immigrationadviser.co.nz

[2020] NZIACDT 46ZG v Parker

Immigration Advisers Complaints and Disciplinary Tribunal · decided 19 October 2020

The tribunal's published summary

Rubber stamping / permitting unlicensed employees to perform immigration work / complainant dealt with adviser’s wife & unlicensed staff on immigration matters / conflict of interest / adviser a former director of complainant’s employer & still did work for it / employer controlled by adviser’s father-in-law / Code of Conduct 2014, cl1, cl2a, cl2e, cl3c, cl7a / Immigration Advisers Licensing Act 2007, s44 / business structure not set up to rely on unlicensed persons / adviser met & personally communicated with complainant / adviser unprofessional in relying on unlicensed persons to communicate with complainant / adviser failed to personally obtain instructions / adviser’s relationship to employer gave rise to actual conflict / adviser unable to provide objective advice & should have declined to act / disclosure of conflict & client’s consent does not absolve adviser from compliance with Code / complaint upheld.

Read the full decision (PDF, Ministry of Justice)

This page reproduces the tribunal's own published summary as a fair report of public tribunal proceedings; the linked decision is the authoritative record. A decision is not itself a finding of wrongdoing — some complaints are dismissed. Complainants are anonymised by the tribunal. Complaints about advisers go to the Immigration Advisers Authority.