Plain language law

New Zealand law explained for everyone

Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Offences

64: Offence of holding out as immigration adviser unless licensed or exempt

You could also call this:

“You can't say someone gives immigration advice if they're not allowed to”

This law says you can’t tell people that someone gives immigration advice if they’re not allowed to. You need to be licensed or exempt to give immigration advice. If you know someone isn’t licensed or exempt, and you say they give immigration advice, you’re breaking the law.

If someone told you in writing in the last year that a person wasn’t licensed or exempt, the law assumes you knew this when you said they give immigration advice.

You’re not breaking this law if you’re a company that provides immigration advice through people who are licensed or exempt.

If you break this law, you could go to prison for up to 2 years, or pay a fine of up to $10,000, or both.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407373.

Topics:
Immigration and citizenship > Visas Crime and justice > Criminal law
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63: Offence to provide immigration advice unless licensed or exempt, or

"You can only help with immigration if you have permission or don't need it"

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65: Offence of holding out as licensed immigration adviser, or

"It's against the law to say someone is a licensed immigration adviser when they're not"

Part 1 Regulation of immigration advisers
Offences

64Offence of holding out as immigration adviser unless licensed or exempt

  1. A person commits an offence who holds out that any person (including the person himself or herself) who is neither licensed under this Act to provide immigration advice, nor exempt from the requirement to be licensed to do so, provides immigration advice, knowing that the person is neither licensed nor exempt.

  2. For the purposes of subsection (1), a person charged with an offence under this section is deemed to know that the person held out as providing immigration advice was neither licensed nor exempt if, at any time within the 12 months preceding the date of the alleged offence, the person charged had been informed of that fact in writing by the Registrar or a person appointed to the Authority.

  3. A person does not commit an offence under subsection (1) by holding out that the person provides immigration advice if the person is a body corporate or other entity that is in the business of providing immigration advice through persons who are licensed or exempt from the requirement to be licensed.

  4. A person convicted of an offence under subsection (1) is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both.