Recent Tribunal decisions — February 2026
The Immigration Advisers Complaints and Disciplinary Tribunal has recently released 5 sanction decisions in relation to 5 advisers.
NO v Ellis [2026] NZIACDT 02
The Tribunal found that Mr Ellis breached clauses 1 and 26 (c) of the Code of Conduct for the following conduct:
- Failed to confirm in writing to the client discussions about filing incomplete financial evidence, in breach of cl 26(c).
- Blamed the client for the decline and communicated unprofessionally with Unitech regarding the client, in breach of cl 1.
Mr Ellis was cautioned and ordered to pay $1,000 to the Registrar within one month of the decision.
Labour Inspectorate (Gardiner) v Jaspal [2025] NZIACDT 59
The Tribunal found that Mr Jaspal breached clauses 5, 6, 18(a), and 20 (c) of the Code of Conduct for the following conduct:
- Failed to disclose in writing to the client the potential or actual conflict, in breach of cl 5.
- Failed to obtain from the client written consent to continued representation of him in circumstances where Mr Jaspal was aware of an actual or potential conflict of interest, in breach of cl 6.
- Failed to provide the client with a written agreement, in breach of cl 18(a).
- Failed to inform the client of any additional fees or changes to previously agreed fees, and ensure these were recorded and agreed in writing, in breach of cl 20(c).
Mr Jaspal was censured and ordered to pay $2,000 to the Registrar within one month of the decision.
Labour Inspectorate (Gardiner) v Jaspal [2025] NZIACDT 59 [PDF 202KB](external link)
NF v Wilson [2025] NZIACDT 58
The Tribunal found that Ms Wilson breached clauses 1, 15(b), 24(a) and (c) of the Code of Conduct for the following conduct:
- Failed to ensure the police certificate was uploaded with the application, in breach of cl 1.
- Failed to consider a refund, in breach of cl 24(a) and (c).
- Failed to follow her own internal complaints procedure, in breach of cl 15(b).
Ms Wilson was cautioned and ordered to pay $1,000 to the Registrar within one month of the decision.
SH v McGarrigle [2025] NZIACDT 57
The Tribunal found that Ms McGarrigle breached clauses 1, 5, 6, 19(l) and 26(f) of the Code of Conduct for the following conduct:
- Failed to correctly and diligently advise the complainant about the potential residence pathway, in breach of cl 1.
- Failed to include the conflict of interest in the services agreement, in breach of cl 19(l).
- Failed to disclose the conflict of interest to the complainant or obtain her written consent to continued representation, in breach of cls 5 and 6.
- Failed to release to the complainant when requested all applications lodged and correspondence, in breach of cl 26(f).
- Failed to deal with the complainant’s client file request in a professional manner, in breach of cl 1.
Ms McGarrigle was censured and ordered to pay $1,500 to the Registrar and to pay $9,145.25 to the complainant within one month of the decision.
SH v McGarrigle [2025] NZIACDT 57 [PDF 233KB](external link)
INZ (Watson) v Santos [2025] NZIACDT 56
The Tribunal found that Mr Santos breached clauses 1, 2(e), 17(b), 18(b), 26(a)(iv), (b) and (d) of the Code of Conduct for the following conduct:
- Failed to engage with MN, KQ and BN to obtain their instructions, in breach of cls 1 and 2(e).
- Failed to explain his professional responsibilities to MN, KQ and BN, in breach of cl 17(b).
- Failed to explain all significant matters in the written agreement to MN, KQ and BN, in breach of cl 18(b).
- Failed to provide to MN, KQ and BN an opportunity to review their visa applications before being lodged, in breach of cl 1.
- Failed to confirm in writing to MN, KQ and BN when their applications were lodged and to make timely updates, in breach of cl 26(b).
- Failed to include invoices in the files for each client provided to the Authority, in breach of cl 26(a)(iv) and failed to maintain a well-managed filing system, in breach of cl 26(d).
Mr Santos was censured. He was ordered to enrol in LAWS 7015 at Toi Ohomai Institute of Technology at the next available intake and pass the course. He must also pay $4,000 to the Registrar within one month of the decision.
INZ (Watson) v Santos [2025] NZIACDT 56 [PDF 204KB](external link)
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Tribunal decisions(external link) — Ministry of Justice