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845 items matching your search terms

  1. [2025] NZIACDT 47 - Labour Insp.Gardiner v Jaspal (11 September 2025) [PDF, 221 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / adviser failed to disclose in writing to the client a potential conflict of interest given familial connection to director of sponsor employer / familial connection risked compromising adviser’s ability to provide objective immigration advice / no evidence of any hidden benefit from arrangement / adviser failed to provide written services agreement / additional services provided by adviser in respect of employment, accommodation and settlement inextricably linked to immigration services / other services provided subject to professional obligations under Act and Code / no evidence fee charged not fair and reasonable / no agreement in writing to apparent change in terms of payment from those agreed at commencement / complaint partially upheld / sanctions to follow
  2. [2025] NZIACDT 46 - LN v Rabuku (4 September 2025) [PDF, 222 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl22, cl24a, cl24b, cl24c, cl25a, cl25b, cl25e, cl25f, cl26a, cl26c, cl26d, cl26e, cl28a, cl28c / adviser failed to respond to client’s text messages and was dilatory in filing visa application / visa application filed more than five months after ascertaining required information / did not advise client she could no longer act following expiry of provisional licence / proceeded to file application despite expiry of licence / did not provide fair refund upon termination of services / failed to maintain separate client account / appropriated client’s monies, failing to use them only for fulfilment of services while licensed / failed to maintain records / filing system not well-managed / did not confirm all material discussions in writing / corresponding negligence heads dismissed / complaint partially upheld / sanctions to follow
  3. [2025] NZIACDT 45 - NA v Wharekura (2 September 2025) [PDF, 234 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / failure to lodge complainant’s work visa application / failure to provide complainant summary of licensed adviser’s professional responsibilities, nor explain them / failed to advise of internal complaints procedure or provide explanation / acknowledgements in services agreement not separately signed or initialled / adviser’s engagement with spouse can be sufficient compliance / failure to specify fees and disbursements in agreement / lack of professional manner in communications with the complainant and spouse / adviser admits he was negligent or lacked due care, citing travel and health issues / no evidence of dishonesty / communications nonetheless unprofessional / breaches of alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  4. [2025] NZIACDT 44 – SC v Wharekura (28 August 2025) [PDF, 284 KB]

    Professional responsibilities and professional practice / misleading behaviour / follow instructions / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl 1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / misled client about seeking reconsideration of declined application / failed to pass on to client, or respond to, requests for information from INZ / failed to provide draft residence application for review / also did not provide decline letter in timely manner or retain all INZ communications on file / failed to follow instruction to remove partner from application / failed to provide or explain professional standards and complaints documents / written services agreement lacked many Code requirements / did not confirm material discussions in writing / did not provide invoice for fees, disbursements / did not maintain well-managed file / complaint partially upheld / sanctions to follow
  5. [2025] NZIACDT 43 – BL v Schoeller (27 August 2025) [PDF, 206 KB]

    Sanctions / adviser dilatory in sending authority form and terms of engagement in urgent immigration circumstances, erroneously advised complainant to await whether interim visa issued, and communicated unprofessionally with complainant / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl15b, cl18, cl26b / five heads of complainant upheld, involving breach of three professional obligations / gravity of wrongdoing at lower end of moderate level misconduct / adviser apologised to complainant for unprofessional communications albeit did not acknowledge nor apologise for incorrect advice / incorrect advice did not prejudice complainant’s immigration status / no prior disciplinary history / adviser cautioned / censure and training orders not warranted / ordered to pay $2,000 financial penalty
  6. [2025] NZIACT 42 – CE v Asici (14 August 2025) [PDF, 127 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18b / adviser did not explain all significant matters in written agreement to client / advising of ability ask questions does not discharge mandatory obligation to explain terms of agreement / explanation should be verbal, whether in-person or by videoconference or telephone / breach of cl18b / adviser accepted inadvertent failure to send draft visa application to complainant for review / confirmation of correctness by employer sponsor immaterial / obligation owed to client / adviser’s failure not primary cause of visa being declined / breach of cl1 / not proven that adviser dishonestly or falsely stated to client that draft application had been provided to client / honest but incorrect declaration not warrant further disciplinary response / no breach of cl1 / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  7. [2025] NZIACDT 41 – KU v Wang (1 August 2025) [PDF, 198 KB]

