[2019] NZIACDT 11, Zhang & Cao v Chen (Shu Chen)

“Sanctions decision / incompetence / adviser failed to compile & file entrepreneur work & residence visa applications / complainants purchased motel but contract for sale lapsed / complainants provided business plan but plan never finalised / applications envisaged never made & complainants suffered significant loss / Immigration Advisers Licensing Act 2007, s50, s51 / censure & training justified by level of adviser’s incompetence / incompetence not sufficient to prevent re-licensing / no other instances of incompetence / adviser acknowledged wrongdoing & offered refund / adviser not primary or real cause of complainants’ losses / Parliament only intended modest awards of compensation / unreasonable for complainants to rely on adviser solely for investment advice / adviser censured, ordered to complete training, pay penalty of $3000 & $17,500 refund of fees, plus any interest earned on $17,500.”