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Search results

855 items matching your search terms

  1. [2026] NZIACDT 36 – INZ (Watson) v Wan (11 June 2026) [PDF, 138 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3a, cl3c, cl14, cl18b, cl20, cl26b, cl26c / breach of cl1/ adviser failed to give clients an opportunity to review visa applications prior to filing / success of application not relevant / breach of cl2e / failed to personally and directly obtain instructions from clients regardless of authority to engage with agent / breach of cl18b / failed to explain all significant matters in agreement to clients / breach of cl26b / failed to confirm in writing when application lodged / breach of cl26c / failed to confirm material discussions in writing to clients / complaint upheld / sanctions to follow 
  2. [2026] NZIACDT 33 - IZ v Registrar of Immigration Advisers (26 May 2026) [PDF, 203 KB]

    Appeal against Registrar rejecting complaint / dismissed on basis it disclosed only trivial or inconsequential matter / Immigration Advisers Licensing Act 2007, s34, s45, s54 / unclear if Registrar or investigator made decision dismissing complaint / however, investigation missed critical issues / no evidence of assessment of merits of business plans / visa application appeared to wholly lack merit / no refund provided and contractual refund criteria appear to be inconsistent with Code of Conduct / meets threshold for assessment by Tribunal / adviser will have opportunity to comment in Authority and Tribunal’s next steps / appeal allowed
  3. [2026] NZIACDT 32 - NM v Nantes (12 May 2026) [PDF, 231 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl17c, cl18b, cl26b / HELD / adviser failed to correctly advise on eligibility for 2021 RV category / breach of cl1 / failed to update client in a timely manner / sent client decline decision over one month later / breach of cl26b / failed to respond to enquiry in timely manner / breach of cl1 / failed to advise of internal complaints procedure and provide copy / breach of cl17c / failed to explain all significant matters in written agreement / breach of cl18b / complaint upheld / sanctions to follow
  4. [2026] NZIACDT 31 – KZ v Ma (11 May 2026) [PDF, 236 KB]

    Sanctions / failed to provide written agreements for two requests for Ministerial intervention / failed to advise applications futile and obtain written consent to continue / failed to work within scope of knowledge and experience / unnecessarily increased fees / failed to provide invoices for work / failed to provide Authority with complete copies of complainant’s immigration matters in her client file / Immigration Advisers Licensing Act 2007, s48, s50, s51 / Code of Conduct 2014 cl1, cl2a, cl8a, cl9, cl18a, cl20b, cl22, cl26ai, cl26e / HELD / futile applications in order to make money / exploitation of vulnerable migrant / successive futile applications affected complainant’s credibility to request discretionary visa / aggravated by extensive disciplinary history / adviser censured / $8,000 fine / $3,900 refund / prohibited from reapplying for licence for maximum period of two years
  5. [2026] NZIACDT 30 - XA v Huang (7 May 2026) [PDF, 252 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl17b, cl18b, cl19l, cl20a / HELD / adviser failed to send draft application to client before filing / breach of cl1 / did not proactively explain summary of professional obligations or significant matters in agreement / breach of cl17b, cl18b / conflict of interest / had contractual relationship with employer without disclosing conflict in writing, recording in agreement, and obtaining written consent / breach of cl5, cl6, cl19l / failed to charge reasonable fee / $12,000 fee for work visa, unfair and unreasonable / fees charged by offshore labour recruitment firms not relevant / cannot justify uplift on basis of extra work / no-win, no-fee model cannot justify steep elevation / breach of cl20a / complaint upheld / sanctions to follow
  6. [2026] NZIACDT 29 – NM v Liu (1 May 2026) [PDF, 120 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl3a, cl8a, cl13a, cl13c, cl18a, cl22, cl24c, cl26e, cl29a / failure to engage with Authority and Tribunal / adviser engaged by employer and some of its employees to conduct job checks and assist with visa applications / continued to advise employer and an employee without required supervision under provisional license, amounting to deceptive misrepresentation of licence status / failed to provide client files to Authority upon request / failed to provide employer written services agreement / provided invoices to employer without particularising services rendered / failed to inform employer of suspension and offer refund for uncompleted services / failed to maintain relationship of confidence and trust with employer / complaint upheld / sanctions to follow
  7. [2026] NZIACDT 27 – AM v Huang (23 April 2026) [PDF, 201 KB]

