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Unit 7a 169 Harris Road
East Tamaki
Auckland 2013
New Zealand
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Phone: +64 9 265 1578
Mobile: +64 275 706 540

Postal Address:
Terra Nova Consultancy Ltd
PO Box 58385 Botany
Manukau 2163
New Zealand

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Home About Us Our Terms and Conditions

Our Terms & Conditions

Once you have decided that Terra Nova Consultancy Ltd is your preferred immigration adviser, we will make up a contract specifying the services that you require. The below Service Agreement and is than applicable;

Agreement for Supply of Professional Services

BETWEEN

J Peter Hendrikx ("the Adviser")

and ____________________ ("the Client")

1. Agreement for Supply of Services

1.1 Under this Agreement the Adviser agrees to provide the Services to the Client and the Client agrees to pay the Fee for those Services.

1.2 This Agreement commences when signed and dated by both parties and both parties receive a copy of the signed Agreement.

1.3 The Adviser reserves the right to amend the Schedule if it becomes apparent to the Adviser that;

(a) the work required in order to provide the Services is significantly different to that contemplated by the parties at the commencement of this Agreement;

(b) the nature of Services required changes significantly during the course of this Agreement.

1.4 No amendment of the Schedule shall take effect until the Adviser receives a copy of the amended Schedule signed by the Client.

2. Definitions

2.1 "Adviser" includes employees and agents of the Adviser who have lawful authority to provide some or all of the Services.

2.2 "application" includes applications to INZ, immigration appeals and other actions required in the course of providing the Services.

2.3 "Client" means the immigration applicant where the Agreement is signed by the immigration applicant.

2.4 "Costs" means costs (such as international courier charges or translation of documents) paid by the Adviser on behalf of the Client in the course of providing the Services, whether or not these are set out on the Schedule.

2.5 "Fees" means the professional fees charged by the Adviser and set out in the Schedule.

2.6 "immigration advice" has the meaning given in section 7 Immigration Advisers Licensing Act 2007

2.7 "Immigration Adviser" means a person holding a current licence to provide immigration advice issued by the IAA.

2.8 "IAA" means the Immigration Advisers Authority.

2.9 "INZ" means Immigration New Zealand.

2.10 "Services" means the services provided by the Adviser and set out in the Schedule.

3. Sole Agency

3.1 The Client appoints the Adviser as the Client's agent and to receive and submit information about the Client to third parties in the course of providing the Services.

3.2 The Client agrees that, during the term of this Agreement, in respect of third parties which the Adviser would normally contact in the course of providing the Services:

(a) the Client will not contact those agencies directly; and

(b) if approached by those third parties directly the Client will refer them to the Adviser without providing information to those third parties in the Adviser's absence.

3.3 The Client warrants that at the time of signing this Agreement:

(a) the Client has not instructed any other agent to perform the Services; or

(b) the Client will immediately withdraw instructions from any other agent; and

(c) the Client will not appoint any other agent while this Agreement is in force.

3.4 The Adviser reserves the right to terminate this Agreement and demand payment of all Fees notwithstanding non-completion of the Services if the Client breaches clauses 3.2 and 3.3.

4. Obligations of the Adviser

4.1 By accepting this Agreement the Adviser undertakes to:

(a) assess the Client's circumstances with reference to the Immigration Act and Amendments, Immigration Regulations and INZ Policy and procedures;

(b) provide advice and information about the immigration process, documentation requirements, qualifications, registration, work experience and other relevant         information as necessary for provision of the Services;

(c) check all documentation against policy requirements, qualifications, references and Government forms;

(d) check documents, prepare and lodge applications in accordance with criteria published by INZ or other agencies and current at time of lodgement of any application;

(e) address issues specific to the Client's circumstances when filing applications;

(f) maintain communications with the Client and other parties as required to continue providing the Services in a competent and timely manner.

