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1. Chalecki v Accident Compensation Corporation [2015] NZACA 12 [pdf, 282 KB]

   ...Corporation stated in a letter to Mr Chalecki that it accepted the 1993 rehabilitation programme and saw no reason to make unnecessary changes. As for the grant, the Corporation felt that it would not have led to his increased independence. Civil proceedings against Corporation [34] In about 1996, Mr Chalecki sued the Corporation in a civil action for breach of statutory duty, negligence and misfeasance. He alleged that the Corporation had pressured him into self-employment th...

2. Boon v Tuwhangai - Kawhia U2B Block [2020] Chief Judges MB 1084 (2020 CJ 1084) [pdf, 309 KB]

   ...signed by MM Moke, N Tuwhangai and JM Ormsby and stated that the shares were being purchased as tenants in common. 22. At 105 OT 203-204 the Court noted that s 215/53 precluded the Court from alienating Māori land “owned for a legal estate in fee simple by more than ten owners as tenants in common”. 23. This view was further endorsed in a letter to Counsel for the vendor, dated 4 September 1991, where the Court stated There is no dispute that he land is Maori land and t...

3. INZ (Calder) v Ahmed [2019] NZIACDT 18 (2 April 2019) [pdf, 225 KB]

   ...2014, an unknown employee of ISAS confirmed to Mr EE that he met the basic requirements for being a skilled migrant to New Zealand.1 Mr U discussed the application with Mr EE on 19 July 2014. Mr U then wrote referencing their discussion, advising fees and stating that he would arrange a meeting with the licensed adviser. This appears to be an “online meeting”, which was arranged for 26 July 2014 at 12:00 pm. No record of this meeting has been provided to the Tribunal. [25]...

4. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [pdf, 169 KB]

   ...complaint has been upheld, the Tribunal may impose sanctions pursuant to s 51 of the Act. [96] A timetable is set out below. Any requests that Ms Penty undertake training should specify the precise course suggested. Any request for repayment of fees or the payment of costs or expenses or for compensation must be accompanied by a schedule particularising the amounts and basis of the claim. [97] An aggravating feature of Ms Penty’s conduct is that she filed five of the visa ap...

5. INZ (Carley) v De'Ath [2018] NZIACDT 45 (13 November 2018) [pdf, 213 KB]

   ...provided false and misleading information to Immigration New Zealand on multiple occasions. The clients had said he had not provided a written agreement, which is a requirement of the Code. Furthermore, they may not have been fully informed of the fees they needed to pay. [10] According to the letter, Immigration New Zealand was concerned that Mr De’Ath might not be meeting his professional responsibilities due to the lack of direct communication with his clients and his relia...

6. Proactive Release - Amendments to the Criminal Proceeds (Recovery) Act 2009 [pdf, 2.7 MB]

   ...activity. The property would be forfeited unless the respondent provides evidence that the property was legitimately obtained. 5. The proposed powers would enable restraint and forfeiture in a more efficient and effective manner. Amendments to CPRA’s civil regime are likely to be more effective at deterring transnational and organised criminal activity than new criminal offences. 6. The proposed powers are expected to increase the revenue of the Proceeds of Crime Fund by $25 million...

7. CAC20004 v Li & Ors [2015] NZREADT 6 [pdf, 179 KB]

   ...paid by Ms Wang to the complainants despite the availability of such an order. In any case, the potential loss for the complainants could be the deposit of $37,500 due under their said agreement to purchase and that issue could be dealt with by a civil Court in due course. [23] Mr Rea submits that there are a number of mitigating factors to be raised on behalf of Ms Wang. He puts it that neither she nor any salesperson in the team associated with her has been the subject of any previ...

8. Tweeddale v Pearson [2010] NZWHT Wellington 4 [pdf, 230 KB]

   ...litigation. If the parties resort to formal adjudication through state-supported litigation there is distinct public expenditure involved. It was therefore important, as Lord Woolf MR pointed out in Access to Justice, the Interim Report on the civil justice system in England and Wales, to have a policy “to develop measures which will ncourage reasonable and early settlement of proceedings”. (Chapter 24, at para 1. See also Final Report, at chapter 11.) [58] In summary, it i...

9. Form 1a - Application for criminal legal aid - Police Prosecutions [pdf, 269 KB]

   ...8. Which ethnic group do you belong to? Partners & Children 9. Do you have any financially dependent children? Also include children not living with you but who you support financially. A partner is: • a wife or husband • a civil union partner • a de facto partner (someone with whom you have a relationship in the nature of marriage) No Yes - How many? How many live with you? 10. Do you have a partner? No Yes Please go to question 11 11. Wha...

10. Deer - Estate of Rihi Hoone Pekama [2017] Chief Judge's MB 133 (2017 CJ 133) [pdf, 436 KB]

    ...[2009] Chief Judge’s MB 209 (2009 CJ 209) at [15]. 2017 Chief Judge’s MB 142 [14] As stated in Tau v Nga Whanau o Morven & Glenavy – Waihao 903 Section IX Block, 2 the Chief Judge must exercise his jurisdiction by applying the civil standard of proof on the balance of probabilities having regard to that standard’s inherent flexibility that takes into account the nature and gravity of the matters at issue. This means that the applicant must establish on the ba...