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Professional responsibilities

General

  1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner.

Client care

  1. A licensed immigration adviser must:
    1. maintain a relationship of confidence and trust with the client and provide objective advice
    2. acknowledge the cultural norms and values of the client
    3. facilitate the provision of interpreters and translators as appropriate
    4. where appropriate, advise the client when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention
    5. obtain and carry out the informed lawful instructions of the client, and
    6. when requested, assist the client to access information about the Treaty of Waitangi and tikanga (Māori customs and traditions).

Legislative requirements

  1. A licensed immigration adviser must:
    1. if operating in New Zealand, act in accordance with New Zealand law
    2. if operating offshore, act in accordance with the law of the jurisdiction they are operating in, and
    3. whether in New Zealand or offshore, act in accordance with New Zealand immigration legislation, including the Immigration Act 2009, the Immigration Advisers Licensing Act 2007 and any applicable regulations.

Confidentiality

  1. A licensed immigration adviser must:
    1. preserve the confidentiality of the client except in the following circumstances:
      1. with the client’s written consent, or
      2. if making a complaint to the Immigration Advisers Authority relating to another adviser or reporting an alleged offence under the Immigration Advisers Licensing Act 2007, or
      3. for the administration of the Immigration Advisers Licensing Act 2007, or
      4. as required by law, and
    2. require that any employees or other persons engaged by the adviser also preserve the confidentiality of the client.

Conflicts of interest

  1. Where a licensed immigration adviser is aware that there is a potential or actual conflict of interest relating to the client, including the existence of any financial or non-financial benefit the adviser will receive as a result of the relationship with the client, the adviser must disclose the potential or actual conflict to the client in writing.
  2. Where a licensed immigration adviser is aware that there is a potential or actual conflict of interest relating to the client, the adviser may only represent or continue to represent the client where the client gives written consent.
  3. A licensed immigration adviser must not in any circumstances represent or continue to represent the client where they are aware that there is an actual conflict of interest that means:
    1. the adviser’s objectivity or the relationship of confidence and trust between the adviser and the client would be compromised, or
    2. the adviser would breach the confidentiality of a client.

Work within limits of knowledge and skills

  1. A licensed immigration adviser must:
    1. work within the scope of their individual knowledge and skills, or under direct supervision if a provisional licence holder, or refer the client to another professional
    2. if a limited licence holder, explain to the client that a limited licence authorises them to provide immigration advice only in relation to specified matters, and they may provide advice only in those areas, and
    3. if a provisional licence holder, explain to the client that a provisional licence requires them to work under the direct supervision of a full licence holder, and they must seek advice from the supervisor whenever necessary.

Futile immigration matters

  1. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must:
    1. advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly unfounded or has little or no hope of success, and
    2. if the client still wishes to make or lodge the immigration matter, obtain written acknowledgement from the client that they have been advised of the risks.

Professional relationships

  1. A licensed immigration adviser must:
    1. if they are aware that the client has previously used another licensed or exempt immigration adviser:
      1. ensure that the previous contract has ended, or
      2. ensure that the client has terminated the services in writing, or
      3. with the client’s written consent, terminate the services in writing on the client’s behalf, or
      4. if the client wishes to continue to engage another licensed or exempt immigration adviser, ensure that there are clear instructions on the terms of engagement with the new adviser
    2. comply with the operating requirements of Immigration New Zealand
    3. when applicable, comply with the operating requirements of the Immigration and Protection Tribunal
    4. disclose to the Immigration Advisers Authority in writing any information that would have a material effect on their licence, and
    5. notify the Immigration Advisers Authority in writing of any changes to their details as recorded on the register of licensed immigration advisers as soon as practicable, but no later than 10 working days, after the change.