Immigration Advisers Licensing Act 2007

Reprint as at 1 January 2014

Immigration Advisers Licensing Act 2007

Public Act2007 No 15
Date of assent4 May 2007
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

1 Title

2 Commencement

Part 1
Regulation of immigration advisers

Preliminary provisions

3 Purpose and scheme of Act

4 Act binds the Crown

5 Interpretation

Immigration advisers to be licensed, unless exempt

6 Prohibition on providing immigration advice unless licensed or exempt

7 What constitutes immigration advice

8 Offshore immigration advice

9 No acceptance of immigration applications or requests from unlicensed immigration advisers

10 Who may be licensed as immigration adviser

11 Persons exempt from licensing

12 Exemption, or removal of exemption, by Order in Council

13 Process for Minister to make recommendation

14 Review of exemptions

15 Persons prohibited from licensing

16 Persons subject to restriction on being licensed

17 Other matters relevant to fitness for licensing

Licensing process

18 Application for licence

19 Granting of licence

20 Method of determining competence

21 Refusal to grant licence

22 Duration of licence

23 Upgrade of licence

24 Renewal of licence

25 Licence may not be transferred

26 Obligation to notify Registrar of change in circumstances

Cancellation and suspension of licence, etc

27 Cancellation of licence

28 Process for cancellation

29 Suspension of licence

30 Effective date of cancellation or suspension

31 Voluntary surrender of licence

32 Registrar must record cancellation, suspension, or surrender of licence

33 Expiry of licence

Immigration Advisers Authority and Registrar of Immigration Advisers

34 Immigration Advisers Authority established

35 Functions of Authority

36 Registrar to develop competency standards

37 Registrar to develop code of conduct

38 Publication of code of conduct and competency standards

39 Application of Legislation Act 2012 to code and standards

Immigration Advisers Complaints and Disciplinary Tribunal

40 Immigration Advisers Complaints and Disciplinary Tribunal established

41 Functions of Tribunal

42 Services for Tribunal

43 Further provisions in relation to Tribunal and its proceedings

Complaints and disciplinary procedures

44 Complaints against immigration advisers

45 Procedure on receipt of complaint by Registrar

46 Registrar may refer complaint to Tribunal of own motion

47 Preparation of complaint for referral to Tribunal

48 Filing complaint with Tribunal

49 Proceedings before Tribunal

50 Determination of complaint by Tribunal

51 Disciplinary sanctions

52 Enforcement of disciplinary sanctions

53 Suspension of licence pending outcome of complaint

54 Appeal to Tribunal against determination by Registrar to reject complaint

55 Appeal to Tribunal against determination by Registrar to cancel licence

Inspection

56 Purposes of inspection

57 Inspection powers

58 Inspection powers for investigating offences [Repealed]

59 Privilege against self-incrimination

60 Entry of dwellinghouses

61 Entry warrant

61A Search warrant

62 Conditions of authorisation

Offences

63 Offence to provide immigration advice unless licensed or exempt

64 Offence of holding out as immigration adviser unless licensed or exempt

65 Offence of holding out as licensed immigration adviser

66 Offence to provide false or misleading information

67 Offence of asking for or receiving fee or reward for immigration advice when neither licensed nor exempt

68 Offence of employing or contracting unlicensed or non-exempt person as immigration adviser

69 Offence to obstruct inspection

70 Offence to fail to notify change in circumstances

71 Reparation

72 Additional penalty for offence involving commercial gain

73 Offences also apply outside New Zealand

74 Presumption as to non-exemption

75 Time for filing charging document

Part 2
Miscellaneous provisions

Independence of persons carrying out functions under Act

76 Independence of persons carrying out functions under Act

Register of licensed immigration advisers

77 Register of licensed immigration advisers

78 Contents of register

79 Alterations to register

80 Search of register

Appeals against decisions of Registrar and Tribunal

81 Right of appeal

82 District Court may make interim order

83 Duties of Registrar if interim order made

84 Determination of appeal

85 Appeal to High Court on question of law

Miscellaneous matters

86 Annual report on performance of Tribunal's functions

87 Power of Registrar to delegate

88 Certificate of Registrar

89 Licensing fees

90 Immigration adviser's levy

91 Waiver of further immigration fees in certain cases

92 Disclosure of personal information overseas

93 Service of notices

94 Regulations

Amendments to other Acts

95 Immigration Act 1987 amended

96 Privacy Act 1993 amended

97 Summary Proceedings Act 1957 amended [Repealed]

Schedule
Provisions applying in relation to Tribunal

Reprint notes