Search Results

1. [2022] NZIACDT 10 - BC v Lawlor (18 May 2022) [pdf, 192 KB]

   ...Immigration NZ sent a letter to Mr Lawlor raising concerns about the work to residence application, including that the brother-in-law did not have the required qualification or experience. NZQA had assessed the qualification at level 3. As for the offshore experience, it could not be assessed as genuine as no tax records had been provided. Furthermore, his New Zealand employer was not guaranteeing at least 30 hours of work weekly. Mr Lawlor had until 30 July 2019 to respond. [15...

2. Y v Secretary for Justice [2023] NZRA 004 (12 April 2023) [pdf, 269 KB]

   ...if the matters had been heard in a judge alone trial proceeding on a technical defence basis. (c) The Applicant’s substantial experience in other cases. He submitted a further list of 10 cases in New Zealand, and a further six cases in an offshore jurisdiction, which together were said to independently show that he has experience across all (or at least most) key tasks and activities in the relevant area of law. [21] If the Secretary had misgivings over the value of the App...

3. IAA v Angon [2012] NZIACDT 62 (28 September 2012) [pdf, 94 KB]

   ...person Date Issued: 28 September 2012 2 DECISION Introduction [1] This matter is an “own motion complaint” presented by the Registrar pursuant to section 46 of the Act. It involves the procedures for an offshore Philippines-based adviser dealing with potential migrants located in the Philippines. [2] The issue of concern is that unlicensed staff dealt with clients, and Mr Angon who is licensed issued a certificate to Immigration New Zealand...

4. 2017 NZSSAA 065 (17 November 2017) [pdf, 109 KB]

   ...is governed by s 70 of the Social Security Act 1964 (“the Act”). [3] The essential principle behind s 70 of the Act is that New Zealand taxpayers should not pay New Zealand Superannuation on a basis that puts a person who is entitled to an offshore pension into a better position 2 than a person who has remained in New Zealand through the whole of their working life. [4] Before applying s 70, it is necessary to establish, as a question of fact, the nature of the schem...

5. Registrar of IAA v Ryan - [2019] NZIACDT 75 (7 November 2019) [pdf, 361 KB]

   ...operation and dealt directly with local and international partners and clients, in addition to providing HR resources as required. [49] According to Mr Ryan, all the staff, both contract and permanent, reported to him unless they were based offshore. The local reporting was day-to-day and was peer reviewed internationally. They were a highly successful boutique company with many long standing supportive clients. The management structure provided for a board, director, office...

6. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...the Tribunal has taken account of Mr Yap’s expressions of regret and his determination to perform to the required standards. It is also relevant that Mr Yap practices outside of New Zealand. The Immigration Advisers Authority does try to include offshore licensed immigration advisers when disseminating information and advice for practitioners. However, it is more difficult for offshore advisers to obtain the collegial support available in New Zealand. [24] Further, it is important that...

7. [2018] NZEnvC 046 Friends of Nelson Haven Tasman Bay Inc v Tasman District Council [pdf, 1.6 MB]

   ...mussel spat catching. The site has provided a reliable and consistent source of spat since the early 1980s and currently provides around 50 percent of spat for mussel farms in the northern part of the South Island. Other sources of spat include the offshore AMAs in Golden Bay/Mohua and Tasman Bay, a small number of sites in the Marlborough Sounds and seaweed washed ashore along Ninety Mile Beach in Northland. [49] Dr Kenneth Grange, consultant marine biologist for the Applicant, adv...

8. 2017 NZSSAA 037 (17 July 2017) [pdf, 214 KB]

   ...intended to prevent a form of “double-dipping”, however, it permits persons who have an entitlement to a pension through a personal pension scheme which they elected to enter to retain the benefit of that scheme whether it is a New Zealand or an offshore scheme. [29] To implement the policy the law requires a comparison between the attributes of an offshore pension scheme and social welfare support available in New Zealand. A comparison will never be exact, and relies on a c...

9. [2018] NZSSAA 24 (15 May 2018) [pdf, 224 KB]

   ...to make an arrangement with a person receiving an overseas pension. The arrangement allows a person receiving both an overseas pension and New Zealand Superannuation to receive the full amount of New Zealand Superannuation, if they pay over any offshore pension payments. While s 70(3) says that the arrangement must be in accordance with “any regulations made under section 132C” of the Act,1 the appellant says that is not an obstacle. She contends s 70(3) only requires complian...

10. BORA Crown Minerals (Petroluem Exploration) Amendment Bill [pdf, 129 KB]

    ...relation to the latest version of the Bill (PCO 21527/2.2). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice. 3. The intent of the Bill is to prohibit the grant of any new offshore exploration permits for petroleum and to offer onshore exploration permits in Taranaki only. The Bill therefore amends the Crown Minerals Act 1991 to specify that: a. new exploration permits for petroleum will be available only in onsho...