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December newsletter

Message from the Registrar

Barry Smedts - IAA RegistrarAs 2013 draws to a close, I look back on a busy and challenging year. 

Firstly, we developed a new code of conduct for licensed advisers. This involved a full review of the code and drew input and feedback from 108 licensed advisers. Thank you to those of you who took the time to provide feedback.  The new code comes into force on 13 January 2014 and I hope that many of you get value from the Code Workshop and Code of Conduct Toolkit.

In the enforcement space the Authority has seen a number of individuals convicted for offending against the Immigration Advisers Licensing Act.  Unlawful unlicensed activity is something that the Authority takes very seriously and it is pleasing to see the outcome of these cases given the considerable amount of work that is required compiling a prosecution case.  We thank all of those licensed advisers who have aided the Investigations team throughout the year by providing us with information on unlawful unlicensed activity.

Over the last few months I have received feedback and suggestions from the adviser community regarding the Authority, its role and its processes.  I value all of the input and suggestions that we have received and I am committed to implementing change, particularly in the licensing assessment and complaint areas, to improve these processes for the benefit of all. 

You will see a significant shift in these areas in 2014.

Next year the Authority is looking to improve and build on our relationship with all licensed advisers and to promote and develop the profession

The Minister of Immigration has announced that the first review of immigration adviser licensing will take place in 2014.  You will have the opportunity to feed into this review.  Find out more below and in your next newsletter in February 2014.

I’d like to wish you all a Merry Christmas and a Happy New Year on behalf of everyone at the Authority.

 

Immigration Advisers Licensing Act 2007 to be reviewed

Image of books on Law.

Immigration Minister Michael Woodhouse has announced a review of the Immigration Advisers Licensing Act 2007.

The review will be carried out by the Ministry of Business, Innovation & Employment (MBIE) with some specialist external input.

Recommendations are expected to be made to the Minister by June next year.

Read MBIE’s full Terms of Reference >>

 

Prosecutions 2013 roundup

NZ Coat of Arms.

A number of individuals have been before the courts for offending against the Immigration Advisers Licensing Act this year.

Khadijah Lolohea convicted
Tengyu (Nick) Yuan convicted
Hakaoro Hakaoro pleaded guilty
Ashneel Nand and Sunita Devi warrant issued for arrest
Uluata Ekuale (Ata Utai) convicted

Khadijah Lolohea (aka Khadijah Piu) was convicted of nine charges of providing immigration advice without a licence following a widespread immigration scam in the Tongan community.

Read more

Tengyu (Nick) Yuan was convicted of six counts of providing immigration advice without a licence and one count of holding out as an immigration adviser after amassing more than $100,000 from six migrants.

Read more

Hakaoro Hakaoro pleaded guilty to six counts of providing immigration advice without a licence and one count of holding himself out as an immigration adviser.

Read more

Ashneel Nand and Sunita Devi had warrants issued for their arrest when they failed to appear in court. The pair face 50 charges relating to providing immigration advice without a licence after defrauding migrants of more than $50,000.

Read more

Uluata Ekuale (Ata Utai) was convicted of providing immigration advice without a licence, supplying false information to an immigration officer and obtaining by deception. Charges were laid by Immigration New Zealand.

Ms Utai was sentenced to 10 months home detention and ordered to repay $70,630 to 16 people.

Read more

 

Your transition to the 2014 Code

Code of Conduct 2014 cover image.

The Licensed Immigration Advisers Code of Conduct 2014 (the Code) comes into effect on Monday 13 January 2014.

You will need to comply with the 2014 Code from 13 January 2014. However, you will not need to change existing documentation for existing clients that was created before 13 January 2013. For example, you will not need to amend existing written agreements.

To understand any changes you may need to make, we recommend you do the Licensed Immigration Advisers Code of Conduct 2014 Workshop.

The online Workshop:

The 2014 Code of Conduct Toolkit:

Read the 2014 Code of Conduct Toolkit

 

Competency focus at licence renewal

Image of IAA licence.

Thank you to the 17 advisers who gave us their views on our renewals process. The majority of advisers supported the proposals.

We have made one change as a result of the feedback. Advisers at standard renewal will be allowed to submit a client file started in the last two years (rather than last year) and finished within the adviser’s current licence period. This will make it easier for advisers to provide residence files that are a better reflection of their competence.

The renewals forms will be updated on Monday 13 January 2014 with the following changes.

Standard renewal

Standard renewal assessment will focus on competency standards.

Advisers will no longer experience an in-depth assessment at the majority of their standard renewals. Instead in-depth assessment will be carried out:

Fast-track renewal

Advisers will only be disqualified from a fast-track renewal if a complaint about them has been upheld by, rather than lodged with, the Immigration Advisers Complaints and Disciplinary Tribunal.

Inspections

Advisers may be inspected from their third renewal if they are due for a standard renewal. This inspection will take the place of a standard renewal.

