[2023] NZIACDT 5 — SM v KIM

Immigration Advisers Complaints and Disciplinary Tribunal · decided 15 February 2023

The tribunal's published summary

Adviser failed to set out a full description of the services to be provided & the fees for those services in a written agreement / Immigration Advisers Licensing Act 2007, s7, s442, s50, s51 / Code of Conduct 2014, cl19e, cl19f, cl20a, cl22 / Immigration New Zealand (Calder) v Cleland [2019] NZIACDT 25 / HELD / adviser provided immigration advice and employment recruitment services to complainant in parallel without separation / in the absence of separation, the adviser’s professional obligations extend to the recruitment services / breach of cl19e and cl19f for failing to include description of recruitment services and associated fee information in written agreement / invoice provided did not contain a full description of recruitment services, but would not warrant disciplinary action / complainant’s narrative that recruitment services were not provided is rejected as false / complaint fee not fair and reasonable dismissed as no evidence provided of a reasonable fee

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.