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

   ...fine of $100,000 or both, for offending where there is no knowledge of illegality, a fine of up to $100,000 . The courts have treated the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [18] A person see...

2. Carley (INZ) v Kim [2015] NZIACDT 107 (22 December 2015) [pdf, 182 KB]

   ...a fine of $100,000 or both for knowing offending, and a fine of up to $100,000 if the knowledge element is absent. The Courts treat the offending as having a gravity that reflects the range of penalties. In Hakaoro v R [2014] NZCA 310 the Court of Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court 2 . [27] The other eleme...

3. Brownlie v Brown - Pipituangi A (2011) 15 Tairawhiti MB 134 (15 TRW 134) [pdf, 126 KB]

   ...mailto:gordonw@nolans.co.nz 15 Tairawhiti MB 135 Introduction [1] This is an application for costs, following my decision of 2 July 2010 at 7 Tairawhiti MB 39-46 (7 TRW 39), where I reserved the question of costs. The case was subsequently appealed and now the costs issue is to be decided. Background [2] I covered the history of this case in my decision referred to above. I do think it helpful to reiterate the last few salient events in this long-running case. [3] After m...

4. 2017 NZSSAA 005 (8 March 2017) [pdf, 105 KB]

   [2017] NZSSAA 005 Reference No. SSA 147/16 IN THE MATTER of the Social Security Act 1964 AND IN THE MATTER of an appeal by XXXX of Tauranga, against a decision of a Benefits Review Committee BEFORE THE SOCIAL SECURITY APPEAL AUTHORITY Mr G Pearson - Chairperson Mr K Williams - Member Mr C Joe - Member Hearing at Auckland on 15 February 2017 Appearances For Chief Executive of the Ministry of Social Development: Nonita Jaura For the Ap...

5. DL (Decision to Prosecute) LCRO 164/2016 (26 October 2016) [pdf, 46 KB]

   ...review has been discussed in a number of decisions including decisions from this Office in relation to reviews of Committee decisions to lay charges to the Tribunal regarding practitioner conduct. [11] In Orlov v New Zealand Law Society the Court of Appeal determined that there was no threshold test to be met before matters could be referred to the Tribunal.4 The Court explained that:5 The protection to the practitioner once afforded by the threshold test [in the Law Practitioners...

6. RX v KL LCRO 31/2014 [pdf, 137 KB]

   ...Scope of Review [14] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

7. Parata v Lake - Ngarara West B3B (2004) 144 Aotea MB 105 (144 AOT 105) [pdf, 557 KB]

   ...rent, purchase money, royalties, or other proceeds of the alienation of land, or of any compensation payable in respect of other revenue derived from the land, affected by any order to 'which an application under section 45 of this Act or an appeal under Part 2 of this Act relates. (2) llotwithstanding anything in the Crown Proceedings Act 1950, any injunction made by the Court under this section may be e).pressed to be binding on the lvlaori Trustee. (3) Any injunction made by...

8. [2017] NZEmpC 120 Judea Tavern Ltd v Jesson [pdf, 158 KB]

   ...in that it might be taken to imply that the GST regime is engaged in some sort of limited, albeit cross-cancelling, way. That is not the case. The GST regime is directed at imposing a tax on the supply of goods and services. As the Court of Appeal recently observed in New Zealand Venue and Event Management Ltd v Worldwide NZ LLC, when considering the issue of the relevance of GST to costs awards: “… the losing party is not paying for a service provided to it by the successfu...

9. [2020] NZEnvC 152 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 680 KB]

   BEFORE THE EN�RONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA Kl OTAUTAHI IN THE MATTER AND BETWEEN AND Decision No. [2020] NZEnvC 152 of the Resource Management Act 1991 of an appeal pursuant to s120 of the Act GIBBSTON VINES LIMITED (ENV-2018-CHC-008) Appellant QUEENSTOWN LAKES DISTRICT COUNCIL Respondent Court: Environment Judge J J M Hassan Sitting alone pursuant to s279 of the Act Hearing: In Chambers at Christchurch Date of Decision: 16...

10. MVDT Annual Report 2019-2020 [pdf, 381 KB]

    ...Mr Bhatia (whose registered trading name at the time was 282 Cars), who sold the vehicle to Mr Bakker. The Tribunal ordered that Mr Bhatia refund the purchase price and pay other costs. Mr Bhatia, who failed to attend the Tribunal hearing, then appealed to the District Court claiming that he did not sell the vehicle. That appeal was upheld, with the District Court directing that the 4 “proper name for the defendant should be No Reserve Cars Ltd”, which Mr Bhatia had claime...