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Search results

831 items matching your search terms

  1. [2026] NZIACDT 10 - ZM v Yu (18 February 2026) [PDF, 235 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl3a, cl8a, cl8c, cl13a, cl13c, c14, cl18a, cl22, cl24c, cl26e, cl29a / failure to engage with Authority and Tribunal / adviser failed to provide client evidence of being licensed / failed to provide written services agreement / failed to provide invoice / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed / failed to inform client when her licence was suspended and provide a refund / failed to provide Authority client file / complaint upheld / sanctions to follow.
  2. [2026] NZIACDT 08 - EG v Yu (12 February 2026) [PDF, 251 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl14, cl17a, cl17b, cl17c, cl18b, cl22, cl26e / adviser dishonestly informed complainant a visa application had been made and was under assessment by INZ / dishonestly advised complainant that interim visa had been issued and she was not overstaying / filed s 61 request for discretionary visa without instructions / falsely informed complainant only agent could contact INZ regarding application / failed to carry out and acted contrary to complainant’s instructions / failed to explain significant matters in agreement, professional responsibilities owed and complaints procedure / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow
  3. [2026] NZIACDT 07 – RZ v Yu (10 February 2026) [PDF, 270 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl8a, cl8c, cl13a, cl13c, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl24a, cl24c, cl26b, cl26e / adviser dishonestly concealed failure to reply to INZ’s requests for information in response to work visa variation application / concealed decline of initial variation application / lodged second variation application without informing complainant, forging complainant’s signature in attempt to conceal earlier failures to respond to INZ / declined to engage with Authority and Tribunal / failed to send applications for complainant’s review prior to filing / no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow
  4. [2026] NZIACDT 06 – SM v Yu (10 February 2026) [PDF, 262 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl15a, cl17a, cl17b, cl17c, cl18b, cl19c, cl19m, cl19n, cl22, cl26e / adviser dishonestly advised clients that application for visas had been filed and that grant of visas was imminent / adviser filed application five days later / adviser dishonestly withheld draft application and INZ’s letters to conceal misleading conduct / failed to obtain clients’ instructions / declined to engage with Authority and Tribunal / provided no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / failed to respond to INZ’s correspondence seeking information about clients / complaint upheld / sanctions to follow
  5. [2026] NZIACDT 05 - QX v Yu (03 February 2026) [PDF, 274 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2a, cl2e, cl8a, cl8c, cl13a, cl14, cl18a, cl22, cl26a, cl26b, cl26d / adviser dishonestly filed application on behalf of client for tourism or holiday visa rather than work visa sought by client / subsequently provided client a fabricated work visa decline letter from INZ / failed to provide client draft visa application for review / failed to respond to INZ’s request for further information, resulting in declined application / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform complainant of being provisionally licensed and provide evidence of licence / failed to provide services agreement / failed to obtain and carry out client’s instructions, provide timely updates, and provide invoice / failed to maintain well-managed filing system / complaint partially upheld / sanctions to follow
  6. [2026] NZIACDT 04 - ZX v Yu (03 February 2026) [PDF, 272 KB]

    Professional responsibilities and professional practice / dishonesty / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl8a, cl8c, cl13a, cl14, cl18a, cl26e / adviser dishonestly offered residency-qualifying job in exchange for substantial payment / client had already paid significant fees for visa and supposed employment agreement / discussions involved significant staged payments, inflated salary and structured costs to facilitate residence, indicating alleged job‑selling and immigration fraud / adviser knew advice to client was in contravention of immigration and employment legislation / provided no written service agreement / failed to act under direct supervision of supervisor under conditions of provisional licence / failed to inform client of being provisionally licensed and provide evidence of licence / complaint upheld / sanctions to follow
  7. [2026] NZIACDT 03 - XI v Shi & Sun (23 January 2026) [PDF, 370 KB]

    Professional responsibilities and professional practice / rubber stamping / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl12c, cl17b, cl17c, cl18b, cl20a / complaint against adviser and supervisor / complainant did not give evidence / breach of cl1 and cl2e / adviser insufficiently personally engaged with complainant nor sent draft application for review / Tribunal rejects evidence about claimed discussion as untruthful / breach of cl17b and cl18b / did not explain professional responsibilities or significant matters in agreement / breach of 20a / professional fee of ~$7,200 for accredited employer work visa application unfair and unreasonable / uplift for urgency not confirmed with client / uplift for work on holiday, high workload not justified / breach of cl1 / supervisor allowed adviser to charge extravagant fee / complaint not trivial / sanctions to follow.
  8. [2026] NZIACDT 02 - NO v Ellis (15 January 2026) [PDF, 194 KB]

