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1. Sanford Limited [pdf, 476 KB]

   ...applications related largely to the subject matter of this Proposal, and the other (BUN60313923) sought consent to establish a “Ferry and Fishing Industry Relocation Facility” on the western coastal edge of Wynyard Quarter accessed from 58-101 Hamer Street (“Relocation Facility”). The Relocation Facility application has now been placed “on hold” at Panuku’s request. (b) While the Relocation Facility application is on hold, the Proposal still requires relocation of t...

2. LCRO 107/2021 NG v WF and OE (29 September 2021) [pdf, 176 KB]

   ...settlement proposal has caused that to occur. 15 [100] Indeed, the nature of some of that correspondence would suggest a degree of tension between the NG siblings which, I perceive, has substantially delayed matters being resolved. Ms OE [101] Ms OE had no involvement in the estate administration file, and seems to have randomly been sent the 6 November 2020 email containing the settlement proposal. On receiving it Ms OE noted that the partner with responsibility for the m...

3. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...advised Mr Chen of his immigration prospects and the proper cost of the work required, there can be little doubt that he would have rejected any involvement with Ms Gu- Chang. She should not retain any benefit from her dishonesty. 11 [101] That her professional time was wasted was Ms Gu-Chang’s own fault and she should bear the cost of it. [102] I am satisfied the fees should be refunded in full. Determination and orders [103] Ms Gu-Chang is: [103.1] Censured....

4. [2024] NZIACDT 14 – SC v Murthy (23 April 2024) [pdf, 166 KB]

   ...Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Immigration Advisers Licensing Act, s 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128] and [151]. 9 At [97], [101]–[102] and [112]. 7 [30] As for the professional standards and the Code, she explained them at the meeting on 1 November 2023 and provided him with a copy on the following day. As for the client file, she maintains an accurate a...

5. Ly v Navarette-Scholes [2015] NZIACDT 46 (29 April 2015) [pdf, 154 KB]

   ...instructions.” Mr Laurent said, in the absence of a contractual relationship “there must be very good evidence of a de facto creation of a client relationship”. [10] Mr Laurent then addressed potential breaches of clause 3 of the 2010 Code, he said: [10.1] In relation to the retention of documents, Ms Navarette-Scholes was out of New Zealand when the documents were deposited in her office. Furthermore, she was told they were for safekeeping, and refused to lodge the proposed applic...

6. LCRO 94/2019 EL v UD (15 May 2020) [pdf, 190 KB]

   ...context in which the conduct complaint arises. [100] It is important to recognise that an obligation to provide competent advice does not impose unreasonable burden on a practitioner to be always right, or to always provide the right advice. [101] It has been noted that:12 while there is an existing professional duty of competence in New Zealand, albeit one which is particularly narrow, there is no duty to provide a high level of service to clients. The duty of competence is, in...

7. Green v De'Ath [2018] NZIACDT 43 (1 November 2018) [pdf, 220 KB]

   ...presented in the statement of complaint. 2 Section 49(3) & (4). 3 Section 50. 4 Section 51(1). 5 Section 53(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [101]–[102] & [112]. 8 BREACH OF CODE (1) Failing to explain the summary of licenced immigration advisers’ professional responsibilities to the client and advising him how to access a full copy of the Code before entering...

8. LCRO 186/2022 DV v AW (30 October 2023) [pdf, 208 KB]

   ...Act 2006. [100] Other than as modified by this decision, I confirm the determination of the Committee in all other respects. 21 Dr FN submission, above n 18, at [28]. 22 Standards Committee determination at [38] 15 Orders Censure [101] The Court of Appeal has commented on the nature of a censure or reprimand in New Zealand Law Society v B.23 It said: [39] … Both words envisage a disciplinary tribunal, here a Standards Committee, making a formal or official statement...

9. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...is: [100.1] Censured. [100.2] Ordered to pay a penalty of $6,000. 11 [100.3] Directed to refund fees of $29,600 (he has joint and several liability with Ms Gu- Chang). [100.4] To pay Mr Chen the sum of $1,000 in compensation. [101] Any licence presently held under the Act by Mr Loh is cancelled with effect at 5:00 pm on the 30 th clear calendar day after this decision is delivered to him. [102] Mr Loh is prevented from reapplying for any category of licence as a l...

10. LCRO 167/2022 LY v SN, MB, TD and KV (8 September 2023) [pdf, 212 KB]

    ...independent valuation evidence produced and examined. [100] That is not a process to be undertaken in the context of professional disciplinary proceedings. It can only be properly explored in civil proceedings in the courts. Emotional harm [101] There is no doubt that Mr LY would have suffered surprise and disappointment upon learning that the driveway was not within the exclusive use area of the property. 18 LCRO 181/2009. 16 [102] In Hong v Auckland Standards Committee...