26 January 2005
Regulating immigration advisors
A Bill to regulate immigration advisors is to be introduced to Parliament in May, Immigration Minister Paul Swain
announced today.
The Bill will require all immigration advisors who assist migrants and asylum seekers wanting to live in New Zealand to
be licensed. It is estimated at least 1000 advisors may be affected.
Paul Swain said the industry is currently unregulated with only a small number of advisors belonging to any professional
bodies. The legislation will bring New Zealand into line with countries such as Canada, Britain and Australia. It will
become an offence to provide immigration advice without a licence, for a person to say they hold a licence when they
don’t or say they are licensed to give advice when they aren’t. Offenders could face a fine of up to $100,000, seven
years imprisonment or both.
“We are regulating the industry to protect migrants and potential migrants. The vast majority of advisors act
professionally and ethically. This legislation sends a strong message that the government will not tolerate the small
number of crooks who prey on vulnerable people wanting to live in New Zealand," Paul Swain said.
An independent governing body will be established as a separate authority within the Labour Department. It will provide
minimum standards for the industry, administer a code of conduct, and organize professional training for licensed
advisors as well as establish complaint and redress procedures.
Once legislation is passed the Immigration Service will refuse an application put forward by an advisor if they are
unlicensed. The legislation will also include offshore advisors who will be able to opt-in to the licensing regime for
the first three years. After that it will be mandatory.
Certain occupations with existing consumer protection mechanisms, such as lawyers, will be exempt. The detailed costings
of the scheme have not been completed but licenses are expected to cost $1000-$2000 a year. The not-for-profit sector
will be subject to regulation, but will not pay the full licensing fee. All advisors will have to be licensed within two
years of the Act coming into force.
Further information on the proposed legislation, including Cabinet papers, will be available tomorrow at
www.immigration.govt.nz/community/stream/advise .
ENDS