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1. Insley v Butler - Awanui Haparapara no 2B no 1B sec 2 (2022) 227 Waiariki MB 35 (227 WAR 35) [pdf, 404 KB]

   ...[3] The application is opposed by the trustees of Awanui Haparapara 2B1B2 Ahu Whenua Trust, who claim the grounds for a constructive trust are not made out. Instead, they say any right conferred on the Butlers is better described as a bare licence, which has now either expired or been extinguished. [4] The issue for determination is whether the applicants are entitled to an order pursuant to s 18(1)(a) of Te Ture Whenua Māori Act 1993 (“the Act”). Kōrero whānui Backgr...

2. CAC 20006 v Azimi [2014] NZREADT 97 [pdf, 33 KB]

   ...was misconduct; because she either knew that their real estate activities were fraudulent or she must have inferred that.” [4] Accordingly, we found the charges proved. The Committee’s position is that the Tribunal should cancel Ms Azimi’s licence and fine her. The Purposes and Principles of Disciplinary Orders [5] McGrath J, for a majority of the Supreme Court (Blanchard, Tipping and McGrath JJ) in Z v CAC [2009] 1 NZLR 1 (at [97]), has stated: “… the purpose of statut...

3. NTT v Gong [2019] NZIACDT 65 (12 September 2019) Sanctions [pdf, 113 KB]

   ...on 5 August 2019 in NTT v Gong.1 [2] It found that Ms Gong failed to properly document the professional relationship, as she had known the client socially prior to being instructed on the immigration matter. Ms Gong had admitted breaching the Licenced Immigration Advisers Code of Conduct 2014 (the Code). [3] It is now for the Tribunal to determine the appropriate sanctions, if any. BACKGROUND [4] The narrative leading to the complaint is set out in the decision of the Tribuna...

4. Chand v Devi [2015] NZIACDT 74 (12 June 2015) [pdf, 148 KB]

   ...services. [1.2] Ms Devi failed to complete the steps required to commence the professional engagement. [1.3] An unlicensed person provided immigration services. [1.4] Ms Devi failed to ensure her client’s interests were represented when her licence was cancelled. [2] Ms Devi denies the grounds of complaint. She has provided explanations of the various aspects of the complaint. The issues are first to decide whether Ms Devi’s explanations, if true, are an adequate justification....

5. CAC 20002 v Kitto [2013] NZREADT 70 [pdf, 41 KB]

   ...sentenced to imprisonment for two years and three months. As those convictions involved dishonesty, she is prohibited from being licensed under the Act for 10 years from 14 May 2013 by virtue of s.37(1)(a) of the Act. We understand that she let her licence lapse on 8 August 2011. [5] In so far as the defendant has filed an appeal against the Committee’s decision to lay a charge against her, that appeal need not be decided as we have heard the case and find the charge proved. The...

6. CAC 414 v Goyal [2018] NZREADT 3 [pdf, 191 KB]

   ...may impose under s 93 of the Act (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; Submissions [17] Mr Simpson submitted for the Committee that Mr Goyal’s conduct should be placed at least at the mid-range of misconduct. He submitted that Mr Goyal was “hopelessly conflicted right from the outset”, and tot...

7. [2021] NZIACDT 11 - YC v Han (19 May 2021) [pdf, 210 KB]

   ...PRELIMINARY [1] Ms Yujuan Janelle Han, the adviser, advised Ms YC, the complainant, who was seeking a work visa. However, Ms Han was not named in the agreement with the client as an adviser who could assist her. At the time, Ms Han held a provisional licence and was supervised by Mr Jiale William Wan. Due to the failure of Ms Han and/or Mr Wan to reply to a letter from Immigration New Zealand, the complainant’s visa application was unsuccessful. [2] A complaint to the Immi...

8. [2021] - NZREADT 09 - Complaints Assessment Committee 1905 v Papuni (24 February 2021) [pdf, 265 KB]

   ...of penalty, following a finding of misconduct. As relevant to the present case, the Tribunal may: [a] make any of the orders that a Complaints Assessment Committee may make under s 93 of the Act; [b] order cancellation of the licensee’s licence, or suspension for a period not exceeding 24 months; [c] order an individual licensee to pay a fine of up to $15,000; Submissions [25] Ms Paterson referred us to two Tribunal decisions which involved licensees engaging in dishonest...

9. 2024 NZLASDP 03 [pdf, 93 KB]

   [2024] LASDP 03 IN THE MATTER OF An application by JAMES WALL for a certificate under the Secondhand Dealers and Pawnbrokers Act 2004 DECISION [1] James Wall has applied for an Individual licence under the Secondhand Dealers and Pawnbrokers Act (the SHDP Act). Police have filed an opposition to his application as Mr Wall has a lengthy history of criminal offending dating back to 1996. This includes convictions for offences of dishonesty and failing to comply with court-imp...

10. Mullane v Attorney-General [2017] NZHRRT 40 [pdf, 417 KB]

    ...INTRODUCTION [1] At the relevant time Mr Mullane was a self-employed taxi driver in Wellington. As such he was required to satisfy the New Zealand Transport Agency (NZTA) that he was a “fit and proper person” to hold a P endorsement on his driver licence and to hold a Passenger Service Licence. To that end he gave written authorisation to the NZTA to 1 [This decision is to be cited as Mullane v Attorney-General [2017] NZHR...