Immigration Advisers Licensing Act 2007

  • Warning: Some amendments have not yet been incorporated
  • This version was reprinted on 20 May 2016 to make corrections to sections 8(3), 9(2), 10(c), 12(6), 16(a), 47(2)(a), 67(4), 79(c), 89(3), 90(3)(b), and 92(8)(b)(i) and (10)(c) under section 25(1)(i), (j)(ii) and (j)(iii) of the Legislation Act 2012.

Reprint as at 1 January 2014

Coat of Arms of New Zealand

Immigration Advisers Licensing Act 2007

Public Act
 
2007 No 15
Date of assent
 
4 May 2007
Commencement
 
see 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

1Title
2Commencement
3Purpose and scheme of Act
4Act binds the Crown
5Interpretation
6Prohibition on providing immigration advice unless licensed or exempt
7What constitutes immigration advice
8Offshore immigration advice
9No acceptance of immigration applications or requests from unlicensed immigration advisers
10Who may be licensed as immigration adviser
11Persons exempt from licensing
12Exemption, or removal of exemption, by Order in Council
13Process for Minister to make recommendation
14Review of exemptions
15Persons prohibited from licensing
16Persons subject to restriction on being licensed
17Other matters relevant to fitness for licensing
18Application for licence
19Granting of licence
20Method of determining competence
21Refusal to grant licence
22Duration of licence
23Upgrade of licence
24Renewal of licence
25Licence may not be transferred
26Obligation to notify Registrar of change in circumstances
27Cancellation of licence
28Process for cancellation
29Suspension of licence
30Effective date of cancellation or suspension
31Voluntary surrender of licence
32Registrar must record cancellation, suspension, or surrender of licence
33Expiry of licence
34Immigration Advisers Authority established
35Functions of Authority
36Registrar to develop competency standards
37Registrar to develop code of conduct
38Publication of code of conduct and competency standards
39Application of Legislation Act 2012 to code and standards
40Immigration Advisers Complaints and Disciplinary Tribunal established
41Functions of Tribunal
42Services for Tribunal
43Further provisions in relation to Tribunal and its proceedings
44Complaints against immigration advisers
45Procedure on receipt of complaint by Registrar
46Registrar may refer complaint to Tribunal of own motion
47Preparation of complaint for referral to Tribunal
48Filing complaint with Tribunal
49Proceedings before Tribunal
50Determination of complaint by Tribunal
51Disciplinary sanctions
52Enforcement of disciplinary sanctions
53Suspension of licence pending outcome of complaint
54Appeal to Tribunal against determination by Registrar to reject complaint
55Appeal to Tribunal against determination by Registrar to cancel licence
56Purposes of inspection
57Inspection powers
58Inspection powers for investigating offences [Repealed]
59Privilege against self-incrimination
60Entry of dwellinghouses
61Entry warrant
61ASearch warrant
62Conditions of authorisation
63Offence to provide immigration advice unless licensed or exempt
64Offence of holding out as immigration adviser unless licensed or exempt
65Offence of holding out as licensed immigration adviser
66Offence to provide false or misleading information
67Offence of asking for or receiving fee or reward for immigration advice when neither licensed nor exempt
68Offence of employing or contracting unlicensed or non-exempt person as immigration adviser
69Offence to obstruct inspection
70Offence to fail to notify change in circumstances
71Reparation
72Additional penalty for offence involving commercial gain
73Offences also apply outside New Zealand
74Presumption as to non-exemption
75Time for filing charging document
76Independence of persons carrying out functions under Act
77Register of licensed immigration advisers
78Contents of register
79Alterations to register
80Search of register
81Right of appeal
82District Court may make interim order
83Duties of Registrar if interim order made
84Determination of appeal
85Appeal to High Court on question of law
86Annual report on performance of Tribunal’s functions
87Power of Registrar to delegate
88Certificate of Registrar
89Licensing fees
90Immigration adviser’s levy
91Waiver of further immigration fees in certain cases
92Disclosure of personal information overseas
93Service of notices
94Regulations
95Immigration Act 1987 amended
96Privacy Act 1993 amended
97Summary Proceedings Act 1957 amended [Repealed]
Reprint notes