September 2025 webinar summary

Confidentiality

Confidentiality was defined as protecting personal information from unauthorised access, use, and disclosure. Advisers were reminded that:

• written consent is required before sharing client information with any third party (this includes employers, recruitment agents, or supervisors - verbal consent or implied understanding is not enough).
  
• common mistakes include starting group chats with clients or sharing updates with employers without consent
  
• confidentiality obligations continue even after the engagement ends.
  

Practical cases have demonstrated that general "catch-all" consent clauses in written agreements are typically insufficient. Consent must be informed, specific, and thoroughly documented within the client file. 

Conflict of interest

Conflicts of interest arise when personal, financial, or professional interests compromise an adviser’s ability to act objectively. The Code requires advisers to:

• disclose conflicts in writing (Clause 5)
• record them in the written agreement (Clause 19(l))
• obtain written consent before acting (Clause 6).
• cease representation if objectivity, trust, or confidentiality is compromised (Clause 7).

Tribunal decisions showed risks like dual representation, taking commissions, and having family connections. Advisers were urged to identify potential conflicts early, monitor them throughout the engagement, and update disclosures as circumstances change. When in doubt, transparency and caution are best practice.

Watch the full webinar(external link)

Your key questions from the webinar

Q1: If a client agreement includes a clause allowing information to be shared between employees of that company, is this acceptable?
A: This may be acceptable. The client’s attention should be drawn to this clause to ensure that they are providing active consent to the sharing of their information. Note that this clause does cover any information sharing that may need to occur before the agreement is signed.

Q2: When another adviser requests a former client’s file under Clause 26(f) of the Code, is it sufficient to rely on the adviser’s representation that they have instructions from the client, or do you need written consent from the former client? 
A: If you are unsure whether to share a file, check with the former client first. Written consent is the safest approach.

Q3: An Accredited Employer work visa (AEWV) employer is required to keep a copy of the work visa on file. Is it a conflict of interest if I send a copy of the approved visa to the employer?
A: You may share the visa only if the AEWV holder provides written consent. Otherwise, the employer should request the visa directly from the AEWV holder.

Q4: Can we represent an employee working for us in their visa application if we declare the conflict of interest in writing?
A: You may be able to act with written consent and if objectivity and trust can be maintained. Clause 7 of the Code states you must not act if:

• you cannot provide objective advice,
• you cannot maintain a relationship of confidence and trust, or
• you would breach confidentiality.

Q5: How should an adviser withdraw from representation due to a conflict of interest? What reason should be given to the employer?
A: If a conflict compromises your objectivity or trust relationship, Clause 7(a) of the Code requires you to withdraw from representation. You should confirm termination in writing to the client (Clause 28(a)). You should also notify Immigration New Zealand or the Immigration and Protection Tribunal if applicable (Clause 28(b)) and update the client on their immigration matter (Clause 28(c)). 

If any reasons can be given, they will need to be assessed on a case-by-case basis. A general approach might be to provide a brief statement citing a professional conflict and compliance with the Code. This will likely need to be done without disclosing client-specific details.

Q6: Why isn’t including a conflict-of-interest clause in the written agreement, explaining it to the client, and obtaining their signature enough? Why must clients specifically initial that clause?
A: The Tribunal determines the application of the Code. In ZH v Ma [2025] NZIACT 30, the Tribunal stated that recording the conflict in the written agreement is sufficient if the client’s attention is drawn to it and they initial or sign that clause. The Tribunal further noted that best practice is a separate document for disclosure and consent.

Q7: When you have acted for both an employer and employee under AEWV, and the employee decides to leave after one year, can you act for the employee on a new AEWV?
A: Each case must be assessed individually. If a conflict of interest exists, manage it in accordance with the Code. Subject to that, you may be able to act for the client.