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1. Feng v Young [2016] IACDT 40 (12 August 2016) [pdf, 177 KB]

   ...Rehabilitation is not a realistic possibility now and it appears that it will never be a possibility. However, the Tribunal and the Registrar have separate roles. The Tribunal can impose conditions that a practitioner must fulfil before applying again for a licence. However, the Registrar deals with fitness requirements if a former licence holder ever applies for a licence in the future; disciplinary history is potentially a relevant factor. These are issues for the Registrar; the Tribunal...

2. Prasad v Devi [2014] NZIACDT 88 (15 September 2014) [pdf, 182 KB]

   ...was a breach of clause 1.1(c) of the Code of Conduct. That clause required the adviser to “take reasonable steps to ensure clients’ interests are represented if the adviser cannot for any reason continue as a representative.” When Ms Devi’s licence was cancelled on the basis of an unrelated matter, she failed to meet her obligation to protect her client, despite having been given one week’s grace by the Tribunal specifically for that purpose. [4] The full circumstances are set...

3. [2022] NZIACDT 3 - IL v Khetarpal (10 February 2022) [pdf, 140 KB]

   ...26 May 2019. Her husband and son, the latter having been born in New Zealand, were here on temporary visas. [5] Ms Khetarpal, a licensed immigration adviser, was a director of Ivisas Ltd, of Auckland. This company is now in liquidation. Her licence had been cancelled on 16 February 2016. On appeal to the District Court, it issued an interim order on 22 March 2016 allowing her to practice subject to supervision, including a condition that she inform her clients that she was pro...

4. Aid-to-decision-of-Coroner-Windley-as-to-scope.pdf [pdf, 667 KB]

   ...for investigation within this timeframe will include whether Mr Tarrant had any help from others on that day, the emergency response efforts, and whether that response may have affected the survivability of the deceased. Mr Tarrant’s firearms licence – in scope How Mr Tarrant obtained a firearms licence was identified as an issue of particular concern to Interested Parties and is one the Coroner will inquire into. This issue, and firearms licencing law and processes generally, we...

5. 2022 NZPSPLA 23.pdf [pdf, 152 KB]

   ...[2022] NZPSPLA 023 IN THE MATTER OF Complaint by DM against ST made under s 73 Of the Private Security Personnel and Private Investigators Act 2010 (the Act) HEARD by telephone on 21 July 2022 DECISION [1] ST holds an individual licence in the class of private investigator and works as an employment investigator. DM has filed a complaint against ST following an employment investigation undertaken by ST where DM was one of the complainants. [2] DM’s main comp...

6. Prakash v Zhou [2015] NZIACDT 86 (27 August 2015) [pdf, 179 KB]

   ...is not working, and has liabilities arising from the complaints this Tribunal is now addressing. She took no steps to protect herself against those financial consequences when taking the position in Mr Martin’s practice. She has surrendered her licence. [24] In short, Ms Zhou was an inexperienced immigration adviser, who took on the role of sole licensee in a practice where Mr Martin was engaging in dishonest practices. At present, he is serving a substantial sentence of imprisonment f...

7. N v I [2018] NZIACDT 19 (18 June 2018) [pdf, 213 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...

8. Chand v Shearer [2016] NZIACDT 57 (21 September 2016) [pdf, 279 KB]

   ...also reiterated that the breach of her obligation arose after the sudden death of a family member, and the resulting pressure. Ms Shearer failed to recognise her own fragility at the time. [9] Ms Shearer referred to the renewal process for her licence, and attention the Authority paid to her practice. Discussion Perspective [10] The Tribunal gives considerable weight to the views of the Registrar in respect of the appropriate sanctions. That is particularly so in relation to...

9. Mohammadalibeigy v Yap [2015] NZIACDT 64 (25 May 2015) [pdf, 178 KB]

   ...Appeal dealt with an appeal against a sentence of one year and eight months imprisonment on charges under the Act. Mr Hakaoro’s appeal was unsuccessful, as was his application for leave to appeal to the Supreme Court. 1 [18] A person seeking a licence under the Act is required to demonstrate that they understand this essential principle of immigration practice before they obtain a licence. There are numerous decisions of this Tribunal addressing licensed immigration advisers being a...

10. Wang v Fu [2017] NZIACDT 24 (28 November 2017) [pdf, 157 KB]

    ...an order directing that Mr Fu refund all the fees and expenses paid to him by the complainant; [5.2] Mr Fu should receive a monetary penalty of something less than $10,000; and [5.3] there should be an order suspending or cancelling Mr Fu’s licence until he has completed the Professional Practice 7015 course of the Graduate Diploma in New Zealand Immigration Advice. The complainant’s position regarding sanctions [6] The complainant sought to have the advisor’s licence ca...