2. Obligations to stakeholders
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 2009 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 the Immigration and Protection Tribunal; 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.