Immigration Advisers Licencing Act: Update 3 Responce from the opposition
At the same time I sent my second letter to the Immigration Minister, I also sent copies of everything to Lianne Dalziel, the Labour MP who first introduced the bill to licence Immigration agents. As she was helping the owners of the Move2NZ forum, and they dont appear to be concerned about anyone else, I thought she might need to know that other people were being affected by this law. Which was a good idea, as she seemed completely unaware that it was affected anyone else.
She had passed on my letters to Pete Hodgson, the opposition spokesmand for immigration who replied:
Hon Lianne Dalziel has passed your letter of November 26th to me for a response, and she and I have discussed the situation you find yourself in.
In short we are both of the view that a law change in not necessary. Rather we are both of the view that Hon Coleman’s reply to oyu of 20th october is far too restrictive and prescriptive, especially toward the end where he offers you the choice of displaying publicly available information, or acquiring a provisional license or of getting a licensed (or exempt) person to contribute.
We beg to differ. In our view the law does not precelude the publicaiton of generic comment, including adverse comment, or generic advice at all. That would, as you point out, be contrary to freedom of speech.
So our advice is to continue with your activities. You could if you wished add a routine disclaimer that your material does not represent immigration advice directed towards an individual.
In the event an official comes ‘knocking at your door’, please let me know and I will engage futher. Be aware however that a law change would inevitably take time, even if it were agreed to. I think what you are dealing with is a new law being bedded in by folk in immigration who are a little more conservative than they are legally entitled to be. I think it is that simple.
SO basically, as far as they are concerned the IAA are overstepping the mark, and abusing thier position: rather than policing Immigration agents, they are enabling them and victimising anyone who isnt a paid agent. As we have said before, this is hardly surprising given that every single member of the advisory board is an immigration agent.
I cant help but be a bit cynical about this though. It seems to me that rather than having the courage to admit openly that they made a mistake, and that the IAA are behaving in a way contrary to that expeceted – they are all going to sit back and wait till someone gets taken to court before they act. And if they think thats a grand idea – then they should be taking a moment to look at the bad publicicty government is getting becuase a Blogger is being forced into court for challenging Name Suppresion Laws.
I also cant help but think that if Labour were in Government, and National in opposition, then Pete Hodgson would be saying “Nothing wrong here!” :
And Jonathan Coleman as opposition leader would be decrying the behaviour of the IAA and be the one telling me to carry on with what I was doing in the first place: publising general advice based on my own experience.
Its kinda hard not to have a certain lack of respect for anyone involved in immigration here at this point.
So – the general concensus of anyone not in the pay of Immigration agents is that the IAA are behaving appallingly, and in a way which they have no right to do, and is against the legislation.
Oddly enough, thats legal advice given by people who are not qualified or licenced to give it.
Which says it all really!
Like what Avalon has to say?
Click Here to buy Avalon's Guide: How to Live the Dream Without Breaking The Piggy Bank.
Related posts:
- Immigration Advisers Licencing Act: Update 2 Responce from the minister
- Immigration advisers licencing act: Update1
- FAQ – The Immigration Advisors Licencing Act
Comments
4 Comments on Immigration Advisers Licencing Act: Update 3 Responce from the opposition
-
Domestic Executive on
Sun, 14th Feb 2010 6:06 am
-
Wafu on
Mon, 15th Feb 2010 1:34 am
-
Avalon on
Mon, 15th Feb 2010 4:38 pm
-
Mike on
Tue, 11th May 2010 1:16 pm
I do admire your stamina on this. I suspect that like most things in Government the devil in the detail of new legislation is tripping them up every day. You’ll be giving the ministerial letter writing team within the Agency that prepare responses for Ministers a run for their money that’s for sure. The response you got from Pete Hodgson is a sound one in my view – the mechanics of Government run much more slowly than it’s citizens and practical application is always the best way to go. Would be interesting to know what a lawyer might think on this matter – perhaps this would be a great case study for a student if you know one or a case for a lawyer if you win the lotto!
I’m with DE on this. Keep up the good work and thank you.
Thank you both 
I actually spoke to a lawyer last week regarding my brothers application, and how worried we were that we were told by INZ that we needed Ministerial approval for an extended visitor permit. (Not true funnily enough!) I said I was concerned as I had been complaining about the IALA, and the lawyer, without making to formal a comment, was quite chuffed actually!
I was left with the impression that they too think Immigration Agents are way too full of themselves, and that this law goes way too far in protecting them.
Hi Helen,
I just came across this post while searching for something else and must apologise/explain.
My position with the IAA is I believe somewhat different to anyone else I have encountered as in July 2009 the Authority served a notice on me stating that I had breached the Immigration Advisers Licensing Act.
The notice went on to confirm that should I commit the unspecified alleged crimes again I would face penalties of up to 7 years in jail and a fine of $100,000.
This notice removed any argument of ignorance and through the legislation removed any requirement for the Authority to give further warning before prosecuting: i.e. I could face immediate prosecution/jail if I put a foot wrong.
Without knowing what I was alleged to have done this made life difficult and very nervous as you can imagine. I of course immediately asked the Authority what I was alleged to have done to breach the Act. Rather than providing ‘education and guidance’ they won’t tell me. To this day I have no idea.
The Authority’s incredible failure to respond has been devastating.
Rather than face jail I had to basically cease all activity and contact with migrants. Because of this our charitable Trust, unique and highly successful Migrant Centre and company which was the sole source of funding for our free settlement support services were all but destroyed.
The third quarter of 2009 was spent reeling in shock.
The last quarter of 2009 was spent working like crazy to implement a plan to avoid losing everything we had worked several years to build (including my family home which was only confirmed safe in late December).
Our work was successful and move2nz.com is now strong again – I am supporting the site by working full-time which leaves me less time, but enough.
I am able to commentate again on the government’s mystifying activities and changes in practice (if apparently not policy) as we have researched enough to know that nothing we do (or did) could possibly be considered to be providing immigration advice.
The first half of 2010 has also been spent fighting the IAA using the Official Information and Privacy Acts to get answers – a complaint is currently with the Ombudsman and approaching conclusion.
We have had some success in obtaining documents however and information released suggests that the IAA acted without any apparent justification or reason.
I have to admit that during this period I have lost sight of the position others have found themselves in as we fought to survive. I apologise for this but believe our fight (which is gaining momentum) will significantly help others like you.
Mike
move2nz architect
Tell me what you're thinking...
and oh, if you want a pic to show with your comment, go get a gravatar!
Avalon’s Guide On Facebook
-
