October newsletter

Message from the Acting Registrar Catherine Albiston

Kia ora

Image of Catherine Albiston, Acting Registrar to Immigration AdvisersThe Martin Jenkins review recommended that industry have greater input into and ownership of competency standards, the code of conduct and associated training and CPD. While formal changes will require a change to the legislation – which may take some time – I am delighted to be launching consultation on licensing standards and encourage you all to get involved.

Getting the entry and ongoing licensing standards for immigration advisers right is at the heart of making immigration adviser licensing work well for both you and your clients. I look forward to hearing your ideas and your views.

Our team is working hard on clearing the backlog of complaints. I’m pleased to inform you that since 1 July we have closed 18 complaints without referral to the Tribunal. The new process is allowing the Authority to deal with complaints at a lower level where appropriate.

I am continuing to meet with advisers on a regular basis, either by phone or in person. I really enjoy the conversations and find them very helpful in my role – thank you.

I look forward to meeting many more of you during our consultations in Christchurch, Wellington and Auckland throughout October.

Catherine Albiston,
Acting Registrar of Immigration Advisers


We are now consulting on licensing standards

A group of people, with a thinking bubble above their headsThe Immigration Advisers Authority, with input from the Licensed Immigration Advisers Reference Group, has developed a consultation paper on licensing standards for immigration advisers.

This paper consults on a package of changes to licensing standards for immigration advisers.  The package includes:

  • Bolstering the immigration adviser’s entry qualification to a one year graduate diploma (full-time)
  • Formalising a set number of hours of learner-centred active CPD per year for licensed immigration advisers plus some mandatory activities
  • Maintaining the ability to apply for a full licence on completion of the qualification
  • Extending fast-track renewal to all advisers, coupled with an increased number of risk-based inspections.

You should have received an email with a copy of the consultation paper and a link to a short survey. Please take some time to read the consultation paper and complete a short survey to tell us your views.

The Immigration Advisers Authority will also be hosting five meetings to hear your views:

Christchurch

Date and time: Friday 10 October 1-3pm
Address: 55 Wordsworth Street, Christchurch
Instructions: Please ring the bell at reception. Please note that the meeting is being held on a mezzanine floor and there is no lift access. If this is not suitable for you please contact us and we will arrange to meet with you separately.
Parking: There are about six visitor parking spaces which will be filled on a first come first served basis. Otherwise there is metered public parking on the street.

Wellington

Date and time: Tuesday 14 October 3-5pm *please note change of time
Address: Room G.01, 15 Stout Street, Wellington
Instructions: Please report to reception and advise you are attending a meeting in room G.01

Auckland – for sole practitioners

Date and time: Tuesday 21 October 10-12pm
Address: Level 2, 52 Symonds Street, Auckland
Instructions: Please ring the bell at reception

Auckland – open adviser meeting

Time and date: Tuesday 21 October 1-3pm
Address: Level 2, 52 Symonds Street, Auckland
Instructions: Please ring the bell at reception

Auckland – consumer representatives

Time and date: Wednesday 22 October 10-12pm
Address: Level 2, 52 Symonds Street, Auckland
Instructions: Please ring the bell at reception
If you wish to attend a meeting, please RSVP.

Email info@iaa to RSVP >>
Read the September reference group minutes here >>


New Trade Mark requirements

Image showing how your name needs to be displayed next to the Trade Mark. In the September newsletter we asked if you thought the guidelines around how your name needs to be displayed next to the Trade Mark should be amended to:

Display the adviser’s name next to the Trade Mark. Advisers may use a legal first name and surname, or a full legal name, or a preferred name. Whatever name is used must be on the register of licensed immigration advisers.

Seventeen of you told us that you agreed with the proposed change and one did not.

We have decided to make the change as it gives you more flexibility for how you display the Trade Mark and doesn’t remove any current options.

You can now use your preferred name next to the Trade Mark as long it is showing in brackets on the register. Please note that anyone who already has their full legal name alongside the Trade Mark may continue to do so – there is no need to change this unless you wish to.

If you have a preferred name that you wish to use, that is not on your register listing, you will need to complete a Change of Details Form and send it to info@iaa.govt.nz before you could use that name next to the Trade Mark.

All other Trade Mark requirements continue to apply, including listing your licence number. You can check if you are using the Trade Mark correctly by reading the Trade Mark chapter in the Code of Conduct Toolkit.


What does the Ministry of Business, Innovation and Employment (MBIE) do?

