MB 9 (50 TTK 9) [pdf, 120 KB]

   ...Management Act 1991. In fact, the sections Mr Burgoyne quoted were repealed and substituted by s 124 of the Resource Management Amendment Act 1993. In any event, Mr Burgoyne’s point in referring to these sections appeared to be that he asserted some form of right to an esplanade reserve over Okokori B. This apparently relates to the access issue (which I address next). There is no basis to this ground of opposition. The creation of a Māori reservation over part of a block of l...

5. Varsanyi v CAC 10048 & McMillan [2012] NZREADT 78 [pdf, 125 KB]

   ...November 2010, an offer at $500,000 was made by the Hibbert family for the property with settlement and possession on 14 December 2010. The licensee had previously sold a property on behalf of the Hibberts. [5] On 21 November 2010 the licensee informed the appellant by email (because the appellant was still in Bali) that another party, the Cottinghams, were interested in the property and that she had told them there was another offer on the table, but the Cottinghams did not want to m...

6. Orsborn v CAC 20006 & Warwick Collier & JVL Prestige Realty Ltd [2012] NZREADT 73 [pdf, 51 KB]

   ...vendors of the property signed a sole agency agreement with the agency for the sale of the property. [6] The licensee prepared advertising material for the sale of the property. Before the Committee, the licensee stated that he had sourced some information from RPNZ, which showed that the property had a rateable value of $435,000. However, the vendors insisted that the rateable was $460,000 and produced a 1 April 2011 rates invoice from Manawatu District Council to confirm the higher...

7. [2014] NZEmpC 167 Rothesay Bay Physiotherapy (2000) Ltd v Pryce-Jones [pdf, 123 KB]

   ...is successful. Although this is not elaborated on in any further detail, I am confident that these very well recorded events in the Authority and this Court would be persuasive grounds to be put before the Commissioner of Inland Revenue with a request to reassess tax decisions, if it comes to that. Alternatively, there is sufficient flexibility in the orders for compensation that the Authority and the Court can make, to compensate for any such losses if they are otherwise irremedi...

8. ENVC Hearing 6Oct14 AT evidence chief legal submissions [pdf, 199 KB]

   In the Environment Court of New Zealand Auckland Registry ENV-2013-AKL-000174 Under the Resource Management Act 1991 (the Act) In the matter of a Notion of Motion under Section 87G requesting the granting of resource consents to Waiheke Marinas Limited to establish a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf Outline of Legal Submissions for Auckland Transport Dated 20 October 2014 KENSINGTON SWAN 89 The Terrace Ph +64 4 472 7877 PO Box 10246 Fax +64 4...

9. ENVC Hearing 6Oct14 DM local Susan McCann [pdf, 115 KB]

   BEFORE THE ENVIRONMENT COURT IN THE MATTER of a notice of motion under section 87G of the Resource Management Act 1991 (Act) requesting the granting of resource consents to Waiheke Marinas Limited to establish and operate a marina at Matiatia Bay, Waiheke Island, in the Hauraki Gulf ENV-2013-AKL-000174 (DRAFT) STATEMENT OF LAY EVIDENCE OF SUSAN MCCANN (TOURISM AND TOURISM PLANNING) ON BEHALF OF DIRECTION MATIATIA INCORPORATED AND OTHERS...

10. Gemmell v Gemmell - Mohaka A4 Trust (2014) 32 Takitimu MB 174 (32 TKT 174) [pdf, 245 KB]

    ...Gemmell’s application for costs. 4 It was unclear as to who costs were being sought against so I directed that the applicant should clarify that point as soon as possible. 5 The application was then set down to be heard in July 2012, however at the request of Mr Gray it was adjourned to 7 March 2013. 6 The application was subsequently heard on 7 March 2013. 7 Counsel for the applicant made submissions in support of costs being awarded and several of the former trustees prese...