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1. [2023] NZIACDT 23 – ED v Dai (11 August 2023) [pdf, 245 KB]

   ...the complainant, with supporting documents. She further responded on 13 April 2022 to Mr Dai’s statement of reply. The complainant also gave oral evidence to the Tribunal. 11 Immigration Advisers Licensing Act 2007, s 45(2) and (3). 12 Section 49(3) and (4). 13 Sparks v Immigration Advisers Complaints 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, [...

2. [2013] NZEmpC 81 Brake v Grace Team Accounting Ltd [pdf, 191 KB]

   JUDITH BRAKE V GRACE TEAM ACCOUNTING LIMITED NZEmpC AK [2013] NZEmpC 81 [13 May 2013] IN THE EMPLOYMENT COURT AUCKLAND [2013] NZEmpC 81 ARC 108/10 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority BETWEEN JUDITH BRAKE Plaintiff AND GRACE TEAM ACCOUNTING LIMITED Defendant Hearing: 10, 11 and 24 July 2012 (Heard at Auckland) Counsel: Warwick Reid and Rachael Rolston, advocates for plaintiff Garry Polla

3. [2022] NZEnvC 029 Waimea Plains Landscape Preservation Society Inc v Gore District Council [pdf, 438 KB]

   ...on a raised earthworks abutment on the western bank and would suspend high- strength spiral strand cables as support for the bridge. On the east side of the river, the bridge would land on the stop bank adjoining Huron Street between its intersections with River Terrace and Church Street. This adjoining area is residentially zoned. [5] The bridge will be located within the rural zone and the Mataura River flood plain. [6] Although the proposal involves constructing a temporary c...

4. [2021] NZEmpC 146 Gafiatullina v Propellerhead Ltd [pdf, 394 KB]

   ...undermining the substantive justification for the ultimate decision to disestablish the role of Portfolio Manager and redistribute her other duties. There were good reasons for the decision. The disestablishment was substantively justified. 17 Sections 104(1) and 107(1)(e). See Hines v Eastland Port Ltd [2018] NZEmpC 79, [2018] ERNZ 224 at [128] and [131]. [109] In this case that is not the end of the inquiry. Having disestablished the role, the company was obliged to...

5. [2018] NZEnvC 025 Minister of Corrections v Otorohanga District Council [pdf, 16 MB]

   BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA Court: IN THE MATTER AND BETWEEN AND Decision No. [20181 NZEnvC 25 of the Resource Management Act 1991 of a direct referral pursuant to s 87G of the Act MINISTER OF CORRECTIONS (ENV-2017-AKL-92) Applicant OTOROHANGA DISTRICT COUNCIL Consent Authority Environment Judge J E Borthwick Environment Commissioner ACE Leijnen Environment Commissioner R Bartlett Environment Commissioner G Paine Hearing : I

6. [2009] NZEmpC WC 10/09 Terson Industries Ltd v Loder [pdf, 54 KB]

   ...up to 28th February 2005 and not being in breach of TIL’s Non Competition with TIL covenants….”. 10. The nature of this Vehicle Allowance and the related contingencies are set out in the First Agreement, Schedule 1 (page 5 of the rear blue section) headed up Special conditions (b). 11. The Second Agreement provided for payment of a “NO COMPETITION PREMIUM (“NCP”)”. The NCP was to be paid as “…a premium sum of $10,000 gross per annum separate and additional to all o...

7. Zhang & Cao v Chen [2019] NZIACDT 11 (1 March 2019) [pdf, 150 KB]

   ...that effect, but to ensure that appropriate standards of conduct are maintained in the occupation concerned. … 10 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] & [151] (citation omitted). 8 The purpose of disciplinary proceedings is materially different to that of a criminal trial. It is to ascertain whether a practitioner has met appropriate standards of conduct in the occupation con...

8. NT v Parker [2019] NZIACDT 71 (16 October 2019) Sanctions [pdf, 186 KB]

   ...understanding of, and consent to, that course of action was symptomatic of a lack of direct communication with the client. [23] The alternative interpretation of the immigration instructions which led to the filing of the expression concerned a specific section of the instructions and did not reflect a systemic misunderstanding by Mr Parker of the instructions. [24] As to withholding Immigration New Zealand’s letter of concern from the complainant, Mr Parker now sees that this...

9. INZ (Calder) v Shearer [2019] NZIACDT 52 (25 July 2019) Sanctions [pdf, 185 KB]

   ...2016, it sent similar letters to Ms Shearer regarding each of the 22 clients. A typical letter relating to one client noted that the visa application had stated Ms Shearer was the licensed immigration adviser, yet she had not signed the relevant section of the form. Furthermore, the covering letter had been signed by Mr B, on her behalf. Immigration New Zealand had also noted that Ms C and Mr S had been corresponding with it regarding the application, but these people had not been...

10. [2025] NZIACDT 09 – ZZ v Wen (10 February 2025) [pdf, 247 KB]

    ...The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 1 Immigration Advisers Licensing Act 2007, s 45(2) and (3). 2 Section 49(3) and (4). 3 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Immigration Advisers Licensing Act, s 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009...