Terms1

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 is than applicable;

 Terra Nova Consultancy Ltd represented by

J Peter Hendrikx, Licenced immigration Adviser # 200800214

 

and

 

Your name 

The Client/Applicant

 

 

Name & Contact Details

Your name and contact details

Adress Details

Your address details

 

THE PARTIES NAMED ABOVE HEREBY AGREE that;

 

1. Service(s) to you

 

We will prepare and compile all information required for your specific immigration matter, in this case, a Visa under the Immigration Instructions as specified below;

     

Description of the services

 

As part of this process, we will review all information and documents provided by you, and provide you with advice as to New Zealand immigration law and instructions in relation to this matter, including advice as to your options and the best way forward.

 

We estimate that this matter may take approximately  Indication of time frame (excluding any Medical and / or any Character issues) 

 

We will confirm to you in writing when your application has been submitted to Immigration New Zealand, and provide you with ongoing timely updates. We will also confirm any material discussions with you in writing, and advise you if our business contact details change at any time.

 

As part of our professional responsibilities we will provide you with a copy of the Licensed Immigration Advisers Code of Conduct 2010 (code of conduct), Terra Nova Consultancy’s Terms of Engagement, Terra Nova Consultancy’s Complaint Process and Terra Nova Consultancy’s Payment Options, and explain these documents to you.

 

2. Fee(s)

 

The Fees Payable for our Professional Services, inclusive of GST at 15% of   amount  , EXCLUDING ANY THIRD PARTY COSTS,   in total : amount

 

Our fee is a set fee that covers all work of a standard nature involved in delivering the services described in this agreement. In setting this fee, we have taken into account the expected amount of work involved and our standard hourly rate.

 

If any extra work is required involving additional fees, we will advise you of the reasons why, and obtain your written approval, before doing any extra work.  

 

3. Payment terms and conditions

 

A NOT Refundable Deposit, covering items such as: Registration and Adminsistration, Consultation, Assessment, Review, Information and detailed Immigration Advise & Instructions, Application forms, Telephone, Mobile & Email Access 24 hours per day,   on Agreement being signed :    amount

 

The Remaining Balance is payable as shown in the following Stages:

 

 Stage 1 : 

 

 Stage 2 :

 

 Stage 3 :

 

 Stage 4 :

 

 Stage 5 :

 

 Comments : 

 

The Total of the Payment in Stages as shown above is the difference between our Fees Payable of amount  and the Deposit  amount  equals to: amount

 

 

 

Disbursements and or Additional Costs may be:         Specific Notes and/or Comments to this Agreement:      Initials of Parties to this Agreement:

 

 

 

 

 

Total Disbursements payable by the client: amount 

 

Signed by:

 

Client:                                                              Employer / Third Party:                                                   Adviser: Peter Hendrikx

 

 

                                                                                                                                                                                               

4. Disbursement(s) 

Disbursements are not part of our fee(s). They are payments made to others or expenses incurred by us on your behalf.  The INZ visa application fee is a disbursement which you are responsible for paying to INZ directly by bank cheque or credit card at lodgement of the application. If there are any additional disbursements, we will advise you of these and obtain your written approval, before incurring these costs.

 

5. Invoicing 

We will invoice you when fees and or disbursements become payable in accordance with the terms of this agreement. 

Any additional fees or disbursements for which we have obtained your written approval will be payable by you as soon as we issue an invoice for them

 

6. Accessing fees held in advance

We will deduct from any client funds paid in advance held in Our client account, any fees or disbursements for which We have provided an invoice.

 

7. Interest on unpaid accounts

On accounts more than 15 days overdue, we reserve the right to charge  percentage (accruing daily from the date invoiced until paid in full) and to claim reimbursement of any collection charges incurred.

 

8. Your obligations to Us

You confirm that:

- You will inform us of any relevant matters regarding your immigration status and history.

- You will promptly provide us with all the information and documents we need in order to complete our services for you, and that all such documents and information will be valid, accurate, complete and truthful. 

- You will inform us of any relevant change in your circumstances that could affect the outcome or delivery of the service(s) you have engaged us to perform.

 

9. No guarantee of outcome

We are unable to guarantee the outcome of your application. We will however, undertake to use our professional skill for your benefit to the best of our ability at all times.

 

10. Refund policy

We will undertake a fair and reasonable assessment regarding whether you will be eligible for a refund of any fees paid by you on the termination of this agreement for any reason.

We cannot and will not however, refund any Sign-on fees or fees or disbursements that have already been paid to third parties on your behalf.

No refund is payable if you have breached your obligations to us, or to Immigration New Zealand. 

 

11. Disclosure of financial and non-financial interests 

If we refer you to suppliers of other goods or services, the company or institution concerned may pay a commission or brokerage fee which will be retained by us. Where we have a financial or non-financial interest in other goods and services supplied by us, or in other suppliers of those goods and services, we will advise you in writing of these before supplying those goods or services, or referring you to those suppliers.

At the time of signing this agreement we declare the following financial and non-financial interests in the goods or services that we have recommended or supplied to you:

No or Yes with applicable comment 

 

12. Conflicts of interest

Unless you specifically agree in writing, we cannot represent you if:

- You have potentially conflicting interests with another client of ours; or

- We have a potential conflict of interest with you.

If we must stop work on your immigration matter for reasons which you could not have reasonably been aware of, we will undertake a fair and reasonable assessment regarding whether you will be eligible for a refund of any fees paid by you. 

 

13. Complaints procedure

If You have a complaint about our services, please refer to our Complaints Procedure which has been provided to you, and which set out how you can make a complaint to us, and the process by which we will respond.

