NEW ZEALAND IMMIGRATION NEWS

NZ immigration advisers now regulated

Thursday, 17 July 2008

The new Immigration Advisers Authority issued its first licence on 7 July 2008, marking the beginning of industry regulation in New Zealand.

By 4 May, 2009, immigration advisers will need to hold a licence to practice. The new Immigration Advisers Authority has been set up to manage the licensing process.

The new licensing regime aims to stop “rogue operators destroying the financial and personal hopes of potential immigrants to New Zealand” authority registrar Barry Smedts said.

The immigration advice industry in New Zealand has previously been unregulated, which exposed individuals to the risk of receiving advice from those claiming to be advisers or consultants but may know little about immigration requirements.

Tony Tse, the first person to receive an Advisers licence, said that the licensing of immigration advisers was a positive move that would scare off unprofessional and unethical advisers and protect migrants from receiving bad advice.

While the occasion was important for Mr Tse, Mr Smedt said it was “also important for the professionalism and credibility of the immigration advice industry and for New Zealand’s international standing as a migrant destination.”

The Authority will have a system in place which will set new standards of professionalism for advisers, protect and enhance the reputation of the industry.

The Authority will administer the Immigration Advisers Licensing Act, which requires anyone giving immigration advice to be licensed by 4 May 2009 (unless they are exempt). People giving advice offshore will need to be licensed by 4 May 2010.

Applicants will need to meet competency standards to be granted a licence, and must abide by the Authority’s Code of Conduct.

A register of licensed advisers is available on the Authority’s website. The Authority will also receive complaints about licensed advisers, and if justified, the complaint will be forwarded to an independent Immigration Advisers Complaints and Disciplinary Tribunal.

Penalties for breaching the Code include up to seven years imprisonment and/or fines up to $100,000 for non-licensed offenders, as well as court-ordered reparation payments. For licensed advisers, there are penalties of up to two years imprisonment and/or fines of up to $10,000 for breaches of the Act.

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