A repeat offender who provided immigration advice while being unlicensed and, in some cases, received payments from his clients, has been sentenced to two years and nine months in prison on 9 October 2024. He has been ordered to pay three of his victims a total of $1,600 in reparation by the Auckland District Court.

Earlier this year, the jury found Romney Lavea guilty of six counts of giving immigration advice without a licence or being exempt, and four counts of receiving a fee or reward under the Immigration Advisers Licensing Act 2007 (the Act).

Mr Lavea, who has a couple of aliases, continued to provide advice despite being warned not to by the Immigration Advisers Authority (IAA) in July 2011 and even after charges were filed in May 2022. Mr Lavea was previously sentenced in 2008 to two years in prison for immigration related offending.

Seven of his victims gave evidence at his trial.

This is a classic example where Mr Lavea exploited vulnerable immigrants within the Samoan community, especially people from his own Pacifica community, says Jyoti Issar, Manager Investigations, Occupational Regulation in the Ministry of Business, Innovation & Employment.

Mr Lavea had advised one of his victims to get married to regularise her partner’s immigration status. The husband of this victim left her once the visa was granted soon after the marriage.

Mr Lavea advised another victim, who was unlawfully residing in New Zealand, to remain in New Zealand contrary to the advice provided by Immigration New Zealand.

He also endorsed the idea of one of the applicants adopting out his children here in New Zealand to increase their chances of getting a visa.

The offending continued for a period of over 10 years.

“Mr Lavea benefitted financially by exploiting vulnerable migrants, mishandling their applications, providing wrong advice at times, and creating false email accounts to conceal his identity and involvement,” Ms Issar says.

“While Mr Lavea was completely aware that he was required to be licensed to provide immigration advice, he took no steps to comply with the Act by applying for a licence.”

The IAA focuses on protecting migrants, who come to harm as a result of the actions of unlicensed individuals providing immigration advice and holding people to account if they breach the Act.

“This sentence sends a message to people that this type of wilful and deliberate offending is not only unacceptable, but unlawful and will not be tolerated. In cases like these, we will not hesitate to press criminal charges.”

Notes:

Migrants who are concerned about the service they have received from a Licensed Immigration Adviser can contact the Authority and lodge a complaint.

IAA also investigates complaints made by the public about individuals who provide immigration advice without a licence. Individuals found breaking the law can face up to seven years in prison and a fine of up to $100,000.

IAA’s online register of licensed immigration advisers is available for those who want to search for a licensed immigration adviser. More information on the Authority can be found on the website. New Zealand Immigration Advisers Authority | iaa.govt.nz.

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