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Immigration Advisers Licensing Act 2007

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

37: Registrar to develop code of conduct

You could also call this:

“Registrar makes rules for immigration advisers to follow”

The Registrar must create and maintain a set of rules for licensed immigration advisers to follow. These rules are called a code of conduct. The code of conduct tells immigration advisers how to behave professionally and ethically.

The code of conduct must cover several important areas. It will explain how advisers should treat their clients, how they should work with the government on immigration matters, and how to handle situations where their interests might conflict. The code will also talk about what information advisers need to share, how much they can charge, and how to deal with complaints from customers.

Before making the code, the Registrar needs to talk to different people. This includes the Minister and the Department, people who give immigration advice, and groups that represent people who need immigration advice.

The Minister must agree that the Registrar has talked to the right people and approve the code before it can be used. The code of conduct is considered a type of law called secondary legislation.

The Registrar can change the code of conduct at any time. They need to follow the same steps as when they first made it, except for small changes that aren’t very important.

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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=DLM407342.

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Part 1 Regulation of immigration advisers
Immigration Advisers Authority and Registrar of Immigration Advisers

37Registrar to develop code of conduct

  1. The Registrar must develop, make, and maintain a code of conduct to be observed by licensed immigration advisers.

  2. The code of conduct must address standards of professional and ethical conduct for licensed immigration advisers, including rules as to matters such as—

  3. obligations to clients:
    1. obligations to the Minister and Department handling immigration matters:
      1. conflicts of interest:
        1. disclosure requirements:
          1. the reasonableness of fees:
            1. the provision of consumer complaints procedures.

              1. In developing a code of conduct, the Registrar must consult with—

              2. 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 a code of conduct unless the Minister—

                    2. is satisfied that appropriate consultation has been carried out under subsection (3); and
                      1. has approved the proposed code.

                        1. A code of conduct is 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 code of conduct in the manner provided for in this section, except that it need not carry out consultation on matters involving minor corrections or updating, or otherwise of a minor, technical nature.

                        Notes
                        • Section 37(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 37(4): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 37(4A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                        • Section 37(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).