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1. [2020] NZIACDT 12 - TSO v Essina (27 February 2020) - Sanctions [pdf, 154 KB]

   ...While Ms Essina did not represent the complainant in her capacity as an immigration adviser on that visitor application, she was the sponsor which Immigration New Zealand found to be unusual. [40] Ms Essina’s explanation to the Tribunal for her statement to Immigration New Zealand (that there was no NZQA evaluation), is that she overlooked it for various reasons. She was outside New Zealand at the time of the assessment, her workload was intense and she mistakenly used a templa...

2. TS v LD TI & EX& W Inc [2021] NZDT 1598 (23 July 2021) [pdf, 200 KB]

   ...Did TI and LD make any representation regarding [B]? 38. As I have found that TI and LD were in trade, any available remedy is obtained already under the CGA. No different outcome would have been achieved by applying contract law to the statement made prior to the sale. 39. I therefore do not need to consider the remaining questions outlined in paragraph 5 above. Conclusion 40. For the above reasons the claim against EX is dismissed. LD and TI are to pay $19,165.00 to...

3. [2021] NZREADT 47 - Cavanagh (25 August 2021) [pdf, 258 KB]

   ...Registrar to make a contribution towards his costs. [19] Mr Judd also submitted that the Registrar’s submission that Mr Cavanagh provided “relatively light information” to the Registrar was incorrect. He submitted that the witnesses who provided statements to the Tribunal had provided letters to the Registrar and there were no new witnesses. He noted that the Registrar continued to oppose Mr Cavanagh’s application even after receiving the affidavits filed in the Tribunal t...

4. VOaVO Fixed Fee schedules updated 29 Sep 22 [pdf, 295 KB]

   ...additional waiting time in excess of the thresholds specified above through an amendment to grant. This will, naturally, be ‘after the event’. It is difficult to provide ‘evidence’ of waiting time running over the specified thresholds, and so a statement is sufficient about the additional time and why it occurred. Discharge of any existing Protection or Restraining Order(s) It is not the intention of the VOaVO Act that someone protected by a Protection Order or Restraining O...

5. NH & UH v SD Ltd [2024] NZDT 666 (4 September 2024) [pdf, 250 KB]

   ...’s knowledge or permission. It is immaterial that SD Limited did not know that they were entering into [Property 1] to cut down the Sign. It is also immaterial that XS Limited did not know that the Sign belonged to NH and UH, because it is not a defence to a claim in trespass that the person undertaking the interference considered the act to be justified. 18. Given my finding that the Sign belonged to NH and UH was cut down without their permission by SD Limited’s employees, I fin...

6. Zhang v James Cook Hotel Ltd (Strike Out) [2025] NZHRRT 2 [pdf, 247 KB]

   ...applications advanced on the basis that a proceeding discloses no reasonable cause of action.7 Relevantly in this case, these principles are: [17.1] Pleaded facts, whether or not admitted, are assumed to be true.8 [17.2] The cause of action or defence must be clearly untenable.9 If a defect in the pleadings can be cured, an amendment to the statement of claim will normally be ordered.10 [17.3] It is not appropriate to strike out a claim summarily unless the Tribunal can be cer...

7. 2010 to 2013 Ministry of Justice statement of intent [pdf, 498 KB]

   1 E.64 SOI (2010) Statement of Intent 2010–2013 Ministry of Justice Presented to the House of Representatives pursuant to Section 39 of the Public Finance Act 1989 CROWN COPYRIGHT © ISSN 1175-8414 (print) ISSN 1178-6914 (online) This work is licensed under the Creative Commons Attribution 3.0 New Zealand licence. In essence, you are free to copy, dis...

8. [2019] NZEnvC 199 SKP Incorporated v Auckland Council [pdf, 7.9 MB]

   ...by climate change; • Traffic, parking and transportation in the vicinity of Kennedy Point. Cultural issues [13) We start with the legal principles stated at paragraphs 7 and 8 of this decision. Mr Gardner-Hopkins acknowledged the following statement of the High Court in Shepherd25 , as follows: 26 In many other areas of the law a retrial may be ordered if the Court were satisfied that course best serves the interests of justice. The more prescriptive terms of s294 are justifiabl...

9. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...email to Immigration New Zealand concerning the application to change the business plan. He acknowledged that the complainant was not completely innocent in that he had agreed to pay a large fee to the previous adviser in order to falsify “the statement”. He was complicit but had trusted the adviser. COMPLAINT [25] On 15 January 2015, the complainant filed a complaint (dated 12 January 2015) against Mr Sun with the Immigration Advisers Authority (Authority), headed by the...

10. [2019] NZEnvC 167 Western Bay of Plenty District Council v Bay of Plenty Regional Council [pdf, 13 MB]

    ...and pepeha (tribal saying, motto or proverb). [28] The HapO also added to the end of the Schedule item further explanatory material in relation to he whenua rangatira, te kauae runga mete kauae raro and nga kupu ahua. It appears to us that these statements provide additional background information but are not directly related to the evaluation of the island as an ONFL. While we consider that 8 the Councils should ensure that their records in relation to the island keep this info...