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1. Chand and Kumari v Prakash [2012] NZIACDT 85 (3 December 2012) [pdf, 178 KB]

   ...employees and family. His family includes dependent children, his wife’s mother and his parents. 3 [8] Mr Laurent placed particular emphasis on the complaint being an isolated incident, and contrasted it with other cases where licences had been cancelled where there was systemic irresponsibility and bad faith. [9] The submission indicated that Mr Prakash had a busy practice, and said he was a sound practitioner. A client contact report was produced to support that cl...

2. Rao v Singh [2012] NZIACDT 81 (18 October 2012) [pdf, 90 KB]

   ...for the loss of her family’s personal documents, but not provided details of the cost of getting replacements. Decision [5] The grounds on which the complaint has been upheld amount to a contemptuous disregard for the privileges of holding a licence under the Act. Mr Singh’s failure to respond to the complaint with any sense of obligation or concern leaves the Tribunal with the impression he has no intention of meeting the obligations that apply to the holder of a licence under the...

3. Toiloloi v Letalu [2014] NZIACDT 93 (18 September 2014) [pdf, 193 KB]

   ...standards. [34] The Act has established a regime in which, with limited exceptions, licensed advisers have an exclusive right to provide immigration advice. That exclusive right is enforced by criminal sanctions. The options [35] In relation to licences the disciplinary sanctions in section 51 allow three options: [35.1] suspension (s 51(c)); or [35.2] cancellation of a full licence with permission to apply for a different class of licence. In this way a person may be prevented p...

4. S v Hakaoro [2015] NZIACDT 56 (14 May 2015) [pdf, 172 KB]

   ...Immigration New Zealand that the complainant and her siblings had job offers. [2.3] Mr Hakaoro used his wife to offer immigration services in exchange for sexual availability, and the provision of domestic services. [2.4] When this Tribunal cancelled his licence, Mr Hakaoro did not tell his client and made no provision for continued representation. [3] The Tribunal upheld the complaint. Mr Hakaoro: [3.1] Breached clauses 1.5(a), (b) and (d), and 8(b) of the 2010 Code; he wholly faile...

5. TG v Tangilanu [2012] NZIACDT 17 (8 May 2012) [pdf, 90 KB]

   ...protect the interests of consumers receiving immigration advice, and to enhance the reputation of New Zealand as a migration destination, by providing for the regulation of persons who give immigration advice.” Cancellation of Ms Tangilanu’s licence [12] Ms Tangilanu misled her client; it is a serious finding that goes to her honesty, it arose in the context of a client relationship, and concerned her professional duties. Inevitably, the Tribunal must consider whether Ms Tangilan...

6. MS Ltd v CD [2023] NZDT 133 (11 May 2023) [pdf, 141 KB]

   ...for 2022. 5. When CD first met with BC, director of MS Ltd, in April 2022, she said that she was looking at other agencies. To make an attractive offer, BC told her she would pay CD’s Real Estate Agents course fee of $1,067.01 and her first licence as a real estate agent. CD considered it was a good offer and replied that she was pleased to accept it. 6. CD noted that the written contract provided that the marketing advance of $2,000.00 was to be repaid if she left within two ye...

7. Prajapati v Khetarpal [2016] NZIACDT 23 (3 May 2016) [pdf, 250 KB]

   ...complaints. That was because the Tribunal did not then have submissions on the appropriate sanctions in this matter. However, it was not appropriate to delay sanctions in the other matters, because, my view was the Tribunal should cancel Ms Khetarpal’s licence due to the OJ complaint alone. The OJ and the Khan complaints potentially reduced penalties in this complaint under the totality principle. [3] These considerations were all set out in the Khan and OJ complaints. The respective...

8. 2021 NZPSPLA 007 [pdf, 74 KB]

   ...against RS under s 73 of the Private Security Personnel and Private Investigators Act 2010 DECISION [1] NB has laid a complaint against RS. She says that RS carried out an employment investigation on behalf of GOVT although she did not hold a licence or certificate in the class of private investigator. She therefore submits RS has committed an offence under the Act. [2] Section 73(2) of the Act states that a member of the public, such as NB, may only file a complaint with...

9. Arms-Act-rewrite-summary-version-of-the-discussion-document-large-print.pdf [pdf, 169 KB]

   ...include: • changes to legislation other than the Arms Act, such as the Crimes Act 1961 3 • the transfer of the Firearms Safety Authority to a different government department • the Firearms Registry • exemptions from holding firearms licences, endorsements, and permits to possess for members of some government agencies to fulfil their duties, such as military operations by the New Zealand Defence Force. If you want to know more about how we are working through these...

10. Regulatory Systems Amendment Bill [pdf, 218 KB]

    ...No. Act Amendment Expected impacts 42. Prostitution Reform Act 2003 Correctly reference the relevant offence provisions in the Crimes Act 1961 and Misuse of Drugs Act 1975 and maintain the original policy intent of this Act to prevent licences being issued to those convicted of violent, serious, or sexual offending. Ensure the correct disqualifying factors are applied in the licensing process. 43. Real Estates Agents Act 2008 Removing the five-year stand down perio