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Misrepresentation

Advisers

boxout tip Clause 29:

A licensed immigration adviser must not misrepresent or promote in a false, fraudulent or deceptive manner:

  1. themselves, including their qualifications or their licence status or type
  2. their business
  3. their employees
  4. the client
  5. immigration opportunities or risks, or
  6. New Zealand’s immigration requirements.

Examples of misrepresentation that have been the subject of complaints to the Immigration Advisers Complaints and Disciplinary Tribunal include:

  • advertising that a visa is 100% guaranteed – an adviser cannot make this claim as they are not the decision-maker
  • knowingly providing misleading or false information to Immigration New Zealand
  • being dishonest about qualifications held by the adviser.

Here are some decisions from the Immigration Advisers Complaints and Disciplinary Tribunal that refer to misrepresentation:

Fifita v Tangilanu

Decision: [2014] NZIACDT 108 (3 October 2014) (PDF, 128KB)(external link)

Penalty Decision: [2015] NZIACDT 15 (6 March 2015) (PDF, 156KB)(external link)

Yasin & Nawaz v Hammadieh

Decision: [2014] NZIACDT 71 (23 June 2014) (PDF, 157KB)(external link)

Penalty Decision: [2015] NZIACDT 4 (04 January 2015) (PDF, 176KB)(external link)

HNL v SEC

Decision: [2013] NZIACDT 11 (19 March 2013) (PDF, 146 KB)(external link)

Penalty Decision: [2013] NZIACDT 36 (11 June 2013) (PDF, 10.8 KB)(external link)

boxout tip What has changed compared to the 2010 Code?

2010 Code – required that advisers did not, in a false, fraudulent or deceptive manner, misrepresent or promote:

  • himself or herself
  • his or her business
  • his or her clients’ immigration opportunities
  • New Zealand’s immigration requirements

2014 Code – requires that advisers must not misrepresent or promote in a false, fraudulent or deceptive manner:

  1. themselves, including their qualifications or their licence status or type
  2. their business
  3. their employees
  4. the client
  5. immigration opportunities or risks, or
  6. New Zealand’s immigration requirements.
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