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1. Ye v Chen [2015] NZIACDT 68 (27 May 2015) [pdf, 120 KB]

   ...The facts [9] Given Ms Chen’s position, it is only necessary to consider why she did not have a written agreement. The essential facts were that Ms Chen understood her client had an agreement with a company, which did not and could not hold a licence as a licensed immigration adviser. Ms Chen provided contractual services to the company, and she thought she did not have an obligation in relation to an agreement with her client. [10] After the complaint, she obtained legal advice, cor...

2. Pole v Tangilanu [2014] NZIACDT 76 (26 August 2014) [pdf, 81 KB]

   ...Code. The complaint [6] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [6.1] Ms Tangilanu became a licensed immigration adviser in September 2010. She held a provisional licence. Prior to that time, she had lawfully provided immigration services to the complainants and their family as there was no requirement to have a licence when she gave the advice. [6.2] The events that give rise to the complaint commenced i...

3. CAC306 v Zhou & Anor [2016] NZREADT 12 [pdf, 212 KB]

   ...conduct. Mr She defended the three charges against him and we found him guilty on one charge of misconduct (charge 4 set out below) and on one charge of unsatisfactory conduct. [2] From at least 19 December 2014 both those defendants have had their licences as real estate salespersons suspended. Some aspects of the substantive case were rather involved and we have covered them in much detail in our said substantive decision but, for present purposes, we set out some of our findings u...

4. Sharma v Manchanda [2018] NZIACDT 2 (2 February 2018) [pdf, 196 KB]

   ...second aspect of the ground of complaint identified by the Registrar relates to potential breaches of cls 26(c) and 26(e) of the Code, in relation to file management. There are two dimensions, the first is in relation to cl 26(c), which requires a licenced immigration adviser to confirm in writing to the client the details of all material discussions with the client. The second is that a licenced 6 immigration adviser pursuant to s 26(e) must maintain a client file for a...

5. Liddle v Standing [2012] NZIACDT 52 (30 August 2012) [pdf, 124 KB]

   ...the issue was, for them, urgent. That was because Mr Liddle’s entitlement was about to change due to his age. [14.4] Mr Standing failed to lodge a visa application, and has not explained or justified this failure. [14.5] Mr Standing had his licence cancelled by this Tribunal with effect from 15 August 2011. He has not refunded the fees that were not earned, and has failed to account for client funds. [14.6] On 17 August 2011, Mr Standing wrote a generic letter which was received...

6. [2021] NZREADT 46 - Tapu (23 August 2021) [pdf, 270 KB]

   ...10056 v Ferguson [2013] NZREADT 30; Morton- Jones v The Real Estate Agents Authority [2016] NZHC 1804, at [128]; and Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1, at [97]. [b] order cancellation of the licensee’s licence, or suspension for a period not exceeding 24 months; [c] order an individual licensee to pay a fine of up to $15,000; [d] (if it appears to the Tribunal that any person has suffered loss by reason of the licensee’s conduct) o...

7. Harvey v Standing [2012] NZIACDT 58 (30 August 2012) [pdf, 124 KB]

   ...confirmed in writing. [4] The agreement provided that Mr Harvey was “guaranteed” residence, on certain terms, and if that did not happen he would get a refund of fees. [5] The payment was made in June 2011, and in August 2011 Mr Standing had his licence cancelled by this Tribunal. He had provided no services to Mr Harvey. [6] Mr Harvey made inquiries and ascertained he was not likely to qualify for residence in New Zealand, and believes that Mr Standing misrepresented his ability...

8. February v Smith [2015] NZIACDT 10 (20 February 2015) [pdf, 75 KB]

   ...application for an order for the payment of costs or expenses under section 51(1)(g) should be accompanied by a schedule particularising the amounts and basis for the claim. 4 [20] Mr Smith is at risk of a substantial financial penalty, loss of licence, and an order for compensation. In giving Mr Smith notice of the gravity of this matter, I am not indicating the Tribunal has reached any concluded view, or that the Registrar and the complainant may not successfully advance a...

9. Khan v Devi [2014] NZIACDT 2 (15 January 2014) [pdf, 77 KB]

   ...been numerous decisions of this Tribunal that address the fundamental features of the regime for licensed immigration advisers. Features relevant to the present complaint are as follows: [15.1] Unless a person is licensed or exempt from holding a licence, it is a criminal offence to provide “immigration advice”. [15.2] The Act defines “immigration advice” in broad terms. [15.3] It is not possible for a client engagement to commence, in accordance with the Code of Conduct, with...

10. Heard v Albert - Rotohokahoka F6 Trust (2016) 147 Waiariki MB 212 (147 WAR 212) [pdf, 190 KB]

    ...earner in the household and costs would be against the whole family and not the applicants business. As such the applicant can only afford minimal weekly repayments. [9] Counsel submits that the trustees’ lack of understanding that the end of the licence would result in the end of the applicants business and income is reflective in their pursuit of costs. Respondent’s Submissions [10] Counsel for the trustees’ submits that the court found in favour of the trustees and acc...