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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Immigration Advisers Authority and Registrar of Immigration Advisers

36: Registrar to develop competency standards

You could also call this:

“The Registrar makes rules for immigration advisers to follow”

The Registrar has to create, make, and keep up to date standards that licensed immigration advisers must meet. These standards need to include rules about qualifications, experience, knowledge, ongoing learning, and English communication skills.

The standards might be different depending on whether someone has or wants a full licence, a limited licence, or a provisional licence.

When making these standards, the Registrar must talk to the Minister and the Department, people who give immigration advice, and groups that represent people who need immigration advice.

The Registrar can only make these standards if the Minister agrees that enough people have been consulted and approves the proposed standards.

These competency standards are considered secondary legislation, which means they must follow certain rules about how they are published.

The Registrar can change, cancel, or replace these standards at any time, following the same process. However, for small updates or technical changes, the Registrar doesn’t need to consult with everyone again.

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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=DLM407341.

Topics:
Immigration and citizenship > Visas Business > Industry rules
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Part 1 Regulation of immigration advisers
Immigration Advisers Authority and Registrar of Immigration Advisers

36Registrar to develop competency standards

  1. The Registrar must develop, make, and maintain competency standards to be met by licensed immigration advisers.

  2. The competency standards must set out rules and criteria relating to—

  3. relevant qualifications:
    1. practical experience and knowledge:
      1. continuing professional development:
        1. communication in English.

          1. Competency standards may differ according to whether a person holds or is seeking a full licence, a limited licence, or a provisional licence.

          2. In developing competency standards, the Registrar must consult with—

          3. the Minister and the Department; and
            1. persons or representatives of persons who engage in the provision of immigration advice; and
              1. appropriate bodies or persons representing persons seeking or receiving immigration advice.

                1. The Registrar must not make competency standards unless the Minister—

                2. is satisfied that appropriate consultation has been carried out under subsection (4); and
                  1. has approved the proposed competency standards.

                    1. Competency standards are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    2. The Registrar may at any time amend, revoke, or replace any competency standards in the manner provided for in this section, except that he or she need not carry out consultation on matters involving minor corrections or updating, or otherwise of a minor, technical nature.

                    Notes
                    • Section 36(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 36(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 36(5A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                    • Section 36(6): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).