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1. Recording Industry Association of New Zealand v CAL2013-E000614 [2013] NZCOP 3 [pdf, 46 KB]

   ...at the factors mentioned in r 12(3), the word “flagrancy” also appears in s 121(2) of the Copyright Act 1994, in relation to the calculation of damages for infringement under other parts of the Act. RIANZ referred to the New Zealand Court of Appeal decision in Wellington Newspapers Ltd v Dealers Guide Ltd [1994] 2 NZLR 66 as an indication of the approach that the Tribunal might take. However, we think that s 121(2) operates in an entirely different context to the present one. That...

2. Rzoska v Randell - Succession to Te Maehe [2023] Chief Judge's MB155 (2023 CJ 155) [pdf, 397 KB]

   ...complained of. [12] In the current case, having considered the Case Manager’s Report and evidence provided by the parties, I am satisfied that an error in fact or law has been made due to a mistake [1] [2010] Māori Appellate Court MB 167 (2010 APPEAL 167) at 180. [2] [2009] Chief Judge’s MB 209-225 (2009 CJ 209) at 221. 2023 Chief Judge’s MB 163 or omission in the presentation of facts of the case to the Court, because there are two different people affected whose iden...

3. [2024] NZEmpC 25 Roberts v The Chief Executive of the Department of Corrections [pdf, 280 KB]

   ...Compensation Act, s 317(2)(b). pleadings, the Court must assume that pleaded breaches can be proved. There is no basis to strike out these claims. [30] In relation to the second element of the claim, in Attorney-General v B, the Court of Appeal confirmed that: “The critical issue is whether damages which are sought in a common law proceeding are damages ‘arising directly or indirectly out of personal injury covered’ by the legislation.”14 It said that the apprehen...

4. [2019] NZEmpC 198 Jobbitt v 4 Seasons Indoor Outdoor Living (2014) Ltd [pdf, 379 KB]

   ...Where evidence is considered, that will not normally occur if it is inconsistent with the pleadings. That is because a strike out application is dealt with on the basis that the plaintiff is able to prove the pleaded facts. However, the Court of Appeal has acknowledged that there may be cases where a factual allegation is so demonstrably contrary to indisputable fact that the matter ought not to be allowed to proceed further. The submissions [24] In summary, Ms Sharma’s subm...

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

   ...question of compensation does not arise on the present facts because of the terms of settlement the parties 3 reached. Counsel refers to three of the functions that penalty orders fulfil in the disciplinary context drawn from the Court of Appeal decision in Wislang:1 (a) To punish the practitioner. (b) As a deterrent to other practitioners. (c) To reflect the public’s and the profession’s condemnation or opprobrium of the practitioner’s conduct. [12] Counsel also subm...

6. VG v AB LCRO 263 / 2011 (10 May 2013) [pdf, 108 KB]

   ...revision, where the bill had already been subject to revision. Section 151 of the Act provided that the court shall not make an order for the reference of a bill for revision except in special circumstances (emphasis added). [17] The Court of Appeal rejected the trial judge’s finding that a serious risk of injustice was required. Although the three members of the court produced three different tests, they do provide some guidance in ascertaining the meaning of ‘special circumst...

7. Gudgeon - Lot 46 Deposited Plan 8163 Māori Reservation (Nga Pakiaka ki te Iwi Marae) (2016) 54 Takitimu MB 164 (54 TKT 164) [pdf, 326 KB]

   ...been recommended and gazetted, the Crown cannot acquire this land. 4 Muraahi v Phillips - Rangitoto Tuhua 551B and 55B1A2 (Manu Ariki Marae) [2013] Māori Appellate Court MB 528 (2013 APPEAL 528) 5 Grace – Ngarara West A25B2A (2014) 317 Aotea MB 268 (317 AOT 268) http://www.legislation.govt.nz/act/public/1993/0004/latest/link.aspx?id=DLM356880 54 Takitimu MB 168 [15] In that case the Chief Judge had before him an...

8. BORA Biosecurity Law Reform Bill [pdf, 335 KB]

   ...that the other powers of detention in new ss 107 and 107B fall within the ambit of s 22 of the Bill of Rights Act, however we do not consider that the provisions could be interpreted as authorising “arbitrary detentions”. The New Zealand Court of Appeal has stated that a detention is arbitrary when it is capricious, unreasoned, without reasonable cause: if it is made without reference to an adequate determining principle or without following proper procedures. [4] For this reason arbi...

9. Conviction and sentencing statistical bulletin 2010: An overview of conviction and sentencing statistics in New Zealand [pdf, 81 KB]

   ...(e.g. New Zealand Customs Service, Ministry of Fisheries or the Serious Fraud Office), to when the case is resolved and a sentence may be handed down. A simplified outline of the way a charge moves through the criminal justice system, excluding appeal and review processes, is shown in Figure 1. The shaded area relates to the statistics covered in this Bulletin. 3 http://www.justice.govt.nz/publications/global-publications/c/N...

10. Recorded Music NZ v VOD02014-D-R-9488397 [2014] NZCOP 2 [pdf, 219 KB]

    ...further we will be pleading not guilty as we have had travellers staying on top of our 6 new permanent flatmates all with different computers and if this goes to a tribunal we can confirm the amount of people (travellers) staying here and will be appealing this I [ ] brother is writing this, ring me. Regards ring to deal with this please reply before 18 April I also have medical evidence of a brain injury and need this correspondence portrayed via a house meeting as cannot read w...