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1. BORA Register of Pecuniary Interests of Judges Bill [pdf, 299 KB]

   ...to seek, receive, and impart information and opinions of any kind and in any form. Freedom of expression includes the right not to be compelled to say certain things or to provide certain information. [1] Application of s 14 to the Bill 7. Clause 7 of the Bill requires every judge to make an initial return of pecuniary interests 90 days after appointment as a judge and cl 8 requires every judge to file returns annually. Clause 9 of the Bill specifies the information required. In...

2. [2010] NZEmpC 63 The CE of the Open Polytechnic Of NZ v Halsey [pdf, 32 KB]

   ...(appearing and heard by leave) Judgment: 20 May 2010 JUDGMENT OF CHIEF JUDGE GL COLGAN [1] This is a challenge by hearing de novo to a determination of the Employment Relations Authority delivered on 4 November 20091 interpreting a clause in a now expired collective agreement about weekly hours of work for staff at the Open Polytechnic of New Zealand (the Open Polytechnic). Although the collective agreement expired on 5 September 2009, it remains in force because the pa...

3. BORA Crimes And Misconduct (Overseas Operations) Bill [pdf, 19 KB]

   ...help restore law and order and functioning government institutions in that country. However, the Bill also covers any deployments for similar purposes that might at some time in the future be necessary. Section 26(1): Retroactive offences 5. Clause 2 of the Bill provides that the extension of New Zealand's criminal law to the non-armed forces personnel of an overseas operations force shall commence on 24 July 2003. Since this date will be prior to the date on which the Bill i...

4. Kong v Li [2015] NZIACDT 59 (15 May 2015) [pdf, 135 KB]

   ...determined the following complaints: [2.1] That Mr Li allowed an unlicensed person to provide immigration advice. This allegedly breached his duty to carryout lawful informed instructions from the complainant, with due care, diligence and professionalism (clauses 1.1(a) and (b) of the Licensed Immigration Advisers Code of Conduct 2010 “the Code of Conduct”). It also potentially constituted a breach of clause 2.1(b) of the Code of Conduct, if Mr Li failed to act in accordance with imm...

5. U v Tangilanu [2015] NZIACDT 61 1(19 May 2015) [pdf, 180 KB]

   ...DECISION This Complaint [1] This decision imposes sanctions, following a decision upholding a complaint against Ms Tangilanu (U v Tangilanu [2015] NZIACDT 35; see www.justice.govt.nz). [2] The complaints were: [2.1] That Ms Tangilanu breached clause 1.5(a), (b) and (d) of the Licensed Immigration Advisers Code of Conduct 2010 (the 2010 Code). Those provisions required Ms Tangilanu to have written terms of engagement, explain all relevant matters, and have her clients confirm in writ...

6. Ngatai - Matakana 1A7A (2002) 71 Tauranga MB 23 (71 T 23) [pdf, 1.5 MB]

   ...lessee as the draft lease and the Tauranga Minute Book Volume 71 Folio 28 standard lease used by the Maori Trustee as the MT lease)- Term: 19 years 6 months from 1 December 2002 Rent: As set out in Second Schedule of draft lease Page 6 Clauses from draft lease to be included: 2, 3 except for 3(a), 4, 5, 7,8, 10,12, 13, 14, 15, 18 to 28 and 30 to 45 Clauses from MT lease to be included: 1,4,5,6,7,8,10,11,12, 14,15, 17,18,19,22,23,28. Some of the clauses taken from the draft...

7. McGuckin - Whitianga Papa Tupu Ora Whenua Trust (2018) 385 Aotea MB 20 (385 AOT 20) [pdf, 391 KB]

   ...Bradley Jnr appointed as replacement trustees. She has also made application to vary the trust order to amend the provisions regarding the quorum for meetings, number of trustees and the payment of trustee fees and expenses as well as changes to clause seven regarding notice of general meetings. [2] Geraldine Taurerewa, another current trustee, opposes the application to appoint Mr Turoa as she says he is not an owner. She supports the appointment of Norman Bradley Jnr. Ms Taure...

8. NZ Law Commission review of the law of Trusts [pdf, 2.4 MB]

   ...that has given rise to trusts. This recommendation is central to fulfilling one of the core aims of this review: to make the law of trusts clearer and more accessible to those who are involved with trusts. We have included indicative draft provisions (clauses 1 to 6, see Appendix A) to illustrate how this recommendation could be translated into legislation. One of the important effects of having a statutory statement of what a trust is would be that it would be clear to the courts that, if an...

9. Uia v Tangilanu [2014] NZIACDT 62 (30 April 2014) [pdf, 105 KB]

   ...not compliant. The Statement of Complaint [4] The Registrar filed a statement of complaint. It says the complainant lodged the complaint on wider grounds, but the Registrar identified material that supports the following grounds of complaint. [5] The adviser breached the Licensed Immigration Advisers Code of Conduct 2010, in not establishing her professional engagement with a written agreement containing a full description of services (clause 1.5(b)). [6] In outline, the background...

10. Kashimoto v Mizoguchi [2016] NZIACDT 42 (30 August 2016) [pdf, 77 KB]

    BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2016] NZIACDT 42 Reference No: IACDT 046/15 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing Act 2007 BY The Registrar of Immigration Advisers Registrar BETWEEN Masanobu and Atsuko Kashimoto Complainants AND Kotaro Mizoguchi Adviser DECISION REPRESENTATION: Registrar: Mr A Dum