Plain language law

New Zealand law explained for everyone

Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Complaints and disciplinary procedures

51: Disciplinary sanctions

You could also call this:

“What happens if an immigration adviser does something wrong”

If you do something wrong as an immigration adviser, a special group called the Tribunal can give you different kinds of punishments. They might warn you or tell you off. They could make you do more training or fix a problem you have. The Tribunal can also stop you from working as an immigration adviser for a while or forever. They might change your licence to a less important one.

The Tribunal can also stop you from getting a new licence for some time or until you meet certain conditions. They might make you pay a fine of up to $10,000. You might have to pay for the costs of looking into what you did wrong. The Tribunal can tell you to give back money to people who paid you. They can also make you pay people back if you caused them problems.

When the Tribunal decides on a punishment, they will tell you and the person who complained about you. They will explain why they made that decision. If you don’t like the punishment, you can ask someone else to look at it again. This is called an appeal, and you can do this using section 81.

If the Tribunal tells you to fix something or do more training, and you don’t do it properly, you might lose your licence. If the Tribunal tells you to pay money as a fine or for costs, the government can make you pay it like you owe them money.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM407358.

Topics:
Immigration and citizenship > Visas Business > Industry rules Crime and justice > Courts and legal help
Previous

50A: Suppression orders, or

"The Tribunal can keep some information secret"

Next

51A: Lifting or varying order, or

"Asking to remove or change a rule that was given to you"

Part 1 Regulation of immigration advisers
Complaints and disciplinary procedures

51Disciplinary sanctions

  1. The sanctions that the Tribunal may impose are—

  2. caution or censure:
    1. a requirement to undertake specified training or otherwise remedy any deficiency within a specified period:
      1. suspension of licence for the unexpired period of the licence:
        1. suspension of licence until the Registrar is satisfied that the person meets specified conditions:
          1. a downgrade to the type of licence (for example, downgrading a full licence to a limited licence or a provisional licence):
            1. cancellation of licence:
              1. an order preventing the person from reapplying for a licence—
                1. for a specified period that the Tribunal considers appropriate; or
                  1. until the Registrar is satisfied that the person meets specified conditions; or
                    1. until the Tribunal is satisfied that the order may be lifted or varied in accordance with section 51A:
                    2. an order for the payment of a penalty not exceeding $10,000:
                      1. an order for the payment of all or any of the costs or expenses of the investigation, inquiry, or hearing, or any related prosecution:
                        1. an order directing the licensed immigration adviser or former licensed immigration adviser to refund all or any part of fees or expenses paid by the complainant or another person to the licensed immigration adviser or former licensed immigration adviser:
                          1. an order directing the licensed immigration adviser or former licensed immigration adviser to pay reasonable compensation to the complainant or other person.

                            1. The Tribunal must notify its decision to the complainant (if any) and the person complained about in writing, giving reasons for the decision.

                            2. A person subject to a sanction under this section has the right to appeal, under section 81, the Tribunal's decision to impose the sanction.

                            3. If an immigration adviser fails to demonstrate, to the satisfaction of the Registrar, compliance with a requirement imposed under subsection (1)(b), the adviser's licence is deemed to be cancelled at the end of the specified period.

                            4. Any payment ordered by the Tribunal under subsection (1)(f) or (g) may be recovered as a debt due to the Crown.

                            Notes
                            • Section 51(1)(c): replaced, on , by section 35(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                            • Section 51(1)(ca): inserted, on , by section 35(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                            • Section 51(1)(cb): inserted, on , by section 35(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                            • Section 51(1)(e): replaced, on , by section 35(2) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).