Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Immigration Advisers Licensing Act 2007

261: New sections 56 and 57 substituted

You could also call this:

"New rules for inspecting immigration advisers"

When you are dealing with immigration advice, there are rules to follow. The powers to inspect are used for certain purposes, such as managing the licensing system, looking into complaints about people who give immigration advice, and investigating offences under the Act. You can find more information about the licensing system in the Immigration Advisers Licensing Act 2007.

If someone is authorised by the Registrar, they can enter premises to inspect for a purpose set out in section 56. They can do this if they think a licensed immigration adviser or someone who has applied to be licensed works there. They can also question people, ask for documents, and take copies of them.

If someone is asked to produce documents, they must do it straight away. There are also rules from the Search and Surveillance Act 2012 that apply to these inspections. These rules help make sure everything is done fairly and properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137004.


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260: Amendments to Immigration Advisers Licensing Act 2007, or

"Changes to the law about immigration adviser licences"


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262: Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007, or

"Changes to the Immigration Advisers Licensing Act 2007 rules"

Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Immigration Advisers Licensing Act 2007

261New sections 56 and 57 substituted

  1. Sections 56 and 57 are repealed and the following sections substituted:

    56Purposes of inspection

    1. The powers in section 57 may be used for 1 or more of the following purposes:

    2. administering the licensing regime:
      1. obtaining information in relation to complaints in respect of persons who are or have formerly been licensed to provide immigration advice:
        1. obtaining information in respect of persons who have applied to be licensed:
          1. investigating offences under this Act.

            57Inspection powers

            1. Any person authorised by the Registrar may, for a purpose set out in section 56,—

            2. at any reasonable time, enter any premises where the person has good cause to suspect that—
              1. any licensed immigration adviser or former licensed immigration adviser works or has worked in the past 2 years; or
                1. any person who has applied to be licensed as an immigration adviser works; or
                  1. a person provides immigration advice or contracts or employs a person to provide immigration advice:
                  2. question any licensed immigration adviser, former licensed immigration adviser, or other person at any premises of a kind described in paragraph (a):
                    1. require a person of a kind described in paragraph (a) to produce for inspection relevant documents in that person's possession or under that person's control:
                      1. inspect and take copies of documents referred to in paragraph (c):
                        1. retain documents referred to in paragraph (c), if there are grounds for believing that they are evidence of the commission of an offence.
                          1. If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.

                          2. The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.