Part 1
Regulation of immigration advisers
Immigration advisers to be licensed, unless exempt
7What constitutes immigration advice
In this Act, immigration advice—
- 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
- does not include—
- providing information that is publicly available, or that is prepared or made available by the Department; or
- 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
- carrying out clerical work, translation or interpreting services, or settlement services.
- providing information that is publicly available, or that is prepared or made available by the Department; or
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—
- the Ombudsmen Act 1975; or
- 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).