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1. [2021] NZIACDT 16 - EM v Yong (13 July 2021) [pdf, 111 KB]

   ...her husband. His business practice was to permit his unlicensed staff to deal with the client. This practice was found to be intentional, though it was accepted that he was not aware it was in breach of the Code. He had wrongly thought it was permitted, as such a practice is lawful for Australian migration work. [13] It was not accepted that Mr Yong had been deceptive. There was no evidence that he had received the fee knowing or suspecting that his client could not successfully...

2. McCarthy - Utakura 9 (2008) 124 Whangarei MB 84 (124 WH 84) [pdf, 205 KB]

   ...is amended remains to be seen. In the meantime, the Courtnonnally approaches this anomoly in a couple of ways. [9] First, the Court may grant an occupation order in favour of the 1rustees of a whanau 1rust in anticipation of the 1rust granting a licence to occupy to '/he beneficiary. This is less than ideal. A licence to occupy provides less certainty than an occupation order. It can only operate for a set timeframe, is personal to the licensee and cannot be succeeded to on the...

3. Tangitau v Hakaoro [2015] NZIACDT 27 (17 March 2015) [pdf, 85 KB]

   ...[2.3] Failed to tell his client Immigration New Zealand declined her application, due to the lack of response to the inquiries, [2.4] Lodged an appeal without instructions, and [2.5] Failed to report to his client when this Tribunal cancelled his licence. [3] Mr Hakaoro has not responded to the complaint with an explanation or justification addressing the grounds of complaint. [4] The Tribunal has concluded it must uphold the complaint, as the material before it establishes those fac...

4. Chand v Ahuja [2015] NZIACDT 104 (21 December 2015) [pdf, 173 KB]

   ...[8.3] A refund of fees of $1,725.00. Mr Ahuja’s response to the Shankar complaint [9] Mr Ahuja through his counsel acknowledged the findings against him, and said he was anxious to make amends as best he could. By that time, he had surrendered his licence as a licensed immigration adviser, and said he would not seek to renew it in the future. [10] He had recently qualified in law in New Zealand, his counsel indicated Mr Ahuja understood if he sought to practise, he would have to disc...

5. BORA Statutes Amendment Bill [pdf, 391 KB]

   ...minimising loss to the importer or owner of goods seized. Land Transport Act 1988 11. Part 27 of the Bill proposes to insert a subsection 3A in section 30 of the Land Transport Act. The proposed subsection requires that a person surrenders his or her licence to an enforcement officer after that officer has suspended this person's driver licence in accordance with section 90(2) of the Act. We consider this obligation to surrender a driver licence to be a seizure within the meaning o...

6. Tuumotooa v Tangilanu [2014] NZIACDT 57 (29 April 2014) [pdf, 125 KB]

   ...provided the information to the adviser, [2.4] The adviser did not pass the information to Immigration New Zealand, [2.5] The complainants’ application failed as the adviser did not pass on the information, [2.6] After that point, the adviser’s licence expired and she took no steps to inform her clients of their circumstances or assist with engaging ongoing professional support. [3] The adviser has not challenged the statement of complaint, which set out this basis for the complai...

7. Kumar v Ahuja [2015] NZIACDT 105 (21 December 2015) [pdf, 173 KB]

   ...[8.3] A refund of fees of $1,725.00. Mr Ahuja’s response to the Shankar complaint [9] Mr Ahuja through his counsel acknowledged the findings against him, and said he was anxious to make amends as best he could. By that time, he had surrendered his licence as a licensed immigration adviser, and said he would not seek to renew it in the future. [10] He had recently qualified in law in New Zealand, his counsel indicated Mr Ahuja understood if he sought to practise, he would have to disc...

8. van Zyl v McNeil [2019] NZIACDT 40 sanctions (18 June 2018) [pdf, 103 KB]

   ...Licensed Immigration Advisers Code of Conduct 2014 (the Code). BACKGROUND [2] The narrative leading to the complaint is set out in the decision of the Tribunal upholding the complaint. [3] Ms McNeil was a licensed immigration adviser. Her licence expired on 21 September 2016. [4] On 19 April 2016, Ms McNeil, through her company, entered into a written agreement with the complainant, Mr van Zyl and his wife. She was instructed to prepare and lodge with Immigration New Zea...

9. [2016] NZEnvC 152 Koha Trust Holdings Limited v Constellation Brands New Zealand Limited [pdf, 735 KB]

   ...which the parties sought determination. Background [4] On 5 February 2010, the First Respondent Marlborough District Council granted the resource consent in the above terms, inclusive of a two year lapse period described in Condition 6. The permit authorised the taking of water from four wells by Mr Woolley, as follows: 0044 - Cowshed well; 2657 - 245 Hunters Road; 1288 - 38 Blind Creek Road; and 5008 - 123 Hunters Road. All wells draw from the groundwater resource of the...

10. 2021-03-23 OWRUG opening subs [pdf, 311 KB]

    ...Email: bridget.irving@gallawaycookallan.co.nz Email: phil.page@gallawaycookallan.co.nz 1 PP-1035600-2-347-V2 OPENING SUBMISSIONS May it please the Court: 1. Otago Water Resource Users Group is a unincorporated body of water permit holders in Otago. Its members extend from the Upper Clutha through to the Alexandra basin and include the Cardrona, Arrow, Bannockburn, Pisa area, Teviot, Manuherekia and Taieri catchments. OWRUG’s members include all of the irrigat...