NZAMI Code of Ethics
New Zealand Association for Migration and Investment
All members of the Association for Migration and Investment are expected to conduct their businesses ethically and in accordance with the law. The present Code of Ethics is established by the Association to guide members and protect the public when members are providing advice and/or service specifically related to New Zealand's immigration law, policy and procedures.
1. Members, whether in New Zealand or not, will, in the conduct of their business with their clients, and with the New Zealand Immigration Service, comply with all of the requirements of New Zealand law, as if they were in New Zealand.
New Zealand has high standards of business and ethical behaviour that are enforced by legislation. These standards include, for example, Human Rights, Race Relations, Fair Trading and Privacy. Members of the New Zealand Association for Migration and Investment, whether New Zealanders or not, and whether in New Zealand or not, shall in all respects deal with their clients and with the New Zealand Immigration Service as if governed by the requirements of New Zealand law, and any failure to do so shall be regarded as a breach of the ethics of the Association.
2. Members will uphold the integrity of New Zealand's immigration system.
The attention of members is drawn to the Offences Section of the Immigration Act. Amongst other things, it is an offence to make any statement or provide any information or submission, knowing it to be false or misleading; or to counsel any person to be or remain in New Zealand in breach of a permit; or to encourage migration by publishing any representation that is false or misleading. Any action which is in breach of the offences provision of the Immigration Act, will be considered a breach of the ethical rules of the Association, whether or not the member is charged or convicted in terms of the Immigration Act. This obligation to uphold the integrity of New Zealand's immigration system is paramount to the obligation to represent the client in terms of Ethical Rule 5.
3. Members must take all reasonable care to ensure that before any engagement is entered into on behalf of the client, that the client is made aware in writing of the precise nature of the engagement and all significant matters relating to it, including the Members obligations under the Code of Ethics.
When dealing with members, clients should not, after engagement, be subject to unexpected outcomes, costs or procedures. Particularly in the matter of fees, the quantum, or if there is none, then the method of calculation of them, must be explained to, and accepted by the client prior to engagement, and recorded in written form, wherever reasonably possible.
4. A Member providing immigration consulting services shall:
(a) do so in a competent, efficient and professional manner;
(b) offer advice only in those areas where the member has competence;
(c) be familiar with those sections of the New Zealand Immigration Service Policy and Procedure
Manual applicable to the member's areas of business and keep abreast of relevant changes of policy and procedure.
Members providing immigration advice and/or services are expected to possess or have ready access to an updated copy of the New Zealand Immigration Service Policy and Procedure Manual, and to be familiar with the practical issues which arise in preparation, lodgment and support of applications to the New Zealand Immigration Service. If the New Zealand Association for Migration and Investment sets standards or provides training in particular aspects of immigration law and procedure, which are relevant to a member's area of business, then the member will be expected to meet those standards, and to undertake that training, if necessary, to achieve that standard.
5. During the term of engagement, members will represent their client properly and to the best of their ability, and will use their best endeavours to provide a successful outcome, subject to compliance by the client with the terms of engagement.
If any member becomes aware of their own inability to properly represent a client, the support of other Association members should be sought, in order to protect the client's interests. If the client fails to comply with the terms of engagement, the member should provide the client with a reasonable opportunity to comply, before declining to act further. In the event the member becomes aware that the client's actions may lead the member to a breach of Ethical Rules 1 and 2, the client should be advised accordingly, and the member should, if necessary, withdraw from engagement.
6. Members will disclose any financial interest in goods or services recommended or supplied to clients.
The attention of members is specifically drawn to the need to comply with the Secret Commissions Act 1908 and the Fair Trading Act 1986.
7. Members will respect the vulnerability of migrants, and will not exploit that vulnerability for commercial advantage.
Migrants are particularly vulnerable in regard to documentation. Members will take particular care in regard to travel documents, tickets and personal documentation, and specifically will not, under any circumstances, withhold from a client any personal documentation provided by or on behalf of that client.
8. Members will not disclose or permit disclosure of confidential information regarding their client's business, without the proper consent of the client, or unless it is necessary to do so to comply with Ethical Rule 2.
The requirement of confidentiality is self-evident in terms of Ethical Rule 1 and the Privacy Act. The purpose of the present Ethical Rule is to underline the paramount nature of Ethical Rule 2, and particularly to reinforce the obligation of members to uphold the integrity of New Zealand's immigration system. Not only should members not themselves do anything which is a breach of the Offences Section of the Immigration Act, neither should they allow themselves to knowingly be a shelter behind which clients breach the Offences Section of the Immigration Act. Privacy Principal No.11 of the Privacy Act, while not requiring disclosure of private information, does permit disclosure "to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution and enforcement of offences"
9. Any breach of any Ethical Rule of this Association by a person or company employed by, or appointed as, or acting as an agent of a member of this Association, will be regarded as a breach of that Ethical Rule by the member, and any disciplinary action shall he taken against the member.
Clients are not well placed to form judgments on the credibility of individuals, or of agency arrangements. If a staff member or an agent is acting on behalf of a member, the Rules of the Association shall apply to the relationship with the client, whether by the member or by his or her staff member or agent. This ethical rule cannot be contracted out of by any member, and will be applied widely, in the event members form loose arrangements that they later claim not to be employment or agency arrangements. The clear purpose of this Ethical Rule is to ensure that indirect linkages with members of the Association, whether on - or off-shore, are covered as widely as possible by these Ethical Rules.
