5 May, 2008
Cosgrove officially launches the Immigration Advisers Authority
Venue: Room 2.03 Executive Wing, Parliament Buildings, Wellington
Time: 5.30pm, Monday 5 May 2008
The Registrar of the Immigration Advisers Authority Barry Smedts; the Chief Executive of the Department of Labour,
Christopher Blake; the former Minister of Immigration, the Hon Aussie Malcolm; Peter Cotton, the Director of RMS Refugee
Resettlement; Richard Howard, the Chair of the New Zealand Association for Migration and Investment; the Acting Chief
Executive of the Citizens Advice Bureau, Ken Spencer; members of the immigration advisory industry; migrant community
representatives: special guests; ladies and gentlemen.
Good afternoon and a warm welcome to you all. I am pleased to be here today to officially launch the licensing of
Immigration Advisers in New Zealand.
This is an important step for New Zealand. Immigration is critical to New Zealand’s economy. Migrants drive innovation,
give our businesses international connections, and provide a range of skills to transform our economic landscape.
Immigration has also long been a cornerstone of our national identity, enhancing our social and cultural diversity,
strengthening families and communities and promoting New Zealand's international interests.
New Zealanders recognise this and see immigration as a vital part of our culture. However, they also look to the
government to manage the risks inherent in the immigration industry.
Getting to today’s launch has taken some time. Over a number of years, concerns had been raised about the varying
quality of immigration advice being given to prospective migrants. Many cases were reported of migrants and refugees who
had been seriously disadvantaged through poor or fraudulent immigration advice.
The idea of licensing Immigration Advisers was first formally mooted in June 2000. Research was then undertaken by the
government, followed by consultation with the industry during 2003 - 2004. Following this, the Immigration Advisers
Licensing Bill was put before the House in June 2005 and passed into law in May 2007.
Under the new law, anyone who provides advice about New Zealand immigration matters will have to be licensed (unless
they are exempt). By making Immigration Advisers a regulated profession, the Act seeks to protect new and potential
migrants. It also supports Advisers who work ethically and within the law, and therefore enhances the reputation and
integrity of New Zealand’s entire immigration system.
I cannot stress enough what an important change this is for the whole sector. Before the new law was passed, anyone
could call themselves an Adviser, whether or not they were competent to give immigration advice. The actions of some
dodgy operators caused serious harm to a number of migrants, and these “cowboys” also damaged the reputations of
legitimate, professional Advisers.
The types of offences committed by these cowboy operators were serious. A Department of Labour report identified
problems such as the lodging of unfounded/abusive refugee status claims without the client's knowledge; inaccurate
advice about immigration policy leading to poor and costly decisions; the theft of money and documents; the failure to
lodge applications and appeals; the failure to pass on information from the Department to the client, and Advisers
knowingly submitting false information or fraudulent documents to the Department.
Some applicants suffered serious financial loss due to high fees and unsuccessful settlement in New Zealand. Some also
suffered damage to careers, family dislocation, significant personal hardship and were unable to gain approval to
re-enter New Zealand. The cumulative harm caused was in many cases significant, and irreversible in others.
The government’s move to stamp out these unscrupulous agents benefits us all.
Migrants are making a huge commitment when they uproot their lives and decide to apply to make New Zealand their new
home. It is not an easy decision to distance yourself from your family and friends, and all you hold dear. And although
we know we live in the best country in the world, our relative geographic isolation and small size can be a daunting
prospect for some migrants.
Given those challenges, the last thing you want to worry about is whether or not your Adviser knows what he or she is
talking about.
People who choose to live and work in New Zealand deserve certainty about the immigration advice they receive. They need
to know that they will get correct and relevant information, and that their best interests will be served. Licensing
will help make that happen.
Licensing will also ensure that Advisers are supported so that they can give their clients the sound advice and
professional service they deserve. To get and keep a licence, Advisers will have to prove their immigration expertise by
meeting competency standards. Licensed Advisers will also have to adhere to a code of conduct, which will increase
industry-wide professionalism and ethical behaviour.
The new law provides for stiff penalties for fraudulent or unlicensed Advisers. Licensed Advisers who break the law can
have their licence revoked, be fined up to $10,000 and jailed for up to two years. Unlicensed people who are caught
providing immigration advice can be sentenced to up to 7 years in prison and/or be fined up to $100,000. The Act also
allows the courts to award reparation to victims. It all adds up to an accessible, transparent avenue of redress for
migrants and a high level of protection for Advisers who practise fairly and within the law.
Clearly, licensing is going to be of real benefit to migrants, our communities and honest, ethical Immigration Advisers
who want their professionalism recognised. Immigration Adviser licensing offers consumers protection and support for
true industry professionals, and I am proud to be the Minister responsible for this very positive change.
It is with great pleasure that I officially launch the Immigration Advisers Authority.
ENDS