The giving of immigration advice is regulated by the Immigration Advisers Licensing Act 2007. Immigration lawyers (with New Zealand practising certificates) are regulated under the Lawyers and Conveyancers Act 2006, and the disciplinary and supervisory structures under that Act.
It is an offence to provide immigration advice (which includes how to answer questions on immigration forms or online), for remuneration unless licenced or exempt. This includes persons who receive their remuneration through their employment by or at a company or a business providing legal services to carry out such a function (including immigration advice). HR managers and line managers who endeavour to assist visa applicants may be doing so unlawfully under New Zealand law unless they are registered as immigration advisers (or have a New Zealand lawyer’s practsing certificate).
Where a non-regulated adviser, including overseas lawyers assist or lodge such applications, Immigration New Zealand will refuse to process the application or if they find out about this in the middle of an application, will cease to continue. Further, the application will be refused, even if it meets policy reqirements. Community workers or HR managers who systematically are involved in assisting (employees and or friends etc) are not exempt and will be in breach of the Licensing Act. There is, controversially, an exception in the education sector. Education tertiary institution recruiting agents are the exception. This is controversial because it is well-known that such agents often misrepresent future immigration outcomes (post-study).
There are two main reasons why New Zealand has regulated immigration advisers. The first is to avoid exploitation. The second is to ensure that important processes are dealt with by competent individuals. Immigration New Zealand maintains its files indefinitely and so it is important to manage carefully all information that is filed or uploaded. For example, it is better not to file an application that is flawed and does not meet the requirements for the visa. The intention to enter the country incorrectly or where criteria are not met, can provide future evidence of a lack of bona fides (and suggest an intention to enter the country other than for a legitimate temporary purpose as a visitor). An intention to work or reside permanently usually works against an intention to visit and then leave.
For this reason, it is important for would-be visa applicants to consider obtaining advice from an immigration qualified professional before any application is lodged. It is also important to engage a professional for the filing and to manage the application process itself. Failed applications should be avoided.
For these reasons it is vital that all applicants of all visa types engage competent professionals who have specialised knowledge of the visa rules and practice. New Zealand, like Canada, the UK, the US, and Australia, and many other countries seeks to protect visa applicants from both unscrupulous and incompetent agents. Immigration advisers and lawyers also serve so as to streamline the cases they present, and make it easier when cases are filed decision-ready.
7 January 2026
D J Ryken Ryken and Asso