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874 items matching your search terms

  1. [2026] NZIACDT 056 – NW v Ramos (22 October 2026) [PDF, 228 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s44 / Code of Conduct 2014, cl1, cl9, cl26aiii, cl26d / adviser lodged visitor visa application for client who had already reached maximum permitted visitor visa stay / failed to advise in writing application was futile or had little hope of success / failed to obtain written acknowledgement of risk from client / breach of cl1 and cl9 / failed to provide client opportunity to review draft visa application before lodgement / breach of cl1 / allegation of failure to provide updates and maintain relationship of trust and confidence not established / allegation of failure to provide evidence of licence not established / allegations concerning professional standards information, complaints procedure and explanation of written agreement not established / failed to retain all written communications on client file / missing emails from Immigration New Zealand and client communications / breach of cl26aiii / failed to maintain well-managed client file / breach of cl 26d / complaint upheld in part / sanctions to follow
  2. [2026] NZIACDT 52 - DD v Registrar of Immigration Advisers (15 September 2026) [PDF, 200 KB]

    Appeal against Registrar rejecting complaint / complaint advisers misled appellant about ability to work after entering New Zealand on guardian visa accompanying daughter on student visa / appellant said advisers failed to explain limitations, costs, risks and process of transitioning to a work visa and did not properly consider her financial need to work / Immigration Advisers Licensing Act 2007, s44, s45, s54 / HELD / evidence showed appellant proposed and agreed to student and guardian visa pathway knowing guardian visa did not permit employment / advisers repeatedly advised that employment would require either a variation of conditions for part-time work or a different visa pathway / appellant did not inform advisers that full-time employment was essential to support her family / isolated email suggesting possible part-time work did not amount to misleading advice when read in context of broader communications / no evidence of incompetence, misleading conduct or breach of Code disclosed by complaint / appeal rejected
  3. [2026] NZIACDT 54 – INZ (Watson) v Singh (2 October 2026) [PDF, 195 KB]

    Sanctions / adviser found liable for 10 professional failures involving 12 breaches of professional obligations owed to two clients / most serious conduct included permitting an unlicensed person to undertake substantive immigration advice work / Immigration Advisers Licensing Act 2007, s50, s51 / Code of Conduct 2014, cl1, cl3a, cl4a, cl14, cl22, cl23, cl26aiii, cl26aiv, cl26c, cl26d, cl26e, cl31a / HELD / critical feature of the statutory licensing regime that only licensed advisers undertake immigration advice work / adviser’s first and only appearance before the Tribunal in 16 years of professional practice / adviser censured and ordered to pay $3,000 financial penalty
  4. [2026] NZIACDT 51 - ZI v Suzuki (7 September 2026) [PDF, 122 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 and cl31a / adviser signed a declaration form and an employment agreement in the client and the employer’s name without authority to do so / breach of cl1 and cl31a / adviser was not dishonest and had no intention to defraud, deceive or lie / signatures were not presented in a deceptive way and given in typed script / however, the documents were plainly misleading being presented to Immigration NZ as documents purportedly signed by the client and his employer / adviser careless or negligent but not dishonest / complaint upheld / sanctions to follow
  5. [2026] NZIACDT 50 – IM v Yu (26 August 2026) [PDF, 132 KB]

    Sanctions / adviser found liable for 17 breaches of professional standards / most serious was continuing to provide immigration services after supervision agreement terminated and even after licence suspended / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl8a, cl8c, cl13c,  cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl25a, cl25b, cl25c, cl25e, cl25f, cl26e, cl28c / HELD / wilful breach / unlawful retention of complainant’s tuition fees, refusal to refund and using retained funds for own purposes a grave breach / belated engagement in disciplinary process / nine other complaints upheld involving 123 breaches with pattern of engaging only at sanctions stage / systemic dishonesty and non-compliance with professional obligations / contempt for licensing system / services of no value to client / censured / prevented from reapplying for licence for further five years / ordered to pay $4,000 financial penalty / ordered to refund $8,960, tuition fees unlawfully retained
  6. [2026] NZIACDT 49 - BE v Ganeshkumar (26 August 2026) [PDF, 219 KB]

