Search Results

1. [2012] NZEmpC 185 Yang v L E Builders Ltd [pdf, 165 KB]

   ...apparently filled in and the reference to the payment of withholding tax. 2 [9] The Chief Judge ordered that the declaration form be subject to forensic examination on the plaintiff’s application. A report was provided by the Document Examination Section of the New Zealand Police. The report supports Mr Yang’s concerns that someone else inserted the text complained about in the form, 3 and supports his evidence that he did not fill in the form (other than his signature) and...

2. Complaints Assessment Committee 409 v Ganesh [2018] NZREADT 27 [pdf, 195 KB]

   ...consistency in penalties imposed for similar conduct, in similar circumstances. The Tribunal should impose the least 5 Refer paragraph [[113]. 6 At paragraph [114]. 7 At paragraph [119]. 8 Section 3(1) of the Act. 9 Section 3(2). punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.10 [20] Section 110(2) of the Act sets out the ord...

3. [2020] NZREADT 49 - Hammond v The Real Estate Agents Authority (12 October 2020) [pdf, 255 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2020] NZREADT 49 READT 002/20 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN TERESA and BRIAN HAMMOND Appellants AND THE REAL ESTATE AGENTS AUTHORITY (CAC 520) First Respondent AND SONIA TAFILIPEPE Second Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms C Sandelin, Member...

4. KIT v Zhu [2019] NZIACDT 34 (20 May 2019) [pdf, 176 KB]

   ...Tribunal are set out in the Act.5 The focus of professional disciplinary proceedings is not punishment but the protection of the public.6 1 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 2 Section 49(3) & (4). 3 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 5 Section 51(1). 6 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [128...

5. CAC 416 v Prasad [2019] NZREADT 17 - Penalty [pdf, 202 KB]

   ...imposed for similar conduct, in similar circumstances. The Tribunal should impose the least punitive penalty that is appropriate in the circumstances. While there is an element of punishment, rehabilitation is an important consideration.7 [11] Section 110(2) of the Act sets out the orders the Tribunal may make by way of penalty. As may be relevant to the present case the Tribunal may: [a] Make any of the orders that a Complaints Assessment Committee may impose under s 93 of the...

6. [2021] NZIACDT 13 - TI v Malcolm (8 June 2021) [pdf, 220 KB]

   ...in its discretion request further information or any person to appear before the Tribunal.2 It has been established to deal relatively summarily with complaints referred to it.3 1 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 2 Section 49(3) & (4). 3 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 7 [27] After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action or uphold it and i...

7. [2019] NZEmpC 103 Saipe v Bethell [pdf, 252 KB]

   ...of the Act; thus, the Authority did not have jurisdiction to consider the employment relationship problem. [3] This application is opposed by Mr Saipe on the basis that, analysed properly, the Court must conclude there was compliance with the section, and there is accordingly jurisdiction. [4] Mr Saipe also filed an application under s 219 of the Act, seeking an order extending the three-year time limitation period if necessary. This was met with the obvious objection that the C...

8. Cations v The Real Estate Agents Authority (CAC 403) [2018] NZREADT 66 [pdf, 244 KB]

   BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2018] NZREADT 66 READT 037/18 IN THE MATTER OF An appeal under section 111 of the Real Estate Agents Act 2008 BETWEEN DEAN CATIONS Appellant AND THE REAL ESTATE AGENTS AUTHORITY (CAC 403) First Respondent On the papers Tribunal: Hon P J Andrews, Chairperson Mr G Denley, Member Ms N Dangen, Member Submissions received from: Mr Cations Ms A Davies, on behalf o...

9. [2020] NZIACDT 8 - GQ v Ramos (10 February 2020) [pdf, 123 KB]

   ...After hearing a complaint, the Tribunal may dismiss it, uphold it but take no further action or uphold it and impose one or more sanctions.4 1 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 2 Section 49(3) & (4). 3 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 4 Section 50. 6 [25] The sanctions that may be imposed by the Tribunal are set out in the Act.5 The focus of prof...

10. [2022] NZIACDT 21 - CT v Nandan (18 August 2022) [pdf, 215 KB]

    ...provisions of the Code: General 1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner. 3 Immigration Advisers Licensing Act 2007, s 45(2) & (3). 4 Section 49(3) & (4). 5 Sparks v Immigration Advisers Complaints and Disciplinary Tribunal [2017] NZHC 376 at [93]. 6 Section 50. 7 Section 51(1). 8 Z v Dental Complaints Assessment Committee [2008] NZSC 55, [2009] 1 NZLR 1 at [97], [12...