Plain language law

New Zealand law explained for everyone

Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Immigration advisers to be licensed, unless exempt

11: Persons exempt from licensing

You could also call this:

“People who can give immigration advice without a licence”

You don’t need a licence to give immigration advice in some cases. Here are the people who don’t need a licence:

If you give advice to family or friends for free and not as a regular thing, you don’t need a licence.

Members of Parliament and their staff don’t need a licence when they give immigration advice as part of their job.

Foreign diplomats and consular staff who are protected by special laws don’t need a licence.

If you work for the public service and give immigration advice as part of your job, you don’t need a licence.

Lawyers, people who work for lawyers, and people who work for law firms don’t need a licence.

If you work or volunteer at a community law centre, you don’t need a licence. But the centre must have at least one lawyer in charge or supervising.

People who work or volunteer at citizens advice bureaux don’t need a licence.

You don’t need a licence if you’re overseas and only give advice about student visas for temporary entry to New Zealand.

Some other people might not need a licence if the government makes special rules to say so.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407312.

Topics:
Immigration and citizenship > Visas Crime and justice > Courts and legal help
Previous

10: Who may be licensed as immigration adviser, or

"Rules for becoming a licensed immigration adviser"

Next

12: Exemption, or removal of exemption, by Order in Council, or

"Governor-General can make or remove rules about who needs a licence to help with immigration"

Part 1 Regulation of immigration advisers
Immigration advisers to be licensed, unless exempt

11Persons exempt from licensing

  1. The following persons are exempt from the requirement to be licensed:

  2. persons who provide immigration advice in an informal or family context only, so long as the advice is not provided systematically or for a fee:
    1. members of Parliament, and members of their staff who provide immigration advice within the scope of their employment agreement:
      1. foreign diplomats and consular staff accorded protection as such under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971:
        1. employees of the public service who provide immigration advice within the scope of their employment agreement:
          1. lawyers and employees of lawyers and of incorporated law firms:
            1. persons employed by or working as volunteers for community law centres (as defined in section 6 of the Lawyers and Conveyancers Act 2006), where at least 1 lawyer—
              1. is on the employing body of the community law centre; or
                1. is employed by or working as a volunteer for the community law centre in a supervisory capacity:
                2. persons employed by or working as volunteers for citizens advice bureaux:
                  1. persons who provide—
                    1. immigration advice offshore; and
                      1. advice only in respect of applications made under the Immigration Act 2009 for a temporary entry class visa—temporary visa—student visa:
                      2. persons exempted by regulations made under section 12.

                        Notes
                        • Section 11(e): amended, on , by section 27 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                        • Section 11(h): substituted, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                        • Section 11(h)(ii): substituted, on , by regulation 3 of the Immigration Advisers Licensing (Partial Removal of Exemption) Regulations 2011 (SR 2011/19).
                        OSZAR »