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  • If you want to search for a specific section of the Immigration Advisers Licensing Act 2007 or clause of the Code of Conduct 2014, you must search it as one word with no spaces or brackets. For example, if searching for section 44(2)(a) of the Act, you should enter ‘s442a’ into the keyword search and if searching for clause 19(k) of the Code of Conduct, you should enter ‘cl19k’.

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Search results

755 items matching your search terms

  1. Khan (Appeal) [2019] NZIACDT 43 (24 June 2019) [PDF, 147 KB]

    Appeal against registrar’s decision not to pursue complaint / application for entrepreneur work visa / appellant paid adviser to assist cousin with application / business plan not completed / refusal to refund fees / fabrication  of emails and service agreement / registrar found business plan not provided because cousin did not respond to requests for further information / adviser found to have undertaken a reasonable amount of work / no evidence of fabrication / Code of Conduct 2014, cl1 / Immigration Advisers Licensing Act 2007, s442, s451, s54 / no evidence of impropriety by adviser / adviser understood on reasonable grounds that cousin was his client / cousin made no complaint against adviser / evidence did not disclose any wrongdoing / appeal rejected.
  2. Shadforth (Appeal) [2019] NZIACDT 42 (20 June 2019) [PDF, 176 KB]

    Appeal against registrar’s decision not to pursue complaint / dispute between two competing professionals who had acted for same client / allegation adviser misrepresented client’s character issues to INZ and unlicensed employees provided immigration advice / client issued with deportation notice / client’s passport name not full name / client’s passport name used to obtain overseas police certificate / certificate produced to INZ disclosed no convictions / client arrested overseas but not convicted / alleged unlicensed employee advised client to omit middle name / Immigration Advisers Licensing Act 2007, s442, s451, s54 / insufficient evidence of misleading conduct / no evidence employee’s advice went beyond “clerical work” / advice did not cross threshold warranting disciplinary action / “clerical work” could involve direct dealings with clients / allegations did not warrant referring complaint to Tribunal / threshold as to gravity not met / appeal rejected.
  3. INZ (Calder) v Shearer [2019] NZIACDT 41 (19 June 2019) [PDF, 286 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 / unlicensed staff performed immigration work on adviser’s behalf / adviser did not have a written agreement directly with clients / adviser had no meaningful engagement with clients / Code of Conduct 2014, cl1, cl2e, cl3c, cl10b, cl18a, cl26b, cl26e / Immigration Advisers Licensing Act 2007, s7, s442, s50 and s51 / adviser found to be negligent and incompetent / high level of negligence / adviser did not understand who client was / standard of care not dependent on experience / complaint upheld.
  6. INZ (Calder) v Cleland [2019] NZIACDT 38 (10 June 2019) [PDF, 158 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Cleland [2019] NZIADCT 25 / allowing unlicensed  person to give immigration advice / rubber stamping / failed to explain the agreement to clients / agreement did not describe the services to be provided / failed to advise clients of application status / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e, cl19f and cl26b / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / adviser’s actions serious / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / adviser censured / s511b / required to complete training / s511f / fined
  7. EQE v ICQ [2019] NZIACDT 37 (6 June 2019) [PDF, 189 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / essential skills work visa application / whether failure to provide written agreement to client / whether full description of services / whether unlicensed staff providing immigration services / rubber stamping / whether failure to assess client’s visa eligibility / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl22, cl3c, cl18a, cl26b and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / complaint dismissed.
  8. HES v Parekh [2019] NZIACDT 36 (29 May 2019 [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / partnership and cultural marriage visitor visa applications / failure to provide written agreement to client / failure to provide appropriate advice / failure to keep notes of meetings / negligence / s442a and s442e of the Act  / breach of Code of Conduct 2014, cl1, cl18a, cl19a and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / immigration adviser not named / adviser failed to take due care in assessing complainant’s circumstances / failed to keep records of advice given / adviser negligent  / complaint upheld.
  9. INZ Calder v Ahmed [2019] NZIACDT 35 (23 May 2019) sanctions [PDF, 161 KB]

    Sanctions decision / complaint upheld by Tribunal / Immigration New Zealand (Calder) v Ahmed [2019] NZIADCT 18 / allowing unlicensed  person to give immigration advice / rubber stamping / Code of Conduct 2014, cl1, cl2e and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / adviser did have involvement with clients / misunderstanding of “clerical work” exception / Immigration New Zealand (Foley) v Niland [2019] NZIACDT 16 / s511a / advisor censured / s511b / required to complete training / s511f / fined
  10. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [PDF, 176 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / student and visitor visa applications / failure to provide written agreement to client / adviser did not engage with client / adviser did not keep complete file notes / s442e of the Act  / breach of Code of Conduct 2014, cl1, cl2e, cl18a, cl26aiii and cl26c / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / unlicensed staff processed application / adviser did not personally obtain client’s instructions / no written agreement / adviser failed to keep file notes / complaint upheld.
  11. MG v Hu [2019] NZIACDT 33 (17 May 2019) [PDF, 118 KB]

