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1. What happens next

   ...decisions the tribunal could make If a complaint or appeal is upheld against an immigration adviser, the Immigration Advisers Complaints & Disciplinary Tribunal can: caution or censure the adviser require the adviser to undertake training suspend their licence cancel their licence make an order to prevent the adviser from reapplying for a licence for up to 2 years or until certain conditions are met pay a penalty up to $10,000 pay costs repay fees or expenses to the person who complained o...

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   4. Make an appeal

2. Moncur v Deng [2010] NZIACDT 1 (16 December 2010) [pdf, 74 KB]

   ...“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 un...

3. Somlu v Prakash [2014] NZIACDT 106 (02 October 2014) [pdf, 122 KB]

   ...member of the profession practising well (B v B [1993] BCL 1093; HC Auckland HC4/92, 6 April 1993). 3 Two complaints [8] This complaint is one of two. In relation to another, unrelated complaint, the Tribunal cancelled Mr Prakash’s licence and issued an order prohibiting him from applying for a licence for a period. Neither of the two present matters is serious enough to justify the Tribunal exercising the power under section 51 of the Act to impose a further period durin...

4. Lomu v Tangilanu [2014] NZIACDT 42 (31 March 2014) [pdf, 73 KB]

   ...breach of clause 1.1 of the Code of Conduct – obligations relating to care diligence and respect. The particulars are: [5.1.1] The Adviser had instructions to apply for a visa on 4 January 2011, but did not lodge the application. [5.1.2] When her licence expired on 23 September 2011, she had not lodged the application. [5.1.3] The Adviser failed to perform the services agreed, carryout her instructions, and then failed to ensure the Complainant’s interests were protected after her...

5. Information for Police if application made for Protection Order [pdf, 250 KB]

   ...form. This document is filed by: Name  Address for service If filed by lawyers: Name of acting lawyer  Contact number  PAGE 3Information for Police if application made for Protection OrderV2 November 2021 PAGE 3 Information about firearms licence and weapons RESPONDENT 1. Does the respondent have a firearms licence?  Yes  No  Unknown 2. Does the respondent have access to a weapon? – at home  Yes  No  Unknown – at work (eg, sporting goods shop)  Yes  No �...

6. CAC10063 v Raj [2013] NZREADT 52 [pdf, 56 KB]

   ...prosecution is. 4.42 To this end, the defendant seeks the Tribunal properly take into account information it has in its possession to apportion compensation accordingly.” [11] Mr Barron-Afeaki accepted that the defendant’s real estate agent’s licence was previously suspended for two years from 20 November 2007 for conduct which also involved non-disclosure of sales to related parties and on-sales. [12] There seemed to be no dispute that the defendant ceased working as a real...

7. Hewitt v Standing [2012] NZIACDT 50 (30 August 2012) [pdf, 126 KB]

   ...[Living New Zealand Limited] to act on his/her behalf with regard to [Mr Hewitt’s] application for Permanent Residency of New Zealand.” [10] Mr Standing was a party to the agreement, and identified as a licensed immigration adviser, with his licence number. [11] The agreement said there would be total fees, including fees to be paid to third parties, of $7,900 (excluding GST). The fee was to be paid in two instalments of $3,950. The first instalment was paid on 5 May 2011, follow...

8. CAC20003 v Cooper [2013] NZREADT 11 [pdf, 59 KB]

   ...very heart of the duties of a real estate agent as set out in the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009.” Had the defendant not been in liquidation and ceased trading, we would have made an order cancelling its licence. [10] In CAC v N [2012] NZREAD18 the defendant made transfers of funds totalling $76,650 to her personal bank account from the trading and trust accounts of a real estate company of which she was director and 50 per cent shareholder....

9. O v I [2018] NZIACDT 23 (18 June 2018) [pdf, 231 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...

10. [2021] NZIACDT 7 - IMH v Marica (22 March 2021) [pdf, 218 KB]

    ...visa had expired the previous day. Accordingly, she sent an urgent email to Mr Gimranov and the office manager stating that it was imperative that a s 61 request be lodged.2 However, no such application was prepared. [12] Mr Gimranov’s licence was then cancelled by the Authority on 15 September 2016 and Ms Marica returned to New Zealand on about 19 September. [13] The complainant sent a number of emails to Ms Marica and Mr Gimranov enquiring as to progress on the visa appl...