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1. [2021] NZIACDT 3 - DY v Parker (25 February 2021) [pdf, 219 KB]

   ...has he acknowledged the misconduct, but he has set out to change practices in his firm to ensure it is not repeated. In particular, two previously unlicensed employees are now provisionally licensed and presumably working their way towards full licences. They are able to lawfully engage directly with clients, under his supervision. [46] I acknowledge Mr Moses’ point that disciplinary decisions themselves potentially have a strongly adverse effect on a practitioner since they a...

2. FBN v Broadway [2019] NZIACDT 70 (7 October 2019) [pdf, 136 KB]

   ...and the Licensed Immigration Advisers Code of Conduct 2014 (the Code). BACKGROUND [3] Ms Victoria Adele Broadway was a licensed immigration adviser based in Victoria, Australia. She was self-employed, trading under the name V Broadway. Her licence was cancelled by the Registrar of Immigration Advisers (the Registrar), the head of the Authority, on 30 July 2018. [4] The complainant, Ms FBN, is a citizen of the United States who was living in New Zealand and had a work visa. He...

3. Naidu v Devi [2014] NZIACD 7 (05 February 2014 ) [pdf, 48 KB]

   ...Statement of Complaint; the central issue is an allegation that the adviser dishonesty conducted her practice by “signing off” documentation, while staff unlawfully provided immigration advice. Once her practice ended, due to the cancellation of her licence, the staff continued to provide immigration advice unlawfully. It appears the complaint is that the adviser did not assist with a “handover” of the complainant’s application to another licensed immigration adviser. [3] In ad...

4. Appalasamy v Yap [2014] NZIACDT 63 (05 May 2014) [pdf, 120 KB]

   ...and trauma. The Adviser [6] The adviser’s submissions essentially challenge the correctness of the Tribunal’s decision; he continued to support his position taken in relation to the complainant seeking to justify his position. Discussion Licence [7] I am concerned the adviser, even when responding to the Tribunal’s decision, appears to be uncomprehending of the issues that gave rise to findings of negligence and incompetence. [8] That inevitably leaves a concern that the a...

5. Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [pdf, 204 KB]

   ...incurred, in order to comply with a direction made by His Honour Judge Coxhead at a hearing on 27 November 2013; 4 e) The respondent’s prolonged refusal to pay rental/rates apportionments was an exceptional circumstance and had an effect on other licence holders who had also refused to pay; f) A modest award of costs would demonstrate to other owners in occupation, that those who breach the terms of occupation can expect to pay something over and above the simple arrears amou...

6. Cutaran-Tanggaan v Earnshaw [2012] NZIACDT 61 (28 September 2012) [pdf, 81 KB]

   ...adviser. It was during the transitional period when the Immigration Advisers Licensing Act 2007 was coming into effect. This Tribunal deals with the conduct of people who are licensed immigration advisers, so cannot deal with misconduct prior to a licence being issued. [4] It is necessary to determine what obligations arise when a person with existing client relationships becomes a licensed immigration adviser. [5] The conclusion is that when Ms Earnshaw became a licensed immigration ad...

7. Baker v Samuels-Thomas - Matauri X (2018) 174 Taitokerau MB 51 (174 TTK 51) [pdf, 314 KB]

   ...rejected it, calls into question whether Mr Samuels is acting in good faith by once again persisting with this approach which cannot succeed. [21] Mr Samuels further argues the taumata of the Ngāti Kura Incorporation issued tuku whenua residential licences, authorising the respondents to occupy this land as Māori customary land, per s 129(1)(a) of the Act. Section 129(1)(a) does not allow the grant of licences over Māori customary land. This provision simply recognises Māori c...

8. [2020] NZIACDT 30 - DMX v Guich (20 July 2020) [pdf, 113 KB]

   ...crucify a competent, honest and genuine adviser for a one-off mistake. Mr Guich does not agree with the Tribunal’s decision, but accepts both the decision and the caution. In addition to waiving the fine, the Authority should waive his upcoming licence application fee due to the unnecessary time, effort and stress that the process had caused him. JURISDICTION [25] The Tribunal’s jurisdiction to impose sanctions is set out in the Immigration Advisers Licensing Act 2007 (the A...

9. [2022] NZIACDT 7 - TA v Tian (27 April 2022) [pdf, 211 KB]

   ...grounds for complaint under the Immigration Advisers Licensing Act 2007 (the Act). BACKGROUND [3] Ms Tian was at the relevant time a licensed immigration adviser. She is a director of Abstract Solution Ltd, of Auckland. The Tribunal suspended her licence on 3 November 2020 in response to another complaint.1 [4] The complainant, a national of China, arrived in New Zealand in 2014. He was 18 years of age. At some point, he and his mother engaged the services of Ms Tian to assi...

10. Ekanayake v Registrar of Immigration Advisers [2015] NZIACDT 67 (28 May 2015) [pdf, 178 KB]

    ...consequences would be unusual in the context of professional disciplinary regime. The usual scope extends to include conduct that is sufficiently egregious to raise concerns regarding their fitness or general conduct in exercising the privileges of a licence holder. [25] The Registrar’s view would, for example, lead to the position that a licensed immigration adviser could be charged or convicted of violent or sexual offending and the Registrar would not be able to file an own motion c...