    Sanctions decision / complaint upheld by Tribunal / MG v Hu [2019] NZIACDT 20 / long term business vis / conflict of interest / advisor acted for vendor of business and client / party to providing false information to Immigration New Zealand (INZ) / Code of Conduct 2014, cl11b / cl15a and cl3a / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auclkand CVI-2007-404-1818, 13 August 2007 / advisor accepts responsibility for breaches of the Code of Conduct / further breaches unlikely / advisor has taken steps to ensure compliance with obligations/ s51a / advisor cautioned.
  12. Hahn v Walke [2019] NZIACDT 32 (14 May 2019) Sanctions [PDF, 238 KB]

    Sanctions decision / complaint upheld by Tribunal / Hahn v Walke [2019] NZIADCT 19 / seminars / allowing unlicensed  person to give immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor’s actions serious / s511a / advisor censured / s511e / prohibited from reapplying for licence  for two years / required to complete training before reapplying for licence / s511f / fined
  13. Abellera v Elizabeth [2019] NZIACDT 31 (13 May 2019) [PDF, 94 KB]

    Final decision / complaint upheld by Tribunal / interim decision Abellera v Elizabeth [2017] NZIACDT 17 / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / failure to issue refund / demand to withdraw complaint in exchange for refund / Code of Conduct 2014, cl1, cl19e cl24a and cl24e / adviser apologised and accepted responsibility / refund issued / no further sanction appropriate / complaint upheld.
  14. Suresh v Elizabeth [2019] NZIACDT 30 (10 May 2019) [PDF, 197 KB]

    Rubber stamping / breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / failure to tailor written agreement to client / delays in preparing EOI / lack of refund policy / failure to refund / s442a of the Act  / negligence / Code of Conduct 2014, cl1, cl3c, cl19e, cl19k and cl24 / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / adviser did not have any involvement with file / unlicensed staff processed application / obligations cannot be delegated / agreement not tailored to client’s circumstances  / delay in preparing EOI unreasonable and negligent / advisor failed to offer a fair and reasonable refund / complaint upheld
  15. Singh v Patel [2019] NZIACDT 29 (9 May 2019) [PDF, 98 KB]

    Sanctions decision / complaint upheld by Tribunal / Singh v Patel [2019] NZIADCT 17 / failed to make a record of meetings and discussions with client / failed to confirm material discussions in writing / Code of Conduct 2014, cl26aiii and cl26c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / advisor aware of need to improve file management / advisor has taken steps to ensure compliance with obligations / s50b / no further sanctions are warranted
  16. Van Zyl v McNeil [2019] NZIACDT 27 (8 May 2019) [PDF, 109 KB]

    Immigration adviser in breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / four heads of complaint alleged / misleading or dishonest conduct / s442d of the Act / failure to pay refund promised / failure to maintain all communications in required manner / failure to provide written communications for inspection / Code of Conduct 2014, cl24b & cl24c, cl26aiii and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / insufficient evidence of dishonest or misleading conduct / adviser failed to promptly provide promised refund / adviser breached written agreement with complainant / sufficient record of communications with clients existed / complaint upheld.
  17. WQ v Emberson [2019] NZIACDT 28 (8 May 2019) [PDF, 186 KB]

    Breach of professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / delays in lodging EOI and communicating with complainant / failure to maintain and make available client file for inspection / s571c of the Act  / lack of professionalism, due care and diligence / Code of Conduct 2014, cl1 and cl26e / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / EOI lodgement delays resulted in complainant missing automatic selection / communication delays were unreasonable / client file retained by adviser’s former employer / adviser must make reasonable efforts to obtain file / Jiang v Immigration Advisers Complaints and Disciplinary Tribunal [2018] NZHC 3152 / file was that of the firm and not the adviser / advisers obligation under cl26e to provide file to Authority must be consistent with s571c / complaint upheld.
  18. GZ v Ke (Luke) Lu [2019] NZIACDT 26 (6 May 2019) [PDF, 113 KB]

    Sanctions decision / complaint upheld by Tribunal / GZ v Lu [2019] NZIADCT 15 / rubber stamping / adviser allowed unlicensed people to provide immigration advice / Code of Conduct 2014, cl1 and cl3c / HELD / Immigration Advisers Licensing Act 2007, s50 and s51 / power to award sanctions / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / Dentice v Valuers Registration Board [1992] 1 NZLR 720 (HC) / Liston v Director of Proceedings [2018] NZHC 2981 / professional disciplinary proceedings focused on protection of the public and profession, not punishment / Patel v Complaints Assessment Committee HC Auckland CIV-2007-404-1818, 13 August 2007 / issues of punishment and deterrence also considered / adviser’s actions were isolated and at lower end of disciplinary spectrum / acts not intentional / adviser was proactive in resolving complaint and correcting business practices / adviser cautioned / additional (online) training ordered.
  19. INZ (Calder) v Cleland [2019] NZIACDT 25 (3 May 2019) [PDF, 252 KB]

