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1. 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....

2. 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...

3. [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...

4. CAC403 v Mansell [2019] NZREADT 38 (22 August 2019) [pdf, 266 KB]

   ...finding of unsatisfactory conduct (these include censuring or reprimanding the licensee, and ordering the licensee to undergo training or education); [b] Impose a fine of up to $15,000; [c] Order cancellation or suspension of the licensee’s licence; 1 Section 3(1) of the Act. 2 Section 3(2). 3 See Complaints Assessment Committee 10056 v Ferguson [2013] NZREADT 30, Morton- Jones v The Real Estate Agents Authority [2016] NZHC 18...

5. [2023] NZREADT 13 - CAC v Sun (9 June 2023) [pdf, 160 KB]

   ...background facts are set out in the Tribunal’s substantive decision and are summarised below. [3] At the time of the relevant events, Ms Sun was a licensed salesperson under the Act working at [Real estate company]. Ms Sun voluntarily surrendered her licence on 25 October 2018 and is currently residing overseas. [4] In 2014, [Property development company] applied to [council] to subdivide a property into 15 lots (the subdivision). Each of the lots, to which this proceeding relat...

6. CAC20003 v Sue [2015] NZREADT 87 [pdf, 180 KB]

   ...significant concern to us and reflects adversely on his fitness to conduct real estate agency work. We agree. [18] Ms Earl submits that conduct of this nature, involving as it does mismanagement of client monies, warrants suspension of the defendant’s licence and, in the particular circumstances of this case, suspension for a period of three months would be appropriate to denounce the conduct involved. She observes that, in contrast to the situation where a licensee works exclusivel...

7. CAC 10007 v Wallace - Penalty Decision [2012] NZREADT 70 [pdf, 40 KB]

   ...similar cases: Aitken v Real Estate Agents Licensing Board HC Christchurch AP 130/96, 6 September 1996 at 12.” 6 [28] The Tribunal was satisfied that the conduct warrants consideration of cancellation or suspension of the defendant’s licence, but took into account the context of the offending, namely a bitter and private matrimonial dispute. Further, the forgeries were not directly connected with his real estate work. The end sentence was one of suspension for 12 months....

8. Kumar v Lepcha [2011] NZIACDT 3 (27 January 2011) [pdf, 75 KB]

   ...Though there is no indication any other licensed immigration adviser was involved in the present matter. [14.2] B & L Associates Ltd and Kingsland had respectively Mr Donald Han, and his wife Mrs Kathy Hou as directors. [14.3] Because he held a licence as an immigration adviser the Adviser was “directed by the director of the company to represent certain student applications”, including one by the Complainant. [14.4] Another marketer named “Naresh” and Mr Han would discuss...

9. Singh v Devi [2011] NZIACDT 22 (7 July 2011) [pdf, 103 KB]

   ...things the Adviser would not condone, and should not be responsible for. General comments: [10.14] When the Complainant first lodged her application, offshore advisers could operate without being licensed. [10.15] The Adviser’s New Zealand licence “should not be impeached” on the basis of what was occurring in Fiji. [10.16] The Adviser was not licensed at the time. [10.17] The Adviser would investigate the possibility of the former staff member refunding fees. Decision...

10. Kartikeya v Fernyhough [2014] NZIACDT 79 (09 September 2014) [pdf, 187 KB]

    ...complainant and her husband attended the adviser’s office. They had the name of a person working there. The signs at the premises indicated it was the practice of Mr Fernyhough, a licensed immigration adviser, and he displayed an enlarged copy of his licence in the reception area. [2.2] A core element of the services the complainant and her husband sought related to immigration. [2.3] The complainant and her husband understood they were dealing with Mr Fernyhough’s practice, but an...