Plain language law

New Zealand law explained for everyone

Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Offences

68: Offence of employing or contracting unlicensed or non-exempt person as immigration adviser

You could also call this:

“It's against the law to hire someone as an immigration adviser if they're not allowed to do that job”

You can get in trouble if you hire someone as an immigration adviser who isn’t allowed to do that job. There are two ways this can happen. First, if you know the person isn’t allowed to be an immigration adviser but you hire them anyway. Second, if you hire someone as an immigration adviser without checking if they’re allowed to do the job.

If someone tells you in writing that the person you hired isn’t allowed to be an immigration adviser, and you keep employing them, you can get in trouble. This applies if you were told anytime in the last 12 months.

If you didn’t know the person was giving immigration advice, or if you tried really hard to make sure they were allowed to do the job, you might not get in trouble. But you have to prove that you did everything you could to check.

If you knowingly hire someone who isn’t allowed to be an immigration adviser, you could go to jail for up to 2 years or pay a fine of up to $10,000, or both. If you hire someone without checking if they’re allowed to be an immigration adviser, you might have to pay a fine of up to $10,000.

In both cases, the court might make you pay extra money on top of the fine. This extra money is explained in sections 71 and 72.

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 It might be out of date or be missing some parts.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=DLM407377.

Topics:
Immigration and citizenship > Visas Crime and justice > Criminal law
Previous

67: Offence of asking for or receiving fee or reward for immigration advice when neither licensed nor exempt, or

"You can get in big trouble for charging money for immigration advice if you're not allowed to give it"

Next

69: Offence to obstruct inspection, or

"You can get in trouble for stopping someone from doing their job"

Part 1 Regulation of immigration advisers
Offences

68Offence of employing or contracting unlicensed or non-exempt person as immigration adviser

  1. A person commits an offence who—

  2. employs or contracts, or continues to employ or contract, as an immigration adviser any person who is neither licensed to be an immigration adviser nor exempt from the requirement to be licensed, knowing that the person is neither licensed nor exempt; or
    1. employs or contracts, or continues to employ or contract, as an immigration adviser any person who is neither licensed to be an immigration adviser nor exempt from the requirement to be licensed.

      1. For the purposes of subsection (1)(a), a person charged with an offence under subsection (1)(a) is deemed to know that the person employed or contracted as an immigration adviser 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.

      2. It is a defence to a charge under subsection (1)(b) that the person to whom the charge relates—

      3. did not know that immigration advice was being provided and had exercised all reasonable care and due diligence to ensure that such advice was not provided; or
        1. did not know that the person concerned was not licensed to provide immigration advice and had exercised all reasonable care and due diligence to ensure that the person did have a licence.

          1. A person convicted of an offence under subsection (1)(a) is liable to—

          2. imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000, or both; and
            1. any additional amount imposed by the court under section 71 or 72.

              1. A person convicted of an offence under subsection (1)(b) is liable to—

              2. a fine not exceeding $10,000; and
                1. any additional amount imposed by the court under section 71 or 72.