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1. [2020] NZIACDT 51 - NMS v Mercardo (3 December 2020) [pdf, 261 KB]

   ...[33] Mr Mercado now heads a company with 15 employees, including three other fully licensed advisers and two provisionally licensed advisers, all of whom rely upon his leadership. He has mentored four other provisional advisers who now hold full licences of their own. Mr Mercado himself has held a full licence since April 2009. [34] The Authority has proposed that Mr Mercado complete a training module, but Mr Laurent says that may not be required. The negligence largely arose fro...

2. Chowdhury v Standing [2012] NZIACDT 57 (30 August 2012) [pdf, 133 KB]

   ...progressing Mr Chowdhury’s immigration objectives. [24] On 17 August 2011, Mr Standing wrote to Mr Chowdhury in a standard letter which appears to have been sent to his clients generally, as it was not personalised. It said Mr Standing had his licence cancelled by this Tribunal on 15 August 2011, and Living New Zealand Ltd (the company through which Mr Standing apparently operated his practice) had gone into liquidation. The letter suggested Mr Standing would continue to provide immig...

3. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...background facts are set out in the Tribunal’s substantive decision and are summarised below. [3] At the time of the relevant events, Ms Sun was a licensed salesperson under the Act working at [Real estate company]. Ms Sun voluntarily surrendered her licence on 25 October 2018 and is currently residing overseas. [4] In 2014, [Property development company] applied to [council] to subdivide a property into 15 lots (the subdivision). Each of the lots, to which this proceeding relat...

4. 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...

5. [2021] NZREADT 21 - Kemp & Scoble (5 May 2021) [pdf, 268 KB]

   ...may be relevant to the present case, the Tribunal may: [a] make any of the orders that a Complaints Assessment Committee may make under s 93 of the Act (following a finding of unsatisfactory conduct); [b] order cancellation of the licensee’s licence, or suspension for a period not exceeding 24 months; and/or [c] order a licensee to pay a fine of up to $15,000. Submissions [22] Ms Mok submitted for the Committee that penalty orders in disciplinary proceedings may ensure both sp...

6. Matheis v Ling [2015] NZIACDT 91 (08 October 2015) [pdf, 183 KB]

   ...progressed. She had no sensible explanation for failing to understand the plain wording of the Registrar’s notice and the serious warnings contained in it. Ms Ling had to demonstrate an ability to understand legal processes of this kind to gain a licence as a licensed immigration adviser. [29] I have determined this issue on the balance of probabilities, but at the higher end of the sliding scale given the gravity of the finding. I am sure the evidence establishes Ms Ling deliberately...

7. INZ (Calder) v Tian [2019] NZIACDT 58 (27 August 2019) Sanctions [pdf, 204 KB]

   ...appropriate, having regard to her previous unblemished record, acknowledgement of her error and the isolated incident of unprofessional communication. [35] Nor are there grounds on which the Tribunal could consider the suspension or cancellation of her licence. Ms Tian had issued a formal apology on 22 June 2018, though she agrees that it should have been provided directly to Immigration New Zealand. It did demonstrate her awareness of the negative impact of her conduct and repr...

8. [2022] NZREADT 26 He & An (22 November 2022) [pdf, 253 KB]

   ...it thinks fit, make 1 or more of the orders specified in subsection (2). (2) The orders are as follows: (a) 1 or more of the orders that can be made by a Committee under section 93 (except under section 93(1) (ha)): (b) an order cancelling the licence of the licensee and, in the case of a licensee that is a company, also cancelling the licence of any officer of the company: (c) an order suspending the licence of the licensee for a period not exceeding 24 months and, in the case of...

9. [2023] NZEnvC 133 Bay of Islands Maritime Park Incorporated v Northland Regional Council [pdf, 2.6 MB]

   ...Proposed Regional Plan for Northland, which have been categorised into Topic 1B – Vehicles on beaches. The appeals relate to a single rule: Rule C.1.5.1 Use of vehicles on beaches and other activities that disturb the foreshore and seabed – permitted activity. [2] The appeals were lodged by: (a) Bay of Islands Maritime Park Incorporated (Bay of Islands Maritime Park); (b) CEP Services Matauwhi Limited (CEP Services); (c) Mr D Lourie; and (d) Royal Forest and Bird Protecti...

10. 2021-03-24 Transcript up to end of day 10 [pdf, 3.8 MB]

    ...COURT: JUDGE BORTHWICK 135 year? MR MAW: Yes. 51 OTAGO REGIONAL COUNCIL PLAN CHANGE 7 – ENV-ENV-2020-CHC-127 (08 Mar 2021) THE COURT: JUDGE BORTHWICK And so is part of the issue – and it may not be but in terms of those mining licences now deemed permits, you’ve got the physical infrastructure itself has been authorised – what, under the mining permit, or...? MR MAW: 5 Yes, although there will be some interplay with the Building Act in terms of whether they...