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• Jane Palmer
  Communications Adviser
  jane.palmer@iaa.govt.nz
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Newsletter #15

April 2009

Trademark Advertising Practices

To ensure you’re using the Trademark correctly when marketing your business, the Authority has developed some Trademark Requirements which explain our advertising practices. A key point to remember is that you can’t use the Trademark in a way which creates an impression that your company or business trade name is licensed. In a recent case, staff from a consultancy company enlarged the official Trademark to poster size and hung it on the glass entranceway to their office. So what’s the problem with this form of advertising? There is no reference to the licensed individual working for the company and therefore creates the impression that the company is licensed. If they persisted with this kind of advertising, the company would be prosecuted.

On a website, the Trademark must not be displayed as hidden text or in a linked page to the Trademark. The website, below, is a good example of how to correctly display the Trademark and attribute the name of the licensed adviser.

Renewals policy launched

Your licence must be renewed annually and to help guide you through the process, the Authority has developed a Renewals Policy. As part of our assessment, you’ll have to provide an exemplar client file and show that you meet competency and fitness standards and adhere to the Code of Conduct. You’ll receive an email approximately two months prior to the expiry of your current licence and shortly after we’ll send you an ‘Application for Renewal Form’ to complete. We strongly recommend that you submit your application for renewal at least one month prior to the expiry of your current licence. If we don’t receive your application before your licence expires, our public register will indicate that your licence has expired. Immigration New Zealand will no longer accept your immigration applications and you must stop giving immigration advice. Here are frequently asked questions on the renewal process.

Connecting with migrants at cultural festival

The Immigration Advisers Authority took their message to the masses at the Auckland International Cultural Festival last month. This free event is a celebration of Auckland's diversity of cultures and provides a chance for new refugees and migrants to connect with their city and display their culture with pride. Thousands of visitors poured into Wesley’s War Memorial Park on a near-perfect Sunday to enjoy music, dance, food, arts and crafts from more than 40 nations. Surrounded by colourful food stalls and a dance group in traditional costumes, the team at the Authority’s stand fielded plenty of enquires about the impact of compulsory licensing on new migrants. As one team member said: “It was like the Authority walked the world in a day.”

Countdown to compulsory licensing

Only four weeks remain until compulsory licensing is introduced into New Zealand. After 4 May 2009, anyone based onshore and giving immigration advice must have a licence issued by us, unless they have an exemption from being licensed. As at 31 March, we have 127 licensed advisers and 60 cases in various stages of either lodgement or assessment.

What is immigration advice? “Using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward.”

An adviser has to consider whether they are knowingly putting themselves in a position where they advise, assist, direct or represent another person about immigration matters concerning New Zealand. Licensing applies to people who are immigration advisers, as well as to advisers in the recruitment sector, the travel sector and the education sector, who may need to consider whether they are providing immigration advice.

Key elements of “immigration advice” –

• Assistance or direction tailored to the particular circumstances of an individual.
• Guidance to an individual based on the adviser’s knowledge and experience in immigration.
• Offering an opinion or suggestions about possible entitlements or avenues an individual might take.

Whether a person is providing publicly available information or performing clerical work – that don’t require a licence – as opposed to giving “immigration advice”, will depend on the facts of each particular case. Contact us to find out more, or if you need help to figure this out.

Contact us

As always, please feel free to contact us on info@iaa.govt.nz, freephone 0508 IAA IAA (0508 422 422 — New Zealand only) or write to us at PO Box 6222, Auckland 1141, New Zealand. Or you can visit us at: www.iaa.govt.nz.

Barry Smedts
Registrar of Immigration Advisers

Licensed professionals = Protected migrants