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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Offences

75: Time for filing charging document

You could also call this:

“When can someone be charged for breaking immigration adviser rules?”

When someone breaks certain rules in this law, there are time limits for when they can be charged. For some serious offences, there is no time limit. The government can charge someone at any time for these offences.

For other offences in this law, there is a time limit of two years. This two-year period starts from whichever happens first:

  1. When a government worker who enforces this law first finds out about the offence, or
  2. When a government worker should have reasonably known about the offence.

After this two-year period, the government can’t charge someone for breaking these rules anymore.

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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=DLM407384.

Topics:
Immigration and citizenship > Visas
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Part 1 Regulation of immigration advisers
Offences

75Time for filing charging document

  1. Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—

  2. a charging document may be filed at any time in respect of an offence against any of sections 63(1)(a), 64(1), 65(1), 67(1)(a), and 68(1)(a); and
    1. the limitation period in respect of an offence against any other offence against this Act ends on the date that is 2 years after the earlier of—
      1. the date when the incident, situation, or set of circumstances to which the offence relates first became known to an employee of the Department responsible for the enforcement of this Act; or
        1. the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to such an employee.

        Notes
        • Section 75: replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).