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1. 2024 NZPSPLA 077.pdf [pdf, 89 KB]

   ...definition of misconduct in s 4 of the Act includes “conduct that contravenes this Act or any regulations made under the Act”. Therefore, South Security is guilty of misconduct. Misconduct is a discretionary ground for cancelling South Security’s licence. [6] Section 78(1)(c) of the Act says that instead of, or in addition to, cancellation I can make other orders including suspending South Security’s licence, impose conditions on their licence, reprimand South Security or impo...

2. Tangitau v Hakaoro [2015] NZIACDT 27 (17 March 2015) [pdf, 85 KB]

   ...[2.3] Failed to tell his client Immigration New Zealand declined her application, due to the lack of response to the inquiries, [2.4] Lodged an appeal without instructions, and [2.5] Failed to report to his client when this Tribunal cancelled his licence. [3] Mr Hakaoro has not responded to the complaint with an explanation or justification addressing the grounds of complaint. [4] The Tribunal has concluded it must uphold the complaint, as the material before it establishes those fac...

3. BORA Statutes Amendment Bill [pdf, 391 KB]

   ...minimising loss to the importer or owner of goods seized. Land Transport Act 1988 11. Part 27 of the Bill proposes to insert a subsection 3A in section 30 of the Land Transport Act. The proposed subsection requires that a person surrenders his or her licence to an enforcement officer after that officer has suspended this person's driver licence in accordance with section 90(2) of the Act. We consider this obligation to surrender a driver licence to be a seizure within the meaning o...

4. V Nair v Devi [2014] NZIACDT 5 (29 January 2014) [pdf, 63 KB]

   ...family, and provided all information to the adviser’s company as required. [8.8] The adviser failed to supply the medical certificates to Immigration New Zealand. [8.9] This Tribunal, with effect from 12 September 2011, cancelled the adviser’s licence. The Tribunal gave her an opportunity to arrange continuing and appropriate representation for clients before the cancellation took effect. [8.10] At the time her licence was cancelled, the adviser had not filed the complainant’s a...

5. Tuumotooa v Tangilanu [2014] NZIACDT 57 (29 April 2014) [pdf, 125 KB]

   ...provided the information to the adviser, [2.4] The adviser did not pass the information to Immigration New Zealand, [2.5] The complainants’ application failed as the adviser did not pass on the information, [2.6] After that point, the adviser’s licence expired and she took no steps to inform her clients of their circumstances or assist with engaging ongoing professional support. [3] The adviser has not challenged the statement of complaint, which set out this basis for the complai...

6. McCarthy - Utakura 9 (2008) 124 Whangarei MB 84 (124 WH 84) [pdf, 205 KB]

   ...is amended remains to be seen. In the meantime, the Courtnonnally approaches this anomoly in a couple of ways. [9] First, the Court may grant an occupation order in favour of the 1rustees of a whanau 1rust in anticipation of the 1rust granting a licence to occupy to '/he beneficiary. This is less than ideal. A licence to occupy provides less certainty than an occupation order. It can only operate for a set timeframe, is personal to the licensee and cannot be succeeded to on the...

7. van Zyl v McNeil [2019] NZIACDT 40 sanctions (18 June 2018) [pdf, 103 KB]

   ...Licensed Immigration Advisers Code of Conduct 2014 (the Code). BACKGROUND [2] The narrative leading to the complaint is set out in the decision of the Tribunal upholding the complaint. [3] Ms McNeil was a licensed immigration adviser. Her licence expired on 21 September 2016. [4] On 19 April 2016, Ms McNeil, through her company, entered into a written agreement with the complainant, Mr van Zyl and his wife. She was instructed to prepare and lodge with Immigration New Zea...

8. ASC - 2011 annual report [pdf, 337 KB]

   ...distance taught paper will allow accessibility for individuals working in smaller city centres or rural areas. Impact and Changes to Licensed Institutions Due to damage sustained to Lyndhurst Hospital, it was brought to the ASC’s attention by the licence holder that abortion facilities could no longer function. Given that the hospital could no longer meet the requirements under section 21(1) of the Contraception Sterilisation and Abortion Act 1977, the licence was revoked. Howe...

9. Toilolo v Letalu [2014] NZIACDT 52 (15 April 2014) [pdf, 129 KB]

   ...$800. [2.2] He did not complete the client engagement process. [2.3] He did not lodge the appeal, but dishonestly told his client he had done so. [2.4] He did not treat the unearned fee as client funds and instead took the money. [2.5] When his licence expired, he did nothing to protect his client. [3] The adviser has not challenged the statement of complaint, which set out these grounds. The Tribunal is satisfied the material before it requires that it uphold the complaint. The St...

10. BORA Securities Trustees and Statutory Supervisors Bill [pdf, 310 KB]

    ...by trustees and supervisors to the Securities Commission (the ‘Commission’). 8. Clauses 17 and 31 allow the Commission to require further information to that contained in a request for the Commission to review its decision to issue or vary a licence granted under the Bill. Clauses 23, 24, 25, 26 and 27 set out the regular reporting requirements of trustee licence holders and investigation powers of the Commission. Clause 40 requires an existing trustee or supervisor to supply docu...