    Sanctions / adviser failed to disclose and obtain written consent to a conflict of interest and charged excessive fee / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl4(a), cl5, cl6, cl17b, cl19l and cl20a / adviser found to be in breach of seven professional obligations / undisclosed conflict and excessive fee identified as most serious / fee of approximately $15,400 deemed grossly excessive / fee reflected a lack of appreciation of setting a reasonable fee in New Zealand market / conflict of interest did not provide undisclosed financial advantage to adviser and had no detriment to client / adviser’s second appearance / reputational damage from earlier decision and related proceedings not significant factor in context of adviser’s retirement before publication / adviser censured and fined $4,000 (having considered totality of sanctions in parallel proceeding)
  8. [2026] NZIACDT 26 – INZ (Watson) v Huang (14 April 2026) [PDF, 105 KB]

    Sanctions / adviser failed to disclose and obtain written consent to a conflict of interest and charged excessive fee / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl4(a), cl5, cl6, cl17b, cl18b, cl19l and cl20a / adviser found to be in breach of eight professional standards / undisclosed conflict and excessive fee identified as moderately serious / fee of approximately $14,000 deemed grossly excessive / fee reflected a lack of appreciation of setting a reasonable fee in New Zealand market / conflict of interest did not provide undisclosed financial advantage to adviser and had no detriment to client / adviser’s first appearance / reputational damage from earlier decision not significant factor in context of adviser’s retirement before publication / adviser censured and fined $3,000
  9. [2026] NZIACDT 25 – ID v Yu (13 April 2026) [PDF, 131 KB]

    Sanctions / adviser dishonestly concealed failure to lodge residence visa application and fabricated existence of ‘missing’ interim visa / inaction resulted in complainant’s immigration status becoming unlawful / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl26e / adviser found to be dishonest and in breach of 16 professional standards / medium to high gravity of wrongdoing / adviser’s failure to lodge resident visa application significantly impacted complainant / misconduct aggravated by poor disciplinary record / Tribunal recently upheld seven complaints, with dishonesty involved in six complaints / further order preventing reapplication of licence proportional to adviser’s wrongdoing / adviser censured and fined $3,000 (reduced from $8,000 to reflect totality of parallel proceedings) / adviser ordered to pay complainant $8,160 in compensation  
  10. [2026] NZIACDT 24 – ZM v Yu (7 April 2026) [PDF, 104 KB]

    Sanctions / adviser failed to provide written services agreement for subsequent work visa application /  failed to inform client upon her licence being suspended / client later discovered no subsequent application had been made / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl3a, cl8a, cl8c, cl13a, cl13c, c14, cl18a, cl22, cl24c, cl26e, cl29a / adviser found to be in breach of 12 professional standards / most serious breaches were lack of services agreement and adviser’s continued, albeit inadequate, representation of client following suspension / misconduct aggravated by failure to engage with Authority and Tribunal, alongside disciplinary history comprising 95 breaches of the Code across seven complaints, with dishonesty involved in six complaints / adviser censured, fined $2,500 (reflecting totality of parallel proceedings), and ordered to refund fee of $1,540 to client  
  11. [2026] NZIACDT 23 - RZ v Yu (30 March 2026) [PDF, 228 KB]

    Sanctions / adviser dishonestly concealed failure to reply to INZ’s requests for information in response to work visa variation application / forged complainant’s signature in subsequent application / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl24a, cl24c, cl26b, cl26e / dishonesty and breach of 19 professional standards / gravity of misconduct at upper end of serious, notable forging of complainant’s signature / seven separate complaints upheld against adviser, six involving dishonesty / adviser's belated contention that she did not intend to mislead complainant or conceal information dismissed / insincere acceptance of seriousness of disciplinary findings / further order preventing reapplication of licence proportional to adviser’s wrongdoing / adviser censured and fined $4,000 (reduced from $8,000 to reflect totality of parallel proceedings)
  12. [2026] NZIACDT 22 - EG v Yu (30 March 2026) [PDF, 223 KB]

    Sanctions / adviser dishonestly informed complainant that visa application had been made and was under assessment by INZ / dishonestly advised complainant that interim visa had been issued and she was not overstaying / filed s 61 request for discretionary visa without instructions / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl14, cl17a, cl17b, cl17c, cl18b, cl22, cl26e / adviser found to be dishonest and in breach of 12 professional standards / gravity of adviser’s misconduct assessed as medium to high level / seven separate complaints upheld against adviser, six involving dishonesty / adviser’s belated explanation of personal events and health issues accepted to impact advisory capabilities but do not explain or justify lying to complainant / accepted advisor was provisionally licensed at time of misconduct / further order preventing reapplication of licence proportional to adviser’s wrongdoing and in public interest / …
  13. [2026] NZIACDT 21 – SM v Yu (24 March 2026) [PDF, 113 KB]

