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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Complaints and disciplinary procedures

53: Suspension of licence pending outcome of complaint

You could also call this:

“The adviser's licence can be put on hold if someone complains about them”

The Tribunal can pause an immigration adviser’s licence if someone complains about them. This can happen if the complaint has been sent to the Tribunal or is being prepared for them. The Tribunal needs to think it’s necessary to protect the public.

If the Tribunal wants to pause a licence, they must tell the adviser in writing. They need to explain why and give the adviser 10 working days to respond. The Tribunal must consider what the adviser says before deciding.

After this, the Tribunal decides whether to pause the licence or not. If they do pause it, they must tell the adviser when it starts and how long it will last. They also need to explain why they made this decision.

The Tribunal must also tell the adviser that they can appeal this decision in the District Court if they don’t agree with it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407360.

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Immigration and citizenship > Visas Business > Industry rules
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Part 1 Regulation of immigration advisers
Complaints and disciplinary procedures

53Suspension of licence pending outcome of complaint

  1. The Tribunal may suspend a licence if—

  2. a complaint has been made about the licensed immigration adviser; and
    1. the complaint—
      1. has been referred to the Tribunal by the Registrar under section 45(3) or 46(2); or
        1. is being prepared for submission to the Tribunal; and
        2. the Tribunal considers that it is necessary or desirable to suspend the licence having regard to the interests of the public.

          1. The process for suspending a licence under this section is as follows:

          2. the Tribunal must give the licensee written notice of its intention to suspend the licence; and
            1. the notice must—
              1. contain or be accompanied by a statement of the Tribunal's reasons for the intended suspension; and
                1. state that the licensee has 10 working days within which to make written representations to the Tribunal as to why the licence should not be suspended; and
                  1. state the proposed period or otherwise describe the proposed duration of the suspension; and
                  2. if any written representations are made by the licensee within the 10-working day period referred to in paragraph (b)(ii), the Tribunal must take those representations into account in deciding whether or not to suspend the licence, or the period or duration of the suspension; and
                    1. the Tribunal must then decide whether or not to suspend the licence, and notify the licensee accordingly, as soon as practicable.

                      1. If the Tribunal decides to suspend the licence, the Tribunal must—

                      2. include in the notice under subsection (2)(d) the grounds for the decision, the date on which the suspension takes effect, and the period or duration of the suspension; and
                        1. specify in the notice the right of the licensee to appeal to the District Court under section 81.

                          Notes
                          • Section 53(1): replaced, on , by section 37 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                          • Section 53(3)(a): amended, on , by section 71 of the Statutes Amendment Act 2019 (2019 No 56).