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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Cancellation and suspension of licence, etc

28: Process for cancellation

You could also call this:

“How the Registrar cancels an adviser's licence”

If the Registrar wants to cancel your licence, they must follow a specific process. This process doesn’t apply if your licence is cancelled for certain reasons mentioned in other parts of the law.

The Registrar must write to you and tell you they plan to cancel your licence. In this letter, they need to explain why they want to do this. They also have to tell you that you have 10 working days to write back and explain why your licence shouldn’t be cancelled.

If you do write back within those 10 days, the Registrar must think about what you’ve said before making their final decision. After that, they need to decide whether to cancel your licence or not, and let you know as soon as they can.

If the Registrar decides to cancel your licence, they must tell you why and when it will happen. They also have to tell you that you can appeal this decision to a special group called the Tribunal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407332.

Topics:
Immigration and citizenship > Visas Business > Industry rules
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27: Cancellation of licence, or

"When and why an immigration adviser can lose their licence"

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29: Suspension of licence, or

"Your licence can be put on hold for a while"

Part 1 Regulation of immigration advisers
Cancellation and suspension of licence, etc

28Process for cancellation

  1. The process for cancellation of a licence other than under section 27(1)(e) or by determination of the Tribunal under section 51 is as follows:

  2. the Registrar must give the licensee written notice of his or her intention to cancel the licence; and
    1. the notice must—
      1. contain or be accompanied by a statement of the Registrar's reasons for the cancellation; and
        1. state that the licensee has 10 working days within which to make written representations to the Registrar as to why the licence should not be cancelled; and
        2. if any written representations are made by the licensee within the 10-working day period referred to in paragraph (b)(ii), the Registrar must take those representations into account in deciding whether or not to cancel the licence; and
          1. the Registrar must then decide whether or not to cancel the licence, and notify the licensee accordingly, as soon as practicable.

            1. If the Registrar decides to cancel the licence,—

            2. he or she must include in the notice under subsection (1)(d) the grounds for the decision and the date on which the cancellation takes effect; and
              1. he or she must also specify in the notice the right of the person to appeal to the Tribunal under section 55.