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1. [2022] NZIACDT 18 - TQ v Gibson (25 July 2022) [pdf, 209 KB]

   ...party has sought an oral hearing. ASSESSMENT [35] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. File management 26. A licensed immigration adviser must: … 2 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 3 Section 49(3) & (4). 4 Sparks v Immigration Advisers Complaints and Disciplinar...

2. Regulatory Impact Statement Parliamentary privilege bill [pdf, 302 KB]

   ...Ministers,  such  briefings  are  not  protected by absolute privilege.   42. The Privileges Committee considers these briefings to be necessary for the conduct of proceedings  in Parliament and  therefore  requiring  the  same protection.   The Privileges Committee considered  that the narrower construction of “proceedings  in Parliament” adopted by the Court could have a  “chilling  effect”  on  the  flow  of  information  to...

3. CAC 414 & 416 v Tafilipepe [2019 ] NZREADT 13 (10 May 2019) [pdf, 332 KB]

   ...“marketing to the public”, such as signage placed on a property and advertisements in the media. He submitted that such an interpretation is unduly restrictive, and ignores the intent of r 9.6, which is to ensure that vendor clients have the protection of a listing agreement before any action is taken towards selling their property. [49] In the present case, he submitted, [ ] was given the address of the property, and the information contained in the Scope of Works. Furt...

4. LA Provider Manual Part 1 - provider approvals [pdf, 990 KB]

   ...and the areas of law for which they are applying  original or certified copy of Certificate of Standing - this must be valid when the complete application is received by the Ministry  information about service delivery systems  Client Care letter and/or standard letter of engagement  information about work experience history  signed declaration  information about the applicant’s competence and experience in the areas of law for which they are applying  rec...

5. PGP & QGP v FS LCRO 143/2014 (27 August 2015) [pdf, 72 KB]

   ...him to. 8 [36] If argument is advanced that Mr FS was acting in the role of a lawyer for his son, and was providing regulated services then the obligations nevertheless owed to Mr and Mrs GP were limited. He was under no obligation to protect the GPs’ interests. [37] Subject to any overriding duties to the court, a lawyer’s duty is to his or her client not the person on the other side of the dispute. The principle that a lawyer’s duty is owed to his or her client...

6. MG v Hu [2019] NZIACDT 33 (17 May 2019) [pdf, 118 KB]

   ...5 advises that she has purchased proprietary file management software specifically designed for immigration practitioners which assists in complying with file management obligations. She operates a sizeable immigration practice responsibly, carefully, successfully and in compliance with the Code. [22] The Tribunal was also sent the auditor’s report of 29 September 2017 and a further letter from her dated 30 April 2019. [23] The report was a follow-up to an earlier review t...

7. INZ (Calder) v Ji [2019] NZIACDT 68 (1 October 2019) Sanctions [pdf, 119 KB]

   ...immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice. [21] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:3 …It is well established that professional disciplinary proceedings are civil and not criminal in nature. That is because the purpose of statutory disciplinary proceedings for various occupations is not to punish...

8. [2021] NZEnvC 034 Coneburn Preserve Holdings Limited v Queenstown Lakes District Council [pdf, 3.9 MB]

   ...drafting of policy 41.2.1.22; (c) Issue 3: the appropriateness of the additional homesites included in the Ch 41 structure plan; ( d) Issue 4: the Village Activity Area; and (e) Issue 5: the approach to the Peninsula Hill ONL/Peninsula Hill Landscape Protection Area overlay. [9] This decision is confined to Issues 2 and 3.9 [1 OJ As for the remaining issues: 8 9 10 (a) the appeal point for Issue 1 was withdrawn by Jacks Point; (b) Issue 4 remains live but is subject to the prop...

9. BORA Social Security Amendment Bill [pdf, 272 KB]

   ...to: o the application process: o residence criteria: o the maximum stand down period (reducing the stand-down period to two weeks for all primary benefits): o periods for which main benefits are paid: • broadening a reference to hospital care (for the domestic purposes benefit for care of sick or infirm persons) so other forms of full-time, disability related care are included. SUMMARY OF BILL OF RIGHTS ACT ISSUES 7 Below is a summary of how the issues of inconsistency with...

10. BORA Animal Welfare Amendment Bill [pdf, 306 KB]

    ...with societal expectations, scientific knowledge, good practice, and available technology. Consistency with the Bill of Rights Act Section 21 – Right to be secure against unreasonable search and seizure 5.Section 21 of the Bill of Rights Act protects the right to be secure against “unreasonable search or seizure, whether of the person, property, or correspondence or otherwise”. Audit powers 6.Clause 37 inserts new ss 123A to 123D, which will enable the Ministry for Pr...