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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:

"Registrar creates rules for immigration advisers to follow"

Illustration for Immigration Advisers Licensing Act 2007

The Registrar has to make rules called competency standards for immigration advisers. You need to meet these standards to be a licensed immigration adviser. The standards are about things like qualifications and communication in English. The Registrar must talk to the Minister and other people when making these standards. The Minister has to agree to the standards before they are made. You can find out more about how these standards are published by looking at Part 3 of the Legislation Act 2019. The Registrar can change the competency standards at any time, but they usually have to talk to people first. They do not need to talk to people if the changes are small, like fixing a mistake. The Registrar's job is to make sure immigration advisers are competent and follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407341.

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Part 1Regulation 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).