Search Results

1. Recorded Music NZ Limited v Telecom NZ 6806 [2014] NZCOP 4 [pdf, 111 KB]

   ...As noted in a number of the Tribunal’s decisions,14 the factors identified by the Applicant may well be common to most the matters before it. As such the conduct does not meet the ordinary definition of “flagrancy” identified by the Court of Appeal in Skids Programme Management Limited & Ors. v McNeill & Ors 15 namely conduct that implies the existence of scandalous conduct or deceit; something beyond the common case. [43] Moreover, given BitTorrent Protocol software c...

2. Cutforth v Dudley - Omapere Taraire E and Rangihamama X3A Ahu Whenua Trust (2017) 157 Taitokerau MB 7 (157 TTK 7) [pdf, 219 KB]

   ...Conservation v Tau [2016] NZDC 16497. 14 The Proprietors of Mangakino Township v Maori Land Court CA65/99, 16 June 1999, Clarke v Karaitiana [2011] NZCA 154, Mikaere Toto – Te Reti B & C Residue Trust [2014] Maori Appellate Court MB 249 (2014 APPEAL 249). 157 Taitokerau MB 19 requiring a trustee to file a report, and to appear before the Court for questioning, on any matter concerning the administration of the trust. 15 When exercising this power, the Court relies...

3. Y v Xue [2015] NZIACDT 6 (13 February 2015) [pdf, 199 KB]

   ...(DC Christchurch, CIV 2013-009-001684, 28 January 2014) are decisions primarily dealing with facts. In the High Court, both parties took the position that they would not support the District Court’s analysis of the facts; the High Court allowed the appeal on that basis. [22] None-the-less the District Court’s observation that when something is truly beyond a person’s control it does not trigger professional disciplinary consequences is an un-contentious and unexceptional professiona...

4. Flows in the Justice System [pdf, 1.3 MB]

   ...Distribution of proportion of sentence served, 2003 compared to 20176 Many more people are now serving all, or nearly all, of their imposed sentences. 6 The graphs showing proportion served include people released early on compassionate release, on appeal or who died while serving a prison term. Figure 13. Serious violence sentences, more than two years imposed length 80% 70% 60% 50% 40% 30% 20% 10% 0% 0% – 10% 11% – 20% 21% – 30% 31% – 40% 41% – 50% 51% – 60% 61% – 70...

5. Recording Industry Association of New Zealand v CAL2012-E000627 [2013] NZCOP 9 [pdf, 168 KB]

   ...Tribunal now turns to consider each of those matters. 4 See for example, [2013] NZCOP 2 at para 64. 11 Regulation 12(3)(a) – the flagrancy of the Infringement [67] The New Zealand Court of Appeal has addressed the meaning of “flagrancy” of copyright infringement, in the context of the making of “additional damages” awards under s.121(2) of the Copyright Act 1994.5 Those cases show that “flagrant” copyright infringe...

6. Karetai v Sollart - Estate of George Grey Huriwai te Ruatukihiki Karetai [2018] Chief Judge's MB 219 (2018 CJ 219) [pdf, 566 KB]

   ...Although this was a procedural oversight, it does not constitute a mistake of fact or law. 3 Tau v Nga Whanau o Morven Glenavy – Waihao 903 Section IX Block [2010] Māori Appellate Court MB 167 (2016 APPEAL 167) at [61]. 2018 Chief Judge’s MB 229 [30] The burden of proof when paternity is contested under normal circumstances would lie with those who contend that the father listed on the birth certificate is not the biolog...

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

   ...functions of a trustee; or (b) the removal is desirable for the proper execution of the trust, and 1 or more of the following grounds for removal are met: 3 Taurua v Harawira – Te Tii Waitangi A [2017] Māori Appellate Court MB 328 (2017 APPEAL 328) at [13]. 247 Taitokerau MB 10 (i) the trustee repeatedly refuses or fails to act as trustee: (ii) the trustee becomes an undischarged bankrupt: (iii) the trustee is a corporate trustee that is subject to an insolve...

8. Hastie and Dredge TRI-2023-100-001 Procedural Order 4 [pdf, 154 KB]

   ...application and must go to hearing. [54] The fourth respondent also claims that it is prejudiced by the unreliability of witnesses’ memories as they may have faded over time and can become biased by the dispute process. It cites the Court of Appeal case of Street v Fountaine as support.25 Although there are valid concerns about the reliability of witnesses, both the fourth respondent and the claimants have 25 Street v Fountaine [2018] NZCA 55 at [128]. 13 submitted compr...

9. Taurua - Estate of Piatarihi Taurua [2018] Chief Judge's MB 108 (2018 CJ 108) [pdf, 335 KB]

   ...recognition of Ella Taurua, as an adopted child of Ngamati Huirua Taurua, those objections cannot outweigh the legal evidence that is now before the Court. 4 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2018 Chief Judge’s MB 122 [23] Consequently I find that the Court made a mistake in fact and in law when it granted the orders for succession made on 16 July 1957 at 31 Bay of Islands MB 265-267. [24] I further conside...

10. LCRO 2011 Annual Report [pdf, 919 KB]

    ...the Court. [24] I accept, as correct, the Applicant’s position that the Practitioner’s conduct should be examined in terms of the applicable professional standards, and independently of any other legal avenue open to the Applicant, such as an appeal. If that were not so, then any complaint that a practitioner had misled the court could be answered by reference to the opportunity to challenge submissions that arise in the course of the proceeding before the Court and thereby relieve...