    Sanctions / adviser found liable for 12 breaches of professional standards / most serious is lying to client about when a visa application had been made / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2a, cl17b, cl18a, cl18b, cl18c, cl19c, cl22, cl26aiii, cl26b, cl26d, cl26e / HELD / early admission of wrongdoing undermined by untruthful evidence to Authority and Tribunal, including fabricated file note / no apology to client / remorse and contrition limited / breaches of obligations concerning documents or information required to be given to clients important aspects of consumer protection / absence of a written agreement major departure from expected standards / first appearance before Tribunal / misconduct not for financial gain / censured / further training a condition of reapplication / ordered to pay $6,000 financial penalty.
  7. [2026] NZIACDT 48 – INZ v Singh (17 August 2026) [PDF, 206 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3a, cl4a, cl14, cl22, cl23, cl26aiii, cl26aiv, cl26c, cl26d, cl26e, cl 31a / adviser acted for two clients / breach of cl1 / failed to provide clients with draft applications before filing / failed to apply for a visa for second client in a timely manner / breach of cl1, cl3a / permitted unlicensed person to undertake immigration advice work / breach of cl4a / failed to preserve client confidentiality / documents concerning another client sent to first client / breach of cl14 / failed to provide second client evidence of being licensed / breach of cl22, cl23, cl26iv / failed to provide second client with an invoice and receipt for cash payment / breach of cl26aiii, cl26e / failed to retain all written communications / failed to retain them on file and provide them to the Authority / breach of cl26c / failure to confirm material discussions in writing to clients / failed to ensure other adviser complied with this requirement / breach of cl26 / failed to train staff and other adviser to maintain well-managed client files / breach of cl1, cl31a / negligent provision of incorrect information to Immigration NZ / sanctions to follow
  8. [2026] NZIACDT 45 - BM v Nantes (7 August 2026) [PDF, 120 KB]

    Sanctions / adviser found liable for five breaches of professional standards / most serious breach erroneous approach to seeking overseas police certificate that probably led to decline of residence / high degree of carelessness / adviser services of no value to client / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26b, cl26c / second complaint upheld by the Tribunal (10 breaches of the Code) / no acknowledgement of harm or apology / censured / directed to complete further training / ordered to pay $3,000 financial penalty / ordered to refund $4,480 for professional and Immigration NZ fees / compensation of $5,000 for emotional damages
  9. [2026] NZIACDT 44 - INZ (Watson) v Wan (27 July 2026) [PDF, 121 KB]

    Sanctions / adviser found liable for five breaches of professional standards / most serious being failure to personally engage with clients and allowing their exclusive communication with an unlicensed offshore agent (rubber stamping) / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl18b, cl26b, cl26c / third complaint upheld by the Tribunal (14 breaches of the Code concerning 4 clients) / adviser has accepted wrongdoing, undertaken comprehensive training and implemented new practice management and systems / Tribunal condemns reliance on unlicensed offshore agents / censure / ordered to pay $4,000 financial penalty
  10. [2026] NZIACDT 43 – BE v Ganeshkumar (14 July 2026) [PDF, 205 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8c, cl17b, cl17c, cl18a, cl18b, cl19c, cl22, cl26aiii, cl26b, cl26d, cl26e / breach of cl1 / falsely advised of date visa application lodged / dishonest communication / failed to provide draft visa application for review / breach of cl2a / breached relationship of trust and confidence / breach of cl8c, 19c / failed to disclose provisional status, supervisor’s name and requirement for supervision / breach of cl18a, 17b, 18b / failed to provide a written agreement or otherwise provide and explain summary of responsibilities and significant matters in a service agreement / breach of cl22 / failed to provide invoice / breach of cl26b / failed to notify date visa application lodged / breach of cl26aiii, cl26d, cl26e / failed to maintain copies of written communications and a well-managed filing system / sanctions to follow
  11. [2026] NZIACDT 42 - XL v Zhu (7 July 2026) [PDF, 98 KB]

    Sanctions / adviser permitted unlicensed employee to provide immigration services / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl3c, cl14, cl18a, cl26b / adviser found to be in breach of six professional standards / major departure from expected standards and important aspects of consumer protection / complete failure to communicate with client / rubber stamping / absence of written agreement / adviser’s first appearance before Tribunal / admitted all breaches and provided outline of steps taken to prevent recurrence / adviser censured / $4,000 fine 
  12. [2026] NZIACDT 41 – IM v Yu (2 July 2026) [PDF, 240 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, ss 442 / Licensed Immigration Advisers Code of Conduct 2014, cl8a, cl8c, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl25a, cl25b, cl25c, cl25e, cl25f, cl26e, cl28c / provisional licence holder provided immigration advice without approved supervision agreement and while licence suspended / breach of cl8a and cl13c / failed to provide evidence of licence, explain provisional licence requirements, or identify supervisor / breach of cl8c, cl14 and cl19c / failed to provide and explain summary of professional responsibilities / breach of cl17a and cl17b / failed to explain significant matters in service agreement / breach of cl18b / failed to provide complaints procedure / breach of cl15a and cl17c / client funds paid into personal account, not held in separate client account, not applied for intended purpose, and not refunded / breach of cl25a, cl25b, cl25c, cl25e and cl25f / failed to produce client file to Authority on request / breach of cl26e / failed to advise client of licence suspension and where assistance could be obtained / breach of cl28c / sanctions to follow
  13. [2026] NZIACDT 40 – NM v Nantes-Bautista (30 June 2026) [PDF, 128 KB]

