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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Offences

65: Offence of holding out as licensed immigration adviser

You could also call this:

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

You are not allowed to pretend that someone is a licensed immigration adviser if they are not. This includes saying that you yourself are a licensed immigration adviser when you are not. If you do this knowing that the person is not licensed, you are breaking the law.

If the Registrar or someone from the Authority told you in writing in the last 12 months that a person was not licensed, the law assumes you knew they were not licensed.

If you break this law, you could go to prison for up to 2 years, or you might have to 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=DLM407374.

Topics:
Crime and justice > Criminal law Immigration and citizenship > Visas
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64: Offence of holding out as immigration adviser unless licensed or exempt, or

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

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66: Offence to provide false or misleading information, or

"You can get in trouble for giving wrong information when applying for a licence"

Part 1 Regulation of immigration advisers
Offences

65Offence of holding out as licensed immigration adviser

  1. A person commits an offence who holds out that any person (including the person himself or herself) who is not a licensed immigration adviser is a licensed immigration adviser, knowing that the person does not hold a licence.

  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 being a licensed immigration adviser was not licensed 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 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.