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1. Q v I [2018] NZIACDT 16 (18 June 2018) [pdf, 214 KB]

   ...generally regulates the profession, and it is necessary to deal these cases to achieve the objectives set out in s 3 of the Act. [26.3] The Tribunal is the only body given the powers to suspend licenses, cancel licences, or order the refund of fees and compensation. Those powers are potentially required to deal with the consequences of incapacity where a practitioner lacks awareness. [26.4] The Act has some indications that the Tribunal is not solely concerned with “disciplina...

2. [2023] NZIACDT 27 BT v Li (2 November 2023) [pdf, 209 KB]

   ...understood that the complainant approached Ms Li. The client signed a service agreement with Fayo on 23 March 2021. Fayo undertook to file a s 61 request for a partnership work visa and later an application for a partnership resident visa. The fee for the s 61 request was $2,500. If the work was terminated, the fee would be based on the hours worked at $300 per hour. [6] On 10 May 2021, Ms Li filed with Immigration NZ a request for a partnership work visa under s 61 on behalf...

3. [2024] NZIACDT 28 - EM v Ma (4 December 2024) [pdf, 214 KB]

   ...the payment of all or any of the costs or expenses of the investigation, inquiry, or hearing, or any related prosecution: (h) an order directing the licensed immigration adviser or former licensed immigration adviser to refund all or any part of fees or expenses paid by the complainant or another person to the licensed immigration adviser or former licensed immigration adviser: (i) an order directing the licensed immigration adviser or former licensed immigration adviser to pay re...

4. Legal aid guidance for lawyers applying for approval as a legal aid provider [pdf, 80 KB]

   ...may have in relation to the grant of legal aid and your rights as an applicant or recipient of legal aid. You should be aware at this time that legal aid is not always free. You may be required to repay your legal aid grant and pay a user charge fee. If you have to pay a user charge, this will be deducted from my first invoice to the Ministry and I will collect the money from you. The user charge is always $50; this cannot be changed and you can only be exempt if you are making a sp...

5. Auckland Standards Committee 1 v Hart [2012] NZLCDT 20 [pdf, 455 KB]

   ...professional misconduct”. It seems that this discussion with Mr Tomlinson took place in about August of 2007. 26 May 2008 [10] Complaints Committee No. 2 resolved pursuant to s 99 of the Law Practitioners Act 1982 (“LPA”) to investigate the fees charged. On 30 June 2008 that resolution was advised to the practitioner. 1 August 2008 [11] The Lawyers and Conveyancers Act commenced and the transitional provisions came into effect.” [28] On 17 July 2008 the respondent solic...

6. LCRO 170/2019 ZY v LN QC (23 April 2021) [pdf, 279 KB]

   ...the High Court costs decision would stand unchallenged, in light of the Court of Appeal’s rejection of the High Court’s position. [95] The Judge then addressed Mr LN’s argument that, in reliance on rr 48(4) and 53J of the Court of Appeal (Civil) Rules 2005, the High Court costs order remained in place, unless specifically set aside. [96] The Judge rejected that submission, on grounds that the Court of Appeal decision had not merely “adjusted” the decision of the lower co...

7. Keegan v CAC 10062 & Peacocke & Stanaway Real Estate [2012] NZREADT 35 [pdf, 111 KB]

   ...costs pursuant to s 93(1)(i). Stanaway Real Estate and Ms Peacocke appealed the decision finding them guilty of unsatisfactory conduct. [2] The matter comes before the Tribunal because contemporaneously with these appeals the Keegans have commenced civil proceedings against the agency and against the vendors of the property. These proceedings are now in the High Court and inter alia seek damages for breach of contract. Mr Bigio for the respondents submits that the appeal proceedings s...

8. Naidu v Royal Australasian College of Surgeons (Costs) [2018] NZHRRT 33 [pdf, 95 KB]

   ...Andrews [2015] NZHC 745, [2015] 3 NZLR 515. For the purpose of the present case we mention only the following: [6.1] A flexible approach can be taken by the Tribunal to costs. See [60]. [6.2] There must be caution about applying the conventional civil costs regime in the Tribunal’s jurisdiction. See [61]. [6.3] The Tribunal has broad powers to do justice even if this means departing from the conventional rules applying to civil proceedings. See [62]. http://www.legislation.gov...

9. Arthur v The Proprietors of Potikirua Incorporation - Potikirua Incorporation (2019) 225 Waiariki MB 63 (225 WAR 63) [pdf, 172 KB]

   ...entitlement upheld. The Committee have put the valid Court order to the side to allow someone to investigate a potential claim against that order. Some might say they have chosen to ignore the Court order. That has costs Ms Arthur a lot in lawyers’ fees. [22] Fortunately, the matter did not proceed to a hearing nor were any major steps required which would have incurred even further costs. In fact, everything was agreed to by telephone. [23] While acknowledging that Ms Arthu...

10. TT v KEN [2019] NZIACDT 64 (11 September 2019) [pdf, 134 KB]

    ...unsuccessful in obtaining the job in New Zealand, he withdrew his instructions to New World and sought a refund. [3] The complainant made a complaint against the adviser to the Immigration Advisers Authority (the Authority), seeking a refund of the fees paid to New World. The refund was eventually made. [4] The Registrar of Immigration Advisers (the Registrar), the head of the Authority, alleges that the adviser breached the Licensed Immigration Advisers Code of Conduct 2014 (t...