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1. [2025] NZIACDT 22 – ZZ v Wen (25 March 2025) [pdf, 214 KB]

   ...steps to reduce her exposure to future liability. She contacts independently with her clients and does not hand them over to unlicensed people. She has shifted her practice from work visas to primarily focus on education visas. Ms Wen gives more care to proper processes in her work. She has learned a quick and painful lesson. [16] As for the sanctions proposed by the Registrar: 1. A censure is not opposed. 2. In respect of training, Ms Wen states that the time and effort inv...

2. [2020] NZIACDT 21 - Immigration New Zealand (Carley) v Penty (18 May 2020) [pdf, 169 KB]

   ...uphold it but take no further action or uphold it and impose one or more sanctions.10 [59] The sanctions that may be imposed by the Tribunal are set out in the Act.11 The focus of professional disciplinary proceedings is not punishment but the protection of the public.12 [60] It is the civil standard of proof, the balance of probabilities, that is applicable in professional disciplinary proceedings. However, the quality of the evidence required to meet that standard may differ i...

3. [2021] NZEmpC 208 ABC v DEF [pdf, 315 KB]

   ...later challenge any without prejudice statements made at mediation. [5] The Authority convened a case management conference call at which it received oral submissions. Then the parties were sent an email stating that the Member had considered carefully the forceful submissions made by ABC that mediation should not proceed. The Member considered that mediation remained mandated by s 159 of the Act and could be of assistance to the parties in clarifying the claims or resolving the...

4. LCRO 61/2022 YJ v GQ (29 October 2024) [pdf, 218 KB]

   ...responsibility for the complaints. 10 The debtor was Ms IE. 5 8. Failing to intervene when counsel for PS made oral and incorrect submissions to the Court. 9. Generally, failing to give clear information and advice to Ms YJ and failing to protect her interests. [21] The outcome sought by Ms YJ was to have the invoices paid by her for the High Court proceedings and the Notary Public fees and travel costs reimbursed. Mr GQ’s reply [22] Set out below are extracts from...

5. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...[25] Professional standards must be maintained. The aspects of deterrence and denunciation must be taken into account. It is settled law that a penalty in a professional disciplinary case is primarily about the maintenance of standards and the protection of the public, but there can be an element of punishment. Disciplinary proceedings inevitably involve issues of deterrence, and penalties are designed in part to deter both the offender and others in the profession from offending in a...

6. LCDT - 2014 annual report [pdf, 656 KB]

   ...public become increasingly aware of their rights and the Law Society’s own processes continue to identify issues of concern. The focus of the Tribunal now will be to ensure that it operates as efficiently as possible, both judicially in its public protection role, and as an independent statutory tribunal. Judge D F Clarkson Chair Page | 9 Appendix 1 Membership during the period 1 July 2013 to 30 June 2014 Chair Judge Dale Clarkson Depu...

7. IJ v SO LCRO 76 / 2011 (15 February 2012) [pdf, 95 KB]

   ...was made by Ms M, a community support worker. In her affidavit Ms M set out her knowledge of the wishes of Mrs G, and she expressed concerns about the Applicant’s role in relation to his mother having revoked powers of attorney for personal care and welfare that had been held by her daughter, L, and having assumed these powers himself. She questioned whether Mrs G had the capacity to have taken this action, and questioned whether this was contrary to the wishes of Mrs G. The ap...

8. 2017 NZSSAA 053 (4 October 2017) [pdf, 185 KB]

   ...permit and for some of the time she was in New Zealand unlawfully without a valid 2 visa. During the period of time down to 10 January 2013, she only held temporary visas. On 10 January 2013, she lodged an appeal with the Immigration and Protection Tribunal and sought to obtain a residents visa on humanitarian grounds. The Immigration and Protection Tribunal allowed her appeal and issued a residence visa valid from 25 June 2014. The key element for granting the appellant...

9. BORA Maritime Powers Extension Bill [pdf, 295 KB]

   ...the Bill of Rights Act. Section 22 – liberty of the person 28. Section 22 of the Bill of Rights Act affirms that everyone has the right not to be arbitrarily arrested or detained. The purpose of the right not to be arbitrarily detained is the protection of human dignity, autonomy and liberty.17 29. To trigger the concept of detention there must be a “substantial intrusion on personal liberty”,18 whether a physical deprivation or a statutory constraint. The Court of Appeal has...

10. C v I [2018] NZIACDT 20 (18 June 2018) [pdf, 213 KB]

    ...varied, but duties of competence, application of skill, honesty, disclosure and propriety are shared by a wide range of professionals. Immigration advisers have much in common with other professionals. Section 3 of the Act affirms it is intended to protect the interests of consumers receiving immigration advice, which corresponds to the duties other professionals have to the public engaging their services. [21] In a professional disciplinary setting, it is generally necessary t...