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1. Recording Industry Association of New Zealand v Telecom NZ 3760 [2013] NZCOP 14 [pdf, 136 KB]

   ...14 days after the date of the infringement notice to which it relates.” The Copyright Act 1994 provides some flexibility as to the evidence that the Copyright Tribunal may consider. See, eg, s 215(1): “The Tribunal may receive as evidence any statement, document, information, or matter that may in its opinion assist it to deal effectively with the matters before it, whether or not the same would be admissible in a court of law.” However, s122L, which is specifically directed to pr...

2. [2013] NZEmpC 89 NZ Dairy Workers Union Inc v Fonterra Brands (NZ) Ltd [pdf, 105 KB]

   ...confirm remaining on the new roster pattern or agree to the redeployment option, there is in fact no agreement. Clause c.)(iii)(c) then comes into effect because the other options “are not agreed”. It seems illogical that the defendant would claim, in respect of this final sub-clause that a worker must proceed through redeployment (b) and yet accept that the worker prior to this may refuse to proceed through confirmation of the new roster (a). Conclusions and disposition...

3. Horan – Hiwarau C (2013) 70 Waiariki 61 (70 WAR 61) [pdf, 159 KB]

   ...[24] The matter was set down for hearing before the Court on 9 May 2012.6 During the hearing, the applicant gave evidence of her motives for filing the application. She had been approached by her aunties and uncles to pursue this matter. She also claimed to have the full support of all her whānau. Essentially, the applicant argued that the whanau consider this application necessary in order to keep the land in a trust for future generations and to have control over their lands. By...

4. Allington v REAA & Anor [2014] NZREADT 6 [pdf, 128 KB]

   ...although he did not make the licensee aware of his interest, he was prepared to make a pre-auction offer of $750,000. However, the appellant was not in a position to make an unconditional offer. [8] The licensee disputes that she made the alleged statement to the complainant/appellant about pre-auction offers less than $850,000 being inadequate. She states that she merely told those who enquired of her that the price would be higher than $650,000 and that the rateable value of the...

5. Auckland 356 Complaints Committee and Auckland No. 1 Standards Committee v Sanders [2010] NZLCDT 21 [pdf, 255 KB]

   ...Mr Sanders instructions to make the transfer of the funds to Mr P’s mother, Mr R. Mr Sanders acknowledged that he had relied on Mr P’s veracity when he pressed him about Mrs P’s agreement to the transfer, and he said he had accepted Mr P’s statement that Mrs P approved the transfer. [14] Mrs P’s evidence was that she did not give her approval to the transfer, and that it was not correct for Mr P to advise Mr Sanders that she agreed to the transfer to Mrs R. As a consequence,...

6. [2021] NZEnvC 129 Roberts Street Action Group Incorporated v Taupo District Council [pdf, 412 KB]

   ...of a specified road as a pedestrian mall under s 336(1) of the LGA 74 is made after the Council uses the special consultative procedure under s 83 of the Local Government Act 2002 (LGA 02). That procedure involves the Council making available a statement of proposal and then providing an [23] [24] 10 opportunity for persons to present their views. It does not require submissions to be made. Further, the right of appeal under s 336 of the LGA 74 is not based on the making of...

7. [2021] NZACC 159 – Hawkins v ACC (12 October 2021) [pdf, 184 KB]

   ...administration role compared with the building construction skills of her husband. [11] He submits that the s 15(3) focus is limited to market remuneration for actual services provided by employees, not by others. He submits that Mr Jenson’s statement that the appellant was performing “routine duties only” ignores that any business cannot function effectively without competent administration. [12] He submits that objective evidence of the appellant’s role and duties are...

8. Wynyard v Waata - Manawakore C1 and D (2022) 247 Taitokerau MB 4 (247 TTK 4) [pdf, 260 KB]

   ...this Court, a complete set of minutes for the meeting of 11 February 2017 has not been filed and therefore this meeting is excluded from consideration. [28] With regard to the response to the meeting held on 12 August 2017, while the applicants claim that the meeting was a wānanga, the minutes record that the meeting was an annual general meeting where reports were presented, and an election was held. Therefore, I find that this meeting is relevant for the purposes of the inquiry....

9. National Standards Committee 2 v Mr Y [2022] NZLCDT 8 (24 February 2022) [pdf, 202 KB]

   ...seem that his personal circumstances remained the same, namely his dependence upon Ms T and the general support network she represented, was his primary focus as he continued to manage his sobriety. Mitigating Features [49] Mr Y can certainly claim credit for an almost 20-year unblemished career as a lawyer. He has provided letters of support from practitioners with whom he regularly interacts. All of these speak highly of his abilities as a lawyer, his courteous interactions an...

10. [2024] NZSSAA 01 (30 January 2024) [pdf, 268 KB]

    ...This covers the situation where a person is entitled to an overseas pension but for a variety of reasons the person may have chosen not to receive it or not to receive it directly. Ms Marks submitted the reasons could include a decision not to claim the overseas pension, a decision to have it placed into a trust or other account or have it paid to the Ministry directly under the special banking option. 64. Such a purpose is compatible with examples given by the Ministry when e...