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1. Complaints Assessment Committee 408 v Reed [2017] NZREADT 34 [pdf, 160 KB]

   ...[4] In late June 2014, the Whittys decided to sell the property. The rateable value of it was $1.1 million. The Whittys obtained a registered valuer’s market valuation for the property, of $1.3 million. [5] Mr Reed holds a branch manager’s licence and is employed by Vining Realty Group Ltd, trading as Bayleys Nelson (“the Agency”). On 10 July 2014 the Whittys signed an agency contract pursuant to which the Agency had a sole agency until 30 September 2014. A six-week mark...

2. M v I [2018] NZIACDT 17 (18 June 2018) [pdf, 213 KB]

   ...some other professions manage cases like this one. [3] I will take Mr I’s situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out t...

3. N v I [2018] NZIACDT 19 (18 June 2018) [pdf, 213 KB]

   ...some other professions manage cases like this one. [3] I will take Mr I’s situation into account when deciding the complaint. He is not able to understand the complaint due to his health; family members have been cooperative, but they are not licenced immigration advisers. I am dealing with the complaint without any response from Mr I, but this is not due to any fault on his part. [4] The Registrar, as the Tribunal’s rules require, issued a notice of complaint. It sets out t...

4. CAC 413 v Marr [2019] NZREADT 28 - Penalty (1 July 2019) [pdf, 201 KB]

   ...[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]. [c] Order cancellation or suspension of the licensee’s licence; [17] In determining the appropriate penalty for misconduct, the nature of the misconduct will be considered along with other factors. In Hart v Auckland Standards Committee 1 of The New Zealand Law Society (in relation to a lawyer)...

5. KBN v Wharekura [2019] NZIACDT 80 (9 December 2019) [pdf, 126 KB]

   ...Immigration Advisers Code of Conduct 2014 (the Code). Mr Wharekura admits his misconduct. BACKGROUND [3] Mr Wharekura is a licensed immigration adviser. He is a director of NZ Educational and Training Services Limited, based in Rotorua. His licence was suspended by the Tribunal on 26 September 2019 as a result of the matters giving rise to this complaint.1 [4] The complainant is a foreign national who has been working in New Zealand since 2015 on temporary work visas. He is...

6. Gemmell v Phillips - Mohaka A4B (2023) 103 Takitimu MB129 (103 TKT 129) [pdf, 264 KB]

   ...tīmatanga Introduction [1] The Mohaka A4B block is 526.296 hectares in area and is located on the East Coast of the North Island, between Napier and Wairoa. It is managed by the Mohaka A4B Trust. There are four trustees.1 They have granted a licence over part of the block to generate income for approximately 57 beneficial owners. There is a problem. They say that the block is used by Bessie Phillips, Padre Phillips and the Patolu Trust (“the respondents”) so as to preven...

7. OIA-119799.pdf [pdf, 4.2 MB]

   ...Private Investigators Act 2010 (PSPPI Act) was passed to improve the occupational regulation of the private security industry. Under the PSPPI Act, organisations and individuals who want to provide security services must be licenced and certified. Licences and certificates are issued with class endorsements. Relevantly to the retail context, one of the classes is ‘property guard’, which we refer to in this briefing as ‘security guard’.7 Further information is set out in Appendix 1....

8. OIA-120238.pdf [pdf, 4.2 MB]

   ...Private Investigators Act 2010 (PSPPI Act) was passed to improve the occupational regulation of the private security industry. Under the PSPPI Act, organisations and individuals who want to provide security services must be licenced and certified. Licences and certificates are issued with class endorsements. Relevantly to the retail context, one of the classes is ‘property guard’, which we refer to in this briefing as ‘security guard’.7 Further information is set out in Appendix 1....

9. IACDT Annual Report 2013 [pdf, 269 KB]

   ...uphold the complaint but take no further action; or uphold the complaint and impose one or more sanctions. The Tribunal also deals with appeals against decisions made by the IAA. These may relate to: a decision of the Registrar to cancel the licence of an immigration adviser; or a determination of the Registrar to reject a complaint against a licensed immigration adviser. MEMBERSHIP The Tribunal currently consists of the Chair, Grant Pearson. Mr Pearson is the inaugur...

10. Lim v Gu-Chang [2015] NZIACDT 3 (26 January 2015) [pdf, 162 KB]

    ...Rehabilitation: it is important, when practicable, to have the practitioner continue as a member of the profession practising well (B v B [1993] BCL 1093; HC Auckland HC4/92, 6 April 1993). [8] Protecting the public Ms Gu-Chang has previously had her licence revoked due to the dishonest exploitation of a vulnerable client. On its own, this complaint would result in a less severe sanction as it does not involve a finding of dishonesty. I do not consider it appropriate to set the penalty i...