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A18 Immigration adviser acting on behalf of an applicant

Immigration Advisers Licensing Act 2007 s9

No immigration application or request put forward on behalf of another person by an unlicensed immigration adviser may be accepted, unless the immigration adviser is exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007.

A18.1 Persons exempt from licensing

Immigration Advisers Licensing Act 2007 s11

The following persons are exempt from the requirement to be licensed under the Immigration Advisers Licensing Act 2007:

  1. a person who provides immigration advice in an informal or family context only, where the advice is not provided systematically or for a fee;
  2. a Member of Parliament or their staff who provides immigration advice as part of their employment agreement;
  3. 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;
  4. an employee of the New Zealand public service who provides immigration advice within the scope of their employment agreement;
  5. a lawyer who holds a current practising certificate as a barrister or as a barrister and solicitor of the High Court of New Zealand;
  6. a person 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;
  7. a person employed by or working as a volunteer for a New Zealand citizens advice bureau; and
  8. a person who provided immigration advice offshore in relation to applications or potential applications for student visas or student permits only.

A18.5 Definition of ‘immigration adviser’

Immigration Advisers Licensing Act 2007 ss 5 and 7

Immigration adviser means a person who provides immigration advice. Immigration advice:

  1. means using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist, or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward; but
  2. does not include:
    1. providing information that is publicly available, or that is prepared or made available by the Department; or
    2. directing a person to the Minister or the Department, or to an immigration officer, a visa officer, or a refugee status officer (within the meaning of the Immigration Act 1987), or to a list of licensed immigration advisers; or
    3. carrying out clerical work, translation or interpreting services, or settlement services.

An immigration adviser can act as an agent on behalf of their immigration client.

Note: ‘Agent’ means any individual authorised to act on behalf of the applicant or registrant or sponsor or employer. It includes, but is not limited to, lawyers, consultants and representatives.

Effective 04/05/2009

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