 

 

Your views on the Graduate Certificate in New Zealand Immigration Advice

We want to listen to your views on how the qualification can improve in the short-term.

We are particularly interested in hearing from advisers who employ students or graduates of the qualification and those who have taken it themselves.

Any suggestions that cannot be taken on board in next semester’s delivery will be considered, either for semester two, or within the larger review of the qualification and pathways to licensing scheduled for 2014.

Please email us at info@iaa.govt.nz on the questions below by Friday 10 January 2014.

Question 1: Tell us which delivery you are commenting on

Question 2: Based on your experience, what would you like to see changed in the material or delivery?

Question 3: Based on your experience, what did the qualification do well and you would like to see remain, or see more of?

Your suggestions will be sent directly to the Bay of Plenty Polytechnic.

If this method of commenting on the standard of the qualification works for you and other advisers, we would like to repeat it each semester.

 

Have your say on how the Authority is run

Meeting image.

The 2014 Licensed Advisers Reference Group is an opportunity to discuss the issues concerning you and the profession with the people at the Authority throughout the year.

If you would like to help shape the future of immigration adviser licensing email us at info@iaa.govt.nz to register your interest in being on the Reference Group.

Thank you to all who participated in the Licensed Advisers Reference Group for 2013.

The 2013 group discussed a number of matters affecting the industry including:

Register your interest. Email info@iaa.govt.nz

 

Tribunal decisions

Here are a number of Tribunal decisions that you may be interested in. Note: We have only referred to decisions here that are published on the Tribunal’s website.

 

Decision relates to Parties Decision type Link Date PDF size
Trivial or inconsequential complaint BL v SFK Decision [2013] NZIACDT 57 3/9/13 41.9 KB
Advertising a 100% success rate HNL v SEC Decision
Penalty Decision
[2013] NZIACDT 11
[2013] NZIACDT 36
19/3/13
11/6/13
146 KB
10.8 KB
Employee responsibility among other areas Musese v Min Decision
Penalty Decision
[2013] NZIACDT 24
[2013] NZIACDT 60
4/4/13
18/9/13
119 KB
96.7KB
McLeod v C Yap Decision
Penalty Decision
[2013] NZIACDT 19
[2013] NZIACDT 43
28/3/13
15/7/13
176 KB
92.4 KB
Licence cancellation
Chen v Loh Decision
Penalty Decision
[2013] NZIACDT 15
[2013] NZIACDT 55
19/3/13
30/8/13
217 KB
151 KB
Chen v Gu-Chang Decision
Penalty Decision
[2013] NZIACDT 16
[2013] NZIACDT 56
19/3/13
30/8/13
221 KB
149 KB
NQE v Tan Decision
Penalty Decision
[2013] NZIACDT 37
[2013] NZIACDT 46
13/6/13
1/8/13
195 KB
130 KB
Moctezuma v Chase-Seymour Penalty Decision [2013] NZIACDT 40 26/6/13 151 KB
Wiezoreck v McHugh Decision
Penalty Decision
[2013] NZIACDT 35
[2013] NZIACDT 49
4/6/13
9/8/13
239 KB
127 KB
Geldenhuys v C Yap Decision
Penalty Decision
[2013] NZIACDT 27
[2013] NZIACDT 42
12/4/13
15/7/13
207 KB
140 KB
LG v Hakaoro Decision
Penalty Decision
[2013] NZIACDT 23
[2013] NZIACDT 32
3/4/13
27/5/13
167 KB
93.9 KB
Schiller-Cooper v Lozano Decision
Penalty Decision
[2013] NZIACDT 1
[2013] NZIACDT 17
8/1/13
21/3/13
234 KB
136 KB

 

Holiday opening hours

Renewal and licence applications will only be accepted for lodgment until noon on 24 December 2013 when the public counter will close.

Please check you have met lodgment requirements and allow plenty of time in case information is missing.

The public counter reopens at 8.30am on 3 January 2014.

 

Changes to INZ’s panel physicians

Immigration New Zealand (INZ) is continuing to implement changes to its panel physician network as part the agreement with Australia’s Department of Immigration and Border Protection (DIBP) to create a jointly managed offshore panel physician network. 

INZ is now making some changes to its panel in China, ahead of formal alignment with DIBP in this region in late 2014.  This will result in the addition and removal of some panel physicians, but will not result in a net decrease of INZ panel physician coverage in China.

Read more

 

Dates to remember

6 December 2013 Advisers Seminar, INZ Henderson, Auckland (by reservation only)
24 December 2013 Authority office closes. Deadline for lodging applications is 12 noon.
3 January 2014 Authority office reopens at 8.30am
13 January 2014 Licensed Immigration Advisers Code of Conduct 2014 comes into force. New updated licensing forms online
27 January 2014 Authority closed for Auckland Anniversary Day
31 January 2014 Online 2014 Code Workshop closes

 

Adviser numbers

Full licence 537
Limited licence 19
Provisional licence 77
Total licences 633
Adviser on/offshore 454/179