Trans-tasman mutual recognition policy

Purpose

This policy sets out how the Trans-Tasman Mutual Recognition Act 1997 (TTMR Act) allows Australian registered migration agents to become New Zealand licensed immigration advisers.

What is the TTMR Act?

The TTMR Act provides for the mutual recognition of equivalent registered occupations between Australia and New Zealand.

Under the TTMR Act, a migration agent who is registered with the Australian Office of the Migration Agents Registration Authority (OMARA) can apply to become a licensed immigration adviser in New Zealand.

The TTMR Act application process

An applicant must complete all sections of the TTMR Act Application Form and include:

• a certified copy of their OMARA Registration Certificate and wallet card
• one passport-sized and passport quality photograph that was taken in the last six months. A person who has known the applicant for more than 12 months and is not a family member or living at the same address must verify the photograph as a true likeness of the applicant
• proof of identification such as a certified copy of either the applicant’s driver licence, birth certificate or photo page of current passport
• payment of the fee and levy.

Applicants should renew their registration with OMARA prior to applying under the TTMR Act because the Authority needs to see that the applicant’s certificate is current, and not expiring shortly.

As part of the application process, the Authority will contact OMARA to determine whether the applicant has any complaints, investigations or disciplinary proceedings pending against them.

The Authority will not test an applicant on their understanding of New Zealand immigration matters before granting them a licence. However, the Authority does expect the applicant to be familiar with the:

• Immigration Act 2009
• Immigration Advisers Licensing Act 2007
• Immigration Advisers Competency Standards 2013
• Licensed Immigration Advisers Code of Conduct 2010.

The Registrar will determine the application within one month of receiving a complete application.

If the Registrar approves the application, the applicant will receive a full New Zealand immigration advisers licence valid for one year. The Registrar will also add their name to the register.

The Authority will send a licence certificate, a wallet card and information about being a licensed immigration adviser in New Zealand to the service address given on the application.

The Registrar may postpone or refuse registration if:

• any of the information the applicant provides is false or misleading
• circumstances have changed
• the applicant has failed to provide all the required information
• the prescribed fees have not been paid.

If the Registrar refuses or postpones an application, the applicant has the right of appeal to the Trans-Tasman Occupations Tribunal established by the Ministry of Justice to hear appeals under the TTMR Act.

Lawyers

Lawyers with an Australian practising certificate can apply under the TTMR Act. However, lawyers who hold a current New Zealand practising certificate and their employees who provide immigration advice within the scope of their employment agreement, are not allowed to be New Zealand licensed immigration advisers.

Certifying supporting documentation

The following persons may witness a statutory declaration made in New Zealand:

• an enrolled barrister and solicitor of the High Court of New Zealand
• a Justice of the Peace
• a notary public
• a Registrar or Deputy Registrar of the District Court, High Court, Court of Appeal or Supreme Court.

The following persons are authorised to witness a statutory declaration made outside New Zealand:

• in Australia or another Commonwealth country other than New Zealand— a Judge, a Commissioner of Oaths, a notary public, a Justice of the Peace, or any person authorised by the law of that country to administer an oath there for the purpose of judicial proceeding; a Commonwealth representative; or solicitor of the High Court of New Zealand
• in a country other than a Commonwealth country— a Commonwealth representative, a Judge, a notary public, or a solicitor of the High Court of New Zealand.

Renewal

If eligible, an adviser granted a New Zealand immigration advisers licence under the TTMR Act may apply to renew their licence through the TTMR Act by completing the relevant sections of the TTMR Act application form.
To be eligible to renew their licence through the TTMR Act, the applicant must be currently registered as an Australian Migration Agent with the OMARA.

Fee and levy

For applicants who are ordinarily resident in New Zealand the initial application processing fee is NZ$909.78 and the immigration adviser’s levy is NZ$1129.55.

A person is ordinarily resident in New Zealand if they have spent more than 183 days in New Zealand in the immediately preceding 12-month period and are not unlawfully in New Zealand.

For applicants who are not ordinarily resident in New Zealand the application processing fee is NZ$791.11 and the immigration adviser’s levy is NZ$982.22.