Fitness for licensing

Fitness requirements

The Registrar of Immigration Advisers (the Registrar) must be satisfied that an applicant is not prohibited from licensing under section 15 of the Immigration Advisers Licensing Act 2007 (the Act) and is fit to be licensed under sections 16 and 17 of the Act. 

Prohibited from licensing

Section 15(1) of the Act states that an applicant is prohibited from licensing if they:

• are an undischarged bankrupt
• are prohibited or disqualified under any of the provisions of sections 382, 383, or 385 of the Companies Act 1993 (or any corresponding provision of the Companies Act 1955) from managing a company
• have been convicted of an offence against the Immigration Act 2009, the Immigration Act 1987 or the Immigration Act 1964
• have been removed or deported from New Zealand under the Immigration Act 2009, the Immigration Act 1987 or the Immigration Act 1964
• are unlawfully in New Zealand.

Section 15(2) of the Act states that persons who hold any of the following offices are prohibited from being licensed while holding the office, or at any time within 12 months after leaving the office: 

• Ministers of Immigration in the New Zealand Government
• Associate Ministers of Immigration in the New Zealand Government.

Section 15(3) of the Act states that persons who are employed in any of the following roles (as defined in the Immigration Act 2009) are prohibited from being licensed: 

• immigration officer 
• refugee and protection officer (as defined in the Immigration Act 2009)

The Registrar has no discretion to licence a person prohibited from licensing.

Restricted from licensing

Section 16 of the Act identifies persons who are restricted from licensing and establishes a presumption against licensing.

The Registrar can overturn this restriction if satisfied that the nature of the offence or matter that brings about the restriction is unlikely to adversely affect the applicant’s fitness to provide immigration advice.

The following persons are subject to a restriction on licensing:

• persons who have been convicted, whether in New Zealand or in another country, of a crime involving dishonesty, an offence resulting in a term of imprisonment, or an offence against the Fair Trading Act 1986 (or any equivalent law of another country)
• persons who have been convicted of an offence under the Immigration Advisers Licensing Act 2007
• persons who under the law of another country:               
  • are an undischarged bankrupt
  • have been prohibited or disqualified from managing a company
  • have been convicted of an immigration offence
  • have been removed or deported from the country.
• a person to whom Section 15(1)(a) or (b) has applied in the past.

Other matters relevant to fitness for licensing

Section 17 of the Act sets out other matters that the Registrar may consider when considering the fitness of an applicant:

• any conviction, whether in New Zealand or in another country, for an offence of a kind other than those referred to in sections 15 and 16
• any disciplinary proceedings, whether in New Zealand or in another country, and whether in relation to the provision of immigration advice or in relation to the conduct of any other occupation or profession, taken or being taken against the person (including any past cancellation or suspension of a licence under this Act, or any non-compliance with any sanction imposed under this Act)
• whether or not the person is related by employment or association to a person to whom a licence would be refused under sections 15, 16 or 17
• any other matters that the Registrar considers relevant

Fitness assessment process

The Registrar bases the fitness decision on information you (the applicant) provide, a New Zealand Criminal Record History from the New Zealand Ministry of Justice and/or an equivalent international agency and any other relevant information.

The licence application form requires you to answer questions about your fitness for licensing. 

• if you answer ‘yes’ to any of the questions relevant to section 15 of the Act (and the Criminal Records (Clean Slate) Act 2004 does not apply), you are prohibited from applying for a licence and will not be able to submit your application
• if you answer ‘yes’ to any of the questions relevant to sections 16 (and the Criminal Records (Clean Slate) Act 2004 does not apply) and 17 of the Act, you will be prompted to provide supporting documents detailing the circumstances surrounding the relevant matter and your fitness to hold a licence will be assessed. 

As part of this fitness assessment, we will consider the supporting documents supplied with the application and if necessary, seek further information from you or consent from you to seek information from third parties.

In the event there are any concerns arising from information supplied, we will inform you of these concerns and provide you with an opportunity to comment.

Your application will be refused in the event that the Registrar determines you are not fit to hold a licence.