Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Complaints and disciplinary procedures

45: Procedure on receipt of complaint by Registrar

You could also call this:

“What happens when someone complains about an immigration adviser”

When someone makes a complaint about a licensed immigration adviser or former licensed immigration adviser, the Registrar has several options. They can reject the complaint if it doesn’t meet certain criteria or if it doesn’t show any of the reasons for complaints listed in the law. The Registrar can also decide not to pursue a complaint if it’s about something very small or unimportant.

The Registrar might ask you to try using the immigration adviser’s own complaint process first. If the Registrar thinks the complaint needs to be looked at further, they will send it to a special group called the Tribunal to decide what to do.

The Registrar can also ask the Tribunal if they should stop the immigration adviser from working for a while. If the complaint goes to the Tribunal, the Registrar will get it ready and give it to them.

If the Registrar decides not to pursue the complaint, they will tell you in writing. If they reject your complaint because it doesn’t show any reasons for complaints or because it’s about something very small, they will also tell you that you can appeal this decision to 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=DLM407352.


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Part 1 Regulation of immigration advisers
Complaints and disciplinary procedures

45Procedure on receipt of complaint by Registrar

  1. On receiving a complaint concerning a licensed immigration adviser or former licensed immigration adviser, the Registrar may—

  2. determine that the complaint does not meet the criteria set out in section 44(3), and reject it accordingly:
    1. determine that the complaint does not disclose any of the grounds of complaint listed in section 44(2), and reject it accordingly:
      1. determine that the complaint discloses only a trivial or inconsequential matter, and for this reason need not be pursued:
        1. request the complainant to consider whether or not the matter could be best settled by the complainant using the immigration adviser's own complaints procedure.
          1. If the Registrar determines that the complaint should not be dealt with under subsection (1), the Registrar must refer the complaint to the Tribunal for determination.

          2. The Registrar may refer a complaint to the Tribunal for a determination as to whether the licence of the immigration adviser concerned should be suspended under section 53.

          3. If the complaint is to be referred to the Tribunal under subsection (2), the Registrar must—

          4. prepare the complaint for submission to the Tribunal under section 47; and
            1. file the complaint with the Tribunal under section 48.
              1. If the Registrar makes a determination of any of the kinds referred to in subsection (1)(a) to (c), the Registrar must—

              2. notify the complainant of the relevant determination in writing; and
                1. in the case of a determination under subsection (1)(b) or (c), notify the complainant of the right to appeal to the Tribunal under section 54.