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1. LCRO 33/2016 GW v AX (27 June 2018) [pdf, 292 KB]

   ...enforcement of judgments and not for compulsion of payment prior to the existence of a judgment. [70] That view was adopted without qualification by the Supreme Court of Colorado which said:23 20 We find nothing in section 12-5-120 that would permit an attorney to assert a possessory, or retaining, interest in a United States passport in order to assure payment for legal services. A possessory lien is a "right to hold a thing" until payment is made. Wenz v McBride, 20 Colo...

2. [2022] NZREADT 15 – Complaints Assessment Committee 2108 v Rankin Tremain Real Estate Wairarapa Ltd (10 August 2022) [pdf, 224 KB]

   ...it thinks fit, make 1 or more of the orders specified in subsection (2). (2) The orders are as follows: (a) 1 or more of the orders that can be made by a Committee under section 93 (except under section 93(1) (ha)): (b) an order cancelling the licence of the licensee and, in the case of a licensee that is a company, also cancelling the licence of any officer of the company: (c) an order suspending the licence of the licensee for a period not exceeding 24 months and, in the case of...

3. 2022-02-11 Statement of Evidence of Melanie Heather dated 11 February 2022 [pdf, 4.8 MB]

   ...months. I have been in my substantive role as Senior Environmental Officer for one and a half years, prior to which I was an Environmental Officer for three years. 5 The Compliance team is responsible for the monitoring of resource consents and permitted activities in accordance with the RMA, various National Environmental Standards, and Council’s regional plans. Our aim is a consistent application of Council’s RMA Compliance and Enforcement Policy (2021) and Compliance Plan...

4. Te Manutukutuku Issue 3 [pdf, 2.9 MB]

   ...FORESTRY CLAIMS Parliament has passed the Crown Forests Assets Act 1989. This Act allows the Crown to sell its forest . assets while protecting claims by Maori to the Waitangi Tribunal. The Act provides that the Crown may sell Crown forestry licences. These licences, however, convey no interest in the land itself oil which the timber grows. Cutting rights only are given, and these are for a set period. The Act also provides that, if a forestry claim before the Waitangi Tribunal is...

5. Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [pdf, 204 KB]

   ...incurred, in order to comply with a direction made by His Honour Judge Coxhead at a hearing on 27 November 2013; 4 e) The respondent’s prolonged refusal to pay rental/rates apportionments was an exceptional circumstance and had an effect on other licence holders who had also refused to pay; f) A modest award of costs would demonstrate to other owners in occupation, that those who breach the terms of occupation can expect to pay something over and above the simple arrears amou...

6. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

   ...crucify a competent, honest and genuine adviser for a one-off mistake. Mr Guich does not agree with the Tribunal’s decision, but accepts both the decision and the caution. In addition to waiving the fine, the Authority should waive his upcoming licence application fee due to the unnecessary time, effort and stress that the process had caused him. JURISDICTION [25] The Tribunal’s jurisdiction to impose sanctions is set out in the Immigration Advisers Licensing Act 2007 (the A...

7. Regulatory Impact Statement Private Security Personnel and Private Investigators Act 2010 regulations [pdf, 211 KB]

   ...uptake of training will not achieve the Act’s objective because it is inconsistent across the industry. A minimum level of competency needs to apply to all front-line security personnel in order to assure members of the public that people who hold a licence or certificate of approval under the Act are suitably qualified. Preferred option The preferred option is to make regulations requiring crowd controllers, personal guards and property guards to be assessed against unit standard...

8. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [pdf, 220 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: (d) cancellation of licence: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until the...

9. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

   ...rejected it, calls into question whether Mr Samuels is acting in good faith by once again persisting with this approach which cannot succeed. [21] Mr Samuels further argues the taumata of the Ngāti Kura Incorporation issued tuku whenua residential licences, authorising the respondents to occupy this land as Māori customary land, per s 129(1)(a) of the Act. Section 129(1)(a) does not allow the grant of licences over Māori customary land. This provision simply recognises Māori c...

10. [2024] NZIACDT 20 – LB v Luv (8 July 2024) [pdf, 213 KB]

    ...important obligations for immigration advisers, in order to protect 4 consumers. Ms Luv’s misconduct, considered as a whole, could be described as towards the lower end of the moderate level of misconduct. [16] Ms Luv has held a full licence since 2013 and this is the first time she has appeared before the Tribunal. It is open to the Tribunal to consider whether any retraining is necessary. [17] It is submitted that the appropriate sanctions would be: 1. Caution. 2. A...