Terra Nova Consultancy

J Peter Hendrikx, the Managing Director of Terra Nova Consultancy Ltd, is an IAA Licensed Immigration Adviser, number 200800214, and is therefore bound by the Code of Conduct from the Immigration Advisers Authority. Details of this Code of Conduct may be found below and on the website of the IAA.

Code of Conduct Immigration Advisers Authority (IAA)

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 Immigration Tribunals

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 1987 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 immigration tribunals; 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 or claim, or conceal relevant information relating to any appeal, request, or claim.

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 immigration tribunals – any change in circumstances relating to the representation of clients or to the factual circumstances relating to a matter before a 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
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.

NZAMI Code of Ethics

Terra Nova Consultancy Ltd is also a Full (Individual) Member of the New Zealand Association for Migration & Investment and the Managing Director J Peter Hendrikx has been elected Director on the Board of the NZAMI. We abide by the Code of Ethics of the NZAMI as published here and on their website.

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.

Rules of the New Zealand Association for Migration & Investment Incorporated

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, lodgement 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 judgements 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.

These Rules adopted on 10.08.2001 and registered by the Registrar of Companies on 07.11.2001 have been consolidated to include the Amendment to the Rules adopted on 17.03.2003 and registered on 20.03.2003.