Ministry of Justice

Breach of professional obligations and Immigration Advisers Licensing Act 2007 / procuring and providing false information to INZ / entering further information after client signed blank application form / failure to provide copy of client files for inspection / adviser acquitted in a criminal prosecution / licence suspended and then expired / whether Tribunal can uphold complaint / failure to attend hearing / providing false evidence to IACDT / Code of Conduct 2014, cl3c, cl26e / Immigration Advisers Licensing Act 2007, s44, s49, s51 / insufficient evidence to prove adviser knowingly produced false documents / adviser permitted client to sign blank form / adviser failed to keep a copy of client’s files after they were uplifted by INZ / complaint partially upheld.

Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.

Sanctions decision / complaint upheld by Tribunal / failure to promptly refund money / adviser agreed to refund money upon ceasing a contract for services / Code of Conduct 2014, cl24b and c / Immigration Advisers Licensing Act 2007, s50 and s51 / complaint not serious / isolated incident of wrongdoing / adviser cautioned and ordered to make refund promised.

Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Cleland [2019] NZIADCT 25 / allowing unlicensed  person to give immigration advice / rubber stamping / failed to explain the agreement to clients / agreement did not describe the services to be provided / failed to advise clients of application status / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e, cl19f and cl26b / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / adviser’s actions serious / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / adviser censured / s511b / required to complete training / s511f / fined

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / partnership and cultural marriage visitor visa applications / failure to provide written agreement to client / failure to provide appropriate advice / failure to keep notes of meetings / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl18a, cl19a and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / immigration adviser not named / adviser failed to take due care in assessing complainant’s circumstances / failed to keep records of advice given / adviser negligent  / complaint upheld.

Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / student and visitor visa applications / failure to provide written agreement to client / adviser did not engage with client / adviser did not keep complete file notes / s442e of the Act  / breach of Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / unlicensed staff processed application / adviser did not personally obtain client’s instructions / no written agreement / adviser failed to keep file notes / complaint upheld.

Sanctions decision / complaint upheld by Tribunal / Hahn v Walke [2019] NZIADCT 19 / seminars / allowing unlicensed  person to give immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / s511a / advisor censured / s511e / prohibited from reapplying for licence  for two years / required to complete training before reapplying for licence / s511f / fined

Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / delays in preparing EOI / lack of refund policy / failure to refund / s442a of the Act  / negligence / Code of Conduct 2014, cl1, cl3c, cl19e, cl19k and cl24 / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / adviser did not have any involvement with file / unlicensed staff processed application / obligations cannot be delegated / agreement not tailored to client’s circumstances  / delay in preparing EOI unreasonable and negligent / advisor failed to offer a fair and reasonable refund / complaint upheld

Immigration adviser in breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / four heads of complaint alleged / misleading or dishonest conduct / s442d of the Act / failure to pay refund promised / failure to maintain all communications in required manner / failure to provide written communications for inspection / Code of Conduct 2014, cl24b & cl24c, cl26aiii and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / insufficient evidence of dishonest or misleading conduct / adviser failed to promptly provide promised refund / adviser breached written agreement with complainant / sufficient record of communications with clients existed / complaint upheld.

Sanctions decision / complaint upheld by Tribunal / GZ v Lu [2019] NZIADCT 15 / rubber stamping / adviser allowed unlicensed people to provide immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / issues of punishment and deterrence also considered / adviser’s actions were isolated and at lower end of disciplinary spectrum / acts not intentional / adviser was proactive in resolving complaint and correcting business practices / adviser cautioned / additional (online) training ordered.

Failure to properly manage refund of fee / unprofessional negotiations / no signed agreement of confirmed acceptance / complainant cancelled services & requested refund / adviser insisted on full & final settlement condition before paying refund / Code of Conduct 2014, cl1, cl18c, cl 24c / Immigration Advisers Licensing Act 2007, s442 / previous complaints upheld by Tribunal / Tribunal’s statutory authority cannot be ousted by agreement between the parties / registrar’s views on protection of public carries considerable weight in Tribunal / adviser acknowledged breaches in joint statement with registrar which Tribunal accepted / conduct stemmed from lack of understanding of professional obligations / adviser undertaking training & improved systems & processes / complaint upheld / adviser prevented from applying for any form of licence other than provisional licence for 12 months following completion of training / adviser censured & ordered to pay balance of fee to complainant.

Sanctions decision / negligence / adviser failed to assess eligibility of graduate work visa application / adviser now bankrupt / licence surrendered / Immigration Advisers Licensing Act 2007, s50, s51 / no basis for application & competent adviser would not have advised client to pursue it / adviser not responsible for application’s failure / adviser censured & ordered to pay $5,835 in refund of fees & expenses at $30 weekly.

Failure to engage with client / failure to deal with conflict of interest appropriately / long term business visa / complainant (client) purchaser of a business / adviser did not deal directly with complainant / adviser relied on vendor of business to be an intermediary / information provided in business proposal inaccurate / adviser sent emotional text to complainant after complaint made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2, cl3, cl6 / clear conflict of interest but no breach of cl6 / vendor an agent but not a client / adviser accepted instructions from conflicted intermediary but lack of due care & professionalism not part of complaint so no breach / lack of engagement with client cannot be excused by client consent / obligation to engage with client cannot be waived / adviser’s key failure accepting an intermediary & not personally engaging with complainant / text unprofessional but did not cross disciplinary threshold / complaint upheld.