New Zealand Case Law: Decisions & Judgments

Topic

Licensing

Legal area

Court

7 Aug 2019

IMMIGRATION ADVISERS AUTHORITY v DISTRICT COURT & ANOR [2019] NZHC 1898 [6 August 2019]

Citation

[2019] NZHC 1898
Court

High Court

The District Court erred in law by deferring final determination of the appeals after upholding the Tribunal and by mischaracterising the purpose of the interim orders; r18.24 cannot be used to avoid the effect of s84 or to perpetuate interim arrangements that were intended to preserve positions pending appeal. The District Court must determine the appeals promptly and may, as part of that lawful determination under s84, vary the Tribunal's decision if appropriate in light of changed circumstances, but it may not lawfully defer final disposition to frustrate the Tribunal's sanctions.
21 Mar 2019

NARESH v NEW ZEALAND TRANSPORT AGENCY [2019] NZHC 523

Citation

[2019] NZHC 523
Court

High Court

The Court accepted the notice was filed within time and provisionally treated service as within time, but found no arguable question of law in the appellant's grounds (which were factual disputes, bias allegations and requests for rehearing). Accordingly the High Court has no current jurisdiction under s111A to hear a second appeal on those grounds and ordered the appellant to identify any specific question of law by 9 May 2019 or the appeal will be struck out.
27 Nov 2018

AUSTRALASIAN PERFORMING RIGHT ASSOCIATION LTD v 3228 BUSINESS LTD [2018] NZHC 3088

Citation

[2018] NZHC 3088
Court

High Court

APRA proved it owned the copyright and that the defendants repeatedly performed APRA's repertoire in public without a licence; in the absence of any defence and given evidence of repeated performances and flagrant conduct the Court awarded compensatory damages equivalent to the licence fees APRA would have charged, additional statutory damages under s121(2) for flagrancy, a permanent injunction restraining further unlicensed public performance, and costs on a 2B basis.
1 Jun 2018

TRAVLON COACHLINES (2005) LTD v NEW ZEALAND TRANSPORT AGENCY [2018] NZHC 1276

Citation

[2018] NZHC 1276
Court

High Court

By consent the Court extended the earlier interim relief so that the prior orders remain in force until two weeks after NZTA notifies Travlon of its decision on the 7 May 2018 licence application, with all earlier conditions continuing and the extension granted without prejudice to NZTA's decision-making.
30 Nov 2017

ANGELO v COMPLAINTS ASSESSMENT COMMITTEE 410 [2017] NZHC 2959

Citation

[2017] NZHC 2959
Court

High Court

The appeal is dismissed because the appellant failed to engage with the investigation and pre-hearing directions, did not raise his defence until the appeal, and his affidavit evidence is neither fresh nor cogent and does not show a real risk of miscarriage of justice; the Tribunal properly proceeded in his absence and the Tribunal's findings and sanctions stand.
2 Nov 2016

PEARSON AUSTRALIA GROUP PTY LTD v RANGITOTO COLLEGE [2016] NZHC 2603

Citation

[2016] NZHC 2603
Court

High Court

The application was dismissed because Pearson failed to establish the r 8.20 threshold that there was at least a real probability it had a claim against Rangitoto; the evidence relied on was speculative, the teacher incident did not establish institutional infringement, and respondent provided credible explanations for the matters said to be suspicious, so pre-commencement discovery was not necessary or justified.
2 Nov 2016

KHETARPAL v IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL [2016] NZHC 2624

Citation

[2016] NZHC 2624
Court

High Court

The High Court held the Tribunal's finding of dishonesty was sustainable: the applicant received substantial fees, materially misled the client and employer about progress, failed to lodge the promised s61 application despite telling INZ she would, and did not inform the client of the lack of progress; taken together these facts justified an inference of dishonest conduct and no error of law or fact was shown warranting intervention.
18 Jul 2014

FIRST SOVEREIGN TRUST LIMITED v SECRETARY OF INTERNAL AFFAIRS [2014] NZHC 1689 [18 July 2014]

Citation

[2014] NZHC 1689
Court

High Court

The Court declined to grant interim relief and adjourned both the judicial review and interim relief applications sine die, accepting the respondents' position that the applicant should exhaust its statutory appeal remedies and noting the Commission's undertaking to provide at least 15 working days' notice of the date of delivery and outcome of its decision, thereby preserving the applicant's opportunity to seek judicial review afterwards and avoiding immediate operational disruption.
30 May 2014

IMMIGRATION ADVISERS AUTHORITY v YAP [2014] NZHC 1215

Citation

[2014] NZHC 1215
Court

High Court

The appeal was allowed by consent: given the District Court's quashing of the Tribunal's finding of dishonesty but the remaining proven breach of clause 1.1(a) of the Code, reinstatement of the Tribunal's censure was appropriate; because the Authority's earlier refusal to renew the licence was based on the now-quashed sanctions and the Authority was functus officio, the High Court may direct reconsideration of the licence application to do justice.
30 May 2014

LOH v IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL [2014] NZHC 1166

Citation

[2014] NZHC 1166
Court

High Court

The High Court held the Tribunal did not act ultra vires in issuing reasoned liability decisions because s49(1) permits the Tribunal to regulate its procedures and s51(2) does not preclude separate liability reasons; appeal rights are lawfully confined to sanctions; dishonesty can properly be inferred from grossly excessive fees together with failures to inform, justify fees and deliberate misrepresentations; and the Tribunal's hourly‑rate reasoning was permissible as supplementary confirmation of excessiveness.