Finding the right person to get immigration advice is one of the most important steps of the immigration process. Similar to all the major countries that have dedicated and licensed immigration consultants, which are advocated by the government for people to use rather than unlicensed ones, New Zealand also has its own immigration advising and registration body. They are called LIAs, and they are monitored and regulated by the Immigration Advisers Authority.
New rules for immigration advisers will soon be implemented. The government will update the Immigration Advisers Licensing Act 2007 with changes from the new amendment bill. The changes protect those who seek immigration advice and help keep the system fair. The bill is at the third reading on 25 Mar 2025, which is the stage prior to Royal Assent when the Governor-General formally signs the bill into law
Key changes include:
- Immigration officers and refugee protection officers can now apply for a license immediately without a 12‐month wait.
- Immigration New Zealand can reject applications from unlicensed advisers. If an application is rejected, the fee will not be returned.
- People filing complaints need only explain what happened instead of listing every reason.
- Both sides can now challenge a decision made on a complaint.
- The Tribunal can change a full licence to a limited or temporary one when needed.
- The Registrar may check extra factors when deciding if someone is fit for a licence.
- The Registrar can cancel a licence if fitness issues are found, following the normal process.
The bill also stops applications from unlicensed advisers. If an adviser is not licensed or exempt, any application made on their behalf must be rejected without a refund of the fee. This change makes sure that only qualified advisers help clients.
The bill expands who can be exempt from licensing. Employees of lawyers and incorporated law firms are now included. This means that advisers come from a broader group of professionals and clients can feel more secure.
Another update affects public office holders. A Minister of Immigration or an Associate Minister cannot be licensed while in office and for 12 months after leaving the role. Immigration officers and refugee protection officers may only apply while they hold their roles. This removes the previous rule that stopped them from applying after leaving their jobs.
The changes also improve how complaints are handled. A complaint must include the complainant’s name, contact details, and a clear statement of the issue with dates and places when needed. There is no need to list every reason behind the complaint. This update makes it easier for people to report problems. Both the complainant and the adviser now have the right to challenge a decision.
The Registrar’s role is enhanced. The bill allows the Registrar to consider extra details when judging an adviser’s fitness. The Registrar may also limit public access to parts of the register to protect privacy and safety. The bill revises sanctions for advisers who do not meet the requirements. The Tribunal can downgrade a full licence to a limited or temporary one if problems occur. The Registrar can cancel a licence if a person is found unfit. For example, a conviction under the Act may disqualify someone from holding a licence.
New rules also set guidelines on who can participate in the licensing decision process. Only those who have not been involved in key immigration decisions in the past two years can take part. This rule helps keep the process fair.
The amendments include updated interpretations that clarify terms in the Act. All these changes work together to improve the system of immigration advice in New Zealand.
The bill had its final discussion on 25 March 2025. It is expected to receive Royal Assent soon and will take effect the following day. Updated forms and online information will be available so that everyone can easily review the new rules. These changes offer better protection for clients and clear guidance for immigration advisers.
