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1. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [pdf, 306 KB]

   ...(4). 7 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 8 Section 50. 9 Section 51(1). 10 Section 53(1). 11 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97]– [98], [101]–[102] & [112]. 12 Statement of reply form, 10 May 2018, at Part 4: Ms Walke’s email of 4 June 2018 to the Tribunal. 13 Legislative requirements 3. A licensed immigration adviser must: … c. whether in New Zealand or of...

2. [2022] NZEmpC 123 CSN v Royal District Nursing Service NZ Ltd [pdf, 376 KB]

   ...legislative context. Of relevance too may be the social, commercial or other objective of the enactment. [54] On 28 October 2021, most sections of the Legislation Act 2019 came into force with the Interpretation Act 1999 being repealed. Section 10(1) confirms the Fonterra approach. This new provision states that “the meaning of legislation must be ascertained from its text and in the light of its purpose and context”. [55] Ms Fechney argued that a rights-based conclusion sh...

3. [2022] NZIACDT 29 - EQ v McCarthy (19 December 2022) [pdf, 322 KB]

   ...the same reason, only be briefly summarised here. 9 Section 51(1). 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 11 Z v Dental Complaints Assessment Committee, above n 10, at [97], [101]–[102] & [112]. 11 [59] Mr McCarthy had earlier in his life been a police officer for some years, but left due to burnout and a diagnosis of [redacted]. In addition, he developed a number of chronic stress-associated health p...

4. LCRO 35/2021 ZN v YM and XL (16 December 2021) [pdf, 237 KB]

   ...implication, to make any accusation against a person or to disclose something about any person for any improper purpose. (ii) Rule 10 – a lawyer must promote and maintain proper standards of professionalism in the lawyer’s dealings. (iii) Rule 10.1 – a lawyer must treat other lawyers with respect and courtesy. 3 (iv) Rule 11.1 – a lawyer must not engage in conduct that is misleading or deceptive or likely to mislead or deceive anyone on any aspect of the lawyer’s...

5. BORA - Abortion Legislation Bill: Crown Law's advice [pdf, 220 KB]

   ...6 Law Commission Alternative approaches to abortion law: Ministerial briefing paper (NZLC MB4, 2018) at [3.30]. 7 Wall v Livingston [1982] 1 NZLR 734 (CA) at 737. 8 Right to Life (CA), above n 4. 9 Right to Life (HC), above n 3, at [101]–[102]. 10 Right to Life (CA), above n 4, at [64]. 11 Right to Life (SC), above n 4, at [1]. 4 5327108_2 significance of the right, due to the greater deviance from the born alive rule it is likely to entail. The right not t...

6. Legal Aid Practice Standards Feb 17. [pdf, 526 KB]

   ...which the lawyer is either solicitor or counsel. Where any such evidence is contentious then the solicitor or counsel will need to seek leave to withdraw and the Ministry should be advised promptly. Dealings with Other People 10. A lawyer must: 10.1 In dealing with Judges, other lawyers, litigants in person, experts, court staff 9 and the Ministry of Justice, conduct him or herself in a courteous and professional manner in order to encourage and not impede good working relati...

7. [2023] NZEnvC 188 Wakatipu Equities Ltd v Queenstown Lakes District Council [pdf, 414 KB]

   ...the requirement that the PDP gives effect to the NPS-HPL.4 Legal principles [7] The NPS-HPL is secondary legislation within the meaning of the LA and its meaning is to be ascertained from its text and in light of its purpose and context (s10(1), LA). That is also the case for the National Planning Standards 2019 (‘PS’) (provisions of which apply in the interpretation of the NPS-HPL and the PDP).5 We are satisfied that those statutory interpretation principles are materially...

8. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   ...and Disciplinary Tribunal [2017] NZHC 376 at [93]. 14 Immigration Advisers Licensing Act, s 50. 15 Section 51(1). 16 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 17 Z, above n 16 at [97], [101]–[102] and [112]. 14 [80] The complainant confirms that when she first met FN in a supermarket on 30 June 2019, FN told her that she was an immigration agent and could deal with any visa applications. [81] The complainant spoke...

9. [2022] NZEmpC 151 Kang v Saena Company Ltd [pdf, 378 KB]

   ...at 103. 6 EN Ramsbottom Ltd v Chambers [2000] 2 ERNZ 97 (CA) at [19]−[20]; Ngawharau v Porirua Whanau Centre Trust [2015] NZEmpC 89, [2015] ERNZ 748 at [67]−[69]; and Nath v Advance International Cleaning Systems (NZ) Ltd [2017] NZEmpC 101 at [28]. 7 Cornish Truck & Van Ltd v Gildenhuys [2019] NZEmpC 6, (2019) 16 NZELR 426 at [45]; and Concrete Structures (NZ) Ltd v Ward [2020] NZEmpC 219, [2020] ERNZ 495 at [28]−[29]. 8 Deng v Zheng [2022] NZSC 76 at [48]; see also T...

10. [2022] NZIACDT 17 - SU v Murthy (18 July 2022) [pdf, 305 KB]

    ...Disciplinary Tribunal [2017] NZHC 376 at [93]. 17 Section 50. 18 Section 51(1). 19 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151]. 20 Z v Dental Complaints Assessment Committee, above n 19, at [97], [101]–[102] & [112]. 13 Statement and bundle from the Registrar [71] The Tribunal has received the statement of complaint (30 June 2021) and a bundle of supporting documents from the Registrar. At the Tribunal’s request...