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1. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...decision maker considers it both necessary or desirable to do so, it inevitably follows that applicants are required to provide explanation of their circumstances. [57] The evidential burden on applicants should not, consistent with the consumer protection focus of the Act, be unduly onerous, but nor should the burden be negligible. [58] An applicant’s failure to lodge their application in time must be demonstrably linked to circumstances which, examined reasonably and carefully, wo...

2. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   ...October 2021. 5 [25] The Registrar found the adviser’s failure to check the expiry date to be a potential breach of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code), being a failure to exercise diligence and due care. [26] Furthermore, there were some delays with the adviser reviewing documents and responding to emails, which the Registrar considered might also disclose a breach of cl 1. He set out three examples. [27] The Registrar then liste...

3. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...Mrs Nancy Ruth Hendrie. In July 1987 Mrs Hendrie was admitted to the Ashburton Hospital for elective surgery to correct a nerve problem in her arm. In the course of the operation she suffered a cardiac arrest. She was transferred to intensive care in Christchurch, but sadly on 13 July she died. The inquest into her death commenced on 9 October 1987 and after continuing through the next day it was adjourned' 2. to 12 November. On the first days, some attention had been directe...

4. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...[33] No party seeks an oral hearing. ASSESSMENT [34] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] N...

5. Mr M v CAC 20004 & Lewin & Lewin [2013] NZREADT 63 [pdf, 89 KB]

   ...it considered that the prospective purchasers would have been aware of the implications of the covenant and would have been able to make an informed decision. The Committee considered that the conduct breached rules 5.1, 6.4 and 6.3 of the Client Care Rules and on the balance of probabilities determined that Mr M, the appellant and Ms Watson (the agent) had engaged in unsatisfactory conduct. A small fine of $750 was imposed upon Mr M. [7] Mr M appealed. The appellant’s position is...

6. CV v TND [2013] NZIACDT 20 (28 March 2013) [pdf, 92 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 5 duties other professionals have to the public engaging their services. The issue is properly understood under the Act as whether there...

7. LE v BI [2024] NZDT 31 (2 February 2024) [pdf, 139 KB]

   ...purchase the Baby Carrier? 5. Generally, the rule of Caveat Emptor (‘let the buyer beware’) applies to the private sale of goods and there is no warranty regarding the quality of the goods or their fitness for purpose. This means that the protections given to purchasers who purchase in trade are not available to a private CI0301_CIV_DCDT_Order Page 2 of 4 purchaser, and a party in private contractual negotiations is usually under no obligation to ensure that the other p...

8. BC and SO v SH [2012] NZIACDT 63 (28 September 2012) [pdf, 108 KB]

   ...to convert German qualifications to their New Zealand equivalent created some confusion. [3] Ms BC and Mr SO complain that Ms SH failed to advise them adequately on this issue. [4] The question for the Tribunal is whether Ms SH was sufficiently careful and gave proper advice. The Complaint and the Response The complaint [5] Ms BC and Mr SO are life partners; they are German nationals, and live there. They wished to migrate to New Zealand and engaged EOA Ltd (the company) to assist...

9. Wihelmus Hooft van Huijsduijnen v Woodley [2012] NZWHT Auckland 11 [pdf, 451 KB]

   IN THE WEATHERTIGHT HOMES TRIBUNAL TRI-2010-101-000028 [2012] NZWHT AUCKLAND 11 BETWEEN RONALD ALOYSIUS WIHELMUS AND MARTINA HELENA MARIA HOOFT VAN HUIJSDUIJNEN Claimants AND EDWARD MERVYN JOHN AND LYNETTE ANNE CATHERINE WOODLEY First Respondents AND PORIRUA CITY COUNCIL Second Respondent AND ALAN GORDON MINTY (Removed) Third Respondent AND SAWREY CONSULTING ENGINEERS LIMITED (Removed) Fourth Respondent AND DONALD JOHN HAWINKELS Fifth Respo

10. Marshall v IDEA Services Ltd (Privacy Act) [2020] NZHRRT 13 [pdf, 353 KB]

    ...DATE OF HEARING: 2 and 3 December 2019 DATE OF DECISION: 18 May 2020 DECISION OF TRIBUNAL1 INTRODUCTION Eamon Marshall [1] Eamon Marshall is 17 years of age and profoundly disabled. He is fully dependant for all aspects of his care, including his continence, bathing, dressing, feeding and mobility. He has been diagnosed with tuberous sclerosis, intractable epilepsy, generalised brain dysfunction, cerebral palsy and visual impairment....