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Immigration Advisers Licensing Act 2007

Miscellaneous provisions - Independence of persons carrying out functions under Act

76: Independence of persons carrying out functions under Act

You could also call this:

“People who decide about immigration can't also decide about immigration advisers' licences”

This law is about making sure certain people don’t get jobs that involve making decisions about immigration advisers’ licences or doing inspections related to these licences.

You can’t have these jobs if:

You’re an immigration officer or a refugee and protection officer. These are special jobs defined in the Immigration Act 2009.

You’re someone who makes decisions about immigration matters.

You’re not a former immigration officer or refugee and protection officer, but you’ve made decisions about immigration matters in the last two years.

The reason for this law is to keep the process of giving out licences and doing inspections fair and independent. It stops people who are involved in immigration decisions from also being involved in decisions about who can give immigration advice.

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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=DLM407387.

Topics:
Government and jobs > Government departments Immigration and citizenship > Visas
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Part 2 Miscellaneous provisions
Independence of persons carrying out functions under Act

76Independence of persons carrying out functions under Act

  1. The following persons may not be employed or engaged to consider or decide applications for licences, or for renewals of licences, or to carry out inspections under this Act:

  2. an immigration officer or a refugee and protection officer (as defined in the Immigration Act 2009):
    1. any other person who exercises a power of decision in relation to an immigration matter:
      1. any person, other than a former immigration officer or refugee and protection officer, who has exercised a power of decision in relation to an immigration matter in the previous 2 years.

        Notes
        • Section 76: replaced, on , by section 38 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).