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1. UI v T Ltd [2025] NZDT 11 (27 January 2025) [pdf, 138 KB]

   ...bar. 11. The Court explained that the "proportionality test" may be "cross-checked" against the "punitive purpose test" – i.e. whether the predominant purpose of the secondary obligation is to punish rather than to protect legitimate performance interests. However, the Court described the tests as "two sides of the same coin". 12. UI submits that the fine of $65.00 is disproportionate to the actual parking fees that would have applied, which...

2. [2023] NZEnvC 189 Feeley v Queenstown Lakes District Council [pdf, 660 KB]

   ...other lots depicting five associated 48 Rule 24.5.1.6 does not apply. 49 Pfluger EIC, Figure 4. 28 building platforms. [83] Rather, we find that anything additional to a total of six house sites or building platforms would need to be carefully tested for whether it would be contrary to the PDP’s relevant objectives and policies. That is to say, care must be taken to avoid any incremental development that would fail to maintain landscape character and visual amenity va...

3. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

   ...having regard to Ms Tian’s record, her attitude to clients and to the disciplinary process, cancellation of her licence is an appropriate step. It is not opposed by Ms Tian who was notified this sanction would be considered.14 The public must be protected. Further comprehensive retraining would not be an adequate protection. There is no evidence the retraining directed in the earlier sanctions decisions has remedied her lack of professionalism. Cancellation is appropriate, no...

4. [2019] NZEnvC 203 Director General of Conservation v New Zealand Transport Agency [pdf, 7.8 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO O AOTEAROA Mt Messenger IN THE MATTER AND BETWEEN AND AND AND AND AND AND Decision No. [2018] NZEnvC 2 0 3 of the Resource Management Act 1991 of six appeals under s 120 and/or s 17 4 of the Act for Mount Messenger Bypass proposed State Highway 3 between Uruti and Ahititi, North Taranaki DIRECTOR-GENERAL OF CONSERVATION (ENV-2019-WLG-000003) (ENV-2019-WLG-000004) TE RONANGA O NGATI TAMA TRUST (ENV-2019-WL

5. [2019] NZEnvC 044 Director-General of Conservation v Thames-Coromandel District Council [pdf, 3.3 MB]

   ...harvesting; Development such as building platforms, topSOil stripping , access ways, roads and telecommunication infrastructure; Earthworks for stock races or farm tracks. fencIng or tandscaplng. MaIntenance andlor Repair means the regular and on-going protective care of an arChaeological sile or area, or a Site of Significance to Maori 10 prevent deterioration. It also means the resloration of a historic heritage Item (inC luding pert of the heritage item) or 0 building in a historic heri...

6. Singh v Devi [2011] NZIACDT 22 (7 July 2011) [pdf, 103 KB]

   ...Conduct developed pursuant to section 37 of the Act (published www.iaa.govt.nz) is also material. Section 44(2) makes a breach of the Code grounds for upholding a complaint. [3] Clause 1 of the Code requires a licensed immigration adviser to, with due care, diligence, respect and professionalism, perform his or her services, act on proper instructions, and pursue their clients’ interests. That clause also requires personal documents to be secured and returned to a client. Factual Iss...

7. LG v Otago SC LCRO 275 / 2011 (29 May 2012) [pdf, 80 KB]

   ...discretion as to the seriousness of the breach and whether the breach is such as could be considered to be misconduct as defined in section 7 of the Act. If that is the conclusion of the Committee, then it must refer the matter to the Tribunal, being careful not to draw the conclusion that the conduct does constitute misconduct. As the Committee has correctly noted, that is a finding that only the Tribunal can make. [25] However, if the Committee forms the view that the conduct could...

8. Powerpoint NZLS Workshop - HOW TO RUN A RESOURCE MANAGEMENT CASE [pdf, 815 KB]

   ...multidisciplinary teams of experts – Role of lawyer – advocate – Role of expert – objective / impartial expert – Planners should not become advocates – Lawyers role critical • The Application – Application needs to be prepared very carefully – Prescribed forms – Needs to reflect strategy – Make sure it covers everything client needs to do – Cannot get what you do not apply for! – Arapata Trust v Auckland Council • AEE – Section 88 / Schedule 4 set...

9. BT v WN Ltd [2023] NZDT 14 (19 April 2023) [pdf, 111 KB]

   ...witnesses or evidence to support her claims. In making this decision BT understood that the Tribunal would make its decision based on the relevant law including the sale and purchase agreement. [8] As stated at hearing, to determine this matter I have carefully considered the extensive written documents provided, the oral evidence of the parties, and the relevant law, including the law of contract, the Contract and Commercial Law Act 2017 (CCL), the Fair Trading Act 1986 (FA) and the...

10. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

    ...request an oral hearing. 7 ASSESSMENT [31] 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. Futile immigration matters 9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must: a. advise the client in wr...