Search Results

1. 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...

2. 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...

3. [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...

4. [2023] NZIACDT 29 - DT v Li (11 December 2023) [pdf, 111 KB]

   ...submissions (23 November 2023) on behalf of the adviser, Mr Laurent notes that Ms Li had already taken legal advice and admitted the grounds of liability. This demonstrated a reasoned approach by a competent professional adviser. She has held a full licence since 2015. [16] Mr Laurent contends that no fee was charged for the second s 61 request which was found to be futile. The fee was charged for the first request, which was not found to be futile. As for the second request, Ms Li...

5. [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...

6. 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...

7. Liufau v Letalu [2014] NZIACDT 92 (18 September 2014) [pdf, 174 KB]

   ...complaint is one in a series of three, where the Tribunal is imposing disciplinary sanctions on Mr Letalu. One of the three involves dishonest and misleading conduct. The sanctions in that complaint include prohibiting Mr Letalu from applying for a licence as an immigration adviser for two years (he does not currently hold a licence). However, in practical terms the prohibition is likely to seriously impact his ability to gain a licence in the future. As such, I will consider this prohibit...

8. BORA Rugby World Cup 2011 (Empowering) Bill [pdf, 319 KB]

   ...Human Rights Act 1993. These grounds include age, which means any age commencing with the age of 16 years. 10. Clause 71(2)(b) of the Bill (Other conditions of licenses) provides that the Authority can impose a condition on a Rugby World Cup liquor licence that all or a specified part (or parts) of the premises or area to which the licence applies are to be designated as restricted areas or supervised areas. These terms are defined in cl 55 of the Bill. A restricted area is any designa...

9. The Real Estate Agents Authority (CAC 413) v Mairs [2018] NZREADT 41 [pdf, 190 KB]

   ...their obligations under the Act and regulatory regime will be supported by a sentence which demonstrates the seriousness with which a charge of this kind should be regarded. [14] We consider that the starting point is that cancellation of the licence of the licensee is called for pursuant to s 110(2)(b). [15] While that is the starting point, any matters in mitigation that are relevant could influence the decision as to whether a cancellation order should actually be made. Mr...

10. DKD v Smith [2019] NZIACDT 82 (12 December 2019) [pdf, 78 KB]

    ...[3] Mr Smith has failed to respond to the complaint. BACKGROUND [4] Mr Gregory Francisco Smith was at the relevant time a licensed immigration adviser based in Auckland. He was a director of Impact Migration Services Ltd. A renewal of his licence was refused by the Registrar of Immigration Advisers (the Registrar), the head of the Authority, on 20 October 2015. [5] It is recorded that other complaints against Mr Smith, largely similar to the one made by the complainant, have...