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1. 2017 NZSSAA 065 (17 November 2017) [pdf, 109 KB]

   ...is governed by s 70 of the Social Security Act 1964 (“the Act”). [3] The essential principle behind s 70 of the Act is that New Zealand taxpayers should not pay New Zealand Superannuation on a basis that puts a person who is entitled to an offshore pension into a better position 2 than a person who has remained in New Zealand through the whole of their working life. [4] Before applying s 70, it is necessary to establish, as a question of fact, the nature of the schem...

2. 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...

3. 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...

4. [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...

5. 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...

6. [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...

7. [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...

8. [2021] NZIACDT 22 – TC v Registrar of Immigration Advisers (3 September 2021) [pdf, 141 KB]

   ...TC (the appellant) against a licensed adviser, EI (the adviser). The Registrar considered that it disclosed only a trivial or inconsequential matter. [2] The adviser wrongly advised the appellant that a residence application could be made offshore. By the time the adviser discovered the mistake the appellant had left New Zealand. He chose not to return, so the application was not made. The appellant states that the adviser’s negligence deprived him of the chance to live in N...

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. BORA Accident Compensation Amendment Bill [pdf, 196 KB]

    ...and provides instead that all claimants who are close to, or above, superannuation qualification age receive up to two years of weekly compensation; b. extends ACC cover to the spouses or partners, and dependents, of New Zealand employees posted offshore; c. allows surviving spouses to receive up to five years of weekly compensation, regardless of age; d. moves from an annual review to a biennial review of the Accident Compensation (Liability to Pay or Contribute to the Cost of Treat...