MBIE Logo. The Immigration Advisers Authority is part of MBIE. MBIE was created to give greater focus to the Government’s goal of building a more productive and internationally competitive economy for all New Zealanders.

MBIE has brought together an important part of the public sector to provide joined-up economic policy advice and better integrated services, advice and regulation to help support business growth.

MBIE’s purpose is to Grow New Zealand for all.  MBIE’s goal is to create a strong and high performing economy without compromising the integrity of our environment and the safety of our workplaces.

MBIE does this by creating an environment that supports businesses to become more productive and internationally competitive, and by increasing opportunities for all New Zealanders to participate in the economy through improved job opportunities and by ensuring quality housing is more affordable.

Using MBIE’s extensive presence across New Zealand and around the world it will improve access to ideas, investment and trade opportunities that will support businesses to grow and innovate.

MBIE works collaboratively with other government agencies; local government; businesses; industry, sector, union and employer groups; consumer groups; Māori leaders; and scientists to develop and deliver fit-for-purpose policy, services, advice and regulation that support people, businesses, communities and regions to be successful.

MBIE is the lead agency for providing government services for business. It is focused on making it easier for business to interact with government.

The Statement of Intent sets out the Ministry’s strategic direction >>


Did you know, under the 2014 Code...?

Question mark image

28. A licensed immigration adviser must ensure that:

  1. the termination of services, for any reason, is confirmed to the client in writing
  2. where they cease to act for the client for any reason other than the completion of agreed services, they inform Immigration New Zealand or the Immigration and Protection Tribunal, as appropriate, that they are no longer representing the client, and
  3. if, for any reason, the adviser cannot continue to act for the client, the adviser fully updates the client on the status of their immigration matter and advises them of where they could get assistance.

Read more about termination of services >>


Reminder for TTMRA applicants

We have updated Form 401: Trans-Tasman Mutual Recognition Act 1997 Application to clarify the requirements of New Zealand’s Trans-Tasman Mutual Recognition Act 1997 (TTMRA) Section 19 Notice. If you are a TTMRA applicant please make sure you are completing the latest version of the form before sending an application to us.

Any Australian registered migration agent applying to the New Zealand Immigration Advisers Authority for a licence must do so through the TTMRA, whether it be their initial application or a renewal application. When applying each year for a New Zealand licence through the TTMRA an adviser must meet the following requirements of the Section 19 Notice. These are listed below:

  1. You are currently a registered migration agent with the Australian Office of the Migration Agents Registration Authority.
  2. You do not hold a practising certificate as a barrister and/or solicitor of the High Court of New Zealand.
  3. Your registration as a migration agent has not been cancelled nor is it currently suspended in Australia as a result of any disciplinary action.
  4. You have not been personally prohibited from operating as a migration agent or licensed immigration adviser nor are you subject to any special conditions as a result of criminal, civil or disciplinary proceedings relating to your registration as a migration agent or licensed immigration adviser.
  5. Special Conditions (delete one)
    There are no special conditions that apply to you as a registered migration agent or licensed immigration adviser.
    OR
    The attached special conditions apply to you as a registered migration agent or licensed immigration adviser.
  6. You are not the subject of any disciplinary proceedings in Australia or New Zealand relating to your registration as a migration agent or licensed immigration adviser.
  7. You are not the subject of any preliminary investigations or action that might lead to disciplinary proceedings in Australia or New Zealand relating to your registration as a migration agent or licensed immigration adviser.

If, at the time of applying for an initial licence or renewal through the TTMRA, the adviser cannot meet the requirements above, they cannot lodge an application to be licensed as a New Zealand immigration adviser. The adviser would need to wait until they can meet the requirements above before applying.

As part of the application process, the Authority will contact OMARA to determine whether an applicant has any complaints, investigations or disciplinary proceedings pending against them or whether they are subject to any special conditions in Australia. The Authority will also check if they are subject to any pending disciplinary proceedings or preliminary investigations in New Zealand.

The Licensing Toolkit has also been updated to highlight these requirements.

If you have any questions regarding these requirements please email Zoe Gilmore at info@iaa.govt.nz.


Comings and goings

Jason Chand has left the Authority and Jenny Wheeler is currently Acting Team Leader Licensing. Jenny’s contact details are 09-9282584 or jennifer.wheeler@iaa.govt.nz.


We welcome your feedback

Feedback image. How can we do better? Have we done a good job? Whatever the feedback, compliments or complaints, we want to hear from you.

Email us at info@iaa.govt.nz.