eNews - 26 July 2019
From the Chairman’s Desk
DATES TO DIARIZE
2019 EVENTS
22 August 2019 – NZAMI AGM
23 August 2019 – NZAMI Annual
Conference
20 September 2019 – Auckland Seminar
New date -
01 October 2019 – Wellington Seminar
Next month is our Annual Conference with a tremendous line up of speakers. One of our
speakers, Nigel Latta, has already commented that his participation is the foundation
for a new TV series, New Zealand 20 years on.
The industry faces many challenges in the current climate. There is so much uncertainty
around Government policy and the internal issues as INZ works towards further changes to
accommodate the current Government thinking.
Business confidence is waning. We need to keep a positive attitude as we work through
these challenges.
Employer Accreditation
Evolving from two presentations that I have delivered recently at NZAMI Seminars, it
18 October 2019 – Auckland Seminar
has been brought to my attention by INZ that applications on behalf of employers have
06 November 2019 – Christchurch
seeking the Accreditation, and the types of jobs seeking to have filled through this pathway.
Seminar
29 November 2019 – Auckland Seminar
increased. A concern has been conveyed by INZ regarding the type of companies now
This pathway is for those companies who can prove trustworthy towards recruiting New
Zealand Residents or Citizens first, have solid HR policies and practices, be financially stable,
showing progressive development based on the company’s objectives. The company should
have had no employment dispute issues with Unions.
WORKSHOPS
PLEASE NOTE due to the format of all
Workshops there is limited space and
because of the need for confidentiality
Workshops are not recorded. We will offer
the Workshop to NZAMI members first, so
please as soon as you receive an email that
the Workshop registration is open, if you
don’t want to miss out, you will need to
register straight away.
It is important that the employer is able to demonstrate that they do upskill and give
progressive opportunities to existing staff.
The Employer Accreditation pathway was born from a think tank initiated by Helen Clark,
a past Prime Minister of New Zealand. She had listened to the concerns of employers
throughout New Zealand who struggled to attract and retain talent needed to grow their
business, as many would not meet the points through skilled migrant for Residence. These
people having solid work experience. Employer Accreditation is attractive for both employer
and the migrant gaining a pathway to Residence.
Please ensure you check out the employer company and understand their business
operations before embarking on an application.
See you next month!
June Ranson
Board Chairperson
NZAMI Business Partners
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a. PO Box 5234, Mt Maunganui 3116, New Zealand
p. +64 (0)7 575 8439
e. secretary@nzami.org.nz
w. www.nzami.org.nz
Tribunal watch: recent decision highlights
insufficient scrutiny of Australian Migration
Agents’ knowledge of New Zealand legislation
The Tribunal held in Suresh v Elizabeth [2019] NZIACDT 45 (3 July 2019) that the lack
of New Zealand-specific knowledge by an Australian migration agent licenced here
under the provisions of the Trans-Tasman Mutual Recognition Act 1997 does not afford
a defence to a complaint or a mitigating factor in sanctioning.
WEBINARS
There will be Webinars available
throughout 2019 and as the dates
and topics are available these details
will be advertised on the NZAMI
website and also advised by email.
That decision is clearly correct. The case is noteworthy because it highlights a flaw of
our licensing legislation. Australian registered migration agents can obtain the right to
provide New Zealand immigration advice for a fee, without having to prove in any way
that they have knowledge, expertise or experience in New Zealand immigration law and
practice. They may be entirely unfamiliar with the Immigration Advisers Licensing Act
and the Licensed Immigration Advisers Code of Conduct. But they still get the same
privileges that New Zealand-based Licensed Immigration Advisers only obtain following
the completion of a course of formal studies.
In this instance the Adviser’s principal mistake had been to allow unlicensed staff to give
immigration advice. She had engaged in ‘rubber stamping’. In sanctions submissions,
counsel argued (at paragraph [30] – as summarised by the Tribunal) that:
[…] her failure resulted from a lack of understanding of the particular New Zealand
requirements. She did not have sufficient knowledge of her obligations as a licensed
New Zealand immigration adviser, having adopted practices that were acceptable
in Australia but not in New Zealand.
The Tribunal further summarised counsel’s submissions as saying:
[31] Ms Elizabeth’s lack of knowledge was not surprising given the regulatory
framework which allowed her to have a New Zealand qualification1. She had
obtained it in May 2015 at the age of 23, as a result of the Trans-Tasman Mutual
Recognition Act 1997. As a registered Australian migration agent, she was able to
obtain the full New Zealand licence without the need to undergo any specific New
Zealand training and without initially holding a provisional New Zealand licence or
being supervised by a New Zealand licensed adviser.
