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1. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...progressed. She had no sensible explanation for failing to understand the plain wording of the Registrar’s notice and the serious warnings contained in it. Ms Ling had to demonstrate an ability to understand legal processes of this kind to gain a licence as a licensed immigration adviser. [29] I have determined this issue on the balance of probabilities, but at the higher end of the sliding scale given the gravity of the finding. I am sure the evidence establishes Ms Ling deliberately...

2. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...appropriate, having regard to her previous unblemished record, acknowledgement of her error and the isolated incident of unprofessional communication. [35] Nor are there grounds on which the Tribunal could consider the suspension or cancellation of her licence. Ms Tian had issued a formal apology on 22 June 2018, though she agrees that it should have been provided directly to Immigration New Zealand. It did demonstrate her awareness of the negative impact of her conduct and repr...

3. [2022] NZREADT 26 He & An (22 November 2022) [pdf, 253 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...

4. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...Proposed Regional Plan for Northland, which have been categorised into Topic 1B – Vehicles on beaches. The appeals relate to a single rule: Rule C.1.5.1 Use of vehicles on beaches and other activities that disturb the foreshore and seabed – permitted activity. [2] The appeals were lodged by: (a) Bay of Islands Maritime Park Incorporated (Bay of Islands Maritime Park); (b) CEP Services Matauwhi Limited (CEP Services); (c) Mr D Lourie; and (d) Royal Forest and Bird Protecti...

5. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

   ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether they...

6. Review of the Foreshore and Seabed Act 2004 Post Consultation Decisions [pdf, 993 KB]

   ...well as more established regimes such as the Crown Minerals Act and the Protected Objects Act. Changes that result from this Review could adversely impact on these regimes. For example the permission right (the right of customary title holders to permit activities requiring resource consent) will undermine the proposed improvements to the consent renewal process. This is a key element of both the aquaculture reforms and the RMA streamlining and simplifying work. If a customary interest...

7. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...second week of his work at the factory, both parties were satisfied that this was work that he could perform and was performing satisfactorily. [16] After the initial two weeks or so of work, I find that Mr Saad asked Mr McIvor for his driver’s licence and IRD number. Mr McIvor inferred from this that he was to become a permanent employee at Pita House rather than being on trial as he had been from the outset. I accept Mr McIvor’s evidence, and not Mr Saad’s to the contrar...

8. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...grounds for complaint under the Immigration Advisers Licensing Act 2007 (the Act). BACKGROUND [3] Ms Tian was at the relevant time a licensed immigration adviser. She is a director of Abstract Solution Ltd, of Auckland. The Tribunal suspended her licence on 3 November 2020 in response to another complaint.1 [4] The complainant, a national of China, arrived in New Zealand in 2014. He was 18 years of age. At some point, he and his mother engaged the services of Ms Tian to assi...

9. [2024] NZEnvC 026 Nelson City Council [pdf, 515 KB]

   ...sought that: 2 (1) The use of beach area below mean high water springs (MHWS) at Delaware Bay (shown on Plan A attached) for driving vehicles across to launch and retrieve recreational boats/fishing vessels at the water’s edge is not a Permitted Activity under Rule CMr.33 of the Nelson Resource Management Plan (Plan), and therefore, the activity requires resource consent. (2) The beach area at Delaware Bay (shown on Plan A attached), below MHWS, which is used to launch...

10. [2021] NZEnvC 083 Director-General of Conservation v Thames- Coromandel District Council [pdf, 1.1 MB]

    ...several parties provided comments. [10] The Council created what it considered an appropriate new version on 20 May 2020, described in a memorandum filed in Court on 5 June 2020. The key change was that there would now be provision for certain permitted activities, with others remaining as restricted discretionary. 1 Director-General ef Conservation v ThaJJJes-CoroJJJandel District Council [2018] NZEnvC 133, see paragraphs [45], [100] and [122]. 4 [11] Some submitters pointed t...