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  • Immigration New Zealand's error in granting permit in one case raises no legitimate expectation for another applicant in same situation

    Case notes
    Immigration New Zealand (INZ) declined application for a graduate work permit because applicant did not meet the criteria applicable at the time—complainant claimed decision unreasonable because other applicants in his situation were granted permits—Ombudsman found no evidence that INZ made a practice of granting graduate work permits outside the terms of the policy as a matter of course and failure (to correctly apply policy) in one case should not raise legitimate expectations for other applicants
  • Department of Corrections reasonably held inmate in segregation

    Case notes
    Unreasonable placement of inmate on precautionary segregation—written material found in his cell which reflected on the safety of prison staff—placement not deemed unreasonable
  • New Zealand Customs Service questioned over acceptance of deposit pursuant to legislation

    Case notes
    Refusal to pay interest following resolution of dispute over Customs value of goods—whether relevant documentation provided at the time of importation—whether s 140 of the Customs Act 1966 (repealed) conferred authority on Department to take deposit—investigation discontinued following discovery that company did not exist as legal entity at the time complaint was made
  • Department of Corrections should explain reasons for declining application to be excused from PD reporting

    Case notes
    Refusal of application to be excused from reporting for periodic detention—incomplete explanation given at the time—reasons and apology provided—Criminal Justice Act 1985, s 41(3)
  • Immigration Service not required to consult original employer of overseas employee about new job

    Case notes
    Employee resigned from business which had recruited him from overseas—business knew employee was working for another company but was concerned that it had not been advised of this situation, given the original employee’s obligations for maintenance of person while in NZ—Ombudsman found Immigration Service not obliged to consult with original employee in this situation and the person was in NZ lawfully—Immigration noted original business’s concerns and agreed with the Ombudsman that it would, as a matter of fairness, advise the original business that it was no longer required to be responsible for either the maintenance of the employee or his repatriation, should that prove necessary
  • Immigration Service agrees to make applicants aware of need to renew permits in good time

    Case notes
    Delay in making decisions on applications for further temporary permits—effect of delay on applicant—no unreasonable delay by NZIS—applicants to be informed of need to apply for further permits in good time
  • New Zealand superannuation commences on day application received

    Case notes
    New Zealand superannuation surcharge—timing of application for superannuation—superannuation payable from day application received—Income Tax Act 1994, s OB 1, Social Welfare (Transitional Provisions) Act 1990, ss 3 and 5
  • Department of Corrections required to advise decision on day parole application

    Case notes
    Failure to advise inmate of decision on application for day parole—prison administration expected inmate to ask Case officer for outcome—responsibility for advising the outcome of a request/application normally rests with decision-maker—internal procedures changed to reflect normal practice