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Misrepresentation

Former government officials

Clause 30:

Licensed immigration advisers who are former government officials must take special care to ensure representations regarding their qualifications and past employment are strictly factual and must not promote the notion that they may have special access or influence.

Under section 15(2) of the Immigration Advisers Licensing Act 2007, Ministers and Associate Ministers of Immigration in the New Zealand government or any immigration officer or refugee and protection officer (as defined in the Immigration Act 2009) are prohibited from being licensed as an immigration adviser while holding that office or employment or at any time within 12 months of leaving the office or employment.

After this 12 month stand down period an adviser who held one of these positions may not use their previous standing to promote the notion that they may have special access or influence.

What has changed compared to the 2010 Code?

2010 Code – did not make any specific mention of former government officials

2014 Code – requires that advisers who are former government officials must take special care to ensure representations regarding their qualifications and past employment are strictly factual and must not promote the notion that they may have special access or influence.