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1. [2024] NZIACDT 29 INZ v Li (6 December 2024) [pdf, 253 KB]

   ...No party seeks an oral hearing. ASSESSMENT [39] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: a. maintain a relationship of confidence and trust with the client and provide objective advice … c. facilitate the provision of interpreters and translat...

2. [2024] NZIACDT 30 INZ v Li (6 December 2024) [pdf, 250 KB]

   ...No party seeks an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: a. maintain a relationship of confidence and trust with the client and provide objective advice … c. facilitate the provision of interpreters and translat...

3. [2024] NZIACDT 25 - EM v Ma (25 October 2024) [pdf, 244 KB]

   ...[35] No party seeks an oral hearing. ASSESSMENT [36] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] a...

4. BE v W Ltd & KN [2024] NZDT 885 (15 December 2024) [pdf, 240 KB]

   ...he had a fiduciary duty to his client, IL. KN said that was his primary duty. I realise there is a difficulty for a real estate sales person negotiating the competing duties to the client and to potential purchasers. However, the FTA is consumer protection legislation. In this case, IL has had the benefit of KN silence in respect of the encroachment, to BE’s disadvantage. BE is entitled to the protection of the FTA. 21. I have also taken into account the respondents’ submission...

5. Kauikia-Stevens v Trustees of the Rangitatau 1D5A1 Block (2014) 318 Aotea MB 217 (318 AOT 217) [pdf, 267 KB]

   ...to such a degree as is evident from the material before the Court. [59] The hostility and rancour between the principal parties continues to distract the trustees from their obligations to the beneficiaries. In one sense, when the evidence is carefully considered, the present situation could unflatteringly be characterised as an extreme case of bad neighbours. The ongoing conflict between the applicant and his first cousin Scott Wirihana Tawake over quite mundane matters – acc...

6. Issues with access to justice in the Environment Court of New Zealand [pdf, 477 KB]

   ...having entered a state of considerable flux. In this paper, we do not comment on government policy and the formulating of substantive laws, as it is not our place as judges to do so. It can, however, fall within our responsibilities as judges to make careful public observa- tions about matters of court process and access to justice. This is what we set out to do in this paper, in the context of historic, current, and possible future legislative scenarios. Challenges facing environment courts...

7. PR v HG 69/2016 LCRO [pdf, 269 KB]

   ...reference to the deceit cause of action and the evidence to support it. [100] Reference is also made to the private investigator and his enquiries aimed at verifying the financial position of Mr HG and related entities. Counsel contends that the protections provided by rule 8.8 do not apply in the circumstances of Mr HG’s complaint. [101] Counsel also addressed the “numerous additional assertions and allegations”50 made by Mr HG in the course of his dealings with Ms PR, and...

8. The Trustees of the Tauwhao Te Ngare Trust v Shaw - Tauwhao Te Ngare Block and a preliminary decision of the Chief Judge at 2013 CJ 567 [2014] Māori Appellate Court MB 394 (2014 APPEAL 394) [pdf, 377 KB]

   ...it may show a disjoined vinculum over titles on either side of the roadway. Conversely, if it is shown as running over existing titles as per a right of way or has a joined vinculum running through it, then it is not a separate freehold title. Care should be taken in relying on sketch plans as they do not always follow the Court’s minute and are not necessarily approved by a Judge. Care should also be taken in relying on survey plans that have not been approved by the Court....

9. Julian v Inia - Succession to Moehuarahi Te Ruuri [2021] Chief Judge's MB 1095 (2021 CJ 1095) [pdf, 397 KB]

   ...Moehuarahi’s will was never granted probate and the opportunity to challenge its contents was never afforded to her children; (c) The failure of the Court to take into account the moral duty of the deceased to provide for all her children under the Family Protection Act 1955; and (d) The failure of the Court to declare and deal with any appearance of bias, due to His Honour’s involvement with the deceased’s husband’s estate. [3] The application was opposed by the trustees of...

10. [2024] NZEnvC 281 Save The Maitai Incorporated v Nelson City Council [pdf, 294 KB]

    ...information requirements within X.12 should be added, as it is proposed to apply to earthworks.23 We agree that cross-reference should be added. Policy RE6.4 [28] STM notes that the court commented that policy RE6.4 is narrower in focus than protection of the values of the relevant water bodies. The JWS states that with the addition of the new clauses in policy RE6.3, the narrowness of the policy may be less of a concern.24 STM does not agree, and submits further amendments a...