Defining stakeholders

Clause 2 of the code of conduct sets out some specific duties on advisers in relation to their dealing with the following stakeholders:

• the Minister of Immigration
• Immigration New Zealand as the Department handling immigration matters
• the Immigration Advisers Authority
• the immigration tribunals, which include the Immigration and Protection Tribunal and the Immigration Advisers Complaints and Disciplinary Tribunal.

Although not specifically listed in the code of conduct, advisers should also consider these duties as applying when they deal with:

• the New Zealand courts
• any other government bodies that advisers may interact with.

Acting in accordance with the law

Clause 2.1a of the code of conduct requires that advisers must at all times, act in accordance with New Zealand laws and the laws of other jurisdictions if working and living offshore.

• In professional practice this means that advisers must understand and abide by the law when operating their businesses, including understanding and abiding by local laws if they are operating offshore.

Clause 2.1b of the code of conduct further requires that advisers must at all times, act in accordance with immigration legislation, including the Immigration Act 2009 and the regulations made under it, the Immigration Advisers Licensing Act 2007 and applicable international obligations.

• In professional practice this means that advisers must understand and comply with immigration legislation relating to immigration applications, appeals, requests or claims, which also includes the relevant international obligations to which New Zealand is a party or a signatory.

• As part of their professional practice, advisers must also comply with the requirements of the immigration adviser licensing regime which is administered by the Authority.

Upholding the integrity of New Zealand’s immigration system

Clause 2.1f of the code of conduct requires that advisers must, at all times, uphold the integrity of New Zealand’s immigration system and the Authority.

• In professional practice, this requirement extends beyond compliance with relevant laws, including immigration specific legislation, and the operating requirements of Immigration New Zealand, the Authority and the immigration tribunals.

• Specifically, it means that advisers must act ethically, and not in ways that may undermine the functioning of the New Zealand immigration system, or the statutory functions of the Authority.

Maintaining respectful and professional relationships

Clause 2.1g of the code of conduct requires that advisers must, at all times, maintain respectful and professional relationships.

• In professional practice, respectful and professional relationships are, amongst other things, built on honesty, tolerance, fair treatment and communication that is both prompt and appropriate in tone.
• Advisers must at all times consider, and be able to consistently demonstrate, these values in their relationships with stakeholders.

Immigration New Zealand

Clause 2.1c of the code of conduct requires that advisers must at all times comply with the operating requirements of Immigration New Zealand. In professional practice this means that advisers must:

• understand and adhere to the immigration instructions that are collated in the Immigration New Zealand Operational Manual
• understand the designations, functions and powers, and delegations accorded to each office or position within Immigration New Zealand
• understand that the Immigration Act 2009 allows for the Chief Executive responsible for Immigration New Zealand to give general instructions to immigration officers and refugee and protection officers, on the order and manner of processing any application or claim, or specified classes of application or claim
• understand that Amendment Circulars are used by Immigration New Zealand to record immigration instructions that are published between updates of the Immigration New Zealand Operational Manual
• understand that Immigration New Zealand issues Internal Administration Circulars as and when required, the purpose of which are to provide information for its staff on procedural and process issues (these do not form part of the Immigration New Zealand Operational Manual).

Clause 2.1i of the code of conduct further requires that advisers must, at all times, take all reasonable steps to submit applications in a timely manner to ensure that clients maintain lawful immigration status.

In addition, advisers must:

• maintain respect and professional relationships with all Immigration New Zealand staff under clause 2.1g of the code of conduct
• disclose to Immigration New Zealand any relevant change in circumstances relating to the representation of clients or to clients’ immigration applications under clause 7c of the code of conduct
• not knowingly provide false or misleading documentation with, or conceal any relevant information relating to, any application, request, claim or other representation under clause 5.2 of the code of conduct.

