Search Results

1. Recording Industry Association of New Zealand v TCLE-A-T6054929 [2013] NZCOP 4 [pdf, 44 KB]

   ...Tribunal, in relation to an infringement notice, it is presumed— (a) that each incidence of file sharing identified in the notice constituted an infringement of the rights owner's copyright in the work identified; and (b) that the information recorded in the infringement notice is correct; and (c) that the infringement notice was issued in accordance with this Act. (2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions...

2. Turner v The University of Otago (Legal Professional Privilege Claim) [2016] NZHRRT 15 [pdf, 60 KB]

   ...personal information, the agency holding such information is permitted by s 29(1) of the Privacy Act 1993 to refuse to disclose such information if (inter alia) the disclosure would breach legal professional privilege: 29 Other reasons for refusal of requests 1 [This decision is to be cited as: Turner v The University of Otago (Legal professional privilege claim) [2016] NZHRRT 15.] 2 (1) An agency may refuse to disclo...

3. Director of Human Rights Proceedings v Wellington Advkit Services Ltd (Joinder of Second and Third Defendants) [2015] NZHRRT 11 [pdf, 60 KB]

   ...weekly compensation payments. Mr Dixon-McIver, acting in his capacity as employee or agent of Wellington Advkit Services Ltd, was the advocate who assisted Mr Apikotoa. [2.5] Subsequently Mr Apikotoa took legal advice and acting on that advice requested Mr Dixon-McIver to provide a copy of his (Mr Apikotoa’s) file. This Mr Dixon-McIver declined to do on the grounds Mr Apikotoa allegedly owed money to Wellington Advkit Services Ltd. [2.6] On 28 August 2012 a lawyer representing Mr A...

4. TC & AK v BH & TH [2021] NZDT 1306 (25 March 2021) [pdf, 250 KB]

   ...Contractor Payment? c) Are TC and AK entitled to the sum claimed? Did the Trustees breach the contract when they did not pay the final Contractor Payment to TC and AK? 4. The general law of contract applies. A legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end. What was agreed is looked at objectively, i.e. by looking at w...

5. Deputy Registrar - Lot 1 DP 17494 Part Section 2345 New Plymouth (old Railway Station) (2017) 374 Aotea MB 81 (374 AOT 81) [pdf, 277 KB]

   ...copies of the last three annual general meeting minutes. [4] In addition, the trustees will provide a response in their report to the allegations that are now in the public domain concerning the trust and its funds. The report and the documents requested should be filed with the Registrar on or before 1pm 31 July 2017. [5] The trustees will also furnish within 14 days from the date of this direction copies of the minutes of their last 12 months of trustee meetings. [6] The tr...

6. [2018] NZEnvC 142 Gisborne District Council v O'Connell [pdf, 664 KB]

   ...proximity to one another; • Mr O'Connell appears to be the person primarily undertaking the activities which I have described. The affidavit describes numerous interchanges between Mr O'Connell and other Council officers involving oral requests to rectify the situation as well as letters requiring him to do so and advising that he was not entitled to use the road reserve in the manner in question. Sometimes the interchanges led to a temporary improvement and reduction...

7. LCRO 164/2018 VG v SQ (2 June 2020) [pdf, 132 KB]

   ...that Mr SQ had never instructed him in respect of IRD/child support matters, and if so, whether Mr SQ breached rr 2, 2.1, 13 and 13.1 of the Rules and/or any other Rule or enactment; • Whether Mr SQ refused to release Mr VG’s file, despite his requests, and if so, whether Mr SQ breached his professional obligations under r 4.4 and following of the Rules and/or any other Rule or enactment. Spousal maintenance [11] The Standards Committee discussed as a preliminary matter, wheth...

8. BORA Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill [pdf, 241 KB]

   ...to 25 year olds transitioning from care to independent living and adulthood. For example, under the new provisions, a young person may choose to remain in the care of their caregiver after their eighteenth birthday and until the age of 21, and may request support from the chief executive of the new Ministry in order to do so. Further, a young person aged between 18 and 25 may access advice and assistance (including financial) from the new Ministry to support a transition to independent li...

9. P Ltd v Q Ltd [2021] NZDT 1643 (8 October 2021) [pdf, 145 KB]

   ...Ltd’s [vehicle] at an agreed price of $9890.00 including GST. 2. P Ltd claims $4,375.00 for the balance of the unpaid invoice of $3500.00 and collection costs of $875.00. 3. Q Ltd counter-claims $5000.00 as a refund for illegal work performed and to recover the cost of his original factory rims and tyres. 4. The issues to be determined are: a. What were the terms of the contract, and did Q Ltd breach the terms of the contract by failing to pay, or did P Ltd breach the...

10. UI & I Ltd v S Ltd & C Ltd [2023] NZDT 750 (16 December 2023) [pdf, 149 KB]

    ...regarding the Truck and the engines took place over some years, as detailed below. Did I Ltd (or its nominee) have a contract with S Ltd, and if so, what was agreed about transportation? 6. Under contract law, a legally binding contract is formed when both parties intend to contract on agreed terms and intend for those terms to be legally binding. The terms of a contract are formed at the beginning, not at the end, and what was agreed is looked at objectively, i.e., by looking at...