    Sanctions / adviser dishonestly advised clients that application for visas had been filed and that grant of visas was imminent / adviser filed application five days later / adviser dishonestly withheld draft application and INZ’s letters to conceal misleading conduct / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl22, cl26e / adviser was dishonest in two respects and breached 17 professional standards / gravity of  wrongdoing assessed as medium to high / dishonesty inherently serious, though comparatively less so than in adviser’s parallel proceedings / adviser’s belated explanation of personal events and health issues accepted to materially impact work but do not justify blatant lie to complainant and actions to conceal that misrepresentation / complaint does not require further order preventing reapplication for licence / adviser censured and fined $4,00…
  14. [2026] NZIACDT 20 – QX v Yu (23 March 2026) [PDF, 124 KB]

    Sanctions / adviser dishonestly filed application on behalf of client for tourism or holiday visa rather than work visa sought by client / subsequently provided client a fabricated work visa decline letter from INZ / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl18a, cl22, cl26a, cl26b, cl26d / adviser dishonest in two respects and breached 12 professional standards / gravity of adviser’s wrongdoing at upper end of serious given dishonest / conduct aggravated by adviser’s failure to engage with Authority and Tribunal over prolonged period / adviser’s explanation of conduct did not acknowledge dishonesty finding nor apologise to complainant / four other dishonesty complaints upheld / further order preventing reapplication of licence proportional to adviser’s wrongdoing and in public interest / adviser censured and fined $4,000 (reduced from $8,000 to reflect totality of six parallel proceedings)
  15. [2026] NZIACDT 19 - KZ v Ma (16 March 2026) [PDF, 234 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl8a, c9, c18a, cl20b, cl22, cl26ai, c26e / adviser made series of futile and unsuccessful immigration applications / complainant had arrived to NZ long ago using relative’s passport / since married NZ resident, fathered children, and operated successful business / service agreement only pertained to initial s 61 request / adviser failed to provide written agreements for second s 61 request and Ministerial intervention request / second s 61 request filed without any new information, refugee claim withdrawn within days / failed to advise complainant of futility of applications / failed to work within scope of knowledge and experience / advised complainant his situation was outside her ability / charged $800 for two subsequent hopeless applications / failed to provide invoices / failed to provide Authority with client file / sanctions to follow
  16. [2026] NZIACDT 18 - ZX v Yu (13 March 2026) [PDF, 233 KB]

    Sanctions / adviser dishonestly offered residency-qualifying job in exchange for substantial payment, breaching seven professional standards / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl8a, cl8c, cl13a, cl14, cl18a, cl26e / gravity of adviser’s misconduct at upper end of serious / adviser’s actions, involving creation of fake job, amounted to immigration scam / such conduct compromises the integrity of the immigration system and undermines public trust / conduct aggravated by adviser’s failure to engage with Authority and Tribunal over prolonged period / expression of remorse belated and assessed in context of deliberate fraud / cancellation, a sanction of last resort, proportional to adviser’s wrongdoing and in public interest / adviser’s licence cancelled / prohibited from reapplying for licence for maximum period of two years / fined $4,000 (reduced from $8,000 to reflect totality of five parallel proceedings)
  17. [2026] NZIACDT 17 – GX v Huang (13 March 2026) [PDF, 243 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl1, cl5, cl6, cl14, cl17b, cl18b, cl19i / HELD / adviser failed to send draft application to client before filing / breach of cl1 / failed to provide evidence of being licensed / providing licence number not sufficient / breach of cl14 / failed to explain summary of professional obligations or significant matters in agreement / breach of cl17b & cl18b / paying commission to agent without disclosing conflict in writing, recording in agreement, and obtaining written consent, breach of cl5 & cl6 & cl19i / failed to charge reasonable fee / uplift for ‘no fee, no win’ model could not justify extravagant fee of $16,000 for two work visa and one student visa applications / breach of cl20a / sanctions to follow 
  18. [2026] NZIACDT 16 - NN v Registrar of Immigration Advisers (10 March 2026) [PDF, 74 KB]

    Appeal against Registrar rejecting complaint / immigration lawyer alleged adviser used copyrighted materials from third party organisations in contractual terms and conditions and various professional practice documents published on his website / Registrar rejected complaint under s 45 as there was no evidence of potential copyright infringement / Authority did not believe it nor Tribunal were correct organisations to make determinations as to copyright infringement / Immigration Advisers Licensing Act 2007, s45, s442 / potential breaches of copyrighted materials without consent do not fall within statutory definition of immigration advice / no client nor immigration matter / matters fall outside statutory complaint and disciplinary process / matters may be investigated as part of considering fitness of person for licensing albeit not be subject of complaint / immaterial that copyright holders have not complained or commenced proceedings in other fora / appeal rejected
  19. [2026] NZIACDT 15 - XI v Shi & Sun (6 March 2026) [PDF, 234 KB]