4.2 The Adviser reserves the right to suspend or cease providing the Services during the course of the Agreement if:

(a) the Client fails to cooperate with the advice given by the Adviser;

(b) the Client changes contact details without notifying the Adviser; or

(c) the Client fails to pay some or all of the Fees at the time(s) stipulated in the Schedule. In that event the Adviser shall be entitled to advise INZ or other parties related to the provision of the Services that the Adviser has suspended or ceased providing the Services, provided that the Adviser shall otherwise preserve the Client's confidentiality under this Agreement.

5. Obligations of the Client

5.1 By accepting this Agreement the Client undertakes to:

(a) provide all information and documents required by the Adviser to provide the Services, including any signed authority to act on the Client's behalf;

(b) follow the lawful directions of the Adviser in order to enable the Adviser to provide the Services;

(c) notify the Adviser of any change in circumstances which could affect the provision of the Services;

(d) notify the Adviser of any change of the Client's contact details; and

(e) pay the Fees in the amounts and at the times set out in the Schedule.

5.2 The Client warrants that to the best of the Client's knowledge all information provided by the Client to the Adviser is complete, true and accurate.

6. Payment of Fees and Costs

6.1 Fees and Costs shall be paid by the Client in the amounts and at the times set out in the Schedule.

6.2 If Fees other than specified on the Schedule are payable, the Advisor shall amend the Schedule with an Amendment to the Schedule and with the agreement of the Client.

6.3 Where the Adviser and Client agree with an Amendment of the Schedule the Adviser shall be entitled to:

(a) apply an administration charge for paying the Costs on behalf of the Client; and

(b) invoice the Client for those Costs plus administration charges (if any). Such invoice shall specify when payment of the invoice is due in accordance with the agreed amendment.

6.4 If the Client does not pay the Fees and Costs at the specified dates or times, or does not pay Costs as per an invoice for Costs, the Adviser will take action to recover the Fees and/or Costs. This may include handing the debt to a collection agency or filing Court proceedings for recovery. All costs arising out of debt recovery will be added to the debt owing by the Client.

6.5 The Adviser reserves the right to charge interest on debts which are overdue by more than 30 days. Overdue interest on any outstanding balance will be charged at the end of each succeeding month at the rate set out on the Schedule.

7. Client Funds

7.1 If the Client gives funds to the Adviser in advance for the payment of future Fees or for payment of Costs on behalf of the Client ("client funds"), the Adviser warrants to place those client funds into a bank account which is separate from the Adviser's business bank account, and which has been set up for the purpose of holding client funds.

7.2 The Client authorises the Adviser to use client funds to pay Fees and Costs when these fall due as per the Schedule or as agreed between the parties from time to time.

7.3 If Fees are not recorded on the Schedule the Client authorises the Adviser to draw upon those client funds provided that an invoice for the Fees is provided to the Client at the time of billing the Fees.

7.4 If Costs are not recorded on the Schedule but are reasonably payable in order to perform the Services the Client authorises the Adviser to use the client funds for that purpose provided that the Adviser records and can account to the Client at any time the use of the client funds.

7.5 Until used to pay Fees or Costs, all client funds remain the property of the Client and the Client may ask for the client funds to be refunded. However, in that case the Adviser reserves the right:

(a) to invoice Fees to the Client for Services provided to that time and to use some or all of the client funds to pay those Fees;

(b) to terminate this Agreement if the withdrawal of the client funds makes it difficult or impossible for the Adviser to provide the Services.

8. Adviser's Warranties and Liability

8.1 The Adviser warrants that any person providing immigration advice to the Client under this Agreement is a currently licensed Immigration Adviser.

8.2 While providing the Services during the term of this Agreement, the Adviser warrants that the Adviser will use the level of professional skill which would reasonably be expected of a competent and capable immigration adviser.

