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1. 2021-04-23 Minute - PC7 - Priorities conference 2 [pdf, 163 KB]

   ...Minister for the Environment under section 142(2)(b) of the Act) BETWEEN OTAGO REGIONAL COUNCIL (ENV-2020-CHC-127) Applicant _______________________________________________________________ MINUTE OF THE ENVIRONMENT COURT PLAN CHANGE 7 Deemed Permits: Expert Conferencing (23 April 2021) _______________________________________________________________ Introduction [1] As signalled in an earlier Minute,1 the court will refer to expert conferencing the topic of deemed permit...

2. Barlow v Phillips - Rangitoto Tuhua 55B1B and other blocks (2012) 282 Aotea MB 75 (282 AOT 75) [pdf, 419 KB]

   ...of Action [13] Submissions of Respondents [19] Evidence at Hearing [24] Findings on Factual Matters [73] Survey Evidence [81] Transfer of Rangitoto Tuhua 55B1B and 55B1A2 [83] Lease to the Society [84] Licence to Occupy [88] Waituhi Farms Lease [90] Canteen [91] ANZ Bank Account [92] Applicants’ Legal Submissions [94] Transfer of Rangitoto Tuhua 55B1B and 55B1A2 [95] Indefeasibility [100] Breach of Trust [10...

3. [2020] NZIACDT 45 - TTD v Zheng (14 October 2020) [pdf, 216 KB]

   ...in the decision of the Tribunal upholding the complaint and will only be briefly summarised here. [5] Mr Zheng, a licensed immigration adviser at the relevant time, is a director of New Zealand Integrity Investments Limited, of Auckland. His licence expired on 3 September 2020. [6] The complainant, a national of China, made contact with Mr Zheng in September 2018 about studying in New Zealand. He advised her and her husband to come on visitor visas first and then to seek stu...

4. Harvey v Standing [2012] NZIACDT 80 (28 September 2012) [pdf, 96 KB]

   ...separate bank account, and did not do so. He has not accounted for this money. It is simple misappropriation of trust funds. He has offered no explanation, justification or excuse. [17] Mr Standing is no longer a licensed immigration adviser, as his licence was cancelled by this Tribunal with effect from 15 August 2011. That was due to professional misconduct. However, that complaint was less serious than the misconduct disclosed in the present series of complaints. When his licenc...

5. Kim v Kim [2016] NZIACDT 56 (20 September 2016) [pdf, 211 KB]

   ...be: [3.1] Censure or caution; [3.2] An order for the repayment of all or part of the fees and expenses; [3.3] Compensation; and [3.4] Either a requirement to complete the Graduate Diploma in Immigration Advice; or [3.5] Cancellation of licence, in conjunction with an opportunity to apply for a provisional licence and a requirement to complete a Graduate Diploma in Immigration Advice. The Adviser’s position [4] Through her counsel, Ms Kim acknowledged and accepted...

6. Hewitt v Standing [2012] NZIACDT 72 (28 September 2012) [pdf, 96 KB]

   ...separate bank account, and did not do so. He has not accounted for this money. It is simple misappropriation of trust funds. He has offered no explanation, justification or excuse. [17] Mr Standing is no longer a licensed immigration adviser, as his licence was cancelled by this Tribunal with effect from 15 August 2011. That was due to professional misconduct. However, that complaint was less serious than the misconduct disclosed in the present series of complaints. When his licenc...

7. Shankar v Ahuja [2015] NZIACDT 106 (21 December 2015) [pdf, 196 KB]

   ...[8.3] A refund of fees of $1,725.00. Mr Ahuja’s response to this complaint [9] Mr Ahuja through his counsel acknowledged the findings against him, and said he was anxious to make amends as best he could. By that time, he had surrendered his licence as a licensed immigration adviser, and said he would not seek to renew it in the future. [10] He had recently qualified in law in New Zealand, his counsel indicated Mr Ahuja understood if he sought to practise, he would have to disclose...

8. Appendix 7 - Worked examples - other examples [pdf, 2.1 MB]

   ...submitters party to the Plan Change 7 Hearing process. 3. This analysis has been summarised here to provide worked examples to the Court. 4. There are 6 worked examples (scenarios), three of these represent water users that have more than 1 permit included in the analysis, so there are 6 water users, and 11 permits across 10 water meters within the worked examples. 5. The content of this memorandum are as follows: a) An overview table of the 6 water user scenarios included with...

9. R Singh v Kumar [2011] NZIACDT 34 (21 October 2011) [pdf, 92 KB]

   ...Decision Introduction [1] Mr Singh has complained about Mr Kumar’s conduct as a licensed immigration adviser. He says Mr Kumar required cash payments for his services and received payment in full. However, when his application for a residence permit was successful, he says Mr Kumar demanded more money which was not due, and retained his passport to secure payment. [2] Mr Singh also says a sum paid for the purpose of paying fees to Immigration New Zealand was misappropriated at this...

10. Kartikeya v Fernyhough [2014] NZIACDT 44 (03 April 2014) [pdf, 239 KB]

    ...complainant and her husband attended the adviser’s office. They had the name of a person working there. The signs at the premises indicated it was the practice of the adviser, a licensed immigration adviser, and he displayed an enlarged copy of his licence in the reception area. [2] A core element of the services the complainant and her husband sought related to immigration. [3] The complainant and her husband say they understood they were dealing with the adviser’s practice, but t...