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1. Recording Industry Association of New Zealand v Telecom NZ 4451 [2013] NZCOP 15 [pdf, 146 KB]

   ...Respondents wished to be heard by the Tribunal or would be content to have the application dealt with on the papers, the Respondents sent the following email: “Please deal with on papers; what choice do we have; pretty difficult to argue with the legal resources they have. Thanks …” Applicant’s Reply [18] In reply, the Applicant emphasised that the Respondents had been found to be uploading copyright material via uTorrent in each of the three alleged infringements. 4...

2. Fenwick - Whakapoungakau 24 (2011) 45 Waiariki MB 252 (45 WAR 252) [pdf, 137 KB]

   ...regardless of the outcome of the present proceedings, the owners represented by Mr Kīngi were continuing with their appeal in the Court of Appeal to have all of the trustees removed. As foreshadowed, it may be sensible, taking into account the resources of the trust and the significant calls that have already been made on the Special Aid fund, to defer any further meeting of owners until the appeal is determined. Decision [42] George Habib is appointed a responsible trustee by way...

3. Galilee - Maungakawakawa Roadway (2011) 33 Taitokerau MB 64 (33 TTK 64) [pdf, 139 KB]

   ...Hyland had formed part of the roadway in an area that was highly sensitive ecologically. That is, he was concerned about activities that had an impact on the environment. In my view, Mr Galilee‟s concern is a matter that is addressed by the Resource Management Act 1991 (“1991 Act”) and not the 1993 Act. The question of what the owners and users of the roadway are entitled to do by way of construction and maintenance works will be

4. [2016] NZEmpC 18 Saomai v Prestige Demolition Services Ltd [pdf, 122 KB]

   ...and seeks a dispensation from the requirement for certification under sub-rr (2) and (3). He submits that because Mr Saomai is not represented by a solicitor (but, rather, by a lay advocate) and because the applicant does not have the financial resources or other ability to engage a lawyer, an exemption should be granted. Legal aid (and particularly an emergency grant) may be available to an applicant, but I will not speculate on that as it has not been referred to on the papers f...

5. Tan v Chief Executive Ministry of Social Development (Non Party Access to Tribunal File) [2016] NZHRRT 2 [pdf, 69 KB]

   ...terms of the Act had lent the process a quasi-judicial character and the requirement of observing the principles of natural justice had resulted in an elaborate and protracted system of provisional and final opinions. The length of the process and the resources consumed led the Re- Evaluation team to recommend a conciliation process to be carried out principally by staff rather http://www.westlaw.co.nz/maf/wlnz/app/document?docguid=I5b8b680ee02c11e08eefa443f89988a0&&src=rl&hitg...

6. Moeahu v Winitana - Waiwhetu Pa No 4 (2014) 319 Aotea MB 166 (319 AOT 166) [pdf, 164 KB]

   ...relief. 7 While there is specific statutory authority enabling the Court to grant relief, that remedy is not lightly given: in re: Tauhara Middle 4A2B2 C-Opepe Farm Trust.8 In this decision Judge Savage was critical of trustees who had used trust resources incorrectly even though they had relied on advice. [27] The Judge noted with concern the attempt by trustees to stand behind a legal opinion provided to them confirming that their proposed actions would not be in breach of t...

7. Gillard v CAC 20003 [2014] NZREADT 4 [pdf, 132 KB]

   ...complainants a copy of that former consent as well as a LIM report with details of restrictive covenants. Essentially, it seems that the land is zoned rural, and before a dwelling house could be built on it, there needed to be a new consent under the Resource Management Act. The restrictive covenants applied to aspects of building work permitted on the land and the type of land use. We understood that there could be no intensive farming activity, such as the raising of poultry or pigs....

8. Tan v CAC20005 & Anor [2015] NZREADT 12 [pdf, 199 KB]

   ...vehicle access along that side to the back of the property. When they discovered the issue, they elected to affirm the contract, constructed a new access way from a different approach, and then claimed the costs of the new access way, including the resource consent, from the agent. 4.16 The High Court held that the Act does not give a CAC the power to order a licensee to pay compensatory damages, either by way of indemnity or for loss of expectation. This is exactly what the appellant...

9. Hollis v ACC [2014] NZACA 2 [pdf, 55 KB]

   ...Income from the grant or renewal, or from the sale or other disposition, of any right relating to— (i) The operation of any mine or quarry; or (ii) The extraction, removal, or other exploitation of any standing timber or of any natural resource; or (iii) The taking in any other manner of profits or produce from land; or (f) Income from any easement affecting land; or (g) Income from payments of any kind made as consideration for— (i) The sale or other dispositio...

10. BORA Customs And Excise Amendment Bill [pdf, 419 KB]

    ...power raises issues under section 21 of the Bill of rights Act, we consider that the power appears reasonable. In reaching this conclusion, we recognise that there is a need to strengthen risk management at the border, thereby maximising the limited resources available and ensuring that agencies work together towards the government’s border outcomes rather than focusing on limited classes of border activity. We consider, however, that despite the fact that expectations of privacy are low...