December 2025 webinar summary
Our December 2025 webinar reviewed key compliance obligations and themes from 2025 Tribunal decisions. The session focused on written agreements, confidentiality, conflicts of interest, sanctions, and emerging conduct trends.
Written agreements
Written agreements are still a common area of non‑compliance. Clauses 18 and 19 of the Code of Conduct require that:
- a written agreement is provided when the adviser and client decide to proceed (18(a))
- significant matters are explained before the client accepts the agreement (18(b))
- all parties sign or confirm acceptance in writing (18(c))
- any changes are recorded and accepted in writing (18(d))
- the agreement includes mandatory content such as services, fees, disbursements, payment terms, refund policy, conflicts of interest, and other information required under Clause 19.
Common issues include:
- vague or generic service descriptions
- missing or unclear disbursement and payment information
- agreements provided after work is completed
Tribunal decisions continue to reinforce that template statements (for example, “all significant matters were explained”) carry limited weight without evidence of actual explanation.
Case references:
SC v Wharekura [2025] NZIACDT 44 [PDF 284KB](external link)
JY v Wen [2025] NZIACDT 08 [PDF 175KB](external link)
ZJ v Liu [2025] NZIACDT 01 [PDF 158KB](external link)
INZ v Tran [2024] NZIACDT 27 [PDF 230KB](external link)
LB v Luv [2024] NZIACDT 17 [PDF 295KB](external link)
Confidentiality
Confidentiality protects a client’s privacy. You must maintain your client’s confidentiality both while you are working for the client and after your engagement ends. Clause 4 of the Code of Conduct requires that:
- client confidentiality is preserved, and information is disclosed only with written consent or where required for a complaint, administration of the Act, or by law (4(a))
- employees or support staff also maintain confidentiality (4(b)).
Key reminders:
- Written consent is required before sharing information with employers, recruiters, interpreters, or other third parties.
- Confidentiality obligations continue beyond the end of the engagement.
- Common issues include updating employers instead of clients and using group chats that include personal information.
Tribunal decisions show that sharing information through an unlicensed agent without written consent is a breach, no matter the adviser’s intent.
Case reference:
Conflicts of interest
Conflicts of interest can happen when an adviser’s personal, financial, or professional interests get in the way of giving objective advice. The Code of Conduct requires that:
- advisers disclose conflicts in writing (Clause 5)
- conflicts are recorded in the written agreement (Clause 19(l))
- advisers obtain written consent before acting (Clause 6)
- advisers stop representing the client if objectivity, trust, or confidentiality cannot be maintained (Clause 7).
Tribunal cases highlighted risk areas such as dual representation, family links to employers, commissions, and the involvement of unlicensed agents.
Case references:
Labour Insp. Gardiner v Jaspal [2025] NZIACDT 47 [PDF 221KB](external link)
Higher penalties
Common sanctions in 2025 included:
- censure
- financial penalties (generally $500–$10,000)
- refunds or compensation
- training orders for systemic or repeated issues.
Lower end penalties generally related to administrative lapses.
Moderate penalties involved missing agreements, inadequate records, or undisclosed conflicts.
Higher penalties were given for dishonesty or ‘rubber stamping’.
Tribunal trends: emerging patterns
Key themes from 2025 decisions include:
- reliance on unlicensed agents (‘rubber stamping’)
- limited direct engagement with clients
- failure to provide updates directly to clients
- incomplete documentation and record keeping (for example, missing files or communications)
These trends show why it is important to have direct oversight, transparent communication, and maintaining comprehensive records.
Question from the December webinar
Question: Please confirm whether the agreement must be executed by all parties (including the Principal Applicant (PA) and any Secondary Applicant (SA)), or whether execution by the PA alone is sufficient.
Further, please advise whether each page of the agreement is required to be initialled, or whether it is sufficient for the parties to sign the jurat/execution clause only.
Answer: You must have a written agreement with all clients - whether principal or secondary applicant. This reflects Clause 18 of the Code of Conduct, which requires advisers to:
- provide the client with a written agreement when they and the client decide to proceed (18(a))
- explain all significant matters in the written agreement before the client accepts it (18(b))
- ensure all parties to the written agreement sign it, or confirm in writing that they accept it (18(c)).
The Tribunal has previously indicated that key clauses included within a written agreement, such as the conflicts of interest clause, may need to be individually initialled.