    Sanctions / four professional obligations breached / adviser failed to enter services agreement directly with complainant / failed to explain all significant matters in agreement / failed to provide evidence of being licensed / failed to confirm in writing details of all material discussions / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl14, cl18a, cl18b, cl26c / failure to have agreement personally with complainant a major departure from expected standards / moderate overall gravity of offending, reflecting one serious breach and three others / adviser accepts wrongdoing and has taken comprehensive steps to prevent repetition / first complaint upheld in 16 years of practice / adviser censured / ordered to pay $2,500 financial penalty
  8. [2025] NZIACDT 40 – KM v Jiang (Sanctions) (31 July 2025) [PDF, 204 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching eight professional obligations / client a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / gravity of wrongdoing at upper end of moderate / third complaint in eight years of practice / adviser acknowledges wrongdoing and expresses remorse / further training unnecessary given appreciation of wrongdoing / formal prevention of adviser reapplying for licence unnecessary / adviser censured / financial implications of all sanctions decisions considered / ordered to pay $4,000 financial penalty /
  9. [2025] NZIACDT 39 – CM v Jiang (31 July 2025) [PDF, 210 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching eight professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / gravity of wrongdoing at upper end of moderate / second complaint in eight years of practice / adviser fully acknowledges wrongdoing and expresses genuine remorse / further training unnecessary as adviser demonstrated appreciation of wrongdoing / formal prevention of adviser reapplying for licence unnecessary / adviser censured / ordered to pay $4,000 financial penalty
  10. [2025] NZIACDT 38 – LY v Jiang (30 July 2025) [PDF, 208 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), breaching eight professional obligations / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / gravity of wrongdoing at upper end of moderate / adviser fully acknowledges wrongdoing and expresses genuine remorse / further training unnecessary as adviser demonstrated appreciation of wrongdoing / formal prevention of adviser reapplying for licence unnecessary / adviser censured / ordered to pay $3,500 financial penalty
  11. [2025] NZIACDT 37 - ZH v Ma (23 July 2025) [PDF, 247 KB]

    Sanctions / dishonesty, provision of false information and documents, failure to have services agreement and undisclosed conflict of interest / Immigration Advisers Licensing Act 2007, s19, s50, s51 / wrongdoing amongst most serious, comprising 12 heads of complaint, particularly given deceitful misleading of INZ / numerous fundamental breaches of the Code / adviser’s reference to medical condition lacks evidential basis, and has no material connection to wrongdoing and appropriate sanctions / wrongdoing aggravated by extensive disciplinary history involving 63 heads of complaint across six separate complaints / licence recently cancelled in separate proceedings, current complaint would otherwise justify cancellation / gravity of misconduct and extensive disciplinary history requires further order preventing adviser from reapplying for licence for two years / adviser censured / ordered to pay financial penalty of $5,000, reduced to reflect totality of financial sanctions 
  12. [2025] NZIACDT 36 – BL v Schoeller (17 July 2025) [PDF, 172 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl15b, cl18, cl26b / Immigration Instructions, I1.5 / adviser dilatory in sending authority form and terms of engagement in urgent immigration circumstances / failed to explain terms of engagement / erroneously advised complainant to await whether interim visa issued, contrary to immigration instructions / could not delegate responsibility to provide accurate advice to INZ contact centre / no evidence of circumstances justifying intervention of Minister in favour of complainant / not required to explain proposed solution following complainant’s termination / fee charged for work undertaken prior to termination was reasonable / discourteous written communications, hanging up on phone call and failure to reply unprofessional / internal complaint process not followed / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  13. [2025] NZIACDT 35 – TG v Ma (11 July 2025) [PDF, 267 KB]

