Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Immigration advisers to be licensed, unless exempt

7: What constitutes immigration advice

You could also call this:

“This explains what counts as helping someone with their immigration to New Zealand”

Immigration advice means using knowledge or experience about immigration to help, guide, or represent someone else with an immigration matter related to New Zealand. This can be done directly or indirectly, and it doesn’t matter if you get paid for it or not.

However, some things are not considered immigration advice. These include:

  1. Giving out information that anyone can access or that the Department provides.
  2. Telling someone to contact the Minister, the Department, an immigration officer, a refugee and protection officer, or giving them a list of licensed immigration advisers.
  3. Doing paperwork, translating, interpreting, or providing settlement services.

It’s important to know that if you’re acting under the Ombudsmen Act 1975 or any other law that gives Ombudsmen their duties, you’re not considered to be giving immigration advice.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407307.


Previous

6: Prohibition on providing immigration advice unless licensed or exempt, or

"You can't give immigration advice unless you have a special permission or don't need one"


Next

8: Offshore immigration advice, or

"Rules for people giving immigration advice from outside New Zealand"

Part 1 Regulation of immigration advisers
Immigration advisers to be licensed, unless exempt

7What constitutes immigration advice

  1. In this Act, immigration advice

  2. means using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist, or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward; but
    1. does not include—
      1. providing information that is publicly available, or that is prepared or made available by the Department; or
        1. directing a person to the Minister or the Department, or to an immigration officer or a refugee and protection officer (within the meaning of the Immigration Act 2009), or to a list of licensed immigration advisers; or
          1. carrying out clerical work, translation or interpreting services, or settlement services.
          2. To avoid doubt, a person is not considered to be providing immigration advice within the meaning of this Act if the person provides the advice in the course of acting under or pursuant to—

          3. the Ombudsmen Act 1975; or
            1. any other enactment by which functions are conferred on Ombudsmen holding office under that Act.
              Notes
              • Section 7(1)(b)(ii): substituted, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
              • Section 7(2): added, on , by section 4 of the Immigration Advisers Licensing Amendment Act 2010 (2010 No 67).