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872 items matching your search terms

  1. [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
  2. [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 
  3. [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
  4. [2025] NZIACDT 55 - NA v Wharekura (20 October 2025) [PDF, 125 KB]

    Sanctions / adviser failed to lodge complainant’s work visa application and carelessly represented that it had been filed / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / four heads of complaint involving breach of eight obligations in Code / adviser has acknowledged wrongdoing and made considerable efforts to improve practice / adviser’s medical circumstances provide some explanation but do not justify wrongdoing / third complaint upheld against adviser / adviser censured / no retraining, suspension or cancellation necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $2,281 in compensation, reflecting costs of visitor visa and emotional distress exacerbated by adviser’s misleading behaviour
  5. [2025] NZIACDT 54 - SC v Wharekura (15 October 2025) [PDF, 242 KB]

    Sanctions / widespread failings in communications with client and INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / extensive wrongdoing, resulting in 12 breaches of 16 standards in the Code / moderate gravity of offending / most serious breaches involved grossly inadequate services agreement and failure to comply with client’s instruction to remove partner from residence application / adviser bears responsibility for decline of application notwithstanding INZ’s misapplication of policy / adviser acknowledged wrongdoing and made  considerable efforts to improve practice / adviser censured / no retraining necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $8,240.44 in compensation, reflecting costs of IPT appeal and relocation.
  6. [2025] NZIACDT 53 - LN v Rabuku (14 October 2025) [PDF, 199 KB]

    Sanctions / 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 / 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 / first appearance before Tribunal / adviser held provisional licence at time of wrongdoing / gravity of wrongdoing at high end of moderate level / unprofessional conduct aggravated by her failure to participate in the disciplinary process / breadth of wrongdoing and lack of participation in disciplinary process necessitate further professional training before return to profession / adviser censured / prevented from reapplying for licence prior to completion of professional development course / ordered to pay $5,000 financial penalty
  7. [2025] NZIACDT 52 - SH v McGarrigle (10 October 2025) [PDF, 152 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / 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 / no evidence that client was unwilling to fund more expensive residence application / breach of cl1 / adviser failed to disclose entitlement to commission from private business school and obtain informed consent from complainant in writing / no eventual receipt of commission no defence / breaches of cl5 and cl6 / adviser failed to comply with complainant’s request for full client file / inappropriately required client to complete authority to send request for information to INZ / breaches of cl1 and cl26f / alternative negligence heads dismissed / sanctions to follow
  8. [2025] NZIACDT 51 - NO v Ellis (2 October 2025) [PDF, 257 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / client engaged adviser to seek student visa / INZ declined application as it was not accepted he would be genuine student and his financial documentation was inadequate / evidence did not support allegation that adviser instructed client to create false narrative to explain gap in tertiary studies / dishonest or misleading behaviour not proven / evidence did not support allegation that adviser failed to properly review and update relevant financial documents before filing / adviser had alerted client of issues with documents on multiple occasions / however, adviser failed to confirm in writing discussions with client relating to incomplete financial evidence / breach of cl26c / adviser unprofessionally communicated with tertiary institute following decline of visa / breach of cl1 / complaint partially upheld / sanctions to follow
  9. [2025] NZIACDT 50 - NF v Wilson (22 September 2025) [PDF, 207 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / 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 / breach of obligation to be professional and to exercise due care / adviser failed to promptly make fair and reasonable refund / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / breach compounded by failure to respond to complainant’s refund request within specified time frame / complaint partially upheld / sanctions to follow.
  10. [2025] NZIACDT 49 - CE v Asici (22 September 2025) [PDF, 201 KB]

    Sanctions / adviser provided incorrect information in visa application, resulting from inadequate communication with complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18b / incorrect information contributed to decline of application though not primary cause of decline / gravity of wrongdoing towards lower end of spectrum / adviser and agency engaging her accepted the Tribunal’s decision and implemented improvements to comply with Tribunal’s ruling prior to issuing its decision / first appearance in six years of practice / isolated instance of wrongdoing / adviser cautioned / censure and training orders not warranted / ordered to pay $500 financial penalty
  11. [2025] NZIACDT 48 - INZ (Watson) v Santos - 15 September 2025 [PDF, 257 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26aiv, cl26b, cl26d / adviser failed to directly communicate or engage with three clients (‘rubber stamping’) / high workload no justification for failure to discharge professional obligations /  adviser responsible for managing workload to ensure compliance / evident that unlicensed staff had provided substantive immigration advice to clients / adviser failed to explain professional responsibilities / failed to explain all significant provisions in terms of engagement / failed to provide draft visa applications prior to lodgement for review / failed to confirm in writing when applications were lodged and provide timely updates / failed to retain copy of invoices which had been provided to clients / failed to maintain well-managed filing system / complaint partially upheld / sanctions to follow.
  12. [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
  13. [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
  14. [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
  15. [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
  16. [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
  17. [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
  18. [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
  19. [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 /
  20. [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
  21. [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
  22. [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 
  23. [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
  24. [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 
  25. [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