    Sanctions / dishonesty, provision of false information and documents, failure to have services agreement and undisclosed conflict of interest / Immigration Advisers Licensing Act 2007, s19, s50, s51 / wrongdoing amongst most serious, comprising 26 heads of complaint, particularly given deceitful misleading of INZ / aggravated by complete absence of acknowledgement of serious wrongdoing and extensive disciplinary history involving more than five clients / numerous fundamental breaches of the Code / adviser’s medical condition lacks material connection to wrongdoing and appropriate sanctions / cancellation sanction of last resort / Tribunal has no confidence that training, mentoring or further suspension will protect public / cancellation reasonable and proportionate / adviser censured / licence cancelled / adviser prevented from any form of licensing for two years / ordered to pay $10,000 financial penalty / ordered to pay refund and compensation totalling $58,500 
  14. [2025] NZIACDT 34 - KU v Wang (24 June 2025) [PDF, 125 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl14, cl18a, cl18b, cl26c / no evidence of failing to obtain and carry out complainant’s instructions or ‘rubber stamping’ / delegation of work permissible where other licensed adviser identified in written services agreement / unlicensed employee able to perform clerical work / however, adviser, as director of company, entered into services agreement with consultancy firm, rather than client / tripartite contractual relationship resulted in lack of services agreement between adviser and client / failed to provide evidence of being licensed / failed to explain all significant matters in agreement / failed to confirm in writing all material discussions / global fixed fee not unfair or unreasonable / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  15. [2025] NZIACDT 33 - KM v Jiang (16 June 2025) [PDF, 242 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  16. [2025] NZIACDT 32 - CM v Jiang (16 June 2025) [PDF, 239 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, section 44(2) / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  17. [2025] NZIACDT 31 – LY x Jiang (16 June 2025) [PDF, 240 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl26ai, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / breach of fundamental obligation to personally contract with and engage with visa applicant / adviser contributed to creating an environment for fraud to be perpetrated / failed to provide evidence of licence / failed to provide client opportunity to review INZ application / failed to personally confirm application lodged and provide timely updates / failed to retain visa application and records of communications / availability of visa application from INZ website immaterial to obligation to maintain records / however, no evidential foundation to indicate conflict of interest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  18. ZH v Ma [2025] NZIACDT 30 (6 June 2025) [PDF, 311 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl5, cl7, cl14, cl18a, cl26aiii, cl26b, cl26d / adviser failed to maintain direct communications with client, could not communicate through unlicensed agent / did not advise complainant that sponsor employer was husband’s company, continued to lodge visa application notwithstanding conflict / deliberately and dishonestly failed to declare to INZ of her assistance on visa application form / dishonestly presented Authority with services agreement known to be false, containing fake signature from complainant / adviser’s explanation she was unaware of conflict with sponsor employer rejected / employment agreement not genuine as work not bona fide, provision to INZ dishonest / alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  19. ZA v KY [2025] NZIACDT 29 (3 June 2025) [PDF, 103 KB]

    Professional responsibilities and professional practice / adviser alleged to have been negligent or alternatively to have breached Code / complaint in relation to reasonableness of consultation fee for student placement application / Immigration Advisers Licensing Act 2007, s7, s442, s50A / Code of Conduct 2014 / consultation for student placement application did not constitute immigration advice / while the adviser’s services agreement contemplated future student visa application, no such application was made / complainant terminated adviser’s services upon receiving offer of study / no visa advice provided / no visa application drafted or submitted / scope of work not within immigration advice disciplinary jurisdiction / complaint dismissed
  20. TG v Ma [2025] NZIACDT 27 (27 May 2025) [PDF, 332 KB]

    Professional responsibilities and professional practice / adviser deliberately and dishonestly failed to disclose role in two visa applications, but sought to ensure communications were directed to her / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1 cl5, cl7, cl14, cl18a, cl20a, cl22, cl26c, cl26d / adviser sought to hide involvement in visa applications from INZ due to conflict of interest / deliberately and dishonestly provided false email address for applicants / untruthfully represented existence of two jobs with husband’s company which ultimately formed basis for grant of visa / absence of written services agreements / no provision of evidence of being licensed / failed to provide opportunity to review applications / failed to disclose conflict in writing / no record of written advice / no well-managed filing system / no provision of invoices / withheld services for failure to pay / excessive fees / complaint partially upheld / sanctions to follow
  21. [2025] NZIACDT 26 - KA v Wen (26 April 2025) [PDF, 218 KB]

