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1. Thoman v Devi [2014] NZIACDT 81 (15 September 2014) [pdf, 182 KB]

   ...complaint [38] The adviser’s conduct in this matter was serious. There was a sustained series of events where Ms Devi failed to engage with her client’s instructions an effective way. The immigration issues were important to her client and his family. [39] A penalty of $3,500 is proportionate to the offending, both in this matter and overall. It is significant, in terms of the seriousness of the offending, that part of this complaint relates to Ms Devi’s conduct when this Tribunal...

2. Prasad v Devi [2014] NZIACDT 88 (15 September 2014) [pdf, 182 KB]

   ...bankruptcy. Compensation [18] The orders for compensation do not have a penal component. They are effectively a statutory jurisdiction to allow complainants to recover loss and compensation for harm. The losses may well be recoverable in other civil recovery proceedings. The policy appears to be an expedient means of giving relief for civil breach of contract or other duties, and conferring it on this Tribunal to address when seized of the relevant facts. [19] Given the apparent polic...

3. David Bain report of Hon Ian Binnie QC on compensation claim amended [pdf, 1.4 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ..................................................

4. David Bain report of Hon Ian Binnie QC on compensation claim supplementary [pdf, 1.5 MB]

   REPORT FOR THE MINISTER OF JUSTICE ON COMPENSATION CLAIM BY DAVID CULLEN BAIN BY HON IAN BINNIE QC 30 August 2012 (supplemented in response to questions raised by the Minister at our meeting of 13 September 2012) - ii - Table of Contents MANDATE AND METHODOLOGY ........................................................................................................ 1 EXECUTIVE SUMMARY ......................................................

5. Retemeyer v Loloa - Estate of Tahuaka Waipouri (2016) 129 Taitokerau MB 288 (129 TTK 288) [pdf, 363 KB]

   ...whether a person was a whāngai: (a) Did the person grow up within the whānau? (b) Was this well known among the whānau? (c) Was this an accepted thing among the whānau? (d) Did the person become integrated into the whānau? [27] There is no dispute in the current case that Mr Retemeyer was raised by Tahuaka as her whāngai son. Mr Retemeyer gave evidence as follows. [28] Mr Retemeyer was born in 1938. Within weeks of his birth he was taken by Hariata Rehurehu and Haane N...

6. [2010] NZEmpC 84 Secretary for Justice v Dodd [pdf, 126 KB]

   ...provincial courts and the way in which they operate. The High Court of New Zealand and the District Court at New Plymouth are co-located in that city’s courthouse. High Court judges visit from time to time to conduct criminal trials and a variety of civil business. The District Court has two resident judges (including a Family Court judge) and sits more or less continuously (although for different periods) in its criminal, civil, family, youth and other miscellaneous jurisdicti...

7. Supplementary Regulatory Impact Statement: A New Trusts Act - Commercial and Financial Trusts [pdf, 957 KB]

   ...Act—Commercial and Financial Trusts Agency Disclosure Statement This supplementary Regulatory Impact Statement (RIS) has been prepared by the Ministry of Justice. The RIS describes the impacts of applying the Law Commission’s recommendations about family trusts to commercial and financial trusts. The Ministry considers the RIS supports two conclusions:  Most of the Law Commission’s recommendations should apply to commercial and financial trusts, including core trust princi...

8. [2022] NZIACDT 19 – TA v Tian (Sanctions) (25 July 2022) [pdf, 185 KB]

   ...the regulation of persons who give immigration advice. 8 [27] The focus of professional disciplinary proceedings is not punishment, but the protection of the public:4 …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 the practitioner for misbehaviour, although it may have that effect, but to ensure that appropriate s...

9. [2015] NZEmpC 144 NZ Meat Workers & Related Trades Union Inc v AFFCO NZ Ltd [pdf, 117 KB]

   ...fixture. [5] A Minute was also issued after that second directions conference. A hearing was then scheduled for 5-7 October 2015 (inclusive), the case’s current fixture. The Minute recorded the advice of counsel that there were then no known disputed interlocutory questions requiring resolution by the Court. Other directions were 1 New Zealand Meat Workers & Related Trades Union Inc v AFFCO New Zealand Ltd [2015] NZEmpC 93....

10. LCRO 3/2024 RP v TG (21 May 2024) [pdf, 262 KB]

    ...are the notes “sunset ccc & title” and “31/03/2022”. (c) Underneath that, in black: “v cl 21 18/06/2021 – wait for V to cancel P does not want to cancel”. [24] As discussed in more detail later in this decision, the applicant disputes that any advice about the effect and implications of the terms of the agreement was ever given to her until January 2022. [25] Between 22 and 27 January 2021, the finance condition date was extended again and the condition was then sa...