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1. [2024] NZIACDT 18 – KL v Lawlor (24 May 2024) [pdf, 145 KB]

   ...breaches of the specified provisions of the Code: 1. Failing to provide the correct advice regarding the impact of travel on the resident visa application, in breach of cl 1. 2. Lodging the resident visa application while the complainant was offshore, contrary to immigration instruction S6.10(b), in breach of cl 1. 3. Failing to provide a copy of the application to the complainant to review before filing, in breach of cl 1. 4. Failing to fully respond to Immigration NZ’s lette...

2. [2018] NZSSAA 24 (15 May 2018) [pdf, 224 KB]

   ...to make an arrangement with a person receiving an overseas pension. The arrangement allows a person receiving both an overseas pension and New Zealand Superannuation to receive the full amount of New Zealand Superannuation, if they pay over any offshore pension payments. While s 70(3) says that the arrangement must be in accordance with “any regulations made under section 132C” of the Act,1 the appellant says that is not an obstacle. She contends s 70(3) only requires complian...

3. Committee on the Elimination of All Forms of Racial Discrimination – concluding observations 18th-20th reports [pdf, 191 KB]

   ...the treatment of persons in need of international protection so that it does not unfairly and arbitrarily discriminate against asylum seekers. 21. The Committee welcomes the State party’s decision to admit 150 asylum seekers from Australian off-shore refugee detention centres located in Papua New Guinea and Nauru. However, the Committee is concerned at reports that the State party is considering sending future asylum seekers to the said facilities, which has been criticized by the...

4. [2024] NZEmpC 209 Whare Manaaki Inc v Anderson and Ors [pdf, 216 KB]

   ...should not engage in speculation.4 2 Hannay v Mount [2011] NZCA 530 at [21]–[22]. 3 Dotcom v Twentieth Century Fox Film Corp [2014] NZCA 509, (2014) 22 PRNZ 479 at [31], citing Hannay v Mount, above n 2; and Wing Hung Printing Co Ltd v Saito Offshore Pty Ltd [2010] NZCA 502, [2011] 1 NZLR 754. 4 See Wing Hung Printing Co Ltd v Saito Offshore Pty Ltd, above n 3, at [41], aff’d Hannay v Mount, above n 2, at [21]. [13] Ancillary orders may be made if the Court c...

5. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...Immigration NZ sent a letter to Mr Lawlor raising concerns about the work to residence application, including that the brother-in-law did not have the required qualification or experience. NZQA had assessed the qualification at level 3. As for the offshore experience, it could not be assessed as genuine as no tax records had been provided. Furthermore, his New Zealand employer was not guaranteeing at least 30 hours of work weekly. Mr Lawlor had until 30 July 2019 to respond. [15...

6. BORA Overseas Investment Bill [pdf, 174 KB]

   ...and treats non-citizens who are not ordinarily resident in New Zealand differently from citizens and residents of New Zealand. 7. The Bill’s policy objective is to control ownership of sensitive New Zealand assets by persons who are based offshore and whose connection with New Zealand is tenuous. The Bill seeks to achieve this objective by imposing a consent regime under which the impact of proposed investments can be given proper consideration, which seems to bear a rational and...

7. [2020] NZEmpC 137 Sinton v Coatesville Motors 2013 Ltd [pdf, 145 KB]

   ...Ltd, Judge Couch held that the Court could hear and decide matters which were not actually determined by the Authority, providing they were a part of the Authority’s investigation. [10] As was observed by (now) Chief Judge Inglis, in Udovenko v Offshore Marine Services (NZ) Ltd, an overly technical approach is not to be taken on this issue, as this would enable form to trump substance. The Court referred to dicta of the Court of Appeal that parties should have every opportunity t...

8. Notes from Crown Maori Relations hui Taranaki 5 May 2018 [pdf, 432 KB]

   ...delegates responsibility to local government, but there is no monitoring, no accountability to central government and that there needs to be a mechanism for this. • Te Taiao – the environment -Two speakers raised the point that with the end to offshore drilling in Taranaki, there also needs to be investment in renewable energy. We absolutely oppose the nationalisation of freshwater. All freshwater in the rohe comes from Taranaki maunga, and because we have a different relation...

9. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...guided by the general principles of the Court’s Practice Note.5 Paragraph 6.6(d) of the Practice Note lists five factors that are 1 Tairua Marine Ltd v Waikato Regional Council [2006] NZRMA 485 (HC). 2 Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 3 Trotter v Brain [2015] NZEnvC 150 at [14]. 4 Bridgecorp Limited (In Receivership) v Hamilton City Council A021/2008, 5 March 2008 at [20]. 5 Environment Court Practice Note 2014, at claus...

10. IACDT annual report 2020 [pdf, 286 KB]

    ...annual report the unfortunate pattern of serious misconduct by licensed advisers known as ‘rubber stamping’. My predecessor, Mr Pearson commented on the practice in his last report. It occurs where an adviser uses unlicensed agents, often offshore, to recruit the clients and prepare the visa applications for lodging by the adviser. The adviser typically has little or no engagement with the application or the client. It is proving difficult to eliminate. Part of the problem...