8.3 The Adviser does not warrant or guarantee:

(a) to achieve any particular outcome for the Client unless such outcome is specifically set out in the Schedule;

(b) to perform the Services where such performance is rendered difficult or impossible because of a failure by the Client to provide required documents or to take any required actions within the necessary time limits stipulated by INZ, by another Government department or tribunal, by law, or as identified in any communication from the Adviser verbally or sent to the Client's last advised postal or email address or fax number;

(c) to perform the Services where such performance would cause the Adviser to contravene any law, breach the Code of Conduct of the IAA or have the potential to damage the Adviser's reputation.

8.4 The Adviser shall not be liable for any loss whatsoever suffered by the Client arising out of disclosure by the Adviser of information about the Client to the INZ, the IAA or other relevant agency which the Adviser is required to disclose by law or pursuant to the IAA Code of Conduct.

8.5 Without limiting any rights and remedies of the Client under the Consumer Guarantees Act (if applicable), in no event will the Adviser's total liability under any claim of whatever nature arising directly or indirectly from provision of the Services exceed the value of the Fees.

8.6 Where services are provided for commercial and not individual purposes the Consumer Guarantees Act shall not apply.

9. Confidentiality

9.1 Except as provided in this Agreement, all information and documents received by the Adviser pertaining to the Client shall remain confidential to the parties and only be made available to other parties where necessary as part of providing the Services.

9.2 The Client authorises the Adviser to disclose to the IAA any information given by the Client to the Adviser in the course of providing the Services:

(a) as part of an application by the Adviser to obtain or renew a licence to be an Immigration Adviser; o

r (b) when required, by law or pursuant to the IAA Code of Conduct to make such disclosure, by the IAA or other agency with lawful authority to demand disclosure.

9.3 No information provided by the Adviser to the Client may be passed to any third party without the express permission of the Adviser.

10. Retention of Property

10.1 The Client agrees that Business Plans purposely written for the Client by the Adviser s apart of the preparation of an immigration application, may be retained by the Adviser until all Business Plan Fees or Costs are paid in full.

10.2 No passport or other travel document may be retained by the Adviser against the will of the Client.

11. Intellectual Property

11.1 The Adviser's intellectual property means information of any sort held by the Adviser and includes, but is not limited to:

(a) information relating to the employees, agents and clients of the Adviser;

(b) research methods, know-how, procedures, trade secrets, business techniques and marketing strategies used by the Adviser; and

(c) other information concerning the business, methods of operation, the finances and any other dealings, transactions and affairs of the Adviser, but does not include information:

(d) which forms part of the public domain; or

(e) which is otherwise available to the public through the purchase and use of commercial or retail products and services.

11.2 Where the Client comes into possession of any of the Adviser's intellectual property, the Client shall only use that intellectual property for the purposes for which the Adviser gave access to the intellectual property.

11.3 Any unauthorised possession or use of the Adviser's intellectual property by the Client, or any use in a way which may actually or potentially cause the Adviser to suffer a loss or expose the Adviser to liability to any third party:

(a) shall be deemed to be a conversion of the intellectual property to the use of the Client and actionable at law; and

(b) may in the appropriate circumstances be treated as theft, and in any case shall be treated a breach of an essential term of this Agreement.

12. Complaints

12.1 The Client may complain about the Adviser's provision of the Services by using the Adviser's complaints procedure.

12.2 The Client acknowledges that:

(a) the Adviser has given the Client a copy of the Adviser's complaints procedure; and

(b) the Adviser has explained the procedure for complaining to the IAA.

13. Termination

13.1 This Agreement remains in force until the later of the following:

(a) the Services have been completed; and

(b) all Fees and Costs have been paid.

13.2 This Agreement may also be terminated at an earlier time by either party giving written notice to the other party.

13.3 If the Client terminates this Agreement all Fees plus Costs (if any) shall immediately become due and payable.

13.4 The Adviser may terminate this Agreement if:

(a) the Client or another party fails to take action directed by the Adviser such that performance of the Services by the Adviser is rendered unduly difficult or impossible;

(b) the Client fails to pay the Fees or Costs in a reasonable time; or

(c) performance of the Services would cause the Adviser to contravene any law, breach the Code of Conduct of the IAA or have the potential to damage the Adviser's reputation.

