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1. INZ Calder v Ahmed [2019] NZIACDT 35 (23 May 2019) sanctions [pdf, 161 KB]

   ...the process by an adviser who is licensed and therefore both knowledgeable and subject to a code of professional standards. [22] I accept that the mode of rubber stamping undertaken by Mr Ahmed is at the lower end of the spectrum. He did not use offshore agents, but his own on-shore staff presumably working at the same office he did and where he would therefore have some oversight. More importantly, I found that Mr Ahmed was involved with the clients and their applications at the...

2. [2022] NZEnvC 093 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 249 KB]

   ...of the applicant.12 [16] The court has previously undertaken an assessment of “blameworthiness” when determining whether to award costs against councils.13 However, the recent High Court decision of Environmental Protection Authority v BW Offshore Singapore 6 Environment Court Practice Note, at clause 6.6. 7 Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 8 Foodstuffs (Otago Southland) Properties Ltd v Dunedin City Council [1996] N...

3. [2023] NZSSAA 8 (15 May 2023) [pdf, 162 KB]

   ...issue arose. It provides that New Zealand pension or benefits will be reduced where a person receiving that pension or benefit also receives a “benefit, pension, or periodical allowance” from overseas. [8] Section 70(1)(b) states that offshore pensions that are offset against NZS by identifying a: … benefit, pension, or periodical allowance or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing...

4. [2022] NZEnvC 152 Ngai Taiwhakaea v Whakatane District Council [pdf, 301 KB]

   ...settlement where compromise could have been reasonably expected; and 10 DFC NZ Ltd v Bielby [1991] 1 NZLR 587. [11] 6 (e) where a party takes a technical or unmeritorious point. The High Court in Environmental Protection Authority v BW Offshore Singapore Pte Ltd11 signalled a potential departure from the Bielby factors in favour of the High Court costs principles. However, this Court has identified concerns with the approach in BW Offshore and has accordingly conti...

5. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [pdf, 213 KB]

   ...were signed. [13] In the medium term, Mr De’Ath accepted the need for someone to undertake studies to become licensed and be based permanently in Manila. He could use video conferencing for document signing. He concurred that interaction with offshore clients had been in writing only and those investigated had not directly spoken to him. Mr De’Ath said that email and Facebook messages had been used. He accepted that providing templates outlining his services omitted the sign...

6. [2014] NZEmpC 211 Pyne Gould Corp Ltd v West [pdf, 94 KB]

   ...for costs. [5] In his supporting affidavit of 9 October 2014 Mr West deposes: 10.1 PGC has sold all its NZ based assets and therefore will have no cash in New Zealand. 10.2 PGC’s remaining material assets comprise ownership and shares in offshore entities Torchlight and EPIC. 10.3 There are now a significant number of regulatory and legal issues facing Torchlight and EPIC and PGC Group. The regulatory investigations have now been expanded to regulators in both New Zealan...

7. Calder v Bharani [2017] NZIACDT 12 (4 August 2017) [pdf, 146 KB]

   ...Zealand’s immigration regime, and for the reputation of his profession. [16] He has been practising in an environment where high level skills are required. Mr Bharani faced a very serious allegation of being party to unlicensed persons in an offshore office providing immigration advice. Had that element of the complaint been upheld, it would have been a very serious matter; under New Zealand law, such conduct amounts to a criminal offence and the professional consequences of...

8. [2020] NZIACDT 29 - Immigration New Zealand (Carley) v Penty (6 July 2020) [pdf, 119 KB]

   ...responsible for overseeing her work. [21] Furthermore, all of the clients involved had been successful and she notes that no complaint to the Authority had been made by any of them. 5 [22] Ms Penty contends that the arrangement with the offshore companies had ceased prior to the complaint being referred to the Tribunal. Novo had put in place new processes to ensure that there was no reoccurrence of the earlier wrongdoing. [23] It is submitted by Ms Penty that the appropr...

9. [2022] NZEnvC 174 Transpower New Zealand Limited v Northland Regional Council [pdf, 4.9 MB]

   ...activity • New Rule C.1.2.10a Vessels not underway – restricted discretionary activity • Rule C.1.2.12 Vessels not underway and sewage management – discretionary activity • Rule C.6.9.8 Discharges of untreated sewage from a ship or offshore installation – prohibited activity • Maps relating to Recognised Recreational Anchorages and Marine Pollution Limits in the Bay of Islands [3] The following people gave notice of their intention to become parties under s 274 of...

10. ENVC Hearing 6Oct14 WML evidence chief Severin Thiebaut [pdf, 974 KB]

    ...regularly participate in a wide range of consultancy projects involving a team of scientists and numerical modellers. I have contributed to more than 50 technical reports covering a broad range of topics, including metocean design criteria for offshore oil and gas facilities, exploration drilling, long waves in ports around the world and many other analyses for offshore or coastal projects. 3. I was instructed by Waiheke Marinas Ltd in March 2012 to analyse raw measured data at th...