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1. [2022] NZEnvC 053 G & T Family Trust v Western Bay of Plenty District Council [pdf, 257 KB]

   ...guided by the general principles of the Court’s Practice Note.5 Paragraph 6.6(d) of the Practice Note lists five factors that are 1 Tairua Marine Ltd v Waikato Regional Council [2006] NZRMA 485 (HC). 2 Environmental Protection Authority v BW Offshore Singapore Pte Ltd [2021] NZHC 2577 at [19]. 3 Trotter v Brain [2015] NZEnvC 150 at [14]. 4 Bridgecorp Limited (In Receivership) v Hamilton City Council A021/2008, 5 March 2008 at [20]. 5 Environment Court Practice Note 2014, at claus...

2. IACDT annual report 2020 [pdf, 286 KB]

   ...annual report the unfortunate pattern of serious misconduct by licensed advisers known as ‘rubber stamping’. My predecessor, Mr Pearson commented on the practice in his last report. It occurs where an adviser uses unlicensed agents, often offshore, to recruit the clients and prepare the visa applications for lodging by the adviser. The adviser typically has little or no engagement with the application or the client. It is proving difficult to eliminate. Part of the problem...

3. [2024] NZIACDT 12 – RN v Li (14 March 2024) [pdf, 185 KB]

   ...much of which would have been plainly material. Mr Li’s conduct shows a disregard of the importance of professional standards. The breach can be considered to be of low-moderate gravity because Mr Li: (1) Was aware the complainant came from offshore which meant he was vulnerable in terms of understanding the visa process, nor did he speak English. (2) Was aware of the involvement of Mr X and needed to avoid the complainant relying on any guidance from him in relation to immigr...

4. 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...

5. IACDT annual report 2019 [pdf, 276 KB]

   ...Tribunal’s ability to reduce the backlog. There is an unfortunate pattern of serious misconduct by licensed advisers known as ‘rubber stamping’. Mr Pearson commented on it in his last annual report. It commonly occurs where an adviser uses offshore agents to recruit the clients and prepare the visa applications for lodging by the adviser. The adviser typically has little or no engagement with the application or the client. It is not just a breach of the Licensed Immigrat...

6. [2024] NZEnvC 102 Royal Forest and Bird Protection Society of New Zealand Inc v West Coast Regional Council [pdf, 273 KB]

   ...Practice Note in cl 10.7(j) as set out above. Consideration of the Bielby factors was queried by the High Court without also referring to the High Court and District Court Rules costs scales for guidance in Environmental Protection Authority v BW Offshore Singapore Pte Ltd (BW Offshore).4 In the interest of acting consistently with well-established principles in this s285 context, the Environment Court has continued to refer to the Bielby factors, where relevant. Implications of t...

7. Proactive release - Proceeds of Crime Fund: the future of the Fund [pdf, 1.2 MB]

   ...used CPRA monies to fund posts for two years in Hong Kong and the International Targeting Centre in Washington DC and to fund intelligence support back in New Zealand. These roles were established mid-2017 and have a dedicated focus on working with offshore partners to disrupt drug smuggling activities early in the supply chain preventing illicit drugs destined for New Zealand from leaving the source countries. 4. The success of this initiative was seen quickly By the end of 2017, more...

8. [2017] NZEnvC 172 Motiti Rohe Moana Trust v Bay of Plenty Regional Council [pdf, 185 KB]

   ...matters may be relevant: (a) Hauraki Gulf Marine Spatial Planning Documents (non statutory) developed recently and; (b) The Goat Island Sanctuary Study just published in relation to Gulf snapper stocks. (c) The Coastal/Marina plans/controls for NZ offshore islands (including Kermadec and Auckland islands). 5 are satisfied that with these conditions there is no undue prejudice. Furthermore, the evidence of the Crown on the matters identified is relevant to the hearing. Although...

9. BORA Taxation (Neutralising Base Erosions and Profit Shifting) Bill [pdf, 205 KB]

   ...artificially high interest rates on loans from related parties to shift profits out of New Zealand, hybrid mismatch arrangements that exploit differences between countries’ tax rules, and transactions with related parties which effectively shift profits to offshore members of the multinational group. 6. Section 29 of the Bill of Rights Act provides that the rights and freedoms which apply to natural persons also apply to legal persons, as far as practicable. Section 15 of the Companie...

10. BL & UL v AX [2014] NZIACDT 9 (05 February 2014) [pdf, 84 KB]

    ...holding a provisional licence. [29] In the circumstances, the adviser is entitled to the benefit of the doubt. I can be satisfied of no more than that it appeared to the adviser that the provisional licence holder from time to time visited her office offshore, and would receive referrals when she was there. I am satisfied that does not in itself step outside of the scope of direct supervision. [30] Furthermore, the adviser had a regime in place that, if the provisional licence holder com...