13.5 If the Adviser terminates this Agreement all Fees and Costs paid at the time of termination shall be non-refundable.

14.Governing Law

14.1 This Agreement is governed by and construed in accordance with the laws of New Zealand for the time being in force, and the parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

15. Independent Legal Advice

15.1 The Client acknowledges that the Client was advised by the Adviser that the Client was entitled to seek independent legal advice before entering into this Agreement.

The above Terms and Conditions of this Agreement have been read and accepted by:

______________________________ ____ / ____ / 20 ____

Signed by or on behalf of the Client

______________________________ ____ / ____ / 20 ____

Signed by or on behalf of the Adviser

Top of page                                                                      _______________________________________________________________________________________________________________________________________ Appendix A - Schedule Services

Fees                                                                                or AS PER ATTACHED AGREEMENT

1.  $_________________ for ________________ Payable by ________________

2.  $_________________ for ________________ Payable by ________________

3.  $_________________ for ________________ Payable by ________________

Cost

1.  $_________________ to ________________ for ____________________ Payable by ____________

2.  $_________________ to ________________ for ____________________ Payable by ____________

3.  $_________________ to ________________ for ____________________ Payable by ____________

Interest Rate:   A ______ % is applicable for late payments and or payments made later than stated in the Agreement.

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_________________________________________________________________________________________________________________________________________ Appendix B - Complaints Process

If you are unhappy with any aspect of the service or advice provided by Terra Nova Consultancy Ltd we encourage you to:

1. talk with your Licenced Immigration Adviser in an endeavour to clearly identify the issue and to resolve the matter

2. if the matter is not resolved to your satisfaction phone, email or meet with the Managing Director who will review and assess the situation and decide if, or how, the matter can be resolved

3. if a resolution remains not possible you will be requested to put your complaint formally in writing to the Managing Director who will formally respond within 20 working days

4. If this response is not acceptable you can make a formal complaint to the Registrar of the Immigration Advisers Authority, PO Box 6222, Wellesley Street, Auckland, as follows:

Complaints against immigration advisers

(1) Any person may make a complaint to the Registrar concerning the provision of immigration advice by-

(a) a licensed immigration adviser; or

(b) a person who, not more than 2 years before the date of the complaint, was a licensed immigration adviser (a former licensed immigration adviser).

(2) The grounds for complaint may be any I or more of the following in relation to the immigration adviser or former licensed immigration adviser complained of:

(a) negligence:

(b) incompetence:

(c) incapacity:

(d) dishonest or misleading behaviour:

(e) a breach of the code of conduct.

(3) A complaint

(a) must be made in writing; and

(b) must specify the ground or grounds that form the basis of the complaint; and

(c) must state whether or not the complainant has made attempts to resolve the complaint using the immigration adviser's (or former licensed immigration adviser's) own complaints procedure, and the outcome (if any) of that process; and

(d) must be accompanied by copies of any supporting documentation; and

(e) may not be made anonymously.

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_________________________________________________________________________________________________________________________________________ Appendix C - Licensed Immigration Advisers Code of Conduct

1 Obligations to Clients

1.1 Care, Respect, Diligence and Professionalism

A licensed immigration adviser must, with due care, diligence, respect and professionalism:

a) perform his or her services; and

b) carry out the lawful informed instructions of clients; and

c) take reasonable steps to ensure clients’ interests are represented if the adviser cannot for any reason continue as a representative; and

d) work in a manner that does not unnecessarily increase costs; and

e) acknowledge the cultural norms and values of clients; and

f) facilitate the provision of interpreters and translators where appropriate; and

g) when requested, assist clients to access information about the Treaty of Waitangi and tikanga (Maori customs and traditions).

