The Immigration Advisors Licensing Bill had its first reading in Parliament today.

The bill will make it illegal to provide immigration advice without a licence. Offenders could face a fine of up to $100,000 and / or seven years imprisonment.

Immigration Minister, David Cunliffe said, “While many immigration advisors provide good services, there are insufficient regulatory constraints or market incentives to prevent some advisers providing unethical or incompetent services”.

Licences will be renewed annually and details of licensed advisers would be recorded and updated on a public register.

Exemptions from licensing include:

· those who provide immigration advice in an informal or family context where the advice is not provided systemically or for a fee

· offshore immigration advisers where the advice relates to applications for student visas or student permits

· groups where there is little consumer benefit to be gained from licensing, and there are sufficient processes in place to ensure competent and ethical conduct (for example MPs), and

· groups exempted because they are members of an occupational group that already has appropriate disciplinary procedures (for example lawyers).

Disciplinary procedures against licensed advisers are to be both punitive and provide for consumer redress. A new complaints body will investigate complaints of negligence, incompetence, dishonest behaviour or breaches of the code of conduct.

The new laws will be introduced in stages. A 12 month set-up phase will be followed by a further 12 months to allow immigration advisers to meet entry standards and be approved by the Registrar.