    Sanctions / adviser found liable for four breaches of professional standards, including rubber stamping and charging excessive fees / supervisor found liable for one breach for failure to exercise due care and diligence in allowing extravagant fee / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl12c, cl17b, cl17c, cl18b, cl20a / direct engagement a fundamental obligation of advisers / excessive fee was approximately twice the upper end of market rate / adviser’s gravity of wrongdoing moderate / supervisor’s gravity of wrongdoing regarding excessive fee at upper end of low / neither adviser nor supervisor acknowledged wrongdoing, nor offered apology or indicated remorse / no evidence of improved practices / adviser gave untruthful evidence at hearing / first disciplinary findings / adviser was inexperienced and provisionally licensed / adviser censured, required to undergo training, and fined $4,000 / supervisor cautioned and fined $1,500
  20. [2026] NZIACDT 14 - AM v Huang (3 March 2026) [PDF, 241 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl4(a), cl5, cl6, cl17b, cl19l and cl20a / adviser failed to send draft application to client before filing with INZ / relied on recruitment company to review application with client / failed to obtain written authority from client to disclose personal information to recruiting company / assurance from third party that it has authority from client insufficient / failed to explain professional obligations and significant matters in agreement / failed to disclose conflict of interest / tripartite agreement with recruitment company created potential conflict which required disclosure and client’s written consent / adviser’s fees excessive / application was uncomplicated and did not warrant fee significantly beyond market range / ‘no win, no fee’ model lawful but did not justify steep elevation in fee / exploitive fee / complaint upheld / sanctions to follow
  21. [2026] NZIACDT 13 - INZ (Watson) v Huang (26 February 2026) [PDF, 270 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl4(a), cl5, cl6, cl17b, cl18b, cl19l and cl20a / adviser failed to send draft application to client before filing with INZ / relied on recruitment company to review application with client / failed to obtain written authority from client to disclose personal information to recruiting  company / assurance from third party that it has authority from client insufficient / failed to explain professional obligations and significant matters in agreement / failed to disclose conflict of interest / tripartite agreement with recruitment company created potential conflict which required disclosure and client’s written consent / adviser’s fees excessive / applications were uncomplicated and did not warrant fee significantly beyond market range / ‘no win, no fee’ model lawful but did not justify steep elevation in fee / complaint upheld / sanctions to follow
  22. [2026] NZIACDT 12 – TS v Registrar of Immigration Advisers (23 February 2026) [PDF, 201 KB]

    Appeal against Registrar rejecting complaint / complaint adviser misled appellant by stating he was eligible for NZ job market, overestimating eligibility for resident visa / complaint adviser deceived him into believing that being “eligible” for resident visa  would enable him to secure employment / complaint adviser did not provide clear, documented advice about limits of eligibility / complaint regarding job search dismissed as undertaken by a different person in a different company under a separate contract / Immigration Advisers Licensing Act 2007, s45, s442 / appellant misunderstood advice provided by adviser / adviser did not communicate he was entitled to such visa / adviser explained that further steps would “enhance” eligibility / rejection from employers due to lack of work visa is a reflection of job market / regulatory breaches discovered did not justify disciplinary action / appeal rejected
  23. [2026] NZIACDT 11 - ZQ v Zhuang (20 February 2026) [PDF, 101 KB]

    Sanctions / adviser terminated engagement after undertaking considerable work in respect of applications for complainant and her family / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl17b, cl18b, cl28c / three breaches of Code / adviser’s first appearance before Tribunal / low overall gravity of wrongdoing / adviser accepted disciplinary findings and has since introduced improvements in practice / adviser cautioned and fined $500
  24. [2026] NZIACDT 10 - ZM v Yu (18 February 2026) [PDF, 235 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3a, cl8a, cl8c, cl13a, cl13c, c14, cl18a, cl22, cl24c, cl26e, cl29a / failure to engage with Authority and Tribunal / adviser failed to provide client evidence of being licensed / failed to provide written services agreement / failed to provide invoice / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed / failed to inform client when her licence was suspended and provide a refund / failed to provide Authority client file / complaint upheld / sanctions to follow.
  25. [2026] NZIACDT 09 – ID v Yu (16 February 2026) [PDF, 260 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl26e / adviser dishonestly concealed failure to lodge residence visa application and fabricated existence of ‘missing’ interim visa / declined to engage with Authority and Tribunal / failed to carry out complainant’ instructions / failed to explain significant matters in services agreement / failed to provide and explain summary of professional obligations and complaints procedure / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / failed to provide Authority with client file / complaint partially upheld / sanctions to follow