1.2 Confidentiality

A licensed immigration adviser:

a) must preserve the confidentiality of clients; and

b) must not disclose confidential information, other than for the purposes of the administration of the Immigration Advisers Licensing Act 2007, the promotion of the immigration interests of clients to Immigration New Zealand, as required by law, or otherwise without the client’s prior consent.

1.3 Document Security

A licensed immigration adviser must:

a) ensure any personal documents belonging to or relating to clients are held securely whilst in the adviser’s possession; and

b) return passports and other personal documents to clients, on request, without delay and in a secure manner.

1.4 Code of Conduct

A licensed immigration adviser must:

a) explain to and provide clients with a copy of the Licensed Immigration Advisers Code of Conduct before any agreement is entered into; and

b) display the Licensed Immigration Advisers Code of Conduct in a prominent place at the adviser’s place of business at all times.

1.5 Written Agreements

A licensed immigration adviser must ensure that:

a) before any agreement is entered into, clients are made aware, in writing and in plain language, of the terms of the agreement and all significant matters relating to it; and

b) agreements contain a full description of the services to be provided by the adviser; and

c) clients are advised that they are entitled to seek independent legal advice before entering into agreements; and

d) clients confirm in writing that they accept the terms of agreements; and

e) changes to the terms of agreements are recorded and agreed in writing.

1.6 Work Within Limits of Knowledge and Skills

A licensed immigration adviser must work within the scope of his or her individual knowledge and skills.

2 Obligations to the Minister of Immigration, the Department Handling Immigration Matters, the Immigration Advisers Authority and the Immigration and Protection Tribunal

2.1 Legislation and Operating Requirements

A licensed immigration adviser must, at all times:

a) act in accordance with New Zealand laws and the laws of other jurisdictions if working and living offshore; and

b) act in accordance with immigration legislation, including the Immigration Act 2009 and regulations made under it, the Immigration Advisers Licensing Act 2007, and applicable international obligations; and

c) comply with the operating requirements of Immigration New Zealand; and

d) comply with the operating requirements of the Registrar of Immigration Advisers; and

e) meet the procedural and operating requirements for managing appeals and appearing before the Immigration and Protection Tribunal; and

f) uphold the integrity of New Zealand’s immigration system and the Immigration Advisers Authority; and

g) maintain respectful and professional relationships; and

h) hold written authority from clients to act on their behalf; and

i) take all reasonable steps to submit applications in a timely manner to ensure that clients maintain lawful immigration status.

2.2 Vexatious Applications, Appeals, Requests and Claims

If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must:

a) encourage the client not to lodge it; and

b) advise the client in writing that, in the adviser’s opinion, it is vexatious or grossly unfounded; and

c) if the client still wishes to lodge it, seek written acknowledgement from the client that he or she has been advised not to.

3 Business Management

A licensed immigration adviser must maintain professional business practices relating to finances, records, documents, contracts and staff management, including:

a) confirming in writing to clients when applications have been lodged, with ongoing timely updates; and

b) confirming in writing to clients when work ceases part way through the immigration process on clients’ instructions or by the action of the adviser; and

c) obtaining agreement in writing to any material increase in costs as soon as the increase is known to the adviser; and

d) providing any refunds payable upon completing or ceasing a contract for services; and

e) maintaining complete client records that track all transactions for a period of 7 years and making those records available for inspection on request by the Authority; and

f) confirming in writing the details of material discussions with clients; and

g) maintaining correct and up to date business contact details.

4 Client Funds

A licensed immigration adviser must:

a) establish and maintain a separate clients’ bank account for holding all clients’ funds paid in advance for fees and/or disbursements; and

b) withdraw funds held on behalf of clients only when payments for fees and/or disbursements fall due; and

c) use funds held on behalf of clients only for the purpose for which they were paid to the adviser.

5 Misrepresentation

5.1 Advisers

A licensed immigration adviser must not, in a false, fraudulent or deceptive manner, misrepresent or promote:

a) himself or herself; or

b) his or her business; or

c) his or her clients or the clients’ immigration opportunities; or

d) New Zealand’s immigration requirements.