    Sanctions / dviser failed to confirm in writing discussions with client relating to incomplete financial evidence / adviser unprofessionally communicated with tertiary institute following decline of student visa, taking potentially damaging gratuitous ‘swipe’ at client once engagement was terminated / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / two breaches of Code / adviser’s first appearance before Tribunal / low overall gravity of wrongdoing / adviser accepted disciplinary findings and has since introduced improvements in practice to record and confirm material discussions in writing / adviser cautioned and fined $1,000
  9. [2026] NZIACDT 01 - ZQ v Zhuang (14 January 2026) [PDF, 281 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl17b, cl18b, cl28c / alleged that adviser failed to properly explain financial requirements of visas / complainant provided out-of-date bank certificate for funds which no longer existed / evidence demonstrated adviser made considerable effort to explain financial criteria / no breach of cl1 / failed to verbally explain professional responsibilities / written summary insufficient / breaches of cl17b and cl18b / adviser failed to advise where to find assistance following termination / breach of cl28c / adviser engaged in additional work following provision of incorrect information by complainant / no refund warranted / no breach of cl24a and cl24c / complainant impliedly consented to third party knowing reasons for termination / no material breach in disclosure of information / no breach of cl4 / alternative negligence heads dismissed / sanctions to follow.
  10. [2025] NZIACDT 59 – Labour Inspectorate (Gardiner) v Jaspal (19 December 2025) [PDF, 202 KB]

    Sanctions / adviser failed to disclose in writing to client a potential conflict of interest given familial connection to director of sponsor employer / familial connection risked compromising adviser’s ability to provide objective immigration advice / failed to provide written services agreement / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / four breaches of professional obligations / adviser’s failure to have written agreement and to properly disclose conflict and obtain client’s consent to continued representation are not minor matters / gravity of the wrongdoing at lower end of moderate spectrum / adviser’s failure to have agreement inadvertent / first appearance in nine years of practice / adviser has made improvements to practice / adviser censured / no training order required given rehabilitative efforts / adviser fined $2,000 
  11. [2025] NZIACDT 58 - NF v Wilson (9 December 2025) [PDF, 191 KB]

    Sanctions / adviser failed to provide complainant’s police certificate to Immigration NZ in course of lodging visa application / lack of police certificate had significant impact on duration of complainant’s visa / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / three breaches of Code / first complaint against adviser / adviser declined to engage with Tribunal and expressed no remorse or apology / wrongdoing does not justify censure / adviser cautioned / low-level gravity of offending / adviser fined $1,000
  12. [2025] NZIACDT 57 – SH v McGarrigle (4 December 2025) [PDF, 233 KB]

    Sanctions / complainant engaged adviser to seek visa for adult daughter / adviser incorrectly advised complainant that the client was beyond the dependence age and could only apply for a visitor, student or work visa / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / five failures of five professional obligations / wrongdoing involved undisclosed eligibility for commission for acting as school’s agent / incorrect advice for resident visa eligibility had severe consequences for client / lack of diligence and due care / immaterial that complainant did not follow internal complaints procedure / first appearance / adviser has no insight into wrongdoing, no remorse, and offers no apology / adviser censured / no training order required as adviser relinquished licence / $1,500 financial penalty / adviser ordered to pay $9,145.25 in compensation, reflecting visa and tuition fees, and emotional harm to complainant and client 
  13. [2025] NZIACDT 56 – INZ (Watson) v Santos (2 December 2025) [PDF, 204 KB]

    Sanctions / adviser failed to directly communicate or engage with client (‘rubber stamping’), resulting in eight breaches of seven obligations in the Code / four clients involved, three primarily affected / Immigration Advisers Licensing Act 2007, s3, s50, s51 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26aiv, cl26b, cl26d / direct engagement a fundamental obligation of advisers / gravity of wrongdoing at upper end of moderate / adviser acknowledged wrongdoing but no apology offered / high workload no justification for failure to discharge professional obligations / adviser ordered to undergo training / adviser censured / ordered to pay $4,000 financial penalty
  14. [2025] NZIACDT 55 - NA v Wharekura (20 October 2025) [PDF, 125 KB]

