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Migration advisers to be registered

NEW Zealand is to start regulating immigration advisors to protect the interests of customers. Regulation will require people giving immigration advice to be licensed and will provide minimum standards for the industry.

An independent governing body will be set up to administer the code of conduct.

A Bill regulating immigration advisors will be introduced to the New Zealand Parliament shortly. The Bill will require all immigration advisors who assist migrants and asylum seekers wanting to live in New Zealand to be licensed. It is estimated at least 1,000 advisors may be affected.

Immigration Minister Paul Swain said the industry is currently unregulated with only a small number of advisors belonging to any professional bodies. The legislation will bring New Zealand into line with countries such as Canada, the UK and Australia.

It will become an offence to provide immigration advice without a licence, for a person to say they hold a licence when they don't or say they are licensed to give advice when they aren't. Offenders could face a fine of up to NZ$100,000, seven years imprisonment or both.

"We are regulating the industry to protect migrants and potential migrants. The vast majority of advisors act professionally and ethically. This legislation sends a strong message that the government will not tolerate the small number of crooks who prey on vulnerable people wanting to live in New Zealand," the Minister said.

An independent governing body will be established as a separate authority within the Labour Department. It will provide minimum standards for the industry, administer a code of conduct, and organize professional training for licensed advisors as well as establish complaint and redress procedures.

Once legislation is passed the Immigration Service will refuse an application put forward by an advisor if they are unlicensed. The legislation will also include offshore advisors who will be able to opt-in to the licensing regime for the first three years. After that it will be mandatory.

Certain occupations with existing consumer protection mechanisms, such as lawyers, will be exempt. The detailed costings of the scheme have not been completed but licenses are expected to cost NZ$1,000-$2,000 a year. The not-for-profit sector will be subject to regulation, but will not pay the full licensing fee.

All advisors will have to be licensed within two years of the Act coming into force.