The Immigration Advisers Licensing Act 2007 requires that anyone providing onshore immigration advice is licensed, unless exempt, from 4 May 2009.
All onshore immigration advisers need to be licensed by the Immigration Advisers Authority by 4 May 2009. All offshore immigration advisers need to be licensed by 4 May 2010. To view the Register of licensed immigration advisers, go to www.iaa.govt.nz.
Who is exempt?
The following individuals are exempt from the requirement to be licensed.
People providing informal/family advice
A person is exempt if they provided immigration advice in an informal or family context only, where the advice was not provided systematically or for a fee.
MPs and their staff
A person is exempt if they are a New Zealand member of Parliament or a member of their staff who provided immigration advice as part of their employment agreement.
Foreign diplomats or consular staff
A person is exempt if they are a foreign diplomat or consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971.
New Zealand public servants
A person is exempt if they are an employee of the New Zealand public service who provided immigration advice within the scope of their employment agreement.
Lawyers
A person is exempt if they are a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand.
New Zealand community law centre employees
A person is exempt if they are employed by or working as a volunteer for a New Zealand community law centre where at least one lawyer is on the employing body of the community law centre or is employed by or working as a volunteer for the community law centre in a supervisory capacity.
Citizens Advice Bureau employees and volunteers
A person is exempt if they are a person employed by or working as a volunteer for a New Zealand citizens advice bureau.
Offshore advice relating to student applications
A person is exempt if they provide immigration advice offshore in relation to applications or potential applications for student visas or student permits only.