[2019] NZIACDT 81, NLT v Coetzee (Kelly Dee Coetzee)

“Failure to enter written agreement with client / failure to advise complainant could not lawfully work as independent contractor in New Zealand / employer & complainant originally signed employment agreement / agreement approved by INZ & work visa issued / addendum to agreement stated complainant employed as a contractor & complainant worked as one / adviser advised complainant could still get residence as a contractor / INZ told adviser complainant needed to remain an employee for work visa / complainant continued working as a contractor & was issued with deportation notice / Code of Conduct 2014, cl1, cl 18a / Immigration Advisers Licensing Act 2007, s442 / lack of due care / no written agreement with complainant / adviser did not make clear complainant could not work as a contractor without INZ’s approval / adviser should have sought advice from INZ earlier if uncertain about instructions / no evidence of dishonesty /adviser admitted advice erroneous / complaint upheld.”