[32] Nor had it been a requirement for her to undergo any continuing professional
development until November 2015, and even then the mandatory requirements
were only three webinars of one hour’s duration. These webinars only provided
limited guidance to an Australian based adviser. The fact that the New Zealand
authority did not mandate additional New Zealand specific training contributed to
Did you Know …
… you can find a list of VisaPaks on the
member side of the NZAMI website.
All you need to do is log-in, select
‘Resources’ from the left hand side
menu, then at the bottom of the list click
on ‘VisaPaks’. There are a number of
documents listed there and if you have
any that aren’t listed please send them to
me and I will add them to the website.
her misunderstanding.
One may have some sympathy with the Adviser’s predicament. This was perhaps an easy
trap to fall into. Particularly for a young adviser, employed and directed by others.
1
I suspect the word intended by the Tribunal is New Zealand licence. It is at the heart of this
matter that the adviser did not have a New Zealand qualification
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The Tribunal, however, had no difficulty in rejecting her arguments in mitigation,
holding at paragraphs [55] to [58]:
[55] While acknowledging that a lack of knowledge of her professional
WELCOME to NZAMI
obligations is no defence, Ms Elizabeth nonetheless presses her ignorance as a
Sadhana Devi
strong mitigating factor. She surprisingly attributes to the Authority some of the
VisaAide Limited
responsibility for her own misconduct, since she says it was too easy for her as
www.visaaide.co.nz
an Australian licensed agent to become registered without going through New
Zealand specific training or supervision.
[56] This is a disappointing position from a professional. A professional person,
Ramandeep Kaur
whether an immigration adviser or otherwise, is responsible for his or her
Pathways To New Zealand Ltd
own professional development. Ms Elizabeth voluntarily obtained a full New
www.pathwaysnz.com
Zealand licence and then held herself out as a licensed professional for those
seeking residence in New Zealand, so she was responsible for ensuring that
her knowledge of both New Zealand immigration criteria and her professional
Sukhpreet Kaur
obligations was sufficient to do so.
Zenith Immigration Solutions Ltd
[57] Australian registered immigration practitioners who obtain New Zealand
www.zimmigrationnz.com
registration must meet the same high standards of knowledge and personal
behaviour as those who have been through the New Zealand training regime
before licensing. The same is true of New Zealand based practitioners who
Fabien Maisonneuve
became licensed before compulsory qualification and training.
New Zealand Shores Limited
[58] Ms Elizabeth should have familiarised herself with New Zealand legislation
www.newzealandshores.com
and the New Zealand Code, all of which was easily available to her. That was her
duty. The mode by which she became licensed is irrelevant.
Ramandeep Sidhu
It is not the Tribunal’s role to call out deficiencies in the policies underlying the
licensing regime. It is therefore not surprising that the decision to allow Australian
migration agents access to the New Zealand immigration industry under the TransTasman Mutual Recognition Act 1997 is not specifically criticised by it.
Nonetheless, this case demonstrates that that the current approach is problematic.
While the Tribunal’s finding that Australian-based agents owe the same professional
duties is obviously correct, it has to be remembered that each upheld complaint is
akin to an ‘ambulance at the bottom of the cliff ’.
The licensing regime ought to ensure that all representatives have sufficient
Kiwi Immigration and Education
Consultant
www.kiwiimmigration.org
Pawandeep Singh
Kiwiana Immigration & Education
www.kiwianacareers.com
knowledge to safely practise as immigration advocates, regardless of whether they
Kitty Su
are based here or across the Tasman. And all those permitted to give New Zealand
Ampass Consultants Co. Ltd
immigration advice share an obligation to their colleagues to maintain consistent
www.ampass.co.nz
high standards, to preserve the reputation of the profession in the eyes of consumers
and of Government agencies.
It ought to be reconsidered in the upcoming review of the Immigration Advisers
Licensing Act, how Australian-based advisers are to satisfy the Immigration Advisers
Authority that they meet the competency standards expected of all others licensed
Grace Zhuang
Pathways To New Zealand Ltd
www.pathwaysnz.com
under the Act.
