New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Intent to deceive

Legal area

Court

12 Aug 2016

HAN v R [2016] NZCA 395

Citation

[2016] NZCA 395
Court

Court of Appeal

The jury could properly find the invoice figures were false because they represented amounts not charged and not owing by the offshore operators, thereby misrepresenting what General Travel was owed, and there was sufficient evidence to infer a deliberate intention to deceive from the appellant's conduct and the contradiction with the parties' agreed memorandum of understanding.
14 Nov 2014

SIDHU v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZHC 2841

Citation

[2014] NZAR 1371
Court

High Court

Under the statutory duty to disclose, omitted information is material if its nondisclosure deprived INZ of the opportunity to undertake a full assessment or would likely have led to further enquiries; the Tribunal had sufficient evidence to infer intentional withholding; therefore refusal of residence and denial of character waiver were lawful and appeal dismissed.