Search Results

1. TSO v Hassan [2013] NZIACDT 52 (16 August 2013) [pdf, 125 KB]

   ...15 January 2012, the complainant’s current visa expired and she was in New Zealand unlawfully as a result. [14] On 17 January 2012, Immigration New Zealand received the resubmitted the work visa application from Mr Hassan. This was treated as a request for a visa under section 61 of the Immigration Act. 3 [15] On 21 January 2012, Mr Hassan wrote to Immigration New Zealand regarding this request stating, among other things, that the application had been submitted before t...

2. Khan v Devi [2014] NZIACDT 29 (17 March 2014) [pdf, 103 KB]

   ...Singh, Singhs Barristers & Solicitors, Auckland. Date Issued: 17 March 2014 2 DECISION Preliminary [1] The essence of the complaint was that the adviser did not deal with the complainant; rather, unlicensed staff performed the professional duties and mismanaged the complainant’s instructions. [2] The adviser was the only licensed immigration adviser in her practice. She says unlicensed persons provided clerical services, but did not provide professiona...

3. LCRO 3/2018 MA v JE and BN (19 June 2018) [pdf, 109 KB]

   ...drafted. Ms MA remained critical of the lawyers for not making the best use of the unsigned 2011 will, although Mr JE explained Ms MA was aware of the will because she had come in with her former partner and the will in 2010. Mr JE confirmed he had formed a view about the possible utility of the will in any court 5 proceeding, expressed the view that Ms MA had a good case without it and there were risks for her in seeking to rely on it. [18] Ms MA says she had forgotten abou...

4. Letter to submitters on Panuku Development Auckland Limited [pdf, 339 KB]

   ...staff can give you about how to proceed is limited, however, and you should consider seeking professional advice before becoming a party to the proceeding. If you do wish to become a party to this proceeding, please complete and return the attached form (Form 33 – section 274 notice) by 5:00pm on 16 July 2018. (The form can be downloaded from the Environment Court’s website at https://environmentcourt.govt.nz/forms-fees/). You will also need to serve your section 274 notice on Panu...

5. TR Environmental Law Conference Judge Newhook Paper [pdf, 156 KB]

   ...Principal Environment Judge Although legal rights exist, the cost of effective participation often places limits on a party’s ability to participate. What can be done to increase access to justice, maximise efficiency and minimise cost? Traditional forms of ADR as well as alternative hearing processes introduced by legislation and by the Court itself attempt to address these issues. This session will provide a summary of the varied forms of dispute resolution and guidance on the benefit...

6. ENV-2016-AKL-000189 Cabra Rural Developments Limited & Others v Auckland Council [pdf, 2.2 MB]

   ...sustainable management of resources . (b) The provisions in paragraph 7 above have been added, deleted or amended outside of the scope of submissions, contrary to section 148 (1) LGATPA. (c) The Council's decision is based on incomplete information. In particular the decision-makers did not consider or have access to: i. Interim Guidance provided by the Independent Hearings Panel for RPS Topic 013; ii. Updated Interim Guidance text for RPS Topic 011 - Rural Subdivision; iii. T...

7. BORA Commerce Amendment Bill [pdf, 418 KB]

   ...unreasonable search and seizure in section 21 of the Bill of Rights Act. Section 25(c): the right to be presumed innocent until proved guilty 7. Clause 21 of the Bill seeks to make refusal or failure without reasonable excuse to comply with specific requests for information an offence under section 103(1)(a) of the Act. Clause 21 gives rise to an issue of inconsistency with section 25(c) because the defendant is required to prove (on the balance of probabilities) an excuse to escape liab...

8. BORA Manukau City Council (Control of Graffiti) Bill [pdf, 322 KB]

   ...display of spray paint in retail premises and prohibiting its sale to minors, providing the Manukau City Council ('the Council') with power to remove graffiti on private property and providing the police with powers to arrest and request information. ISSUES OF INCONSISTENCY WITH THE BILL OF RIGHTS Section 14: Freedom of Expression 6. Clause 8 of the Bill requires a sign to be displayed in premises selling spray paint stating that it is unlawful to sell cans of spray paint to...

9. MW v EF Ltd [2019] NZDT 1304 (4 December 2019) [pdf, 248 KB]

   ...CI0301_CIV_DCDT_Order Page 5 of 6 company that has been pulled together from other sources into one document. Whilst that information is generic, it was sought. In addition, a task list was also created. A [redacted] partnership exploration was also produced, as requested. MW also attended a meeting with [redacted] as requested. 17. It is not possible to place a commercial value on this information. None of the documents went far enough, and MW never had sufficient access to...

10. Steele v Community Leisure Centre Ltd (Strike-Out Application) [2019] NZHRRT 9 [pdf, 254 KB]

    ...advised Mr Steele by telephone that his WAC membership was revoked. Later that day, Mr Steele met Mr Mullins and another WAC manager, Mr Scott Linklater, at the WAC. His membership was terminated at this meeting. [8] Mr Steele subsequently made a request to the WAC under the Privacy Act 1993 for a copy of the incident report. [9] On 4 July 2016, Mr Steele complained to the HRC alleging sexual harassment and naming the WAC as the respondent to his complaint. The HRC did not accept th...