How immigration advice is regulated
Immigration advice is regulated by legislation, and overseen by a licensing authority and a registrar.
Legislation
The Immigration Advisers Licensing Act (2007) (the Act) aims to protect consumers and enhance New Zealand’s reputation as a destination for people from overseas to visit, work and live. The Act requires anyone giving advice about New Zealand immigration matters to be licensed or exempt from licensing.
Immigration Advisers Licensing Act 2007 – New Zealand legislation
The Immigration Advisers Licensing Regulations (2008) support the Act and provide for a range of licensing fees, including an immigration adviser’s levy.
Immigration Advisers Licensing Regulations 2008 – New Zealand legislation
The Act established the:
- Immigration Advisers Authority (IAA)
- Registrar of Immigration Advisers
- Immigration Advisers Complaints and Disciplinary Tribunal.
The Immigration Advisers Authority
The Immigration Advisers Authority (IAA) uses competency standards and a code of conduct to set and monitor standards for licensed immigration advisers (LIAs).
The Registrar of Immigration Advisers
The Registrar makes decisions to license immigration advisers, and deals with complaints against LIAs.
The Immigration Advisers Complaints and Disciplinary Tribunal
The Tribunal deals with complaints referred by the Registrar and hears appeals about licensing decisions. It can make decisions like cancelling an adviser’s licence or ordering an adviser to refund their fees.
Immigration Advisers Complaints and Disciplinary Tribunal – Ministry of Justice
Enforcement and penalties
IAA enforcement tools
The IAA uses a range of tools to make sure licensed advisers meet their obligations under the Act and the Code of Conduct. The IAA promotes self-resolution as the first step in any complaints process, and raises issues directly with the industry where necessary. The IAA also:
- seeks to raise awareness of key issues through its website and publications
- contacts advisers directly to work through potential non-compliance issues
- sends warning or information letters to educate advisers
- inspects an adviser’s premises and gathers information if it suspects non-compliance
- refuses to renew an adviser’s licence if they do not meet competency standards
- refers complaints to the Immigration Advisers Complaints and Disciplinary Tribunal.
Penalties for giving unlicensed advice
It’s an offence, under the Act, for an adviser to provide immigration advice unless licensed or exempt from licensing, or to receive money for giving unlicensed immigration advice. Both offences carry fines of up to $100,000 and/or up to 7 years in prison.
Anyone who falsely claims to be an immigration adviser, or a licensed immigration adviser can face fines of up to NZ $10,000 and/or up to 2 years in prison.
It is also an offence to employ an unlicensed or non-exempt immigration adviser. Anyone who employs or contracts an adviser who is unlicensed, or not exempt, to give advice can face fines of up to NZ $10,000 and/or up to 2 years in prison.
Other offences
Other offences under the Act include an adviser:
- providing false or misleading information to the IAA, when apply for, or renewing a licence
- preventing the Registrar from entering the adviser's premises
- failing to notify the Registrar of a change in their circumstances
These offences all have fines of up to $10,000.
Keeping your details up to date
As an adviser, you should make sure that your details are correct on the register of licensed immigration advisers. If you do not appear on the register and are not exempt, Immigration New Zealand will return your clients' applications. We will also contact the Registrar of Immigration Advisers.