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1. The Trustees of Otanemutu Lands Trust v Boynton - Opape 2A2A (2011) 38 Waiariki MB 46 (38 WAR 46) [pdf, 143 KB]

   ...issue of the house. In the penultimate paragraph the Trust 4 16 Waiariki Minute Book 311-312 (16 WAR 311) 38 Waiariki MB 49 advised “You have been using the land informally by licence. That licence is terminated except as to your occupation of the house.” A third follow up letter dated 28 July 2004 was also sent. [13] The fourth letter dated 20 August 2010 confirmed that Mr Boynton had taken his stock of...

2. 2023 NZPSPLA 033 [pdf, 85 KB]

   ...2 [7] Based on Mr LK’s disclosures, he has breached the Private Security Personnel and Private Investigators Act 2010 (the Act) in the following way: [a] By operating a security company which provides security services without a company licence in breach of s23 of the Act. [b] By employing staff to provide security work who do not have a valid COA to conduct the work in breach of s45 of the Act. [c] By providing false information to the Authority. [8] Accordingly, I am...

3. BORA Family and Whanau Violence Legislation Bill [pdf, 237 KB]

   ...property. 23. Section 21 of the existing Act is undisturbed by this amendment. It provides it is a condition of every protection order that a respondent must not possess or have under his or her control, any weapon and must not hold a firearms licence. A respondent to a protection order must as soon as practicable and no later than 24 hours after service of the protection order, surrender any weapon and any firearms licence in his or her possession. On the making of a temporary prote...

4. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...some other professions manage cases like this one. [3] I will take Mr I’s situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out t...

5. Complaints Assessment Committee 403 v Elia [2017] NZREADT 7 [pdf, 110 KB]

   ...5 August 2016. Mr Elia admitted the charge in his response to the charge dated 30 August 2016. Submissions [5] Ms Earl submitted for the Committee that the starting point for the penalty to be imposed must be cancellation of Mr Elia’s licence. She submitted that where dishonesty is involved, as it is in the present case, particular emphasis must be given to the Act’s purpose of protecting the public, and to the licensee’s fitness to practise. 1 Ms Earl referred to t...

6. [2023] NZIACDT 7 - EQ v McCarthy (20 March 2023) [pdf, 205 KB]

   ...appropriate sanctions. BACKGROUND [4] The narrative leading to the complaint is set out in the earlier decision of the Tribunal and will only be briefly summarised here. [5] At the relevant time, Mr McCarthy was a licensed immigration adviser. His licence expired on 27 April 2022. He is a director of Corporate Migration NZ Ltd, of Masterton. [6] The complainant and her family (her husband and daughter) are nationals of Bulgaria. Their representative is Mr Feschiev, a New...

7. Feng v Zhang [2016] NZIACDT 41 (12 August 2016) [pdf, 176 KB]

   ...Rehabilitation is not a realistic possibility now, and it appears that it will never be a possibility. However, the Tribunal and the Registrar have separate roles. The Tribunal can impose conditions that a practitioner must fulfil before applying again for a licence. However, the Registrar deals with fitness requirements if a former licence holder ever applies for a licence in the future; disciplinary history is potentially a relevant factor. These are issues for the Registrar; the Tribuna...

8. LCRO 3/2017 and LCRO 148/2017 McDonnell v LA (28 June 2019) [pdf, 436 KB]

   ...October 2014. [11] Mr A had investments in his name, valued at approximately $220,000. There were also bank accounts in the couple’s joint names, in the amount of approximately $130,000. [12] The couple’s significant jointly owned asset was a licence to occupy a retirement apartment (the licence to occupy). This was said to be worth approximately $300,000.2 Estate planning and will instructions: [13] Mr A’s estate planning instructions to Ms McDonnell were that all prope...

9. OIA-120087.pdf [pdf, 5.5 MB]

   ...Private Investigators Act 2010 (PSPPI Act) was passed to improve the occupational regulation of the private security industry. Under the PSPPI Act, organisations and individuals who want to provide security services must be licenced and certified. Licences and certificates are issued with class endorsements. Relevantly to the retail context, one of the classes is ‘property guard’, which we refer to in this briefing as ‘security guard’.7 Further information is set out in Appendix 1....

10. Matheis v Ling [2016] NZIACDT 30 (13 June 2016) [pdf, 169 KB]

    ...reviewing the material filed by Ms Ling’s counsel she accepted: [4.1] Ms Ling was licensed under the regime prior to a requirement for formal training; and [4.2] The Registrar would expect Ms Ling to complete a refresher course when renewing her licence, if the Tribunal did not impose other training requirements. The Complainant [5] The complainant did not provide submissions. Mr Ms Ling [6] Ms Ling’s counsel provided submissions, and supporting material that are critical to t...