Offences under the Immigration Advisers Licensing Act

This is a summary of the offences under the Immigration Advisers Licensing Act.  The official wording is available in the Immigration Advisers Licensing Act (external link).


Section 63Offence to provide immigration advice unless licensed or exempt
 Only those people who are licensed or exempt are able to give immigration advice about New Zealand. A person who provides immigration advice without being licensed or exempt commits an offence. If a person knowingly commits this offence, the penalties are a fine of up to $100,000 and/or up to seven years’ imprisonment. If a person commits this offence but was not aware it was unlawful to provide immigration advice unless licensed or exempt, the penalties are a fine of up to $100,000. 

Section 64Offence of holding out as immigration adviser unless licensed or exempt
 A person cannot claim that they are an immigration adviser, or claim that another person is an immigration adviser, when they are not lawfully able to give immigration advice about New Zealand.  A person who suggests that they or another person can lawfully give immigration advice when they are neither licensed nor exempt, is committing this offence. A person convicted of this offence is liable to imprisonment for up to two years and/or a fine of up to $10,000.

Section 65Offence of holding out as licensed immigration adviser
 A person cannot claim that they are a licensed immigration adviser, or claim that another person is a licensed immigration adviser, if they know that they are not licensed.  In other words, a person who suggests that they are licensed, or another person is licensed when they are not, is committing this offence. A person convicted of this offence is liable to imprisonment for up to two years and/or a fine of up to $10,000.

Section 66Offence to provide false or misleading information
 A person who gives false or misleading information to the Immigration Advisers Authority in their licensing application is committing this offence.  This can be in any type of licence application to the Immigration Advisers Authority (initial, renewal or upgrade). If the person knew that the information was false or misleading, the penalties are imprisonment for up to two years and/or a fine of up to $10,000. If the person did not know that the information was false or misleading, the penalties are a fine of up to $10,000.

Section 67Offence of asking for or receiving fee or reward for immigration advice when neither licensed nor exempt
 If someone asks for or receives money in return for immigration advice if they are neither licensed nor exempt, they are committing this offence.  They are also committing an offence if they ask for or receive payment for immigration advice given by another person who is neither licensed nor exempt. If the person knew that the adviser was neither licensed nor exempt, the penalties are imprisonment for up to seven years and/or a fine of up to $100,000. If the person did not know that the adviser was neither licensed nor exempt, or did not know that the unlicensed person was giving immigration advice, the penalties are a fine of up to $100,000.

Section 68Offence of employing or contracting unlicensed or non-exempt person as immigration adviser
 If a person employs or contracts a person who is neither licensed nor exempt as an immigration adviser, they are committing this offence. If the employer knew that the person was neither licensed nor exempt, the penalties are imprisonment for up to two years and/or a fine of $10,000. If the employer did not know that the person was neither licensed nor exempt, or did not know that the person was giving immigration advice, the penalties are a fine of up to $10,000.

Section 69Offence to obstruct inspection
 The Registrar of Immigration Advisers or a person authorised by the Registrar may enter premises where a licensed immigration adviser works or has worked in the last two years (section 57), or where the Registrar has good cause to suspect that a person is committing or has committed an offence under the Immigration Advisers Licensing Act (section 58).  Any person who resists, obstructs, deceives or attempts to deceive any person who is exercising the powers set out in sections 57 and 58 of the Act is committing this offence. A person convicted of this offence is liable for a fine of up to $10,000.

Section 70Offence to fail to notify change in circumstances
 A licensed immigration adviser or person applying for a licence must advise the Registrar of any relevant change in their circumstances (section 26). If they don’t advise the Registrar of their changed circumstances, they are committing this offence.

A person convicted of this offence is liable for a fine of up to $10,000.A person may be charged with any of these offences, whether or not the offence or any part of it occurred within New Zealand.