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Misrepresentation

Advisers

Clause 29:

A licensed immigration adviser must not misrepresent or promote in a false, fraudulent or deceptive manner:

  1. themselves, including their qualifications or their licence status or type
  2. their business
  3. their employees
  4. the client
  5. immigration opportunities or risks, or
  6. New Zealand’s immigration requirements.

Examples of misrepresentation that have been the subject of complaints to the Immigration Advisers Complaints and Disciplinary Tribunal include:

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

Fifita v Tangilanu

Decision: [2014] NZIACDT 108 (3 October 2014) (PDF, 128KB)

Penalty Decision: [2015] NZIACDT 15 (6 March 2015) (PDF, 156KB)

Yasin & Nawaz v Hammadieh

Decision: [2014] NZIACDT 71 (23 June 2014) (PDF, 157KB)

Penalty Decision:  [2015] NZIACDT 4 (27 January 2015) (PDF, 176KB)

HNL v SEC

Decision: [2013] NZIACDT 11 (19 March 2013) (PDF, 146 KB)

Penalty Decision: [2013] NZIACDT 36 (11 June 2013) (PDF, 10.8 KB)

What has changed compared to the 2010 Code?

2010 Code – required that advisers did not, in a false, fraudulent or deceptive manner, misrepresent or promote:

  • himself or herself
  • his or her business
  • his or her clients’ immigration opportunities
  • New Zealand’s immigration requirements

2014 Code – requires that advisers must not misrepresent or promote in a false, fraudulent or deceptive manner:

  1. themselves, including their qualifications or their licence status or type
  2. their business
  3. their employees
  4. the client
  5. immigration opportunities or risks, or
  6. New Zealand’s immigration requirements.