Search Results

1. U v I [2018] NZIACDT 21 (18 June 2018) [pdf, 250 KB]

   ...some other professions manage cases like this one. [3] I will take Mr I’s situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out t...

2. Alagappa v Ah-Kuoi [2015] NZIACDT 89 (17 September 2015) [pdf, 17 KB]

   ...Ah-Kuoi apologised to the complainant and her family. I accept what happened was a result of Mr Ah-Kuoi undertaking work for which he did not have the skills; he did not intentionally breach his professional obligations. Mr Ah-Kuoi does not now hold a licence, and his financial position is not strong. [4] The complainant seeks a refund of fees of $4,500. [5] After reviewing the options with Mr Ah-Kuoi, and the other parties I am satisfied this is a case where the focus on financial aspe...

3. CAC10003 v Kumandan [2013] NZREADT 17 [pdf, 20 KB]

   ...Member Hearing: On the papers DECISION AS TO INTERIM SUSPENSION PURSUANT TO S 115 REAL ESTATE AGENTS ACT [1] On the 5 April 2012 the Tribunal found Mr Kumandan guilty of misconduct and in a decision dated 12 June 2012 cancelled his licence. [2] Mr Kumandan appealed to the High Court. In a decision dated 19 December 2012 the High Court upheld the Tribunal’s finding of misconduct upheld the appeal on penalty. The Court remitted the penalty decision back to the Tribun...

4. CAC 10031 v Lum-On - Penalty Decision [2012] NZREADT 47 [pdf, 30 KB]

   ...in the performance of real estate agency work. 10 [8] Penalties must also be proportional to the offence and reflect other decisions of the Tribunal. The CAC referred to the decision of the Tribunal in Khan [2011] NZREADT 11 where Mrs Khan’s licence was cancelled when she was found to have acted dishonestly on a transaction. The CAC also referred to the decision of Dodd [2011] NZREADT 1, in which a dishonest agent was suspended. Lang J held that disciplinary proceedings inevitab...

5. CAC 10043 v Brooker - Penalty Decision [2012] NZREADT 31 [pdf, 107 KB]

   ...public confidence in the performance of real estate agency work. 11 [6] Penalties must also be proportional and reflect other decisions of the Tribunal. In this respect the CAC referred to the decision of the Tribunal in Khan where Mrs Khan’s licence was cancelled when she was found to have acted dishonestly on a transaction. The CAC also referred to the decision of Dodd, in which a dishonest agent was suspended. Lang J held that disciplinary proceedings inevitably involve issues...

6. WQ v Emberson [2019] NZIACDT 39 Sanctions (14 June 2019) [pdf, 102 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: (d) cancellation of licence: 1 Immigration Advisers Licensing Act 2007. 4 (e) an order prev...

7. Egden v Real Estate Agents Authority [2019] NZREADT 003 [pdf, 215 KB]

   ...____________________________________________________________________ Introduction [1] On 9 July 2014, Complaints Assessment Committee 20005 found that Mr Egden had engaged in unsatisfactory conduct. He was found to have employed, as a salesperson, a person who did not hold a salesperson’s licence, in breach of s 143 of the Real Estate Agents Act 2008. He was also found to have failed to ensure that the employee was familiar with the Act and the licensing requirements of the...

8. Firearms-Reform-Programme-Phase-4_FINAL.pdf [pdf, 23 MB]

   ...public through public announcements, we propose to reach out widely and encourage stakeholders to distribute invitations further. A list of stakeholder groups is attached as Appendix 2. They include specific interest groups (such as those representing licence holders) but also those who have • experienced violence or might be vulnerable to violence or accidental harm as well as groups representing sections of the public. 39. We are aiming for a virtual and in-person roadshow that capt...

9. [2015] NZEmpC 145 McIvor v Saad [pdf, 248 KB]

   ...second week of his work at the factory, both parties were satisfied that this was work that he could perform and was performing satisfactorily. [16] After the initial two weeks or so of work, I find that Mr Saad asked Mr McIvor for his driver’s licence and IRD number. Mr McIvor inferred from this that he was to become a permanent employee at Pita House rather than being on trial as he had been from the outset. I accept Mr McIvor’s evidence, and not Mr Saad’s to the contrar...

10. TG v Tangilanu [2012] NZIACDT 11 (27 March 2012) [pdf, 105 KB]

    ...held when Ms Tangilanu became a licensed immigration adviser on 24 September 2010, as they had been expended by that time. Accordingly, it appeared the Tribunal had no jurisdiction over those fees. [14] Ms Tangilanu was the holder of a provisional licence. She had referred to her supervisor having a role in these instructions. It was not clear from the papers what that role was. Accordingly, the minute notified Ms Tangilanu that if she considered her supervisor had any responsibility...