Peter Moses
NZAMI Director
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p. +64 (0)7 575 8439
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NZAMI Annual Conference - UPDATE
I am very excited to announce we have finalised our Agenda and as you can see from the
Chairman’s piece in this eNews a lot of our Conference could form the foundation for a
new TV series by Nigel Latta - so come along and be part of such an important event !
The final person for our afternoon segment on Exploring what New Zealand is not
doing to attract highly skilled people is Andre Bate, Selection Lead, Edmund
Hillary Fellowship. This panel will be very important for New Zealand, ideas for our
future!
I hope you are able to join us either in person or by livestream (and we will be recording
this Conference) – it is our 30th Anniversary and we would love to share this with you.
Anniversary Annual
Immigration Conference
YEARS
23rd August 2019 at Eden Park, Auckland
Immigration: Past, Present & Future
Did you know …
You can find all the previous editions
of the NZAMI eNews on the member
side of the NZAMI website? Just log-in,
click on ‘Newsletters’ from the left hand
side menu, and they are all listed there!
For ease you can also hover your mouse
over each date and a menu will appear
listing what is in each edition.
8.00 am Registration
8.30 am Opening by MC – Mark Sainsbury, NZAMI Conference MC
8.40 am Welcome by the 2018/2019 NZAMI Chairperson - June Ranson, NZAMI
Chairperson
8.50 am Keynote Address – The Honourable Iain Lees-Galloway, Minister of Immigration
9.30 am The Canterbury Story – an example for the Regions – Lisa Burdes,
Business Advisor, Canterbury Employers’ Chamber of Commerce – a
discussion on where Christchurch and Canterbury has come from,
challenges that employers and inter government agencies faced and
overcome, how it has become an example for regions.
10.15 am Morning Tea and Sponsor Tables
10.45 am Immigration - The Good, the Bad and the Ugly - Ross van der Schyff, GM
Visa Services, Immigration New Zealand
11.30 pm Australian Immigration Update – Carina Ford, Carina Ford Immigration
Lawyers in Australia – much has happened since our last update on
Australian Immigration, where to next! A comparative analysis on the 482
visa and employer sponsored pathways process Australia to New Zealand,
what could happen in the future for New Zealand?
12.10 pm Lunch and Sponsor Tables
1.10 pm
Immigration Past, Present and Future – Michelle Dickinson, NanoGirl
2.10 pm
Supervision – results from the Toi Ohomai research and discussing
potential for changes – conversation with Andrew Galloway, Registrar,
Immigration Advisers Authority, Appley Boyd, LIA and Programme Manager
with Toi Ohomai Institute of Technology, Simon Laurent, Solicitor, Laurent
Law.
This discussion will start with a 10 minute presentation on facts and figures
gathered on the recent research from Toi Ohomai and then follow with a
discussion on potential changes for the supervision scheme.
2.50 pm
Afternoon Tea and Sponsor Tables
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source of the material, and in particular both NZAMI and (where applicable) the author named in the e-News.
a. PO Box 5234, Mt Maunganui 3116, New Zealand
p. +64 (0)7 575 8439
e. secretary@nzami.org.nz
w. www.nzami.org.nz
3.20 pm
Exploring what New Zealand is not doing to attract highly skilled
people - Big picture thinking for the future economic growth of New
Zealand. Defining opportunities and identifying the obstacles to overcome.
Andre Bate, Selection Lead, Edmund Hillary Fellowship
Nigel Latta, Clinical Psychologist, Author and Television Host
Nick Lewis, Director of Pioneer Energy, Ecotricity and PaySauce
Aaron Muñoz, Industry Engagement Manager, Wellington ICT Graduate
School
FACILITATED by Peter Moses, Barrister
4.50 pm
Politics, media and immigration: a journalist’s perspective - Gill
Bonnett from Radio New Zealand has been covering immigration stories
for 12 years. She will share discussions from a recent immigration
fellowship to America, Australia, the Philippines and South Korea on
how the media, global trends and politicians shape public discourse on
immigration and border policies. How is our immigration landscape
changing?
5:30 pm
Closing - Mark Sainsbury, NZAMI Conference MC
5:40 pm
Networking Drinks
WHERE TO REGISTER AND PRICE
Registration is now open at the early bird rate for those who register and pay before
4pm on Monday the 5th of August 2019.
After 4pm on the 5th of August 2019 the prices below will increase by 15% so register
and pay early to guarantee your place at a great rate!
