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Thread: Providing Immigration Advice Please Read

  1. #21
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    Quote Originally Posted by NikT View Post
    ...
    And.... we help others out through our experiences, not for a fee or gain.
    ...
    It doesn't matter if you offer advice for free or not...

    "Using, or purporting to use, knowledge of or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward."
    Ian

  2. #22
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    Question What exactly is the purpose of this law????

    Sorry if this is a stupid question, but why have they introduced this law????

    Would it be something to do with immigration consultants feeling 'put out', because the folks on this forum are doing a far superior job???

  3. #23
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    Have fun working through the hundreds of old threads on the database deleting any instances of 'advice'. The law doesn't just apply to new posts, after all.

    Might be a good time to move your server outside of New Zealand

  4. #24
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    Quote Originally Posted by Arwen View Post
    Sorry if this is a stupid question, but why have they introduced this law????

    Would it be something to do with immigration consultants feeling 'put out', because the folks on this forum are doing a far superior job???
    Ours not to reason why... You could maybe ask this question of some tame NZ politician?

  5. #25
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    Quote Originally Posted by PeteS View Post
    Maybe the reason for the legislation is that the NZIS is fed up with people telling them "But I read this on the internet....", where as if the applicants just contacted an immigration office, they'd get the correct information straight away. Probably.....
    Quote Originally Posted by Arwen View Post
    Sorry if this is a stupid question, but why have they introduced this law????
    Would it be something to do with immigration consultants feeling 'put out', because the folks on this forum are doing a far superior job???
    The intention to legislate was, I believe, first indicated in 2005:

    http://www.enz.org/regulation-immigration-agents.html

    According to the Minister at the time:

    "We are regulating the industry to protect migrants and potential migrants. The vast majority of advisors act professionally and ethically. This legislation sends a strong message that the government will not tolerate the small number of crooks who prey on vulnerable people wanting to live in New Zealand."

    So, I don't really think the regulations have anything to do with the NZIS being fed up with people telling them, "But I read this on the internet...."

    In fact, the NZIS website links to the ENZ forum.

    Quote Originally Posted by CJ22 View Post
    Have fun working through the hundreds of old threads on the database deleting any instances of 'advice'. The law doesn't just apply to new posts, after all.

    Might be a good time to move your server outside of New Zealand
    In fact, for reasons I'll explain below, we won't be deleting anything. (Our server is in the USA.)

  6. #26
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    Personal Opinion

    I believe that when the new law was drafted, no thought was given to internet forums.

    For example, under "exclusions" we read:

    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, is not providing "immigration advice" under the Act. Information is publicly available if it is contained in a public register, in a publicly available publication such as a magazine, book, newspaper, or other publication that is or will be generally available to members of the public or is contained on a website accessible by the public.
    (My bolding)

    Now I stress that what I'm going to say about this quote is my own opinion and not a legal opinion.

    Following the logic of the exclusion I've quoted above, my opinion is that, if you can read something on any website accessible by the public (e.g. the ENZ forum) then that information can be passed on without it being immigration advice. In other words if something has been written on the ENZ forum two years ago, two months ago, two weeks ago, two minutes ago or two seconds ago in location A, it can then be quoted in location B on the forum quite legally and NOT be immigration advice.

  7. #27
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    Default advice and possible repercussions

    I don't think we need to worry too much about this legislation? It was framed to catch the many sharks that are developing in this field. I doubt that anyone official will have the desire to cruise the net to find people offering help to potential immigrants.

    There are literally hundreds of sites helping people, even the Nurses Association has a site to help nurses migrate here. Almost every ethnic group has a similar site.

    Its good idea though that the moderators have outlined the rules for us, much of this site is just pointing the way to the appropriate page on the NZIS site anyway. Of course it would pay not to mention this site or the internet when dealing with NZIS, much the same as when u visit the doctor?

  8. #28
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    Quote Originally Posted by hoping2win View Post
    I don't think we need to worry too much about this legislation? It was framed to catch the many sharks that are developing in this field. I doubt that anyone official will have the desire to cruise the net to find people offering help to potential immigrants.

    There are literally hundreds of sites helping people, even the Nurses Association has a site to help nurses migrate here. Almost every ethnic group has a similar site.

    Its good idea though that the moderators have outlined the rules for us, much of this site is just pointing the way to the appropriate page on the NZIS site anyway. Of course it would pay not to mention this site or the internet when dealing with NZIS, much the same as when u visit the doctor?
    We would all like to think that you are correct and certainly I am sure that this was the intention of the law, however the IAA have gone after forums and bloggers who breach the letter of the law.

    The main reason that this site mostly just points people in the right direction now is directly due to this law change and not wanting to fall foul of said law.

    Ian

  9. #29
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    so if i answer a question with another question, like when we did this, this happened, would this be a good option for you? would that be classed as direct advice?
    It would seem hard to police within the first 12months at least because it excludes non-residents and do they really want to/can they get access to information relating to wether one is resident or not?

  10. #30
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    Just froma legal perspective, how would the NZ judicial system prosecute me as a Uk citizen resident in the UK?

    I cant' really see them applying for extradition. So I assume that the 'worst case' is that it lies of file and then I could be charged when I get to NZ.

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