    Sanctions / adviser failed to lodge complainant’s work visa application and carelessly represented that it had been filed / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / four heads of complaint involving breach of eight obligations in Code / adviser has acknowledged wrongdoing and made considerable efforts to improve practice / adviser’s medical circumstances provide some explanation but do not justify wrongdoing / third complaint upheld against adviser / adviser censured / no retraining, suspension or cancellation necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $2,281 in compensation, reflecting costs of visitor visa and emotional distress exacerbated by adviser’s misleading behaviour
  15. [2025] NZIACDT 54 - SC v Wharekura (15 October 2025) [PDF, 242 KB]

    Sanctions / widespread failings in communications with client and INZ / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / extensive wrongdoing, resulting in 12 breaches of 16 standards in the Code / moderate gravity of offending / most serious breaches involved grossly inadequate services agreement and failure to comply with client’s instruction to remove partner from residence application / adviser bears responsibility for decline of application notwithstanding INZ’s misapplication of policy / adviser acknowledged wrongdoing and made  considerable efforts to improve practice / adviser censured / no retraining necessary in light of steps taken / adviser fined $2,500 financial penalty / adviser ordered to pay $8,240.44 in compensation, reflecting costs of IPT appeal and relocation.
  16. [2025] NZIACDT 53 - LN v Rabuku (14 October 2025) [PDF, 199 KB]

    Sanctions / adviser failed to respond to client’s text messages and was dilatory in filing visa application / visa application filed more than five months after ascertaining required information / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl22, cl24a, cl24b, cl24c, cl25a, cl25b, cl25e, cl25f, cl26a, cl26c, cl26d, cl26e, cl28a, cl28c / first appearance before Tribunal / adviser held provisional licence at time of wrongdoing / gravity of wrongdoing at high end of moderate level / unprofessional conduct aggravated by her failure to participate in the disciplinary process / breadth of wrongdoing and lack of participation in disciplinary process necessitate further professional training before return to profession / adviser censured / prevented from reapplying for licence prior to completion of professional development course / ordered to pay $5,000 financial penalty
  17. [2025] NZIACDT 52 - SH v McGarrigle (10 October 2025) [PDF, 152 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl5, cl6, cl19l, cl26f / complainant engaged adviser to seek visa for adult daughter / adviser incorrectly advised complainant that the client was beyond the dependence age and could only apply for a visitor, student or work visa / no evidence that client was unwilling to fund more expensive residence application / breach of cl1 / adviser failed to disclose entitlement to commission from private business school and obtain informed consent from complainant in writing / no eventual receipt of commission no defence / breaches of cl5 and cl6 / adviser failed to comply with complainant’s request for full client file / inappropriately required client to complete authority to send request for information to INZ / breaches of cl1 and cl26f / alternative negligence heads dismissed / sanctions to follow
  18. [2025] NZIACDT 51 - NO v Ellis (2 October 2025) [PDF, 257 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl26c / client engaged adviser to seek student visa / INZ declined application as it was not accepted he would be genuine student and his financial documentation was inadequate / evidence did not support allegation that adviser instructed client to create false narrative to explain gap in tertiary studies / dishonest or misleading behaviour not proven / evidence did not support allegation that adviser failed to properly review and update relevant financial documents before filing / adviser had alerted client of issues with documents on multiple occasions / however, adviser failed to confirm in writing discussions with client relating to incomplete financial evidence / breach of cl26c / adviser unprofessionally communicated with tertiary institute following decline of visa / breach of cl1 / complaint partially upheld / sanctions to follow
  19. [2025] NZIACDT 50 - NF v Wilson (22 September 2025) [PDF, 207 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl24a, cl24c / adviser failed to provide complainant’s police certificate to Immigration NZ in course of lodging visa application / lack of police certificate had significant impact on duration of complainant’s visa / breach of obligation to be professional and to exercise due care / adviser failed to promptly make fair and reasonable refund / adviser’s offer to apply for subsequent visa free of any service fee not an adequate solution, in breach of internal complaints procedure / breach compounded by failure to respond to complainant’s refund request within specified time frame / complaint partially upheld / sanctions to follow.
  20. [2025] NZIACDT 49 - CE v Asici (22 September 2025) [PDF, 201 KB]

