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1. CAC20009 v Li [2015] NZREADT 48 [pdf, 212 KB]

   ...2007-404-1818; Lang J; 13/8/07 7 11.4 Where appropriate, rehabilitation of the agent must be considered – see B v B3. [9] The facts illustrate such a serious breach of the obligations of an agent that suspension or cancellation of Mr Li’s licence is an appropriate penalty. Counsel for Mr Li recognised this. Suspension or Cancellation? 2. The Courts have provided some guidance to the Tribunal in other professional regulatory bodies. In Patel v Dentists Disciplinar...

2. [2021] NZIACDT 9 - SL v Mackintosh (5 May 2021) [pdf, 227 KB]

   ...51 Disciplinary sanctions (1) The sanctions that the Tribunal may impose are— (a) caution or censure: (b) a requirement to undertake specified training or otherwise remedy any deficiency within a specified period: (c) suspension of licence for the unexpired period of the licence, or until the person meets specified conditions: (d) cancellation of licence: (e) an order preventing the person from reapplying for a licence for a period not exceeding 2 years, or until the...

3. [2021] NZACC 1 - Sharma v ACC (5 January 2021) [pdf, 244 KB]

   ...confirmed that Ms Sharma had been employed as a real estate salesperson there to 31 March 2014. Ms Lamb stated: Due to her deteriorating medical condition and her inability to continue to work full time she suspended her Real Estate REAA salesperson licence in April 2014. The said licence was cancelled permanently thereafter since her heart condition continued to deterioration. [25] On 29 June 2018, a general practitioner (GP), Dr Janan Mansour, advised: She [Ms Sharma] was worki...

4. NT v Parker [2019] NZIACDT 71 (16 October 2019) Sanctions [pdf, 186 KB]

   ...demur. Mr Parker has already taken steps to avoid falling into the same error and is focused on ensuring that his clients contact him directly. His communications with them are well documented. Two of his staff have now secured provisional adviser licences which reduces the pressure on him to rely on his wife to communicate with those for whom English is not their native language. [22] The decision to file the expression without securing the complainant’s explicit understandi...

5. [2020] NZIACDT 41 - TBE v Proudman (30 September 2020) [pdf, 243 KB]

   ...Immigration New Zealand had declined the daughter’s visa at the time of the agency’s decision and deliberately withheld it from the complainant. BACKGROUND [4] At the relevant time, Ms Proudman was a provisionally licensed adviser, her licence having been issued on 21 October 2016. She obtained a full licence on 21 October 2018, after the events giving rise to the complaint. Ms Proudman was an employee of Fragomen Global Pty Limited (Fragomen) of Auckland. Her licence expir...

6. Varela v Devi [2014] NZIACDT 30 (19 March 2014) [pdf, 163 KB]

   ...overlook the significance of the adviser’s role. The general thrust of the submissions is that the adviser did not have responsibility beyond being a “voluntary worker”. Whereas, her own admissions indicate that she was the sole person holding a licence in the immigration practice. [14.4] Licensed immigration advisers have professional duties to their clients imposed by the Act, and where the Tribunal upholds a complaint, advisers personally face sanctions including orders for re...

7. Thwaites v Barnett - Harataunga East 2B 2B 1 (2019) 174 Waikato Maniapoto MB 233 (174 WMN 233) [pdf, 333 KB]

   ...235 [6] The application notes that there are six existing houses on the block. These belong to Cameron Hunter (for his lifetime),3 Bevan Hunter, Manu Harrison and Hana Barnett, with two belonging to Ms Thwaites. The Court records show that a licence to occupy was granted in 1991 for a house site in favour of Hana Barnett, Ruka Keremeneta and Raymond Kere- meneta, for a term of 30 years or for the lifetime of the licensees.4 At the same time, a tripartite deed was also executed...

8. IACDT - A Complainant's Guide to Proceedings [pdf, 439 KB]

   ...impose any or all of the following sanctions on the adviser (section 51): 27.2.1. Caution or censure, 27.2.2. A requirement to undertake specified training or otherwise remedy any deficiency within a specified period, 27.2.3. Suspension of licence for the unexpired period of the licence, or until the adviser meets specified conditions, 27.2.4. Cancellation of licence, 27.2.5. An order preventing the adviser from reapplying for a licence for a period not exceeding 2 years, or...

9. [2024] NZIACDT 03 – MT v Murthy (11 January 2024) [pdf, 160 KB]

   ...the future. Complaint referred to Tribunal [15] On 14 November 2023, the Registrar referred the complaint against Ms Murthy to the Tribunal alleging breaches of the specified provisions of the Code: (1) Failed to ensure Erik Murthy’s name and licence number were written in the service contract, in breach of cl 19(a). (2) Failed to include payment terms and conditions in the service contract, in breach of cl 19(i). (3) Failed to ensure the refund clause in the service contract...

10. CAC 10012 v Khan [2011] NZREADT 11 [pdf, 145 KB]

    ...commission of $20,362.50 to Ray White. Ms Khan received approximately $8,880 of this. He complained to Ray White in September 2008 and then complained to the REINZ. In February 2009 he said he was advised that Ms Khan no longer had a Real Estate Licence. He reinstituted his complaint again in October 2009 when he saw a REMAX sign outside his neighbour’s property advertising the property for sale with Ms Khan as agent. [8] Lise-Marie Aoese then gave evidence. She told the...