Search Results

1. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...complaints. That was because the Tribunal did not then have submissions on the appropriate sanctions in this matter. However, it was not appropriate to delay sanctions in the other matters, because, my view was the Tribunal should cancel Ms Khetarpal’s licence due to the OJ complaint alone. The OJ and the Khan complaints potentially reduced penalties in this complaint under the totality principle. [3] These considerations were all set out in the Khan and OJ complaints. The respective...

2. Campbeltown v Dunoon LCRO 129 / 2009 (11 November 2009) [pdf, 85 KB]

   ...complains that it was never explained to him that he was not purchasing any estate in land or property in the transaction but only a personal right to occupy. He also complained that another lawyer in the firm of XX acted for Swansea in respect of the licence to occupy agreement. Aspects of the complaint also related to work undertaken by XX for Swansea some time later in respect of issues that the residents had with registration of the village under the Retirement Villages Act 2003...

3. Ali v Wang [2015] NZIACDT 50 (13 May 2015) [pdf, 208 KB]

   ...practice. Mr Martin had previously been struck off the roll of barristers and solicitors and has a history of criminal offending against vulnerable clients. At the material time, Mr Wang was the only licensed immigration adviser in the practice, his licence gave the practice legitimacy to offer immigration services. [3] The extent to which the Tribunal upheld the complaint was limited to two elements: [3.1] Mr Wang was a party to Mr Martin unlawfully providing immigration services (in b...

4. 8.1 Appendix 1 to JWS 8 - Section 32AA Analysis [pdf, 166 KB]

   ...and are not replicated in PC7 Under this option any new consents granted under the PC7 framework do not include consent conditions that seek to replicate the effects of rights of priority. - Risk of reduced water availability for some permit holders (risk of stranded assets, reduced productivity). - Risk to instream values due to alteration of the existing flow regime, including reduction or loss of habitat or populations of threatened species. - Risk of adverse social...

5. Regulatory Impact Statement: Regulatory regime for the new alcohol laws. [pdf, 300 KB]

   ...alternative to regulations in this area would be to rely upon informal guidance and local decision making, or to wait for decisions from the Alcohol Regulatory and Licensing Agency and the Courts about appeals with respect to granting or non- granting of licences. This approach, however, would likely result in inconsistency and a lack of clarity around processes, creating uncertainty for licensees, managers and the public. New substantive regulations to implement the alcohol regime...

6. Regulatory Impact Statement Regulatory Regime for the new Alcohol Laws [pdf, 254 KB]

   ...alternative to regulations in this area would be to rely upon informal guidance and local decision making, or to wait for decisions from the Alcohol Regulatory and Licensing Agency and the Courts about appeals with respect to granting or non- granting of licences. This approach, however, would likely result in inconsistency and a lack of clarity around processes, creating uncertainty for licensees, managers and the public. New substantive regulations to implement the alcohol regime...

7. INZ (Greathead) v Ortiz [2019] NZIACDT 59 (29 August 2019) [pdf, 154 KB]

   ...issued an interim visa pending a decision on the new work visa application. The letter advised that if his new visa was for a different position than the previous visa, the interim conditions would be those of a visitor visa and he would not be permitted to work. [12] Ms Ortiz did not inform the client that an interim visa had been issued and that he was not permitted to work. [13] The client continued to live and work at the salon without being paid wages. He was working six...

8. Khan v Khetarpal [2016] NZIACDT 6 (22 January 2016) [pdf, 239 KB]

   ...submissions on the appropriate sanctions in that matter. It is not appropriate to delay this present decision until completing the Prajapati complaint, as that complaint is not of a nature that will affect the Tribunal’s decision regarding Ms Khetarpal’s licence. This and the J complaint may well reduce any penalties in the Prajapati complaint under the totality principle, however that can be addressed when considering sanctions for that complaint. [3] I will however consider both th...

9. J v Khetarpal [2016] NZIACDT 7 (22 January 2016) [pdf, 243 KB]

   ...submissions on the appropriate sanctions in that matter. It is not appropriate to delay this present decision until completing the Prajapati complaint, as that complaint is not of a nature that will affect the Tribunal’s decision regarding Ms Khetarpal’s licence. This and the Khan complaint may well reduce any penalties in the Prajapati complaint under the totality principle, however that can be addressed when considering sanctions for that complaint. [3] I will however consider both...

10. Owen v Hauiti - Kiwinui A (2016) 57 Tairawhiti MB 70 (57 TRW 70) [pdf, 290 KB]

    ...is because no order was made granting a partition. [25] Accordingly Hirau Karaka’s rights of occupancy expired when he died in 1977. That is the legal position and the only way to rectify that is by applying to the Kiwinui A trustees for a licence to occupy or by filing an application for an occupation order in this Court. Alternatively, an application to the Chief Judge pursuant to s 45 of Te Ture Whenua Māori Act 1993 may be needed. [26] Under the current application I am b...