    Sanctions / adviser provided incorrect information in visa application, resulting from inadequate communication with complainant / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl18b / incorrect information contributed to decline of application though not primary cause of decline / gravity of wrongdoing towards lower end of spectrum / adviser and agency engaging her accepted the Tribunal’s decision and implemented improvements to comply with Tribunal’s ruling prior to issuing its decision / first appearance in six years of practice / isolated instance of wrongdoing / adviser cautioned / censure and training orders not warranted / ordered to pay $500 financial penalty
  21. [2025] NZIACDT 48 - INZ (Watson) v Santos - 15 September 2025 [PDF, 257 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17b, cl18b, cl26aiv, cl26b, cl26d / adviser failed to directly communicate or engage with three clients (‘rubber stamping’) / high workload no justification for failure to discharge professional obligations /  adviser responsible for managing workload to ensure compliance / evident that unlicensed staff had provided substantive immigration advice to clients / adviser failed to explain professional responsibilities / failed to explain all significant provisions in terms of engagement / failed to provide draft visa applications prior to lodgement for review / failed to confirm in writing when applications were lodged and provide timely updates / failed to retain copy of invoices which had been provided to clients / failed to maintain well-managed filing system / complaint partially upheld / sanctions to follow.
  22. [2025] NZIACDT 47 - Labour Insp.Gardiner v Jaspal (11 September 2025) [PDF, 221 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl5, cl6, cl18a, cl20c / adviser failed to disclose in writing to the client a potential conflict of interest given familial connection to director of sponsor employer / familial connection risked compromising adviser’s ability to provide objective immigration advice / no evidence of any hidden benefit from arrangement / adviser failed to provide written services agreement / additional services provided by adviser in respect of employment, accommodation and settlement inextricably linked to immigration services / other services provided subject to professional obligations under Act and Code / no evidence fee charged not fair and reasonable / no agreement in writing to apparent change in terms of payment from those agreed at commencement / complaint partially upheld / sanctions to follow
  23. [2025] NZIACDT 46 - LN v Rabuku (4 September 2025) [PDF, 222 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl22, cl24a, cl24b, cl24c, cl25a, cl25b, cl25e, cl25f, cl26a, cl26c, cl26d, cl26e, cl28a, cl28c / adviser failed to respond to client’s text messages and was dilatory in filing visa application / visa application filed more than five months after ascertaining required information / did not advise client she could no longer act following expiry of provisional licence / proceeded to file application despite expiry of licence / did not provide fair refund upon termination of services / failed to maintain separate client account / appropriated client’s monies, failing to use them only for fulfilment of services while licensed / failed to maintain records / filing system not well-managed / did not confirm all material discussions in writing / corresponding negligence heads dismissed / complaint partially upheld / sanctions to follow
  24. [2025] NZIACDT 45 - NA v Wharekura (2 September 2025) [PDF, 234 KB]

    Professional responsibilities and professional practice / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2e, cl17a, cl17b, cl17c, cl19f, cl19g, cl19h / failure to lodge complainant’s work visa application / failure to provide complainant summary of licensed adviser’s professional responsibilities, nor explain them / failed to advise of internal complaints procedure or provide explanation / acknowledgements in services agreement not separately signed or initialled / adviser’s engagement with spouse can be sufficient compliance / failure to specify fees and disbursements in agreement / lack of professional manner in communications with the complainant and spouse / adviser admits he was negligent or lacked due care, citing travel and health issues / no evidence of dishonesty / communications nonetheless unprofessional / breaches of alternative negligence heads dismissed / complaint partially upheld / sanctions to follow
  25. [2025] NZIACDT 44 – SC v Wharekura (28 August 2025) [PDF, 284 KB]

    Professional responsibilities and professional practice / misleading behaviour / follow instructions / Immigration Advisers Licensing Act 2007, s 442 / Code of Conduct 2014, cl 1, cl2e, cl17a, cl17b, cl17c, cl19e, cl19h, cl19i, cl19k, cl19l, cl19m, cl19n, cl22, cl26aiii, cl26aiv, cl26b, cl26c, cl26d / misled client about seeking reconsideration of declined application / failed to pass on to client, or respond to, requests for information from INZ / failed to provide draft residence application for review / also did not provide decline letter in timely manner or retain all INZ communications on file / failed to follow instruction to remove partner from application / failed to provide or explain professional standards and complaints documents / written services agreement lacked many Code requirements / did not confirm material discussions in writing / did not provide invoice for fees, disbursements / did not maintain well-managed file / complaint partially upheld / sanctions to follow