5Interpretation

1. In this Act, unless the context otherwise requires,—

   Authority means the Immigration Advisers Authority established by section 34

   category 1 exemptee means a person exempt from the requirement to be licensed as an immigration adviser under section 12(3)(a)

   category 2 exemptee means a person exempt from the requirement to be licensed as an immigration adviser under section 12(3)(b)

   chief executive means the chief executive of the Department

   clerical work means the provision of services in relation to an immigration matter, or to matters concerning sponsors, employers, and education providers, in which the main tasks involve all or any combination of the following:

   1. the recording, organising, storing, or retrieving of information:
   2. computing or data entry:
   3. recording information on any form, application, request, or claim on behalf and under the direction of another person

   code of conduct means a code of conduct made under section 37

   company has the meaning given to it by section 2(1) of the Companies Act 1993; and includes companies or bodies corporate registered or formed outside New Zealand

   competency standards means the competency standards made under section 36

   Department means the Department of Labour, or such other department of State that has, with the authority of the Prime Minister, assumed responsibility for the administration of this Act

   former licensed immigration adviser has the meaning given to it by section 44(1)(b)

   immigration advice has the meaning given to it by section 7

   immigration adviser means a person who provides immigration advice

   immigration application or request means the putting forward of any application, request, claim, appeal, or other approach seeking to have the Minister, the Department, the Immigration and Protection Tribunal, or an immigration officer or a refugee and protection officer deal with an immigration matter

   immigration matter means any matter arising under or concerning the application of the Immigration Act 2009 (including any regulations or instructions made under that Act); and includes—

   1. an application or potential application for a residence class visa, temporary entry class visa, or transit visa:
   2. a request or potential request for a special direction:
   3. a claim for recognition as a refugee or a protected person, and any related appeal or matter:
   4. a matter relating to immigration sponsorship:
   5. a matter relating to an immigration obligation:
   6. an appeal in relation to an immigration matter

   incorporated law firm has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

   lawyer has the meaning given to it by section 6 of the Lawyers and Conveyancers Act 2006

   licence means a licence granted under this Act to operate as an immigration adviser

   Minister means the Minister of Immigration, or such other Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   ordinarily resident, at any particular time, refers to a person who—

   1. has been lawfully present in New Zealand for more than 183 days in the immediately preceding 12-month period; and
   2. is not unlawfully in New Zealand

   register means the register of immigration advisers established and maintained under section 77

   Registrar means the officer appointed under section 34(2)(a)

   settlement services means all or any of a range of targeted support services provided for migrants, refugees, protected persons, and their families, including services for the purposes of enabling migrants, refugees, protected persons, and their families to settle into the community, learn the language, and find out how to access essential community services

   Tribunal means the Immigration Advisers Complaints and Disciplinary Tribunal established by section 40

   visa means a visa granted under the Immigration Act 2009

   working day means any day other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and
   4. a day in the period commencing with 25 December in any year and ending with the close of 15 January in the following year.

Notes

• Section 5 code of conduct: replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 5 competency standards: replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 5 immigration application or request: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 5 immigration matter: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 5 incorporated law firm: inserted, on 30 March 2025, by section 25 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
• Section 5 permit: repealed, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 5 settlement services: amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 5 visa: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 5 working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).
• Section 5 working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).