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BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2016] NZIACDT 5 Reference No: IACDT 023/14 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Dilipkumar Prajapati Complainant AND Apurva Khetarpal Adviser DECISION REPRESENTATION: Registrar: Mr A Dumbleton, lawyer, M
...Freedom from Discrimination 5. Section 19(1) of the Bill of Rights Act affirms that everyone has the right to freedom from discrimination on the grounds set out section 21 of the Human Rights Act 1993, which includes ethnic or national origins. 6. Clause 18(4) empowers the Minister to exempt imports from certain countries from a safeguard measure. The purpose of this provision is to ensure that New Zealand can comply with current and future bilateral trade agreements which provide that...
...of the Tomokia Ngā Tatau o Matangireia – the Constitutional Kaupapa Inquiry Panel on the Crown’s Treaty Principles Bill and Treaty Clause Review Policies P r e - p u b l i c a t i o n V e r s i o n ISBN 978-1-7385974-7-5 (PDF) www.waitangitribunal.govt.nz Typeset by the Waitangi Tribunal Published 2024 by the Waitangi Tribunal, Wellington, New Zealand 28 27 26 25 24 5 4 3 2 1 Set in Adobe Minion Pro and Cronos Pro Opticals The cover depicts (clockwise...
...person involved in legal proceedings to use NZSL in those proceedings. The presiding officer is required to ensure that a competent interpreter is available in such cases. The person cannot, however, insist on being addressed or answered in NZSL (clause 7 (1) - (3)). Clause 8 of the Bill makes it clear that these provisions do not affect the right of any person to use the language of any other linguistic community in New Zealand. 4. The Bill also provides that Government departments sho...
...for certain acts that could, without a "no liability" clause, be the subject of legal proceedings. 7. Assuming, however, for the sake of argument, that s 27(3) does touch on Parliament's ability to legislate "no liability" clauses, the question that arises is whether proposed ss 280E and 141AE amount to justified limits on s 27(3) BORA. 8. In my view, the proposed exclusion of liability in those clauses is a justified limit on s 27(3) in terms of s 5 BORA:...
...This Tribunal, with effect from 4 June 2013 cancelled Mr Hakaoro’s licence. [6] The Registrar identified potential infringements of professional standards during the course of Mr Hakaoro’s engagement. They were: [6.1] That Mr Hakaoro breached clauses 1.5(a), (b) and (d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code) in relation to written agreements. The grounds were: [6.1.1] Mr Hakaoro did not have a written agreement to provide immigration services.
...failure to set out, in writing, the fees, terms and conditions and the like. [12] The complainant’s Statement of Reply contained an additional allegation that the adviser failed to comply with the Code of Conduct in relation to written agreements (clause 1.5). The Tribunal in its interim decision informed the adviser that he was at risk of an adverse finding on that issue also. 3 Opportunity to respond [13] The interim decision noted the adviser disputed the alleged fa...
...members of the committee of management of the Mangaroa and Other Blocks Incorporated, (“the Incorporation”). [7] OTPP NZ Forest Ltd lease the land from the Incorporation for forestry purposes pursuant to a lease dated the 30 th of May 1983. Clause B(7)(1) of the lease requires OTPP to give preference to employing persons notified by the Incorporation. They must be given an opportunity to work on the land as and when a vacancy may arise. Clause B(7)(1) provides: Employmen...
...ATTORNEY-GENERAL LEGAL ADVICE CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: CREDIT CONTRACTS AND FINANCIAL SERVICES LAW REFORM BILL 1. We have considered whether the Credit Contracts and Financial Services Law Reform Bill (PCO 15644/14.0) (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill was considered by the Cabinet Legislation Committee at its meet
...conventional client file. [7] The Registrar identified potential infringements of professional standards during the course of the adviser’s professional engagement. The allegations were that Mr Bharani potentially: 3 [7.1] breached clauses 2(e) and 3(c) of the Code of Conduct 2014 (the 2014 Code). In particular: [7.1.1] He failed to obtain and carry out the lawful informed instructions of the applicant; and [7.1.2] He failed to act in accordance with New Zealand Im...