    Sanctions / adviser gave incorrect advice on eligibility for residence / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl17c, cl18b, cl26b / five breaches of four obligations / most serious was fundamental mistake concerning visa criteria / adviser admits wrongdoing / first appearance before Tribunal / adverse publicity of limited relevance to sanctions / further training unnecessary, noting commitment to ongoing professional development and remedial actions / censured and fined $3,000 / ordered to pay $5,690 refund for wasted fees / compensation refused, claimed costs not caused by wrongdoing, emotional damages refused  
  14. [2026] NZIACDT 39 – XA v Huang (29 June 2026) [PDF, 123 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, cl5, cl6, cl19(l), cl20(a), cl17b, cl18b / adviser found to be in breach of seven professional standards / fee of $12,000 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 / reputational damage from earlier decision relevant, but not significant factor in determining appropriate sanctions / fourth complaint upheld against adviser / adviser censured / $4,000 fine (having considered totality of sanctions in parallel proceedings) / $7,000 refund
  15. [2026] NZIACDT 38 - BM v Nantes (24 June 2026) [PDF, 300 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3a, cl3c, cl14, cl17a, cl17b, cl17c, cl18b, cl22, cl26aiii, cl26aiv, cl26av, cl26b, cl26c, cl26d, cl26e / breach of cl1 and 26b / adviser failed to send critical communications from Immigration NZ to client / failed to exercise due care, did not follow Immigration NZ’s process to obtain required documentation despite being repeatedly informed of it / breach of cl2e / failed to carry out client’s instruction to withdraw application / breach of cl17b / although client provided with a copy, failed to explain summary of professional standards / breach of cl18b / failed to explain significant matters in the service agreement / breach of cl26c / failed to confirm in writing material discussions with the client / sanctions to follow
  16. [2026] NZIACDT 37 – NM v Yu (17 June 2026) [PDF, 112 KB]

    Sanctions / failed to engage with Authority and Tribunal / 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 / Immigration Advisers Licensing Act 2007 s3, s17, s19, s48, s50, s51 / Code of Conduct 2014 cl1, cl2a, cl3a, cl8a, cl13a, cl13c, cl18a, cl22, cl24c, cl26e, cl29a / HELD / major departure from expected standards / aggravated by poor disciplinary history and contempt of disciplinary process / no mitigation advanced or acknowledgement of wrongdoing / current two-year prohibition / public should be further protected / adviser censured / prohibited from reapplying for licence for period of three years / $4,000 fine
  17. [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 
  18. [2026] NZIACDT 35 - INZ (Kindl) v Zhou (4 June 2026) [PDF, 132 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl18c, cl26a, cl26b, cl26d, cl31a / breach of cl1, cl2e, cl26b / adviser did not communicate directly with client (rubber stamping) / failed to verify client’s identity in communications / failed to send draft visa application to client prior to filing / failed to inform client application filed / breach of cl18c / failed to obtain client’s signature on service agreement / breach of cl26a, cl26d / failed to maintain a client file and retain communication (paper trail) / loss of phone not a justification / breach of cl31a / negligently misled Immigration NZ by falsely stating she had given advice to the client / complaint upheld / sanctions to follow
  19. [2026] NZIACDT 34 - XL v Zhu (28 May 2026) [PDF, 117 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl3c, cl14, cl18a, cl26b / breach of cl2e and cl3c / adviser did not communicate directly with client (rubber stamping) / allowed unlicensed employee to undertake immigration advice work / client was unlicensed employee’s friend, did not charge professional fee / breach of cl1 / failed to provide client an opportunity to review  application before it was lodged / breach of cl14 / failed to provide evidence of being licensed / breach of cl18a / failed to provide written agreement / pro bono work requires written agreement / breach of cl26b / failed to inform client application filed / complaint upheld / sanctions to follow
  20. [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
  21. [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
  22. [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
  23. [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
  24. [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
  25. [2026] NZIACDT 28 - GX v Huang (30 April 2026) [PDF, 214 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, cl5, cl6, cl14, cl17b, cl18b, cl19l / adviser found to be in breach of eight professional obligations / undisclosed conflict and excessive fee identified as most serious / fee of approximately $16,000 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 third appearance / reputational damage from earlier decision and related proceedings not significant factor in context of adviser’s retirement before publication / complainant entitled to refund, balance of extravagant compensation sought dismissed / adviser censured, fined $4,000 (reflecting totality of sanctions) and ordered to refund $1,588