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Search results

843 items matching your search terms

  1. [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…
  2. [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)
  3. [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
  4. [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)
  5. [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 
  6. [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
  7. [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
  8. [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
  9. [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
  10. [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
  11. [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
  12. [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.
  13. [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
  14. [2026] NZIACDT 08 - EG v Yu (12 February 2026) [PDF, 251 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl14, cl17a, cl17b, cl17c, cl18b, cl22, cl26e / adviser dishonestly informed complainant a 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 / falsely informed complainant only agent could contact INZ regarding application / failed to carry out and acted contrary to complainant’s instructions / failed to explain significant matters in agreement, professional responsibilities owed 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 / complaint upheld / sanctions to follow
  15. [2026] NZIACDT 07 – RZ v Yu (10 February 2026) [PDF, 270 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, cl24a, cl24c, cl26b, cl26e / adviser dishonestly concealed failure to reply to INZ’s requests for information in response to work visa variation application / concealed decline of initial variation application / lodged second variation application without informing complainant, forging complainant’s signature in attempt to conceal earlier failures to respond to INZ / declined to engage with Authority and Tribunal / failed to send applications for complainant’s review prior to filing / no written service agreement / 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 / complaint upheld / sanctions to follow
  16. [2026] NZIACDT 06 – SM v Yu (10 February 2026) [PDF, 262 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl22, cl26e / 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 / failed to obtain clients’ instructions / declined to engage with Authority and Tribunal / provided no written service agreement / 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 respond to INZ’s correspondence seeking information about clients / complaint upheld / sanctions to follow
  17. [2026] NZIACDT 05 - QX v Yu (03 February 2026) [PDF, 274 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl18a, cl22, cl26a, cl26b, cl26d / 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 / failed to provide client draft visa application for review / failed to respond to INZ’s request for further information, resulting in declined application / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform complainant of being provisionally licensed and provide evidence of licence / failed to provide services agreement / failed to obtain and carry out client’s instructions, provide timely updates, and provide invoice / failed to maintain well-managed filing system / complaint partially upheld / sanctions to follow
  18. [2026] NZIACDT 04 - ZX v Yu (03 February 2026) [PDF, 272 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8a, cl8c, cl13a, cl14, cl18a, cl26e / adviser dishonestly offered residency-qualifying job in exchange for substantial payment / client had already paid significant fees for visa and supposed employment agreement / discussions involved significant staged payments, inflated salary and structured costs to facilitate residence, indicating alleged job‑selling and immigration fraud / adviser knew advice to client was in contravention of immigration and employment legislation / provided no written service agreement / 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 / complaint upheld / sanctions to follow
  19. [2026] NZIACDT 03 - XI v Shi & Sun (23 January 2026) [PDF, 370 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl12c, cl17b, cl17c, cl18b, cl20a / complaint against adviser and supervisor / complainant did not give evidence / breach of cl1 and cl2e / adviser insufficiently personally engaged with complainant nor sent draft application for review / Tribunal rejects evidence about claimed discussion as untruthful / breach of cl17b and cl18b / did not explain professional responsibilities or significant matters in agreement / breach of 20a / professional fee of ~$7,200 for accredited employer work visa application unfair and unreasonable / uplift for urgency not confirmed with client / uplift for work on holiday, high workload not justified / breach of cl1 / supervisor allowed adviser to charge extravagant fee / complaint not trivial / sanctions to follow.
  20. [2026] NZIACDT 02 - NO v Ellis (15 January 2026) [PDF, 194 KB]

    Sanctions / dviser failed to confirm in writing discussions with client relating to incomplete financial evidence / adviser unprofessionally communicated with tertiary institute following decline of student visa, taking potentially damaging gratuitous ‘swipe’ at client once engagement was terminated / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / two 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 to record and confirm material discussions in writing / adviser cautioned and fined $1,000
  21. [2026] NZIACDT 01 - ZQ v Zhuang (14 January 2026) [PDF, 281 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl17b, cl18b, cl28c / alleged that adviser failed to properly explain financial requirements of visas / complainant provided out-of-date bank certificate for funds which no longer existed / evidence demonstrated adviser made considerable effort to explain financial criteria / no breach of cl1 / failed to verbally explain professional responsibilities / written summary insufficient / breaches of cl17b and cl18b / adviser failed to advise where to find assistance following termination / breach of cl28c / adviser engaged in additional work following provision of incorrect information by complainant / no refund warranted / no breach of cl24a and cl24c / complainant impliedly consented to third party knowing reasons for termination / no material breach in disclosure of information / no breach of cl4 / alternative negligence heads dismissed / sanctions to follow.
  22. [2025] NZIACDT 59 – Labour Inspectorate (Gardiner) v Jaspal (19 December 2025) [PDF, 202 KB]

    Sanctions / adviser failed to disclose in writing to 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 / failed to provide written services agreement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / four breaches of professional obligations / adviser’s failure to have written agreement and to properly disclose conflict and obtain client’s consent to continued representation are not minor matters / gravity of the wrongdoing at lower end of moderate spectrum / adviser’s failure to have agreement inadvertent / first appearance in nine years of practice / adviser has made improvements to practice / adviser censured / no training order required given rehabilitative efforts / adviser fined $2,000 
  23. [2025] NZIACDT 58 - NF v Wilson (9 December 2025) [PDF, 191 KB]

    Sanctions / adviser failed to provide complainant’s police certificate to Immigration NZ in course of lodging visa application / lack of police certificate had significant impact on duration of complainant’s visa / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / three breaches of Code / first complaint against adviser / adviser declined to engage with Tribunal and expressed no remorse or apology / wrongdoing does not justify censure / adviser cautioned / low-level gravity of offending / adviser fined $1,000
  24. [2025] NZIACDT 57 – SH v McGarrigle (4 December 2025) [PDF, 233 KB]

    Sanctions / complainant engaged adviser to seek visa for adult daughter / adviser incorrectly advised complainant that the client was beyond the dependence age and could only apply for a visitor, student or work visa / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / five failures of five professional obligations / wrongdoing involved undisclosed eligibility for commission for acting as school’s agent / incorrect advice for resident visa eligibility had severe consequences for client / lack of diligence and due care / immaterial that complainant did not follow internal complaints procedure / first appearance / adviser has no insight into wrongdoing, no remorse, and offers no apology / adviser censured / no training order required as adviser relinquished licence / $1,500 financial penalty / adviser ordered to pay $9,145.25 in compensation, reflecting visa and tuition fees, and emotional harm to complainant and client 
  25. [2025] NZIACDT 56 – INZ (Watson) v Santos (2 December 2025) [PDF, 204 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), resulting in eight breaches of seven obligations in the Code / four clients involved, three primarily affected / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26aiv, cl26b, cl26d / direct engagement a fundamental obligation of advisers / gravity of wrongdoing at upper end of moderate / adviser acknowledged wrongdoing but no apology offered / high workload no justification for failure to discharge professional obligations / adviser ordered to undergo training / adviser censured / ordered to pay $4,000 financial penalty