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1. National Standards Committee 2 v Paulson Wilson [2021] NZLCDT 16 (14 May 2021) [pdf, 177 KB]

   ...breach of the relationship of trust (both with her employer and the Corrections Department) and the degree of deception involved. [31] Having established the level of seriousness we consider the purposes of penalty. The primary purpose is the protection of the public7. Then there is the purpose of the protection of the reputation of the profession. It is in respect of this latter subject, that we note with concern the practitioner’s view that she only brought herself into disr...

2. LCRO 100/2020 FT v D and O CM (9 June 2020) [pdf, 177 KB]

   ...decision maker considers it both necessary or desirable to do so, it inevitably follows that applicants are required to provide explanation of their circumstances. [57] The evidential burden on applicants should not, consistent with the consumer protection focus of the Act, be unduly onerous, but nor should the burden be negligible. [58] An applicant’s failure to lodge their application in time must be demonstrably linked to circumstances which, examined reasonably and carefully, wo...

3. [2022] NZIACDT 8 - IF v Registrar (2 May 2022) [pdf, 111 KB]

   ...October 2021. 5 [25] The Registrar found the adviser’s failure to check the expiry date to be a potential breach of cl 1 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code), being a failure to exercise diligence and due care. [26] Furthermore, there were some delays with the adviser reviewing documents and responding to emails, which the Registrar considered might also disclose a breach of cl 1. He set out three examples. [27] The Registrar then liste...

4. Human-Rights-Commission-Re-Hendrie.pdf [pdf, 511 KB]

   ...Mrs Nancy Ruth Hendrie. In July 1987 Mrs Hendrie was admitted to the Ashburton Hospital for elective surgery to correct a nerve problem in her arm. In the course of the operation she suffered a cardiac arrest. She was transferred to intensive care in Christchurch, but sadly on 13 July she died. The inquest into her death commenced on 9 October 1987 and after continuing through the next day it was adjourned' 2. to 12 November. On the first days, some attention had been directe...

5. [2024] NZIACDT 27 - INZ v Tran (20 November 2024) [pdf, 230 KB]

   ...[33] No party seeks an oral hearing. ASSESSMENT [34] The Registrar relies on the following provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. Client Care 2. A licensed immigration adviser must: … e. obtain and carry out the informed lawful instructions of the client, and 6 Section 51(1). 7 Z v Dental Complaints Assessment Committee [2008] N...

6. Ashraf v Standing [2012] NZIACDT 55 (30 August 2012) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

7. Chen v Gu-Chang [2013] NZIACDT 56 (30 August 2013) [pdf, 149 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [45] The statutory purpose is achieved by considering at least four factors which materially bear upon maintaining appropriate standards of conduct: [45.1] Protecting the public: section 3 of the Act states “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [45.2] Demanding minimum standards of conduct: Dentice v Valuers Registratio...

8. Chen v Loh [2013] NZIACDT 55 (30 August 2013) [pdf, 151 KB]

   ...public interest against Mr Loh’s interests (A v Professional Conduct Committee at [82]). [63] When dealing with integrity issues there is never any certainty that, short of exclusion from a profession, a person will not reoffend. This Tribunal must carefully weigh the circumstances. It is appropriate to place an element of considered trust in a practitioner who has shown the capacity and willingness to rehabilitate. [64] A significant factor in this case is that it involves dishonest...

9. [2019] NZREADT 52 - Grewal (25 November 2019) [pdf, 190 KB]

   ...turn had brought the matter to Mr Grewal’s attention) to the fact that the trust account reconciliations were not correct. [46] The provisions of the Audit Regulations are a fundamental component of the achieving the purposes of the Act of the protection of the interests of consumers and the maintenance of confidence in licensees’ performance of real estate agency work. We find that a breach of the provisions of the Audit Regulations as to certifying the accuracy of the monthly...

10. Appendices (Abortion Supervisory Committee) [pdf, 2.8 MB]

    ...when the licence was issued: (b) In the case of any other institution, the person who is for the time being in charge of the institution, whether or not that person was in charge of it when the licence was issued: hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 Hospital Board: Definition repealed. institution means any hospital, clinic, or other premises in which it is proposed to per...