5.2 Applications

A licensed immigration adviser must not knowingly provide false or misleading documentation with any application, appeal, request, claim or other representation, or conceal relevant information relating to any application, appeal, request, claim or other representation.

6 Conflicts of Interest

A licensed immigration adviser, in relation to immigration matters, must not:

a) represent a client who has potentially conflicting interests with another client of the adviser; or

b) represent a client with whom he or she has a potential conflict of interest; or

c) enter into an arrangement with a client other than for the provision of immigration advice if the arrangement creates a potential conflict of interest;

unless the client agrees in writing to representation or the arrangement subsequent to the adviser disclosing the potential conflict.

7 Disclosure

A licensed immigration adviser must disclose:

a) to clients - any financial and non-financial interests in goods or services recommended or supplied to clients;

b) to the Immigration Advisers Authority - any information that would have a material effect on the adviser’s licence;

c) to Immigration New Zealand - any relevant change in circumstances relating to the representation of clients or to clients’ immigration applications;

d) to the Immigration and Protection Tribunal – any change in circumstances relating to the representation of clients or to the factual circumstances relating to a matter before the Tribunal.

8 Fees

A licensed immigration adviser must:

a) set fees that are fair and reasonable in the circumstances; and

b) before commencing work incurring costs, set out the fees and disbursements (including Immigration New Zealand fees and charges) to be charged, including the hourly rate and the estimate of the time it will take to perform the services, or the fixed cost for the services; and

c) set out payment terms and conditions; and

d) ensure that fees, disbursements and payment terms and conditions are provided to clients in writing prior to the signing of any written agreement; and

e) each time a fee is payable, provide clients with an invoice containing a full description of the services that the invoice relates to.

9 Provision of Complaints Procedures

A licensed immigration adviser must:

a) develop and maintain internal procedures for the resolution of complaints; and

b) explain to and provide clients with a copy of the adviser’s internal complaints procedure before any agreement is entered into; and

c) explain to, and provide clients with, the details of the complaints and disciplinary procedures that are outlined in the Immigration Advisers Licensing Act 2007; and

d) where complaints have been received by the Registrar of Immigration Advisers, provide timely responses to requests by the Registrar, as required by the Registrar’s operating requirements.

10 Display of Licence

A licensed immigration adviser must:

a) display the adviser’s licence in a prominent place in the adviser’s place of business at all times; and

b) provide evidence of being licensed to clients on request.

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________________________________________________________________________________________________________________________________________________

