What are my responsibilities as a supervisor?
A supervisor’s responsibilities are set out at clause 12 of the Licensed Immigration Advisers Code of Conduct 2014.
Under clause 12 of the Licensed Immigration Advisers Code of Conduct 2014 (the Code), the supervisor must:
- hold a full immigration adviser licence
- ensure that any supervision fees charged are fair and reasonable in the circumstances
- act in accordance with the supervision agreement as approved by the Registrar
- preserve the confidentiality of the provisional licence holder’s clients
- where there is a close personal relationship with the provisional licence holder, ensure this does not compromise the supervision agreement between the parties
- inform the Registrar when any notice is given that the supervision agreement is to be terminated.
Supervisors must inform the provisional licence holder immediately if their licence expires, or is cancelled, surrendered or suspended.
Expectations of a supervisor
In order to be a supervisor, the Registrar would also expect you to:
- have sufficient experience as an immigration adviser
- provide direct supervision only within the scope of your own knowledge and skills
- provide direct supervision on the basis that you have supervision, leadership or management experience, and/or have completed a relevant training course
- have the ability to advise and provide direction to the provisional licence holder
- be available for regular consultation and meetings
- have current knowledge of issues facing the profession
- have an interest in supervising future full licence holders.
There is no limit placed on how many provisional licence holders a person can supervise at any one time. However the Registrar expects that supervisors consider their ability and capacity to be able to effectively supervise more than one provisional licence holder at a time.
The Immigration Advisers Licensing Act requires supervisors to hold a full immigration adviser licence. This means that New Zealand lawyers cannot be supervisors as they are prohibited from being licensed. Lawyers are bound by their own rules of conduct and it is important that supervisors are able to coach and mentor provisional licence holders in regard to the requirements and code of conduct for licensed immigration advisers.