    Rubber stamping / six heads of complaint relating to 12 clients / Immigration adviser’s business practice contrary to professional obligations and Immigration Advisers Licensing Act 2007 (the Act) / s7 and s5 of the Act / Code of Conduct 2014, cl1, cl2e, cl3c, cl18b, cl19e & cl19f and cl26b / Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 / Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 / lack of professionalism and due care / failure to engage with clients / unlicensed staff providing immigration advice, not just clerical work / significant matters in agreement not discussed with clients / full description of services and fees not specified in agreement / failure to provide ongoing timely updates to clients on immigration applications / complaint upheld.
  20. Shihaku v Mizoguchi [2019] NZIACDT 24 (24 April 2019) [PDF, 169 KB]

    Failure to properly manage refund of fee / unprofessional negotiations / no signed agreement of confirmed acceptance / complainant cancelled services & requested refund / adviser insisted on full & final settlement condition before paying refund / Code of Conduct 2014, cl1, cl18c, cl 24c / Immigration Advisers Licensing Act 2007, s442 / previous complaints upheld by Tribunal / Tribunal’s statutory authority cannot be ousted by agreement between the parties / registrar’s views on protection of public carries considerable weight in Tribunal / adviser acknowledged breaches in joint statement with registrar which Tribunal accepted / conduct stemmed from lack of understanding of professional obligations / adviser undertaking training & improved systems & processes / complaint upheld / adviser prevented from applying for any form of licence other than provisional licence for 12 months following completion of training / adviser censured & ordered to pay balance of fee to complainant.
  21. INZ (Calder) v Horan [2019] NZIACDT 23 (23 April 2019) [PDF, 163 KB]

    Sanctions decision / unprofessional & disrespectful communications with INZ / adviser made personal attacks against individual officers / adviser withheld information from client / adviser copied unconnected people in confidential client correspondence / Immigration Advisers Licensing Act 2007, s50, s51 / government agencies should not be unduly sensitive to criticism / communications crossed disciplinary threshold but not at upper end of unprofessional communications or malicious / withholding information isolated incident & did not cause decline of application / adviser refused to get clients’ consent to copy other people in correspondence / potential violations aggravated by contempt of code & disciplinary regime / adviser censured & ordered to pay $2,500 penalty.
  23. MZ v Sun [2019] NZIACDT 21 (15 April 2019) [PDF, 119 KB]

    Sanctions decision / rubber stamping / all communications made via Chinese migration company / staff work not clerical work / bulk of complainant’s instructions carried out by company / Immigration Advisers Licensing Act 2007, s50, s51 / second complaint upheld / adviser already prohibited from licence for two years / misconduct serious / adviser enabled unlicensed persons to provide immigration advice & failed to personally discharge immigration services / violation not wilful / adviser believed Chinese law did not permit him to engage with complainant / adviser wrongly believed staff were performing permitted clerical work / adviser retired & licence expired / adviser censured & prevented from reapplying for licence for two years.
  24. MG v Jean Xiujing Hu [2019] NZIACDT 20 (10 April 2019) [PDF, 152 KB]

    Failure to engage with client / failure to deal with conflict of interest appropriately / long term business visa / complainant (client) purchaser of a business / adviser did not deal directly with complainant / adviser relied on vendor of business to be an intermediary / information provided in business proposal inaccurate / adviser sent emotional text to complainant after complaint made / Immigration Advisers Licensing Act 2007, s442 / Code of Conduct 2014, cl1, cl2, cl3, cl6 / clear conflict of interest but no breach of cl6 / vendor an agent but not a client / adviser accepted instructions from conflicted intermediary but lack of due care & professionalism not part of complaint so no breach / lack of engagement with client cannot be excused by client consent / obligation to engage with client cannot be waived / adviser’s key failure accepting an intermediary & not personally engaging with complainant / text unprofessional but did not cross disciplinary threshold / complaint upheld.
  25. Hahn v Walke [2019] NZIACDT 19 (8 April 2019) [PDF, 306 KB]

    Facilitating unlicensed person to give unlawful immigration advice / adviser ran seminars overseas providing information on immigration criteria in New Zealand / speaker at seminars not licensed / complaint made by another adviser that seminars contained incorrect information / Code of Conduct 2014, cl1, cl3c, cl29 / Immigration Advisers Licensing Act 2007, s442 / no evidence adviser’s strategy for clients not viable / motive of complainant irrelevant / immigration advice given by unlicensed person / irrelevant that speaker licensed in Germany to give advice about New Zealand immigration / adviser endorsed strategy & seminars traded on adviser being licensed in New Zealand / adviser facilitated speaker’s behaviour / complaint upheld.