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1. L v Kim [2015] NZIACDT 73 (04 June 2015) [pdf, 147 KB]

   ...Mr Kim and Mr Brian Lee are directors of that company. [3.2] The complainant discussed his immigration situation with Mr Lee, believing he was a licensed immigration adviser. Mr Lee is not a licensed immigration adviser, or exempt from holding a licence. The complainant had overstayed his visa in the United States of America (USA), been arrested and granted voluntary departure. He told Mr Lee of this history. [3.3] Mr Lee advised the complainant regarding his arrest for overstaying his...

2. Li 12 November 2014 NZSHD 12 [pdf, 28 KB]

   ...convictions recorded against Mr JI XIANG LI and which have been revealed pursuant to the check under the Act relate to the same Mr JI XIANG LI who has applied for the renewal of his certificate number 760745. The full name, date of birth and driver’s licence details are identical on Mr Li’s application form and on the list of criminal convictions. [15] The Authority notes in particular that two of the convictions recorded against Mr Li on 21 July 2014 are for the offence of Receiving...

3. Hala 17 November 2016 NZSHD 5 [pdf, 76 KB]

   ...therefore satisfied Mr Hala can be trusted to comply with his obligations as a secondhand dealer under Part 3 of the Act. I note that my decision may have been different if Mr Hala was not working under close supervision or had been applying for a licence to operate his own business rather than a certificate. Conclusion [9] I conclude that the Police have failed to establish that Mr Hala is not a fit and proper person to hold a certificate. The Police opposition to Mr Hala’s cert...

4. Minute of the Court dated 27 August 2018 [pdf, 1.3 MB]

   ...even internationally significant. We express tentative surprise if the future of the vessel were to be endangered in the interests of enabling a temporary activity (Base B). Is this issue not larger than a commercial deal, the current occupation licence? Might it not be relevant under s6(f) RMA? Is berthage for, and public access to, this heritage vessel, less important than providing 17 superyacht berths in the vicinity during AC36? We will have many more questions for the parties...

5. S v Xue [2015] NZIACDT 58 (15 May 2015) [pdf, 188 KB]

   ...were dishonest as they had attempted to mislead Immigration New Zealand. The purpose of the advertisement was to promote Ms Xue’s practice. [10] If Ms Xue had published that advertisement, there could be little doubt the Tribunal would cancel her licence, impose the maximum period of disqualification, and apply a high monetary penalty. What occurred is one of the most egregious breaches of the professional standards imposed by the Act, which has come before the Tribunal. [11] However,...

6. Infringement governance guidelines [pdf, 84 KB]

   ...filing a charging document or an infringement notice. If a defendant is found guilty of, or pleads guilty to, the offence, the Court cannot convict them, but may order that they pay such fine and costs, or make any such order (such as driver 4 licence demerit points), as they would if convicting the defendant of the offence (section 375 of the Criminal Procedure Act 2011). 17. If a defendant sends the prosecuting agency a notice requesting a hearing they may either challenge...

7. BORA Psychoactive Substances Bill [pdf, 334 KB]

   ...residential premises.[15] Inspection and audit of manufacturing facilities 10. The Bill proposes that authorised officers may, without warrant, inspect and audit facilities at which psychoactive substances are manufactured, to determine whether licence conditions and the code of manufacturing practice are being complied with. They may seize documents; inspect the contents of containers and packages; collect evidence; and take, test and analyse samples of any psychoactive substances...

8. TSO v Hassan [2013] NZIACDT 62 (18 September 2013) [pdf, 69 KB]

   ...completing it. [16] The relevant training covers essential matters, which every licensed immigration adviser must understand and apply. Mr Hassan will have a period of 18 months to complete the training successfully, and if he does not do so, his licence will be cancelled pursuant to section 51(4) of the Act. [17] It is also appropriate to impose a financial penalty, which should be significant, as there was a wholly unjustified decision on Mr Hassan’s part to ignore the requirements...

9. Yasin & Nawaz v Hammadieh [2014] NZIACDT 71 (23 June 2014) [pdf, 156 KB]

   ...complainants went to the adviser’s practice and engaged with a person who was not a licensed immigration adviser. The agreement they signed said the adviser would carry out the immigration work. He was the only person in the practice who held a licence. [2] The complainants did not have the necessary educational qualifications to be eligible to migrate to New Zealand under the skilled migrant category. However, the person they first engaged with in the adviser’s practice did not tell...

10. ARLA - Form 1 Infringement notice [docx, 18 KB]

    ...Supply of Alcohol Act 2012/section 38C of the Summary Offences Act 1981* *Delete one. Notice no: Issuing officer: [s or number] Address for correspondence and queries: To Full legal name: Full address: Occupation: Date of birth: Sex: Telephone No: Licence number (if applicable): Manager’s certificate number (if applicable): Alleged infringement offence(s) details Date: Time: Day of week: Details of premises or specific location where alleged infringement offence committed: Street/road: Tow...