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Immigration Advisers Licensing Act 2007

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

13: Process for Minister to make recommendation

You could also call this:

“How the Minister decides who doesn't need a licence to be an immigration adviser”

You need to know about how the Minister makes a recommendation for exempting someone from needing a licence as an immigration adviser. The Minister can’t just make a recommendation without doing some things first. They need to get a report from the Registrar that looks at the proposed exemption or removal of an exemption. Then, the Minister has to share this report with people they think should see it, and talk to them about it. If the Minister wants to give someone an exemption, they need to be sure that the person meets all the requirements for an exemption.

When the Minister is deciding if someone should be exempt, they have to think about some important things. These include how the person or group will treat their clients, if there might be any conflicts of interest, and how they will tell people important information. The Minister also needs to consider if there’s a way for consumers to complain, what standards the person or group has to follow, how their work will be checked, and if they will keep learning new things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407314.

Topics:
Immigration and citizenship > Visas
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12: Exemption, or removal of exemption, by Order in Council, or

"Governor-General can make or remove rules about who needs a licence to help with immigration"

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14: Review of exemptions, or

"The Registrar checks exemptions and reports to the Minister, who can suggest changes"

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

13Process for Minister to make recommendation

  1. The Minister must not make a recommendation under section 12(2) unless the Minister—

  2. has received a report from the Registrar that assesses the proposed exemption or removal of the exemption; and
    1. has provided the Registrar's assessment to, and has consulted with, such persons and organisations as the Minister considers appropriate; and
      1. in the case of an exemption, is satisfied that the criteria for an exemption are met (including by considering the matters specified in subsection (2), where appropriate).

        1. In assessing whether the criterion for exemption specified in section 12(3)(a)(ii) is met, the Minister must, in respect of the person or class of persons being considered for exemption, have regard (where appropriate) to such matters as—

        2. obligations to clients:
          1. the existence or likelihood of conflicts of interest:
            1. disclosure requirements:
              1. the provision of consumer complaints procedures:
                1. membership standards:
                  1. the monitoring and supervision of the performance of individuals:
                    1. provision for ongoing training.