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1. AML/CFT Statutory Review - summary of submissions [pdf, 1.2 MB]

   ...are significant. AML/CFT tools and information can be invaluable to terrorism investigations although financing of lone actor terrorists is difficult to detect before an attack. New Zealand has identified vulnerabilities to financing of terrorism offshore. Our Act makes it harder for criminals to launder money and provides a significant disincentive to carrying out the criminal activity in the first place. The Act requires businesses to, among other things, check customer’s identific...

2. Balatbat v Sparks [2016] NZIACDT 27 [pdf, 254 KB]

   ...contractual services to BIL. Messrs Garlick and Gibson provide services in that way. Their role is to find an employment position for potential migrants. [18] The Philippines has a history of its nationals suffering exploitation when working offshore. Accordingly, Philippines law mandates that where a foreign company wishes to recruit more than 5 workers from the Philippines, they must be accredited to a licensed Philippines agency. The Philippine Overseas Employment Administrati...

3. Waitangi Tribunal - Wai 2522 2.5.0009 TPPA [pdf, 1.3 MB]

   ...the TPPA the Crown binds itself to enforcement provisions which also bind the Council without knowledge or consent. d) By ratifying the TPPA the Crown constrains the ability of the Tribunal to make recommendations as they would potentially preclude offshore investor access to investment in matters relating to land resource rights and other indigenous rights and property. e) The Crown has a duty to consult with the TTDMC and actively protect te Tiriti rights and the TTDMC have the right...

4. AMLCFT Statutory Review Final Report [pdf, 5.4 MB]

   ...clarifying the scope of some existing exemptions, such as for internet auctioneers, special remittance card facilities and non- finance businesses that transfer money or value. 33. Finally, amending the Act to define its territorial scope to ensure that offshore businesses that provide captured activities to or in New Zealand have the same obligations as businesses based in New Zealand. We consider that this approach will ensure an even playing field and that New Zealand businesses are n...

5. MSC v Scholes [2013] NZIACDT 58 (10 September 2013) [pdf, 239 KB]

   ...Ms Rubio is exempt from being licensed. This is a reference to section 11(h) of the Act. It provides that where persons provide “advice only in respect of applications... for a temporary entry class visa-temporary visa-student visa”, and do so offshore, they are exempt from the requirement to be licensed. [109] However, it appears that Ms Scholes has regarded that as authority for Ms Rubio to act on her behalf and perform her professional duties. That is not correct. [110] That is f...

6. LCRO 188/2018 KB v WQ and LT (22 January 2021) [pdf, 264 KB]

   ...development offered investors an opportunity to purchase first right of refusal agreements (“FRR agreements”) in respect to units that were to be constructed. [4] The development was being marketed both within New Zealand and, it appears, extensively offshore. [5] Mr WQ and Mr LT were partners in the firm Q Law Limited (QLL). [6] In around April 2011, QLL was instructed to act for AHVL. [7] QLL was instructed to review the FRR agreements, and to receive payments into the Q Law...

7. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [pdf, 306 KB]

   ...[98], [101]–[102] & [112]. 12 Statement of reply form, 10 May 2018, at Part 4: Ms Walke’s email of 4 June 2018 to the Tribunal. 13 Legislative requirements 3. A licensed immigration adviser must: … c. whether in New Zealand or offshore, act in accordance with New Zealand immigration legislation, including the Immigration Act 2009, the Immigration Advisers Licensing Act 2007 and any applicable regulations. Advisers 29. A licensed immigration adviser must not mis...

8. Waitangi Tribunal - issue 68 of Te Manutukutuku [pdf, 2.7 MB]

   ...law and practices, burials ; genetic modification ; material culture : mokomokai, artefacts, heritage, museum collections, archives, monuments, films/audiovisual 7 Natural resources and environmental management Minerals (surface, underground, offshore) ; atmospheric resources ; foreshore and seabed ; water ; regulation of fishing, water quality, pollution ; marine reserves, customary fishing, whales, dolphins, impact of pollution and run-off on coastal marine resources, commerc...

9. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...on such conduct to be readily justifiable. We note similar considerations apply in respect of the power to declare a “specified non- interference zone” under s 101B of the Crown Minerals Act 1991, to prevent on-site protests that would disrupt off-shore mineral exploration.20 We are satisfied that a power to declare a safe area prohibiting such conduct, where that conduct is specifically intended to prevent abortion services from being lawfully sought or delivered, is a proper limita...

10. International Covenant on Civil and Political Rights - summary record 5th report (continued) [pdf, 96 KB]

    ...they would be allowed entry upon arrival. If a passenger who was denied boarding stated their intention to claim asylum, the airline would refer them to the closest office of the United Nations High Commissioner for Refugees. Where a claim was made offshore, the claimant invoked the obligations of the country in which the claim was made. Where a passenger travelled to New Zealand and made a claim of asylum, New Zealand determined that claim consistently with its CCPR/C/SR.2697...