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2014 Code of Conduct Toolkit

Acknowledgements

Segments of this publication draw on reading material prepared for the Immigration Advisers Authority’s Licensed Immigration Advisers Code of Conduct Workshop that was published in November 2009. In that material, the New Zealand Council of Legal Education, Advanced Business Education Limited (a wholly owned subsidiary of the New Zealand Institute of Chartered Accountants), and the Migration Institute of Australia were recognised for their contributions. The use of readings drawn from the Institute of Professional Legal Studies’ Professional Responsibility Law Office Management and Interviewing Seminars was also acknowledged.

Segments of this publication have also been adapted from the Australian government publications Office of the Migration Agents Registration Authority Ethics Toolkit and Client Monies Toolkit. We gratefully acknowledge the support of Australia’s Department of Immigration and Citizenship www.immi.gov.au in making its publications available to us.

We gratefully acknowledge the support of the Licensed Advisers Reference Group 2013 for their feedback on this publication.

Disclaimer

The Immigration Advisers Authority has made every effort to ensure that, at the date of publication, this Toolkit is free from errors and that advice and information drawn upon have been provided in good faith. Neither the Immigration Advisers Authority nor any person or organisation associated with the preparation of this Toolkit accepts liability for any loss which a user of this Toolkit may suffer as a result of reliance on the Toolkit and in particular for:

Many Immigration Advisers Complaints and Disciplinary Tribunal decisions referenced in this publication were made at the time the Licensed Immigration Advisers Code of Conduct 2010 was in force.

This document is intended to provide guidance to licensed immigration advisers only.

Nothing in this document should be taken as a substitute for legal advice, and in no case will the Immigration Advisers Authority or the Ministry of Business, Innovation and Employment be responsible for the adequacy or inadequacy at law of any purported reliance on this document.

Advisers should take such independent legal advice as they consider appropriate, regarding their obligations as licensed immigration advisers.

Purpose

The Immigration Advisers Authority (the Authority) has developed this Code of Conduct Toolkit to assist licensed immigration advisers (advisers) to:

By publishing this document, the Authority seeks to:

  • foster transparency, consistency and professionalism
  • encourage meaningful discussion that will contribute positively to the on- going development of the immigration advice profession
  • contribute to better overall outcomes for the New Zealand immigration system
  • encourage the sharing of information to enhance the continuing professional development of licensed immigration advisers.

The Licensed Immigration Advisers Code of Conduct 2014

The Code has three key purposes:

The Code of Conduct Toolkit may be read in conjunction with the Ethics Toolkit which may assist advisers to make professional and ethically responsible decisions.

Individual responsibility

Individual licensed immigration advisers are responsible for adhering to the Code. This means that advisers who are employees of a company are still responsible for adhering to the Code. Advisers who are employees should discuss their responsibilities under the Code with their employer.

Here are some decisions from the Immigration Advisers Complaints and Disciplinary Tribunal that refer to employee responsibility:

Slinger v Zhou

Decision: [2015] NZIACDT 38 (15 April 2015) (PDF, 246KB)

Penalty Decision: [2015] NZIACDT 87 (27 August 2015) (PDF, 181KB)

Kumar v Ahuja

Decision: [2014] NZIACDT 120 (19 December 2014) (PDF, 127KB)

Penalty Decision: [2015] NZIACDT 105 (21 December 2015) (PDF, 174KB)

Musese v Min

Decision: [2013] NZIACDT 24 (4 April 2013) (PDF, 119 KB)

Penalty Decision: [2013] NZIACDT 60 (18 September 2013)(PDF, 96.7 KB)

McLeod v C Yap

Decision: [2013] NZIACDT 19 (28 March 2013) (PDF, 176 KB)

Penalty Decision: [2013] NZIACDT 43 (15 July 2013) (PDF, 92.4 KB)