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...proved against a licensee, and on appeals against findings of unsatisfactory conduct made by a Complaints Assessment Committee. All penalty orders included an order for the licensee to be censured. Three orders included an order for the licensee’s licence to be suspended, and four orders included an order for the licensee’s licence to be cancelled.
...received. Mr Grewal did not appear at the hearing, when it was called in the District Court at Auckland on 19 November 2019. Accordingly, the hearing proceeded by way of formal proof. Background facts [6] Mr Grewal has held a salesperson’s licence since August 2009. [7] He was the sole director and shareholder of Preet & Co Real Estate Limited (“the Agency”). Between 2012 and 2017, Preet & Co acquired ten Harcourts franchises in the South Auckland area. As requir...
...claim are apartments, flats or units that are intended to have as their principal use occupation as a private residence. Other than the fact that the units are within a retirement village, and that the right to reside in them is by virtue of a licence to occupy, there is little other difference between these units and units within other multi-unit complexes. The units within the Grace Joel Retirement Village are therefore dwellinghouses within the definition of the 3 Act unle...
...The facts [9] Given Ms Chen’s position, it is only necessary to consider why she did not have a written agreement. The essential facts were that Ms Chen understood her client had an agreement with a company, which did not and could not hold a licence as a licensed immigration adviser. Ms Chen provided contractual services to the company, and she thought she did not have an obligation in relation to an agreement with her client. [10] After the complaint, she obtained legal advice, cor...
...Code. The complaint [6] The Registrar filed a statement of complaint, she put forward the following background as the basis for the complaint: [6.1] Ms Tangilanu became a licensed immigration adviser in September 2010. She held a provisional licence. Prior to that time, she had lawfully provided immigration services to the complainants and their family as there was no requirement to have a licence when she gave the advice. [6.2] The events that give rise to the complaint commenced i...
...conduct. Mr She defended the three charges against him and we found him guilty on one charge of misconduct (charge 4 set out below) and on one charge of unsatisfactory conduct. [2] From at least 19 December 2014 both those defendants have had their licences as real estate salespersons suspended. Some aspects of the substantive case were rather involved and we have covered them in much detail in our said substantive decision but, for present purposes, we set out some of our findings u...
...second aspect of the ground of complaint identified by the Registrar relates to potential breaches of cls 26(c) and 26(e) of the Code, in relation to file management. There are two dimensions, the first is in relation to cl 26(c), which requires a licenced immigration adviser to confirm in writing to the client the details of all material discussions with the client. The second is that a licenced 6 immigration adviser pursuant to s 26(e) must maintain a client file for a...
...the issue was, for them, urgent. That was because Mr Liddle’s entitlement was about to change due to his age. [14.4] Mr Standing failed to lodge a visa application, and has not explained or justified this failure. [14.5] Mr Standing had his licence cancelled by this Tribunal with effect from 15 August 2011. He has not refunded the fees that were not earned, and has failed to account for client funds. [14.6] On 17 August 2011, Mr Standing wrote a generic letter which was received...
...10056 v Ferguson [2013] NZREADT 30; Morton- Jones v The Real Estate Agents Authority [2016] NZHC 1804, at [128]; and Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1, at [97]. [b] order cancellation of the licensee’s licence, or suspension for a period not exceeding 24 months; [c] order an individual licensee to pay a fine of up to $15,000; [d] (if it appears to the Tribunal that any person has suffered loss by reason of the licensee’s conduct) o...
...confirmed in writing. [4] The agreement provided that Mr Harvey was “guaranteed” residence, on certain terms, and if that did not happen he would get a refund of fees. [5] The payment was made in June 2011, and in August 2011 Mr Standing had his licence cancelled by this Tribunal. He had provided no services to Mr Harvey. [6] Mr Harvey made inquiries and ascertained he was not likely to qualify for residence in New Zealand, and believes that Mr Standing misrepresented his ability...