Appendix D - Payment options

1 Obligations to Clients
1.1 Care, Respect, Diligence and Professionalism
A licensed immigration adviser must, with due care, diligence, respect and professionalism:
a) perform his or her services; and
b) carry out the lawful informed instructions of clients; and
c) take reasonable steps to ensure clients’ interests are represented if the adviser cannot for any reason continue as a representative; and
d) work in a manner that does not unnecessarily increase costs; and
e) acknowledge the cultural norms and values of clients; and
f) facilitate the provision of interpreters and translators where appropriate; and
g) when requested, assist clients to access information about the Treaty of Waitangi and tikanga (Maori customs and traditions).
1.2 Confidentiality
A licensed immigration adviser:
a) must preserve the confidentiality of clients; and
b) must not disclose confidential information, other than for the purposes of the administration of the Immigration Advisers Licensing Act 2007, the promotion of the immigration interests of clients to Immigration New Zealand, as required by law, or otherwise without the client’s prior consent.
1.3 Document Security
A licensed immigration adviser must:
a) ensure any personal documents belonging to or relating to clients are held securely whilst in the adviser’s possession; and
b) return passports and other personal documents to clients, on request, without delay and in a secure manner.
1.4 Code of Conduct
A licensed immigration adviser must:
a) explain to and provide clients with a copy of the Licensed Immigration Advisers Code of Conduct before any agreement is entered into; and
b) display the Licensed Immigration Advisers Code of Conduct in a prominent place at the adviser’s place of business at all times.
1.5 Written Agreements
A licensed immigration adviser must ensure that:
a) before any agreement is entered into, clients are made aware, in writing and in plain language, of the terms of the agreement and all significant matters relating to it; and
b) agreements contain a full description of the services to be provided by the adviser; and
c) clients are advised that they are entitled to seek independent legal advice before entering into agreements; and
d) clients confirm in writing that they accept the terms of agreements; and
e) changes to the terms of agreements are recorded and agreed in writing.
1.6 Work Within Limits of Knowledge and Skills
A licensed immigration adviser must work within the scope of his or her individual knowledge and skills.
2 Obligations to the Minister of Immigration, the Department Handling Immigration Matters, the Immigration Advisers Authority and the Immigration and Protection Tribunal
2.1 Legislation and Operating Requirements
A licensed immigration adviser must, at all times:
a) act in accordance with New Zealand laws and the laws of other jurisdictions if working and living offshore; and
b) act in accordance with immigration legislation, including the Immigration Act 2009 and regulations made under it, the Immigration Advisers Licensing Act 2007, and applicable international obligations; and
c) comply with the operating requirements of Immigration New Zealand; and
d) comply with the operating requirements of the Registrar of Immigration Advisers; and
e) meet the procedural and operating requirements for managing appeals and appearing before the Immigration and Protection Tribunal; and
f) uphold the integrity of New Zealand’s immigration system and the Immigration Advisers Authority; and
g) maintain respectful and professional relationships; and
h) hold written authority from clients to act on their behalf; and
i) take all reasonable steps to submit applications in a timely manner to ensure that clients maintain lawful immigration status.
2.2 Vexatious Applications, Appeals, Requests and Claims
If a proposed application, appeal, request or claim is vexatious or grossly unfounded (for example, it has no hope of success) a licensed immigration adviser must:
a) encourage the client not to lodge it; and
b) advise the client in writing that, in the adviser’s opinion, it is vexatious or grossly unfounded; and
c) if the client still wishes to lodge it, seek written acknowledgement from the client that he or she has been advised not to.
3 Business Management
A licensed immigration adviser must maintain professional business practices relating to finances, records, documents, contracts and staff management, including:
a) confirming in writing to clients when applications have been lodged, with ongoing timely updates; and
b) confirming in writing to clients when work ceases part way through the immigration process on clients’ instructions or by the action of the adviser; and
c) obtaining agreement in writing to any material increase in costs as soon as the increase is known to the adviser; and
d) providing any refunds payable upon completing or ceasing a contract for services; and
e) maintaining complete client records that track all transactions for a period of 7 years and making those records available for inspection on request by the Authority; and
f) confirming in writing the details of material discussions with clients; and
g) maintaining correct and up to date business contact details.
4 Client Funds
A licensed immigration adviser must:
a) establish and maintain a separate clients’ bank account for holding all clients’ funds paid in advance for fees and/or disbursements; and
b) withdraw funds held on behalf of clients only when payments for fees and/or disbursements fall due; and
c) use funds held on behalf of clients only for the purpose for which they were paid to the adviser.
5 Misrepresentation
5.1 Advisers
A licensed immigration adviser must not, in a false, fraudulent or deceptive manner, misrepresent or promote:
a) himself or herself; or
b) his or her business; or
c) his or her clients or the clients’ immigration opportunities; or
d) New Zealand’s immigration requirements.
5.2 Applications
A licensed immigration adviser must not knowingly provide false or misleading documentation with any application, appeal, request, claim or other representation, or conceal relevant information relating to any application, appeal, request, claim or other representation.
6 Conflicts of Interest
A licensed immigration adviser, in relation to immigration matters, must not:
a) represent a client who has potentially conflicting interests with another client of the adviser; or
b) represent a client with whom he or she has a potential conflict of interest; or
c) enter into an arrangement with a client other than for the provision of immigration advice if the arrangement creates a potential conflict of interest;
unless the client agrees in writing to representation or the arrangement subsequent to the adviser disclosing the potential conflict.
7 Disclosure
A licensed immigration adviser must disclose:
a) to clients - any financial and non-financial interests in goods or services recommended or supplied to clients;
b) to the Immigration Advisers Authority - any information that would have a material effect on the adviser’s licence;
c) to Immigration New Zealand - any relevant change in circumstances relating to the representation of clients or to clients’ immigration applications;
d) to the Immigration and Protection Tribunal – any change in circumstances relating to the representation of clients or to the factual circumstances relating to a matter before the Tribunal.
8 Fees
A licensed immigration adviser must:
a) set fees that are fair and reasonable in the circumstances; and
b) before commencing work incurring costs, set out the fees and disbursements (including Immigration New Zealand fees and charges) to be charged, including the hourly rate and the estimate of the time it will take to perform the services, or the fixed cost for the services; and
c) set out payment terms and conditions; and
d) ensure that fees, disbursements and payment terms and conditions are provided to clients in writing prior to the signing of any written agreement; and
e) each time a fee is payable, provide clients with an invoice containing a full description of the services that the invoice relates to.
9 Provision of Complaints Procedures
A licensed immigration adviser must:
a) develop and maintain internal procedures for the resolution of complaints; and
b) explain to and provide clients with a copy of the adviser’s internal complaints procedure before any agreement is entered into; and
c) explain to, and provide clients with, the details of the complaints and disciplinary procedures that are outlined in the Immigration Advisers Licensing Act 2007; and
d) where complaints have been received by the Registrar of Immigration Advisers, provide timely responses to requests by the Registrar, as required by the Registrar’s operating requirements.
10 Display of Licence
A licensed immigration adviser must:
a) display the adviser’s licence in a prominent place in the adviser’s place of business at all times; and
b) provide evidence of being licensed to clients on request._________________________________________________________________________________________________________________________________________ Appendix D - Payment options1. By MailAppendix D - Payment Options

