2015-Oct 30: Who needs to complete INZ1160 Immigration Adviser Details form

Visa Pak 234 - Information about who needs to complete INZ1160 Immigration Adviser Details form and relevant sections required to be completed.

Visa Paks

30 October 2015

Who needs to complete INZ1160 Immigration Adviser Details form

The Auckland District Law Society – Immigration and Refugee Law Committee has lodged a complaint with Operations Support indicating that Immigration New Zealand (INZ) is insisting that lawyers complete sections D and E of the INZ1160 Immigration Adviser Details form when the applicant is changing their immigration adviser, presumably from a Licensed Immigration Adviser to a lawyer. It is claimed this is occurring even though a lawyer with a current practicing certificate has advised us in writing on their letter-head that they are acting for the applicant.

Section 11 of the Immigration Advisers Act 2007 (the Act), as reflected in the INZ Operational Manual at A18(1)(e), provides that a lawyer who holds a current practicing certificate as a barrister or barrister and solicitor of the High Court of New Zealand is exempt from the requirement to be licensed under the Act.

In addition, para 8 of IAC 09-09 and para 2 of IAC 08-04 reinforce that if a lawyer states they represent a person, INZ will accept this, and that New Zealand based lawyers holding a current practicing certificate issued by one of New Zealand’s 14 District Law Societies do not require written authority to act.

IAC 09-09 PDF 1MB

IAC 08-04 PDF 357KB

If previous advice to staff ‘Audit of Exempt Immigration Advisers’ or ‘Multiple Immigration Advisers’ has given staff the impression that lawyers must complete sections D and E of INZ1160 Immigration Adviser Details form, the advice below prevails.

If a lawyer with a current practicing certificate issued by one of New Zealand’s 14 District Law Societies has advised us in writing on their letterhead that they are acting for the applicant then that is all that is required and completion of INZ1160 is not required.

Action
Please discuss with your team(s) and ensure the above advice is followed.