Who can give immigration advice
Anyone who gives advice on New Zealand immigration matters must be licensed or exempt from licensing. There are significant penalties for giving advice without a licence.
Before you give advice
To give advice on New Zealand immigration matters you must be licensed to do so, or 'exempt' from licensing (not required to be licensed). This applies whether the advice is direct or indirect, and whether or not the advice is paid for.
Immigration matters could include:
- choosing the right visa
- completing a visa application
- settling into New Zealand life
- assessing whether it is worth appealing a decision to decline a visa application
- assessing the options for people who are in New Zealand unlawfully.
When information becomes advice
Information becomes 'advice' when you use your knowledge and experience to direct or assist another person in regard to an immigration matter. If you are doing this, you must be licensed or exempt from licensing.
To become a licensed immigration adviser, you must both:
- complete an approved qualification or entry courses, or be registered as a migration agent in Australia
- apply to the Immigration Adviser’s Authority (IAA) for a licence.
Graduate Diploma in New Zealand Immigration Advice – Te Pūkenga
When information is not 'giving advice'
You are not considered to be giving immigration advice if you:
- provide information that is publicly available, or is from the Ministry of Business, Innovation & Employment — for example, generic information from this website
- submit an application on behalf of someone else, but are using only information provided by the applicant
- tell someone to get advice from someone who can legally provide it — for example, a list of licensed immigration advisers
- are an employee of a licensed immigration adviser or lawyer and you carry out clerical work for them — for example, filing documents, data entry
- provide translation or interpreting services
- help migrants settle into New Zealand community life — for example, finding a school or a home.
Regulations and licensing
Immigration advice is regulated by the Immigration Advisers Licensing Act 2007 (the Act). The Act established the IAA and the Registrar of Immigration Advisers, which oversee the licensing of advisers in New Zealand.
Licensed immigration advisers
Licensed immigration advisers (LIAs) must:
- be honest, professional and respectful
- provide ongoing, timely updates
- charge fees that are fair and reasonable
- meet competency standards and follow a Code of Conduct set by the IAA.
Find out more about licensed immigration advisers on the IAA website.
Licensed Immigration Adviser Register - IAA
Find out more about the regulations, and how they are enforced.
Lawyers who hold current practising certificates as a barrister, and barristers and solicitors of the High Court of New Zealand are exempt. This also includes employees of lawyers and incorporated law firms.
New Zealand Community Law Centre employees and volunteers are exempt as long as there is one or more lawyer on its employing body or supervising its work.
Employees and volunteers of a New Zealand Citizens Advice Bureau are exempt.
Anyone who gives immigration advice about student visa applications outside of New Zealand is exempt.
New Zealand Members of Parliament and members of their staff are exempt if it’s part of their employment agreement to provide immigration advice.
New Zealand public servants are exempt if it’s part of their employment agreement to provide immigration advice.
Foreign diplomats are exempt under the Diplomatic Privileges and Immunities Act 1968. Consular staff are exempt under the Consular Privileges and Immunities Act 1971.
You are exempt if you provide advice in an informal or family context and the advice is not provided systematically or for a fee.