1. By Mail

Detach the bottom part of the Invoice and mail your cheque to:

Terra Nova Consultancy Ltd

PO Box 58385 Botany

Manukau 2163 New Zealand

2. By Internet Transfer

Make a Bill Payment over the Internet by depositing the amount of the Invoice into one of the accounts below and as indicated on the Invoice under “Terms”:

a) TNC Cheque Account: Terra Nova Consultancy Ltd BNZ Bank of New Zealand Account 020-772-0003359-00 Swift Code BK NZ NZ 22.

This is for normal fees payable to Terra Nova Consultancy Ltd

b) TNC Client Funds Account: Terra Nova Conusltancy Ltd BNZ Bank of New Zealand Account 020-772-0003359-25 Swift Code BK NZ NZ 22.

This is for funds payable to third parties such as Immigration New Zealand

3. In Person

Present the Invoice at our offices to make a payment in cash or by cheque. Sorry, EFTPOS and or Credit Card options are not available.

Please note

In all cases, a tax invoice covering ALL fees paid to Terra Nova Consultancy Ltd stating your name and the type of service paid for will be issued to you ________________________________________________________________________________________________________________________________________ By signing this document I confirm that I have read, understood and received the above Agreement with its Appendix A, B, C and D.

Full name applicant: ........................................... Signature: ................................... Date:........./.........../...........

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Newsflash
From 4 May 2009, the Immigration Advisers Licensing Act 2007 requires that anyone who provides immigration advice in New Zealand, onshore, must have a licence from the Immigration Advisers Authority, unless they are exempt from the requirement to hold a licence. From 4 May 2009, Immigration New Zealand will refuse to accept applications from unlicensed onshore advisers. From 4 May 2010, offshore advisers giving advice to people seeking visas, must also have a license. In other words, anyone, locally or overseas, unless exempt, must have an IAA licence.
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