August 2017 newsletter
Registrar update
In July, the IAA publicised the successful conviction of an Auckland woman who had provided immigration advice without a licence on talk-back radio. This case provides helpful discussion of the difference between providing publicly available information and immigration advice. You can read more about the case below.
Thank you to all of you who gave us feedback in our annual survey. I look forward to drawing on your insights to improve our services this year. You can read the headline results below.
In this newsletter, you can also find the details of three new free webinars that we have scheduled in 2017. The webinars are just an hour long, to make it easy to fit them into your busy schedule. They are on:
- The core requirements of client engagement
- Communicating with your client
- Managing conflicts of interest.
Many of the complaints we receive result from not getting the client engagement processes right and poor communication with clients. When you get these simple and fundamental things right, you can avoid mis-matched expectations and complaints arising.
Catherine Albiston
Registrar of Immigration Advisers
$7,000 fine imposed for unlicensed immigration advice
An Auckland woman must pay a fine of $7,000 after an IAA investigation into her history of providing immigration advice through a radio broadcast programme without a licence.
Alison Yang (also known as Jenny Fan and Xixia Fan) of Sea Consultants and Investments Limited was convicted as a result of charges filed by the IAA for providing immigration advice when she was neither licensed, nor exempt from the requirement to hold a licence. The second charge related to holding herself out as an immigration adviser, knowing she was not licensed or exempt.
Ms Yang was first convicted in 2014 on the charges before appealing, which resulted in the matter being remitted back to the Auckland District Court. Following resentencing, her appeal to the High Court for permanent name suppression and discharge without conviction was declined in July 2017.
Ms Yang unlawfully broadcast her radio programme to the local Chinese community, many of whom could have been vulnerable to poor immigration advice.
The original District Court Judgment of March 2014 contains a helpful discussion of what is immigration advice. Among other things, the Court found that, the onus was on the Defendant to prove they were using publicly available information if they were relying on this exception.
Read the District Court judgment here [PDF 4.1MB]
Read the media release here
IAA adviser survey results
This year, 378 licensed advisers responded to our annual survey.
Licensed adviser satisfaction has increased to 78 per cent satisfied or very satisfied with the overall quality of the service from the IAA, up from 76 per cent in 2015/16 and 67 per cent two years ago.
In addition:
- 89 per cent agreed that immigration adviser licensing has added value to the New Zealand immigration industry.
- 82 per cent agreed that the immigration adviser licensing scheme has improved the perception of New Zealand as a migration destination.
- 81 per cent agreed that the new IAA Online services have made it easier to interact with the IAA.
We are carefully considering the responses and comments to identify improvements that we can make in the year ahead.
New 2017 webinars
We’ve scheduled three new webinars for the rest of the year. They’re an hour long each and focus on some of the key issues we see recurring in complaints to the Authority.
Client engagement and initial assessments
Wednesday 30 August 3-4pm
This webinar will go over the key requirements you have as a New Zealand licensed immigration adviser regarding client engagement and initial assessments.
Please register for this webinar here(external link).
After registering, you will receive a confirmation email containing information about joining the webinar.
Managing conflicts of interest
Wednesday 25 October 3-4pm
This webinar will go over a New Zealand licensed immigration adviser's obligations regarding managing conflicts of interest.
Please register for this webinar here(external link).
After registering, you will receive a confirmation email containing information about joining the webinar.
Communicating with your client
Wednesday 22 November 3-4pm
This webinar will go over the key requirements you have as a New Zealand licensed immigration adviser regarding communicating with your client.
Please register for this webinar here(external link).
After registering, you will receive a confirmation email containing information about joining the webinar.
Getting our message right at VACs
Visa Application Centres (VACs) receive New Zealand visa applications around the world.
The IAA has been working with Immigration New Zealand to ensure our messages are clear at VACs and with VAC staff.
We have:
- updated our messages on the VAC websites
- supported INZ to run refreshed training to all VAC staff around the world on the importance of not providing immigration advice
- provided a new client facing poster for VACs and a back-office poster for staff.
Download our poster here [PDF 1.7MB]
Looking to be a supervisor?
In July there was a new cohort of students completing either the full or half of the Graduate Diploma in New Zealand Immigration Advice. A number of these people will be looking to find a supervisor and get their provisional immigration adviser licence.
If you are an experienced full licence holder who enjoys teaching and mentoring, we encourage you to consider becoming a supervisor. If you are interested in becoming a supervisor, you can advertise directly to Toi Ohomai Institute of Technology’s students.
Advertisements must contain the following information:
- name and contact details of the company or organisation (on company letterhead)
- name and details of the contact person
- description of the supervision being offered (including location)
- description of the type of person required
- dates e.g. when posted, when applications close, potential start date (optional).
This type of advertisement will be posted on Toi Ohomai’s student programme page.
Email jeni.fountain@toiohomai.ac.nz to list your advertisement >>
Did you know...? You can report migrant exploitation
You can report concerns about migrant exploitation in the workplace including migrants being paid less than the minimum wage, not having a written employment agreement and not being paid holiday or sick leave pay.
The Labour Inspectorate was set up to ensure all workers in New Zealand receive their entitled minimum employment rights and investigates complaints.
To raise a concern call 0800 20 90 20
