[2024] NZIACDT 22, QN v Nandan (Rupika Nandan)

“Conflict of interest and professional practice / Code of Conduct 2014, cl18a, cl26aiii, cl26b, cl26d, cl26e, cl26f, cl29a, cl31a / HELD / Tribunal declined Registrar to cross-examine adviser in complainant’s absence / dishonesty and withholding information complaints cannot be sustained without complainant’s evidence, dismissed / disciplinary threshold / breach of cl26b but does not warrant disciplinary action / client knew of visa decision regardless / breach of cl18, cl26aiii, cl26d & cl26e but does not warrant disciplinary action / inadequate response to Registrar explained (not excused) by inadequate file and being overseas; inadequate file itself and lack of written agreement explained (not excused) by relationship with client (employee and friend) / breach of cl5 & cl6 by acting for employee without disclosure in writing and written consent / complaint partially upheld”