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1. [2022] NZEnvC 119 Mangawhai Harbour Restoration Society Inc v Northland Regional Council [pdf, 1.7 MB]

   ...30 June 2022 2 _________________________________________________________________ DECISION OF THE ENVIRONMENT COURT _________________________________________________________________ A: In relation to Rule C.8.2.1 Land preparation – permitted activity, the Proposed Regional Plan for Northland is to be amended as set out in Appendix 1. B: In relation to Rule C.8.3.1 Earthworks – permitted activity, the Proposed Regional Plan for Northland is to be amended as shown in A...

2. [2018] NZEnvC 130 Friends of Nelson Haven Tasman Bay Incorporated v Tasman District Council [pdf, 1.5 MB]

   ...of compliance with Maritime New Zealand guidelines for the marking and lighting of aquaculture structures. (7) Management of biosecurity risk organisms, such as Undaria. [check (8) (9) (10) In addition, definition point] Duration of the permit. Financial contributions, bonds, administrative charges. Timing and purpose of reviews of any or all conditions. so that the Rule reads: 25.1.4.4 Discretionary Activities (Mussel Farming at Wainui Bay) The occupation and disturbance o...

3. Chen v Loh [2013] NZIACDT 15 (19 March 2013) [pdf, 218 KB]

   ...only became a licensed immigration adviser on 19 October 2010, which was part-way through the period to which the complaint relates. [11] Mr Loh was contracted to provide services through AGC but was generally employed by another company. He held a licence from 27 February 2009, so he was licensed throughout the time to which the complaint relates. [12] Mr Chen first contacted AGC in December 2009. At that time he was in New Zealand unlawfully; his former adviser had lodged an applic...

4. Chaiyapoom v Hu [2014] NZIACDT 78 (09 September 2014) [pdf, 143 KB]

   ...practice (the company). [7.2] Mr Hu’s practice employed Ms Butkhamdee. She had a business card identify her as a senior consultant in the company, it carried the licensed adviser trademark, had the words IAA Licensed Immigration Adviser (Full Licence) on the front, and Mr Hu’s licence number on the reverse. [7.3] Ms Butkhamdee and the complainant knew each other. In February 2011, Mr Hu met with the complainant. Ms Butkhamdee participated in the meeting. The complainant engaged M...

5. TI(G)M v Hanning [2020] NZIACDT 11 (21 February 2020) Sanctions [pdf, 127 KB]

   ...$ 920.00 Immigration fees (South Island Contribution visa) $ 635.00 Lost income complainant Dec 2017 to Apr 2018 $ 16,800.00 4 Lost income partner Dec 2017 to Apr 2018 $ 14,800.00 New adviser’s fee s 61 request $ 600.00 Visitor permit (2 people) $ 730.00 New adviser’s “work visa and adviser fees” $ 1,491.00 New adviser’s “Ministerial Review and adviser fees” $ 1,500.00 $ 37,476.00 [14] These figures are said by the complainant to be conservative. He...

6. CAC 20006 v Wallace [2013] NZREADT 81 [pdf, 36 KB]

   ...that Act applies. Given that s.172 allows us to impose only penalties which would have been 2 available under the Real Estate Agents Act 1976, the only penalty options available to us are cancellation or suspension of the defendant’s licence and/or a financial penalty of no more than $750. [3] If considering imposing orders for cancellation or suspension under s.172 of the 2008 Act, we are required to consider the “character test” applicable under the 1976 Act. Whether...

7. HE and SD v QXF [2011] NZIACDT 32 (20 September 2011) [pdf, 126 KB]

   ...[19] He sought legal advice, consulted with the Authority regarding his personal liability should the company fail, and was told he was personally responsible to clients for fees due to his professional obligations. He was the only person holding a licence in the practice, and the Act and the Code made a licensed immigration adviser personally responsible for financial and other dealings with clients. That includes protecting money that has been paid in advance for fees and not yet earne...

8. Symes v Wairau - Mahanga 2Y (2005) 161 Gisborne MB 19 (161 GIS 19) [pdf, 567 KB]

   ...section 18(1 ) (a)/93 was clearly incorrect when she suggested she had paid $12,000.00 for the shares and the lease. If it were in fact true, then clearly that was contrary to the evidence that had been provided to Judge Isaac when he made his orders permitting the transfer of shares given that the order quite clearly specifies a transfer by way of gift. If the evidence Minute Book: 161 GIS 23 given before Judge Isaac was false, then Mrs Symes has not come to this Court with clean ha...

9. MG v Hu [2019] NZIACDT 33 (17 May 2019) [pdf, 118 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: 1 Immigration Advisers Licensing Act 2007. 6 (d) cancellation of licence: (e) an order prev...

10. KIT v Zhu [2019] NZIACDT 46 sanctions (8 July 2019) [pdf, 126 KB]

    ...counsel Complainant: J Kim, licensed adviser Adviser: Self-represented 2 INTRODUCTION [1] The Tribunal upheld this complaint against Mr Zhu, the adviser, in a decision issued on 20 May 2019 in KIT v Zhu.1 It found that Mr Zhu had permitted an unlicensed employee to engage with his client, the complainant, when she first sought assistance and to give her immigration advice. There were other professional violations as well. Mr Zhu was found to have breached the Licens...