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1. Te Wani v Peters - Te Puru No 5 (2016) 124 Waikato Maniapoto MB 272 (124 WMN 272) [pdf, 204 KB]

   ...incurred, in order to comply with a direction made by His Honour Judge Coxhead at a hearing on 27 November 2013; 4 e) The respondent’s prolonged refusal to pay rental/rates apportionments was an exceptional circumstance and had an effect on other licence holders who had also refused to pay; f) A modest award of costs would demonstrate to other owners in occupation, that those who breach the terms of occupation can expect to pay something over and above the simple arrears amou...

2. [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...

3. Regulatory Impact Statement Private Security Personnel and Private Investigators Act 2010 regulations [pdf, 211 KB]

   ...uptake of training will not achieve the Act’s objective because it is inconsistent across the industry. A minimum level of competency needs to apply to all front-line security personnel in order to assure members of the public that people who hold a licence or certificate of approval under the Act are suitably qualified. Preferred option The preferred option is to make regulations requiring crowd controllers, personal guards and property guards to be assessed against unit standard...

4. Immigration New Zealand (Carley) v De'Ath [2019] NZIACDT 1 (10 Jan 2019) [pdf, 220 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: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until the...

5. 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...

6. [2024] NZIACDT 20 – LB v Luv (8 July 2024) [pdf, 213 KB]

   ...important obligations for immigration advisers, in order to protect 4 consumers. Ms Luv’s misconduct, considered as a whole, could be described as towards the lower end of the moderate level of misconduct. [16] Ms Luv has held a full licence since 2013 and this is the first time she has appeared before the Tribunal. It is open to the Tribunal to consider whether any retraining is necessary. [17] It is submitted that the appropriate sanctions would be: 1. Caution. 2. A...

7. [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...

8. [2024] NZIACDT 10 – MM v Ma (12 March 2024) [pdf, 114 KB]

   ...misconduct is significant. It falls towards the higher end of moderate level misconduct. [15] Ms Ma’s response to the complaint appears to suggest an absence of an appreciation of the seriousness of the misconduct. [16] Ms Ma has held a full licence since 18 January 2016. She completed the Graduate Certificate in New Zealand Immigration Advice in 2015. This is her first appearance before the Tribunal. [17] It is submitted that the fundamental failures warrant a strong and c...

9. [2020] NZIACDT 53 - ZG v Parker (16 December 2020) [pdf, 217 KB]

   ...Immigration New Zealand’s letter of 7 March 2018. This was a breach of cls 2(a) and 7(a) of the Code. SUBMISSIONS Submissions from the Registrar [13] In his submissions of 11 November 2020, the Registrar advises that Mr Parker has held a full licence since 16 January 2013. It is noted that a previous complaint for using unlicensed staff to communicate had been upheld by the Tribunal. As the present conduct had occurred before the earlier disciplinary proceedings, it could n...

10. OS & KB Ltd v KS & NS [2023] NZDT 187 (18 April 2023) [pdf, 153 KB]

    ...of vehicles owe a duty to drive with reasonable care and are responsible for any reasonably foreseeable damage suffered as a result of a failure to do so. The duty to take reasonable care includes a duty to follow all relevant road rules and driver licencing requirements. 7. The obligation to drive with reasonable care and skill is owed by any person who is in control of the operation of a vehicle. Usually there is no question that a person in the driver’s seat of a car is in control...