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

   ...19. BACKGROUND [2] The narrative is set out in the decision of the Tribunal upholding the complaint and will only be briefly summarised here. [3] Ms Petra Walke was a licensed immigration adviser resident in Germany. She surrendered her licence on 3 May 2019, after the Tribunal issued its decision. Mr Hahn, the complainant, is a licensed adviser resident in New Zealand, who also represents German-speaking migrants to New Zealand. [4] Ms Walke’s group of companies operate...

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

   ...dishonesty made against them.” [13] For Mr Loh the submission was made that the complaint was an isolated incident and not part of a body of complaints against Mr Loh. The submission emphasised the importance of suspension or cancellation of a licence and that those sanctions should be reserved for egregious cases. It was submitted that Mr Loh’s case was not one which warranted this type of sanction as Mr Loh provided valuable assistance to many migrants in difficulty and did so “wi...

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

   ...licence [54] Section 51 provides for various sanctions. The key options short of cancellation or suspension of a licence are punishments intended to effect deterrence; namely censure, and financial penalties not exceeding $10,000. [55] In relation to licences there are three options: [55.1] cancellation and a direction that the person may not apply for a licence for up to two years (s 51(d) & (e)); or [55.2] suspension (s 51(c)); or [55.3] cancellation of a full licence and th...

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

   ...dishonesty made against them.” [13] For Mr Loh the submission was made that the complaint was an isolated incident and not part of a body of complaints against Mr Loh. The submission emphasised the importance of suspension or cancellation of a licence and that those sanctions should be reserved for egregious cases. It was submitted that Mr Loh’s case was not one which warranted this type of sanction as Mr Loh provided valuable assistance to many migrants in difficulty and did so “wi...

5. Mr G v REAA Registrar [2013] NZREADT 15 [pdf, 66 KB]

   ...APPEARANCES Mr P McDonald and Ms K McHugh for the applicant Mr L J Clancy counsel for the respondent DECISION OF THE TRIBUNAL Introduction [1] The Registrar of the Real Estate Agents Authority has refused to grant a salesperson’s licence to Mr G. Mr G seeks a review of that decision. The issue for the Tribunal today is whether in the circumstances of this case Mr G should be granted a licence. The Real Estate Agents Authority declined the application because Mr G rec...

6. Wiezoreck v McHugh [2013] NZIACDT 49 (9 August 2013) [pdf, 128 KB]

   ...licence [31] Section 51 provides for various sanctions. The key options short of cancellation or suspension of a licence are punishments intended to effect deterrence, namely censure, and financial penalties not exceeding $10,000. [32] In relation to licences there are three options: [32.1] cancellation and a direction that the person may not apply for a licence for up to two years; [32.2] suspension; or [32.3] cancellation of a full licence and the holder of the licence permitted...

7. Choudhary v Smith [2015] NZIACDT 98 (10 December 2015) [pdf, 137 KB]

   ...complaint and Mr Smith’s failure to deal properly with the complaints. The Registrar’s position on sanctions [10] The Registrar, prior to being informed of Mr Smith’s illness, took the view the appropriate sanction was to cancel Mr Smith’s licence, and prohibit him from reapplying for a licence for two years (the statutory maximum). She took the view that if the Tribunal prohibits Mr Smith from practising, then rather than a financial penalty the focus should be on compensation...

8. Hettige & Gerreyn v Smith [2015] NZIACDT 99 (10 December 2015) [pdf, 137 KB]

   ...complaint and Mr Smith’s failure to deal properly with the complaints. The Registrar’s position on sanctions [10] The Registrar, prior to being informed of Mr Smith’s illness, took the view the appropriate sanction was to cancel Mr Smith’s licence, and prohibit him from reapplying for a licence for two years (the statutory maximum). She took the view that if the Tribunal prohibits Mr Smith from practising, then rather than a financial penalty the focus should be on compensation...

9. Allen v Smith [2015] NZIACDT 97 (10 December 2015) [pdf, 137 KB]

   ...complaint and Mr Smith’s failure to deal properly with the complaints. The Registrar’s position on sanctions [10] The Registrar, prior to being informed of Mr Smith’s illness, took the view the appropriate sanction was to cancel Mr Smith’s licence, and prohibit him from reapplying for a licence for two years (the statutory maximum). She took the view that if the Tribunal prohibits Mr Smith from practising, then rather than a financial penalty the focus should be on compensation...

10. February v Smith [2015] NZIACDT 100 (10 December 2015) [pdf, 137 KB]

    ...complaint and Mr Smith’s failure to deal properly with the complaints. The Registrar’s position on sanctions [10] The Registrar, prior to being informed of Mr Smith’s illness, took the view the appropriate sanction was to cancel Mr Smith’s licence, and prohibit him from reapplying for a licence for two years (the statutory maximum). She took the view that if the Tribunal prohibits Mr Smith from practising, then rather than a financial penalty the focus should be on compensation...