2014 Code of Conduct Toolkit
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:
- use of the Toolkit for a purpose for which it was not intended
- any errors or omissions in the Toolkit
- any inaccuracy in the information or data on which the Toolkit is based or which are contained in the document, or
- any interpretations or opinions stated in, or which may be inferred from, the Toolkit.
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.
The Immigration Advisers Authority (the Authority) has developed this Code of Conduct Toolkit to assist licensed immigration advisers (advisers) to:
- understand the professional responsibilities they have to clients and stakeholders under the Licensed Immigration Advisers Code of Conduct 2014 (Code)
- understand the professional practice requirements that they must adhere to under the Code
- be able to successfully identify, and address, any issues that arise in complying with the Code.
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:
- to set out a common statement of how advisers will behave when conducting their business with their clients - a statement to which all agree to subscribe, and by which all agree to be bound
- to guide advisers in their everyday business and professional decision-making, which enables them to meet the legitimate expectations of other stakeholders involved in the New Zealand immigration system
- to act as a written reference point in any complaints process or other proceedings.
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 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
Penalty Decision:  NZIACDT 87 (27 August 2015) (PDF, 181KB)
Kumar v Ahuja
Penalty Decision:  NZIACDT 105 (21 December 2015) (PDF, 174KB)
Musese v Min
Penalty Decision:  NZIACDT 60 (18 September 2013)(PDF, 96.7 KB)
McLeod v C Yap
Penalty Decision:  NZIACDT 43 (15 July 2013) (PDF, 92.4 KB)