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1. Recording Industry Association of New Zealand v TCLE-A-T5877102 [2013] NZCOP 2 [pdf, 75 KB]

   ...and that it must consider the three matters listed at subcl.(3)(a) – (c) of the Regulation. The Tribunal now turns to consider each of those matters. Regulation 12(3)(a) – the flagrancy of the Infringement [71] 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 1994.3 Those cases show that “flagrant” copyright infring...

2. [2014] NZEmpC 137 Pollard Contracting Ltd v Donald [pdf, 130 KB]

   ...12 Employment Relations Act 2000, s 101(ab). 13 Board of Trustees of Te Kura Kaupapa Motuhake O Tawhiuau v Edmonds [2008] ERNZ 139 (EmpC) at [42]. 14 At [40]. 15 A point which was confirmed by the Court of Appeal in Morgan v Whanganui College Board of Trustees [2014] NZCA 340, at [30]. c) Since the position is clear from the statute itself, it is unnecessary to resort to extrinsic materials to discern legislative intent. Consequently,

3. [2014] NZEmpC 194 Commissioner of Police v Coffey [pdf, 127 KB]

   ...for instance, to really sedation or recession. In this context, the parties' intentions, the width of the changes and the nature of those changes will all be relevant considerations. [45] In the recent case of Teat v Willcocks the Court of Appeal, in considering whether a contract had been varied, said: 10 Although the position is not yet settled, we consider that consideration in the form of the benefit "in practice" is sufficient to support a binding variation....

4. [2014] NZEmpC 159 Franix Construction Ltd v Tozer [pdf, 146 KB]

   ...That judgment is clearly distinguishable on its facts from the present case and, if anything, reaffirms the judicial observation that such cases are “intensely factual” and determined accordingly. 6 [45] The earlier judgment of the Court of Appeal in Telecom South Ltd v Post Office Union (Inc) 7 was referred to in the judgment in Ross-Taylor. Telecom South supports Mr Tozer’s position on the strongest argument for Franix addressing the remuneration arrangements in this case...

5. Auckland Standards committee 2 v Burcher Short [2015] NZLCDT 47 [pdf, 78 KB]

   ...no means comparable with the present case, we also note the rejection of the suggestion that because Mr Daniels was to cease practice there was an acceptable reason to avoid suspension. Mr Daniels’ suspension for three years was upheld in the appeal. [59] Mr Katz submits that it is not necessary, certainly for public protection, given that Mr Short has also retired, but even as a demonstration of proportionate response to the public, for a suspension to be imposed in this case....

6. CAC20004 v Vessey [2015] NZREADT 10 [pdf, 174 KB]

   ...a contribution to the costs of the Authority of $1,000 and to this Tribunal of a further $1,000, and a compensation payment to the complainants of $2,000. [67] Pursuant to s.113 of the Act, we record that any person affected by this decision may appeal against it to the High Court by virtue of s.116 of the Act. ______________________________ Judge P F Barber Chairperson ______________________________ Mr G Denley Member ______________________________ Ms C San...

7. [2014] NZEmpC 49 Patel v OCS Ltd [pdf, 117 KB]

   ...refers to pressure and threats made against her. I was not drawn to Ms Patel’s evidence in relation to the interactions she says she had with Mrs Vaifoou. I preferred Mrs Vaifoou’s evidence as to what transpired. [59] The Court of Appeal in Salt v Fell 2 confirmed that subsequently discovered misconduct may be taken into account when making an assessment of remedies, observing that: 3 Everyone accepts that subsequently discovered misconduct might result in reinst...

8. [2014] NZEmpC 93 Prime Range Meats Limited v McNaught [pdf, 108 KB]

   ...to work effectively disposes of the principal issues raised in Mr McNaught's cross-challenge. Ms Lodge submitted that Mr McNaught's alleged constructive dismissal claim fell into the third category of conduct described by the Court of Appeal in Auckland etc Shop Employees Union v Woolworths (NZ) Ltd, namely, conduct involving a breach of duty by the employer which leads an employee to resign. 5 In counsel's words: 10. We submit the procedural failings of the pla...

9. Linton v Keswick LCRO 95 / 2009 (25 August 2009) [pdf, 94 KB]

   ...particularly stressful event. Having heard from Ms Linton I am satisfied that the conduct of Mr Keswick in, without notice, refusing to act further caused her anxiety and distress to such a degree that compensation is appropriate. The Court of Appeal has recognised that such distress damages are compensatory in nature: Paper Reclaim Ltd v Aotearoa International Ltd [2006] 3 NZLR 188 (CA) at para 171. [62] Such an order could be made pursuant to s 156(1)(d) of the Lawyers and Conv...

10. Head Heights Limited v Auckland Council [2012] NZWHT Auckland 24 [pdf, 129 KB]

    ...Honour was not required to resolve the question of whether a building consent could be obtained for targeted repairs. [29] The same question was considered recently by the High Court in Chee v Stareast Investment Limited.5 Chee involved an appeal from a 4 Body Corporate 185960 v North Shore City Council (Kilham Mews). 5 Chee v Stareast Investment Limited [2012] NZHC 133. Page | 10 decision by the Tribunal t...