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  • If you want to search for a specific section of the Immigration Advisers Licensing Act 2007 or clause of the Code of Conduct 2014, you must search it as one word with no spaces or brackets. For example, if searching for section 44(2)(a) of the Act, you should enter ‘s442a’ into the keyword search and if searching for clause 19(k) of the Code of Conduct, you should enter ‘cl19k’.

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Search results

569 items matching your search terms

  1. Hahn v Walke [2019] NZIACDT 32 (14 May 2019) Sanctions [PDF, 238 KB]

    Sanctions decision / complaint upheld by Tribunal / Hahn v Walke [2019] NZIADCT 19 / seminars / allowing unlicensed  person to give immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / s511a / advisor censured / s511e / prohibited from reapplying for licence  for two years / required to complete training before reapplying for licence / s511f / fined
  2. Abellera v Elizabeth [2019] NZIACDT 31 (13 May 2019) [PDF, 94 KB]

    Final decision / complaint upheld by Tribunal / interim decision Abellera v Elizabeth [2017] NZIACDT 17 / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / failure to issue refund / demand to withdraw complaint in exchange for refund / Code of Conduct 2014, cl1, cl19e cl24a and cl24e / adviser apologised and accepted responsibility / refund issued / no further sanction appropriate / complaint upheld.
  3. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [PDF, 197 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / delays in preparing EOI / lack of refund policy / failure to refund / s442a of the Act  / negligence / Code of Conduct 2014, cl1, cl3c, cl19e, cl19k and cl24 / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / adviser did not have any involvement with file / unlicensed staff processed application / obligations cannot be delegated / agreement not tailored to client’s circumstances  / delay in preparing EOI unreasonable and negligent / advisor failed to offer a fair and reasonable refund / complaint upheld
  4. Singh v Patel [2019] NZIACDT 29 (9 May 2019) [PDF, 98 KB]

    Sanctions decision / complaint upheld by Tribunal / Singh v Patel [2019] NZIADCT 17 / failed to make a record of meetings and discussions with client / failed to confirm material discussions in writing / Code of Conduct 2014, cl26aiii and cl26c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor aware of need to improve file management / advisor has taken steps to ensure compliance with obligations / s50b / no further sanctions are warranted
  5. Van Zyl v McNeil [2019] NZIACDT 27 (8 May 2019) [PDF, 109 KB]

    Immigration adviser in breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / four heads of complaint alleged / misleading or dishonest conduct / s442d of the Act / failure to pay refund promised / failure to maintain all communications in required manner / failure to provide written communications for inspection / Code of Conduct 2014, cl24b & cl24c, cl26aiii and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / insufficient evidence of dishonest or misleading conduct / adviser failed to promptly provide promised refund / adviser breached written agreement with complainant / sufficient record of communications with clients existed / complaint upheld.
  6. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [PDF, 186 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / delays in lodging EOI and communicating with complainant / failure to maintain and make available client file for inspection / s571c of the Act  / lack of professionalism, due care and diligence / Code of Conduct 2014, cl1 and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / EOI lodgement delays resulted in complainant missing automatic selection / communication delays were unreasonable / client file retained by adviser’s former employer / adviser must make reasonable efforts to obtain file / Jiang v Immigration Advisers Complaints and Disciplinary Tribunal [2018] NZHC 3152 / file was that of the firm and not the adviser / advisers obligation under cl26e to provide file to Authority must be consistent with s571c / complaint upheld.
  7. GZ v Ke (Luke) Lu [2019] NZIACDT 26 (6 May 2019) [PDF, 113 KB]

    Sanctions decision / complaint upheld by Tribunal / GZ v Lu [2019] NZIADCT 15 / rubber stamping / adviser allowed unlicensed people to provide immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / issues of punishment and deterrence also considered / adviser’s actions were isolated and at lower end of disciplinary spectrum / acts not intentional / adviser was proactive in resolving complaint and correcting business practices / adviser cautioned / additional (online) training ordered.
  8. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [PDF, 252 KB]

    Rubber stamping / six heads of complaint relating to 12 clients / Immigration adviser’s business practice contrary to professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / s7 and s5 of the Act / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e & cl19f and cl26b / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / lack of professionalism and due care / failure to engage with clients / unlicensed staff providing immigration advice, not just clerical work / significant matters in agreement not discussed with clients / full description of services and fees not specified in agreement / failure to provide ongoing timely updates to clients on immigration applications / complaint upheld.