[2020] NZIACDT 15, KBN v Wharekura - Sanctions

“Sanctions decision / dishonest & misleading behaviour / adviser’s licence suspended / adviser initially suggested seeking special direction / adviser provided falsified emails from Associate Minister’s office / adviser believed special direction would not be successful & never made request / Immigration Advisers Licensing Act 2007, s50, s51 / misconduct serious but an isolated incident / no systemic dishonesty / adviser did not benefit from fraud / no prejudice to complainant as likelihood of success negligible / adviser immediately admitted wrongdoing, made an early apology & advised complainant of complaint process / adviser refunded fee & reimbursed legal expenses / cancellation sanction of last resort / no risk to public of repeat of misconduct / dishonesty at lower end of spectrum / adviser censured, suspended for 9 months & ordered to pay $6,500 penalty.”