You can register on the NZAMI website (http://www.nzami.co.nz/event_register.
php) and:
•
select ‘2019 NZAMI Annual Conference’; the cost to attend the Conference for
NZAMI members is $350 and non-NZAMI members $575
•
there is a student rate available – current students can attend the Conference
for NZ$220 (please contact this office to book this offer)
•
PLEASE NOTE there is a special concession available to NZAMI members
where there are 4 plus members attending from the same company of $250
per person (please contact this office to book this offer)
If you would like to attend by Livestreaming or order the MP4 recording then you
can select those options at the same place, just don’t forget to de-select attending.
Please select your option carefully as this can’t be changed after the event (ie attend
in person, purchase the livestream or the MP4 recording):
•
The cost to Livestream the full Conference for NZAMI members is $400 and
non-NZAMI members $600; livestream registration will CLOSE at 12 noon
on Tuesday, 20th August 2019
•
The cost to purchase an MP4 recording of the FULL DAY CONFERENCE is
$400 for NZAMI members and $600 for non-NZAMI members
•
Please note that if you order the live streaming attendance and you chose not to
Really Important
Things to Note are:
• As advised above, the early bird
discount for registration and
payment ends 4 pm on Monday the
05th of August 2019
• There is no price increase to attend
the 2019 Annual Conference (same
price as 2015, 2016, 2017 and 2018!)
attend, your order cannot be switched to the MP4 recording.
Christina
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source of the material, and in particular both NZAMI and (where applicable) the author named in the e-News.
a. PO Box 5234, Mt Maunganui 3116, New Zealand
p. +64 (0)7 575 8439
e. secretary@nzami.org.nz
w. www.nzami.org.nz
You Have PI Cover - Or Do You?
I recently assisted a colleague facing a complaint lodged with the Immigration Advisers
Authority. They told me that they had Professional Indemnity cover, and they went
off to the insurer to see about lodging a claim to cover the cost of responding to the
complaint. The answer they got back is that the policy they had did not cover their
situation. They had been paying premiums for a product that did not do what they
thought it would do.
The policy was issued by a major insurer, obtained through a broker I had not heard
of. It appeared to be templated from an Australian scheme because it referred to the
adviser as a Registered Migration Agent - a term that we don’t use over here. It was
said to be a Professional Indemnity policy, but in fact its main terms were around a
Civil Liability product designed to be activated in the event of a Claim. A Claim, in this
context, was a demand or court proceeding for damages arising out of wrongful acts.
Complaints to the IAA and referrals to the IACDT involve numerous possible grounds
for complaint. Claims for damages are, in practice, a relatively minor element of the
disciplinary framework, and are seldom upheld in the sums that complainants ask
for. More importantly, however, the policy was simply not fit for purpose to protect
licensed advisers in the local regulatory environment.
NZAMI has negotiated a PI policy that is designed specifically to cover the costs of
dealing with complaints to the Authority and the Tribunal. It is something which
every responsible adviser should have, in the way that, for instance, lawyers are either
required to hold sufficient insurance or to declare to the world that they do not have it.
It is well-priced compared to what other professionals have to pay to cover themselves.
The Board is disturbed that so few people have taken it up. Some of our colleagues
believe that “it won’t happen to me” - they do not expect to face a complaint. The
reality is that no-one is immune from being attacked by disgruntled clients, including
those whose complaints are ultimately baseless. Some of our most experienced
colleagues in the industry have been found to have breached the Act or the Code,
sometimes through an issue raised by Immigration New Zealand or an own-motion
complaint by the Registrar. As a lawyer, I have fielded complaints more than once.
Nowadays, it simply comes with the territory of being in a position of professional
trust.
The simple message then is - if you don’t have cover, get it. And get it through the
NZAMI scheme so that you will get what you think you paid for.
Simon Laurent
NZAMI Director
NZAMI uses its best diligence to ensure the accuracy of the material contained herein. However, such does
not purport to constitute immigration advice as defined in The Immigration Advisers Licensing Act 2007.
NZAMI Business Partners
The Association accepts no liability for any loss, whether actual or anticipated, suffered by any person or
organisation as a result of reliance upon the facts or opinions expressed herein. Readers are advised to take
independent advice before acting on specific matters relevant to their own situation.
a. PO Box 5234, Mt Maunganui 3116, New Zealand
p. +64 (0)7 575 8439
e. secretary@nzami.org.nz
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