Providing Immigration Advice – Please Read

[IanW99]

Flipping heck - gonna pretty quiet around here then I take it that IMHO is not gonna wash with the new legislation Bit big brother in the extreme which seems to be pretty standard for newish Nationalist government in NZ of late, not much consultation and a lot of changes across the board... Mind you any new govt has to make it's mark - you'd think they'd try to do it clearly and succinctly thought wouldn't ya

Karenx

Not wanting to be political but "Immigration Advisers Licensing Act 2007 Date of assent 4 May 2007"

Don't think you can blame National for an act that came in under Labour!!!

Ian

[JandM]

I'm going to suggest that (weasally words I know), relaying experiences are what happened to you, advice is telling someone else what to do.

I agree with this. There's nothing to stop any of us giving a link to some publicly available material (e.g. the NZIS site, other government sites, or old threads here) that we think may help someone with their question, but we mustn't tell them what we think is best for them. There's also nothing to stop us telling what has happened to us.

Also, this doesn't restrict things like, 'Where can I buy x?' and 'What's the public transport like from Y into the CBD?'

[NikT]

So......if I've understood this correctly;

You can give advice which is freely available on the DOL websites and possibly give a link to save your ass.

But you can't give advice such as; " In your situation you would be better to apply for a WTR visa".

Or have I over simplified it?

Nick.

[BkyMonster]

That's what I was thinking Nick. No answering people's questions re: 'I want to do this, so what should I do?' unless one becomes licensed. Though it seems a PM to answer a question might be acceptable as then one is not systematically distributing information to the online community.

Oh well then. Too sticky for me.
Is referring to old posts going to be out as well in light of this? ie, saying 'well this person was in your situation...'

[Jo Jo]

Is referring to old posts going to be out as well in light of this? ie, saying 'well this person was in your situation...'

I'd have thought that would be okay because it's "Providing information to another person that has been obtained from a publicly available source, or that has been prepared or made available by the Department of Labour," which is not providing "immigration advice" under the Act.

But bear in mind that, "Publicly available information does not need to be provided to another person “first-hand” or in “hard copy” form – “relaying” information that one has obtained from a publicly available source, will not amount to immigration advice if the information provided is not accompanied by guidance or assistance or direction tailored to the particular circumstances of the individual being advised."

(Highlighting mine.)

[BkyMonster]

That's why I would imagine it would be fine if they (person needing advice) found it on the ENZ site themselves, but not necessarily if someone else directed them to it.
That is, I'm fairly sure in the past people have done what is no longer supposed to be done, that is recommending a particular immigration pathway. Is referring past posts to a new questioner in a similar situation going to be sticky?
It seems to me from that wording that a simple post saying, 'you may find this helpful' and accompanied by a link to a similar situation would possibly violate the highlighted part of your quote above, but just a link to the similar situation would not. Though the text is certainly implied by providing a link

As I said, too sticky for me. Well, local information seems safe.

[peebles16]

Not wanting to be political but "Immigration Advisers Licensing Act 2007 Date of assent 4 May 2007"

Don't think you can blame National for an act that came in under Labour!!!

Ian

Fair point Ian

Karenx

[JandM]

Well, notice that the Minister (specifically talking about ENZ) says, though also recommending that all members should be made aware of this law, 'From a brief perusal it appears that generally your members do not meet the requirements to be licensed. In this regard I see no reason why your forum should not be able to continue to operate largely as it does.'

[NikT]

Well, notice that the Minister (specifically talking about ENZ) says, though also recommending that all members should be made aware of this law, 'From a brief perusal it appears that generally your members do not meet the requirements to be licensed. In this regard I see no reason why your forum should not be able to continue to operate largely as it does.'

ENZ has made all members aware of the law & made every effort to clarify it.

I don't think forum members should unduly worry about it.

And.... we help others out through our experiences, not for a fee or gain.

Nick.

[victoria24]

i'll send you the cash in the post nik