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1. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...the Tribunal has taken account of Mr Yap’s expressions of regret and his determination to perform to the required standards. It is also relevant that Mr Yap practices outside of New Zealand. The Immigration Advisers Authority does try to include offshore licensed immigration advisers when disseminating information and advice for practitioners. However, it is more difficult for offshore advisers to obtain the collegial support available in New Zealand. [24] Further, it is important that...

2. [2024] NZEnvC 130 Yzendoorn v Hamilton City Council [pdf, 245 KB]

   ...be met to justify the award of costs against a public body. Unless the public body has failed to perform its duties or it has acted unreasonably, the standard will not be met. [26] Justice Cooke held in Environmental Protection Authority v BW Offshore Singapore Pte Ltd that the underlying reason for the high standard is as follows: 14 When a decision-making body exercises statutory powers, it may be appropriate for it to appear and address evidence and submissions justifying its dec...

3. IAA v Angon [2012] NZIACDT 62 (28 September 2012) [pdf, 94 KB]

   ...person Date Issued: 28 September 2012 2 DECISION Introduction [1] This matter is an “own motion complaint” presented by the Registrar pursuant to section 46 of the Act. It involves the procedures for an offshore Philippines-based adviser dealing with potential migrants located in the Philippines. [2] The issue of concern is that unlicensed staff dealt with clients, and Mr Angon who is licensed issued a certificate to Immigration New Zealand...

4. Notes from Crown Maori Relations hui Whanganui 4 May 2018 [pdf, 402 KB]

   ...sand mining and its effect on the environment. References were made to the need for black sand mining to be addressed, for fracking to be stopped, and the impact of 5 million tons of iron sand being extracted under a 35 year-consent and being sent offshore to China will likely impact on sustainability. • Treaty of Waitangi and Te Tiriti o Waitangi recognition by New Zealanders – a couple of speakers noted that there is a lack of understanding in society about the different versions...

5. [2021] NZEmpC 50 Vulcan Steel Ltd v Manufacturing & Construction Workers Union [pdf, 183 KB]

   ...ought to be declined on this basis. The company is not seeking orders from the Court requiring bodily samples to be taken from employees. Rather, it is seeking resolution of a dispute relating to the extent of its powers. 7 Udovenko v Offshore Marine Services (NZ) Ltd [2013] NZEmpC 174 at [11]. [13] There may, as Mr Yukich (advocate for the Union) says, be arguments about the existence, nature and scope of the implied term contended for by the company, but those arg...

6. BORA Overseas Investment (Owning Our Own Rural Land) Amendment Bill [pdf, 274 KB]

   ...we noted that the restriction on foreign ownership applied only to sensitive land, and that the limitation on the right was rationally connected to the Bill’s objective (to control ownership of sensitive New Zealand land by persons who are based offshore and whose connection with New Zealand is tenuous). Our analysis of the Bill is not materially different and we come to the same conclusion. Conclusion 11.We have concluded that the Bill appears to be consistent with the rights and fr...

7. [2023] NZEnvC 130 McCallum Bros Limited v Auckland Council [pdf, 151 KB]

   ...regarding when costs applications on the withdrawal of the Midshore Application should be filed, and when a decision would be made. It was agreed that in order to allow parties and the Court the chance to focus on the hearing of the substantive offshore consent appeal, a timetable for costs will be set to begin after the substantive hearing. Outcome [9] The Midshore Application is formally recorded as withdrawn. [10] The appeals by Manuhiri Kaitiaki Charitable Trust,5 Friends of...

8. [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...

9. [2016] NZEmpC 12 Auckland International Airport Ltd v APC oral judgement [pdf, 84 KB]

   ...other person or nominee or otherwise. In particular, the first respondent will need to provide particulars of all bank or other money accounts in which she is or has been interested, whether those are current or closed in New Zealand or off-shore. [15] In respect of closed accounts, those include only accounts which were operative after the commencement of the first respondent’s employment with the applicant. [16] The first respondent must disclose any term deposits whi...

10. International Covenant on Civil and Political Rights - concluding observations 4th report [pdf, 17 KB]

    ...on New Zealand’s obligations under the Covenant may not have been fully considered. The Committee is concerned about possible negative effects of the new legislation and practices on asylum-seekers, including by “removing the immigration risk offshore” and in the absence of monitoring mechanisms with regard to the expulsion of those suspected of terrorism to their countries of origin which, despite assurances that their human rights would be respected, could pose risks to the perso...