Becoming a licensed immigration adviser

Schedule

• Index
• Obligations to Clients
• Obligations to the Minister of Immigration, the Department Handling Immigration Matters, the Immigration Advisers Authority and Immigration Tribunals
• Business Management
• Client Funds
• Misrepresentation
• Conflicts of Interest
• Disclosure
• Fees
• Provision of Complaints Procedures
• Display of Licence

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Schedule

Licensed Immigration Advisers Code of Conduct

2.  Obligations to the Minister of Immigration, the Department Handling Immigration Matters, the Immigration Advisers Authority and Immigration Tribunals

2.1  Legislation and Operating Requirements

A licensed immigration adviser must, at all times:

• act in accordance with New Zealand laws and the laws of other jurisdictions if working and living offshore; and
• act in accordance with immigration legislation, including the Immigration Act 1987 and regulations made under it, the Immigration Advisers Licensing Act 2007, and applicable international obligations; and
• comply with the operating requirements of Immigration New Zealand; and
• comply with the operating requirements of the Registrar of Immigration Advisers; and
• meet the procedural and operating requirements for managing appeals and appearing before immigration tribunals; and
• uphold the integrity of New Zealand’s immigration system and the Immigration Advisers Authority; and
• maintain respectful and professional relationships; and
• hold written authority from clients to act on their behalf; and
• take all reasonable steps to submit applications in a timely manner to ensure that clients maintain lawful immigration status.

2.2  Vexatious Applications, Appeals, Requests and Claims

If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must:

• encourage the client not to lodge it; and
• advise the client in writing that, in the adviser’s opinion, it is vexatious or grossly unfounded; and
• if the client still wishes to lodge it, seek written acknowledgement from the client that he or she has been advised not to.