New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 7 July 2010
| Public Act | 2007 No 15 |
| Date of assent | 4 May 2007 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Labour.
Part 1
Regulation of immigration advisers
Immigration advisers to be licensed,
unless exempt
6 Prohibition on providing immigration advice unless licensed or exempt
7 What constitutes 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
15 Persons prohibited from licensing
16 Persons subject to restriction on being licensed
17 Other matters relevant to fitness for licensing
20 Method of determining competence
25 Licence may not be transferred
26 Obligation to notify Registrar of change in circumstances
Cancellation and suspension of licence, etc
30 Effective date of cancellation or suspension
31 Voluntary surrender of licence
32 Registrar must record cancellation, suspension, or surrender of licence
Immigration Advisers Authority and Registrar of Immigration Advisers
34 Immigration Advisers Authority established
36 Registrar to develop competency standards
37 Registrar to develop code of conduct
38 Publication of code of conduct and competency standards
39 Code and standards deemed to be regulations for purposes of disallowance
Immigration Advisers Complaints and
Disciplinary Tribunal
40 Immigration Advisers Complaints and Disciplinary Tribunal established
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
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
57 Inspection powers for administration of licensing regime and obtaining information in relation to complaints
58 Inspection powers for investigating offences
59 Privilege against self-incrimination
62 Conditions of authorisation
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
72 Additional penalty for offence involving commercial gain
73 Offences also apply outside New Zealand
74 Presumption as to non-exemption
75 Proceedings for offences generally
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
Appeals against decisions of Registrar
and Tribunal
82 District Court may make interim order
83 Duties of Registrar if interim order made
85 Appeal to High Court on question of law
86 Annual report on performance of Tribunal's functions
87 Power of Registrar to delegate
91 Waiver of further immigration fees in certain cases
92 Disclosure of personal information overseas
95 Immigration Act 1987 amended
97 Summary Proceedings Act 1957 amended