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1. [2018] NZSSAA 31 (5 July 2018) [pdf, 145 KB]

   ...adjourn the proceedings. Background [18] On 29 September 2016, the appellant applied for JSS with a medical deferral after his ACC payments stopped. When he applied for JSS he said his wife 5 was from China and her son was in his care. On 19 October 2016, he was granted JSS at the sole parent rate. His wife was not included in this benefit because she did not meet the residency criteria in s 74AA of the Act, which requires a person who is not a New Zealand citiz...

2. [2023] NZIACDT 21 – WN v Lawlor (26 June 2023) [pdf, 140 KB]

   ...received any submissions from Mr Lawlor. ASSESSMENT [29] 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. Refunds 24. A licensed immigration adviser must: … b. ensure that refund obligations can be met, and c. promptly provide any refunds payable upon completing or ceasing a contract for services. Docu...

3. Zhang v The First Org Ltd (Strike Out) [2024] NZHRRT 11 [pdf, 163 KB]

   ...results in that group being treated differently on a prohibited ground. A Canadian example we will refer to is a policy in a public health system which does not fund the provision of translation services to deaf patients who could otherwise use state care. The provision did not mention deafness, and did not explicitly exclude deaf patients from the benefit of state care, but a failure to provide translation services to deaf patients effectively denied them equal access to important ben...

4. [2018] NZEnvC 183 Port Otago Ltd v Otago Regional Council [pdf, 13 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018J NZEnvC 183 of the Resource Management Act 1991 of an appeal under clause 14 of Schedule 1 to the Act PORT OTAGO LIMITED (ENV-2016-CHC-086) Appellant OTAGO REGIONAL COUNCIL Respondent Court: Environment Judge J R Jackson Environment Commissioner R M Dunlop Environment Commissioner D J Bunting Hearing: at Dunedin on 19 February 2018 (Final submissions

5. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...commercial and financial trusts (discussed further below). 6. The RIS finds that for the family trust situations these recommendations are intended to apply to, the status quo best meets the needs of commercial and financial trusts. Additional protections, such as some of those the Law Commission recommends, that would apply only because the contracts also create trust arrangements, are not necessary. 7. Applying the seven classes of the Law Commission’s recommendations to commercial...

6. L v Kim [2015] NZIACDT 108 (22 December 2015) [pdf, 185 KB]

   ...[16.7] Costs. [17] However, the Tribunal has taken a very flexible approach where complaints arise out of a licensed immigration adviser’s lack of awareness, and provided opportunities for restoration to practising. None-the-less, the consumer protection afforded by the Act is always an important factor. [18] In this case, I approach the matter on the basis Ms Kim does not comprehend the issues. Serious as the matters are, they appear to result from ignorance and gross incompetence r...

7. Recording Industry Association of New Zealand v TCLE-A-T6518151 [2013] NZCOP 12 [pdf, 222 KB]

   ...Tribunal also has a discretion to decline to make orders if to do so would be manifestly unjust to the account holder. Would the making of orders be manifestly unjust? [18] The Tribunal has some sympathy with the Respondent’s position, and has given careful consideration to whether it would be manifestly unjust to make orders against him in this case. It notes the following: The file sharing was undertaken by a visitor to the household (the Respondent’s son’s girlfriend), with...

8. Auckland Standards Committee v Holland [2014] NZLCDT 13 [pdf, 138 KB]

   ...benefit (at least in the short term) at the expense of his clients, that he is realistic enough to accept that no penalty short of strike-off would suffice to meet the purposes stated above. [15] Mr Holland has breached the rules which form the protective framework for the handling of client monies. He has stolen from his clients and has no means of repaying them, at least in the short term. [16] The Tribunal finds unanimously that he must be struck from the Roll of Barristers...

9. [2015] NZSSAA 105 (24 December 2015) [pdf, 46 KB]

   ...in the Chief Executive’s stead. [11] This is reinforced by the New Zealand Bill of Rights Act 1990 which provides that wherever a public authority has a power to make a determination in respect of a person’s rights, obligations or interests protected by law, that Authority must apply the rules of natural justice. [12] The appellant is a client of the Ministry of Social Development’s Remote Client Unit. The Authority has been advised that this unit services clients who, due to e...

10. CAC306 v Murphy & Anor [2015] NZREADT 88 [pdf, 130 KB]

    ...[24] Professional standards must be maintained. The aspects of deterrence and denunciation must be taken into account. It is settled law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterrence, and penalties are designed in part to deter both the offender and others in the profession from offending in a...