    Sanctions / adviser committed 12 breaches of 11 professional obligations / client the victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26d, cla2b / HELD / Tribunal denounces failure to directly engage with client (‘rubber stamping’), alongside failure to have written service agreement signed by client / three complaints upheld against adviser, treated as third appearance / totality of sanctions considered / Tribunal acknowledges adviser was inexperienced, only holding provisional licence at time of breaches / upper end of moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $4,000 financial penalty
  22. [2025] NZIACDT 24 - INZ v Ma (31 March 2025) [PDF, 131 KB]

    Sanctions / adviser failed to directly engage with client (‘rubber stamping’) or disclose conflict of interest in writing / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl5, cl7, cl14, cl18a, cl26aiii, cl26b, cl26d, cl31a / eight breaches of 10 obligations under Code / direct engagement a fundamental obligation of advisers, failure enabled immigration fraud to occur / failure to use services agreement major departure from expect standards / inadequate written disclosure of conflict of interest serious breach / gravity of wrongdoing at high end of moderate / third appearance before Tribunal / adviser expressed sorry for misconduct but no apology offered / pattern of breaching fundamental professional obligations / adviser censured / need to undertake training reiterated and ordered further / cancellation not warranted in circumstances / suspension ordered pending retraining / ordered to pay $7,000 financial penalty / compensation not sought
  23. [2025] NZIACDT 23 – JY v Wen (25 March 2025) [PDF, 216 KB]

    Sanctions / adviser breached nine professional obligations / client wound up as a victim of immigration fraud  / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl14, cl17a, cl17c cl18a, cl18b, cl20a, cl22 and cl26b / HELD / Tribunal denounces failure to have written agreement before undertaking work, along with excessive fee and numerous other breaches of Code / three complaints upheld against adviser, treated as first appearance / Tribunal accepts adviser was inexperienced, only holding provisional licence at time of breaches / moderate gravity of wrongdoing / adviser offered no apology, though acknowledges significance of wrongdoing and has taken comprehensive steps to prevent repeat / adviser has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not sought / adviser ordered to pay $3,000 financial penalty
  24. [2025] NZIACDT 22 – ZZ v Wen (25 March 2025) [PDF, 214 KB]

    Sanctions / adviser breached six professional obligations / had no contact with complainant / permitted unlicensed agent to perform work required to be undertaken by the licensed adviser / client wound up as a victim of immigration fraud / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl14, cl18a, cl18b, cl26b / HELD / Tribunal denounces failure to directly engage with client, alongside failure to have written service agreement / three complaints upheld against adviser, treated as second appearance / Tribunal accepts adviser was inexperienced, only holding provisional licence at time of breaches / gravity of wrongdoing at high end of moderate / adviser offered no apology, though acknowledges significance of wrongdoing and has taken comprehensive steps to prevent repeat / adviser has implemented practices to prevent repeat and regularly undertakes professional development / further training unnecessary / adviser censured / compensation not soug…
  25. [2025] NZIACDT 21 – KA v Wen (5 March 2025) [PDF, 197 KB]

    Professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl14, cl17a, cl17b, cl17c, cl18a, cl18b, cl26aiii, cl26b, cl26d / HELD / adviser permitted unlicensed agent to perform work required to be undertaken by licensed adviser (‘rubber stamping’) / breaches of cl1, cl2e / failed to provide evidence of being licensed / breach of cl14 / failed to provide professional standards and complaints procedure / breaches of cl17a, cl17b, cl17c / failed to provide copy of visa application prior to lodgement / breach of cl1 / failed to provide service agreement, major departure from expected standard: Tian v TA [2024] NZDC 2759 / breach of cl18a / failure to maintain and provide complete file / breach of cl26aiii / filing system not well-managed / breach of cl26d / failed to advise of lodgement of application / breach of cl26b / no evidence of dishonesty / alternative charges of negligence dismissed / complaint partially upheld / sanctions to follow