Immigration and Protection Tribunal

Clause 2.1e of the code of conduct requires that advisers must at all times meet the procedural and operating requirements for managing appeals and appearing before immigration tribunals (i.e. the Immigration and Protection Tribunal and the Immigration Advisers Complaints and Disciplinary Tribunal). In relation to the Immigration and Protection Tribunal this means that in professional practice advisers must understand:

• the structure, functions, relevant legislation and jurisdictional boundaries of the Immigration and Protection Tribunal
• who has a right of appeal to the Immigration and Protection Tribunal, and the lodgement requirements and fees that apply to different types of appeals
• the hearing and decision publication processes of the Immigration and Protection Tribunal, including understanding and adhering to any Practice Notes that the tribunal may issue from time to time
• how decisions from the Immigration and Protection Tribunal are communicated and published
• the options available to appeal or review any decisions of the Immigration and Protection Tribunal.
  

In addition, advisers must:

• maintain respect and professional relationships with all with all Immigration and Protection Tribunal members and staff under clause 2.1g of the code of conduct
• disclose to the Immigration and Protection Tribunal any change in circumstances relating to the representation of clients or to the factual circumstances relations to a matter before the tribunal, under clause 7d of the code of conduct
• not knowingly provide false or misleading documentation with, or conceal any relevant information relating to, any appeal or other representation under clause 5.2 of the code of conduct.

Registrar of Immigration Advisers

Clause 2.1d of the code of conduct requires that advisers must at all times comply with the operating requirements of the Registrar of Immigration Advisers (the Registrar).

In professional practice this means that advisers must understand and adhere to any policies and procedures that the Registrar may issue as and when required. These may address a variety of items, but will be issued by the Authority through this Policies and Procedures Manual for Licensed Immigration Advisers and will be accessible on the Authority’s website.

In addition, advisers must:

• maintain respect and professional relationships with all Immigration Advisers Authority staff under clause 2.1g of the code of conduct
• disclose to the Immigration Advisers Authority any information that would have a material effect on an adviser’s licence under clause 7b of the code of conduct.

Immigration Advisers Complaints and Disciplinary Tribunal

Clause 2.1e of the code of conduct requires that advisers must at all times meet the procedural and operating requirements for managing appeals and appearing before immigration tribunals (i.e. the Immigration and Protection Tribunal and the Immigration Advisers Complaints and Disciplinary Tribunal). In relation to the Immigration Advisers Complaints and Disciplinary Tribunal, this means that in professional practice advisers must understand:

• the structure, functions, relevant legislation and jurisdictional boundaries of the Immigration Advisers Complaints and Disciplinary Tribunal
• the processes that apply to making a complaint against an adviser (which is done through the Immigration Advisers Authority)
• the processes that apply to appealing a decision by the Registrar of Immigration Advisers (which is lodged directly with the Immigration Advisers Complaints and Disciplinary Tribunal)
• the lodgement requirements that apply to each process for the Immigration Advisers Complaints and Disciplinary Tribunal (including the fact that there are no fees involved)
• the hearing and decision publication processes of Immigration Advisers Complaints and Disciplinary Tribunal, including understanding and adhering to any Practice Notes that the tribunal may issue from time to time
• how decisions from the Immigration Advisers Complaints and Disciplinary Tribunal are communicated and published
• the options available to appeal or review any decisions of the Immigration Advisers Complaints and Disciplinary Tribunal.

In addition, advisers must:

• maintain respect and professional relationships with the Chair of the Immigration Advisers Complaints and Disciplinary Tribunal and its staff under clause 2.1g of the code of conduct
• disclose to the Immigration Advisers Complaints and Disciplinary Tribunal any change in circumstances relating to the representation of clients or to the factual circumstances relations to a matter before the tribunal, under clause 7d of the code of conduct.

Holding written authority to act from clients

Clause 2.1h of the code of conduct requires that advisers must, at all times, hold written authority from clients to act on their behalf.

• In professional practice, this requirement ensures that the relationship between a client and an adviser is clearly established from the outset, and will be met by the establishment of a written agreement under the provisions of clause 1.5 of the code of conduct, which is signed by both parties.

• In some specific instances, such as immigration instructions in relation to who may make a request under the Privacy Act 1993 (see A7.10 of the Immigration New Zealand Operational Manual) advisers are not required to provide a written authority to act when representing their clients in interactions, however this does not remove the responsibility under the code of conduct for advisers to establish written agreements with their clients or their responsibility under clause 2.1h of the code of conduct to, at all times, hold written authority from clients to act on their behalf.