If you are not happy with our response to your complaint, and your complaint is ‘eligible’ under the Immigration Advisers Licensing Act 2007, as set out at  15.4 below, You may send your complaint to the Registrar of Immigration Advisers (the Registrar) at the Immigration Advisers Authority (the Authority):

The Registrar of Immigration Advisers

Immigration Advisers Authority

52 Symonds Street, Grafton, Auckland, PO Box 6222, Wellesley Street, Auckland 1141, New Zealand. Phone: 0508 422 422 (within New Zealand), Phone: +64 9 925 3838 (outside New Zealand).

 

Your complaint must be made in writing and specify the ground or grounds that form the basis of your complaint against us. You can use the Complaint Form provided by the Authority to make a complaint. 

You can complain if you feel that we have demonstrated negligence, incompetence, incapacity, dishonest and misleading behaviour, or have breached the Licensed Immigration Advisers Code of Conduct 2010. These terms are further described in the Complaint Form which is available, together with other information on the complaints process, on the Immigration Advisers Authority website, at www.iaa.govt.nz

 

14. Termination of agreement

You are free to terminate this agreement at any time. 

We will not terminate our services to you unless there is good cause for us to do so. Good cause includes where: 

- You breach any of Your obligations to Us; or

- You fail to pay any payment due for a period of 30 days or more; or

- We are unable to carry out our services because of a change in immigration law or instructions.

If our services to you are terminated, whether on your instructions or by our actions, we will confirm this to you in writing.

If for any reason we cannot continue to act as your representative, we will take reasonable steps to ensure that your interests are represented.

If either you or we terminate this agreement under this clause, we will be entitled to be paid a fair and reasonable fee for the work done by us up till then. 

 

15. Confidentiality 

We will treat any personal information you give us as confidential, and keep and maintain such information in accordance with the provisions of the Privacy Act 1993. 

We will not disclose your personal information without your prior consent, unless such disclosure is required for:

- the purposes of the administration of the Immigration Advisers Licensing Act 2007; 

- the promotion of your interests to Immigration New Zealand; or 

- the law requires Us to.

Your personal information will be retained for a period of seven years, and will be made available to the Immigration Advisers Authority if requested.

You have the right to have access to, and have corrected, any of your personal information held by us.

 

16. Authority to Act

You authorise us to act for you in relation to the immigration matter(s) identified in this agreement.

 

17. Independent legal advice

You have the right to seek your own legal advice about this agreement. 

If you would like to obtain your own legal advice, please do so before you sign the agreement. 

 

18. Changes to terms of agreement

Any changes to the terms of this agreement will be recorded by us, either as amendment to this agreement which will be initialled by you and us, or as a separate document which will be signed by you and us and read in conjunction with this agreement.

 

19. Signatures and acknowledgements

In signing this agreement, you acknowledge that:

- You have read the terms set out above, and agree to them. 

- You have received a copy of the Licensed Immigration Advisers Code of Conduct 2010, our Terms of Engagement, our Complaints Process and our Payment Options and are happy with our explanation of it.

- We have explained our approach to client care, including your right to make a complaint if you are unhappy with any aspect of our services, and you understand this.

- You have the right to take your own legal advice about this agreement before you sign it, and have either done so or do not wish to do so.

 

 

SIGNED by Client:                        SIGNED by                                                                     SIGNED for and on behalf of Terra Nova Consultancy Ltd:                      

                                                      Employer/Spouse/Partner/Other:                                 J Peter Hendrikx              

 

 

Date                                              Date                                                                                Date

 

                                                                    

 

 Agreement for Supply of Professional Services

 

 

  BETWEEN                             Terra Nova Consultancy Ltd represented by J Peter Hendrikx             ("the Adviser")

    

 

  and                                                             Your name                                                                  ("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; or

(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 Terms of Engagement have been explained, read and accepted by:

 

 

 

 

_____________________________             ____________________________                                                            _____________________________ 

 

Signed by the Client                                    Signed on behalf of (a) Third Party(s) (does not relate to payments of fees)   Signed by the Licensed Adviser                                         

_______________________________________________________________________________________________________________

 

Appendix A - INCLUDED IN IMMIGRATION SERVICES

 

 

1. MAIN APPLICANT,    Your name                

 

 

Visa Requirements for the Dependants of Main Applicant, also covered by this Agreement;             people.

 

 

2.    Name:                Relation:                   Type Visa:                           Included:                       To pay: $                                                                                  

 

3.    Name:                Relation:                   Type Visa:                           Included:                       To pay: $                                                                                    

 

4.    Name:                Relation:                   Type Visa:                           Included:                       To pay: $                                                                                  

 

5.    Name:                Relation:                   Type Visa:                           Included:                       To pay: $                                                                                  

 

6.    Name:                Relation:                   Type Visa:                           Included:                       To pay: $                                                                                

 

 

Please note that other applications may be required to remain legally in New Zealand. This will need to be covered by a seperate and additional contract

_________________________________________________________________________________________________

 

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 10 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.

____________________________________________________________________________________________________________

 

Appendix  C  -  Licensed Immigration Advisers Code of Conduct (JANUARY 2014)

  

General

1. A licensed immigration adviser must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner.

 

Client care

2. A licensed immigration adviser must:

a)  maintain a relationship of confidence and trust with the client and provide objective advice 

b)  acknowledge the cultural norms and values of the client 

c)  facilitate the provision of interpreters and translators as appropriate 

d)  where appropriate, advise the client when they may be eligible for legal aid under the Legal Services Act 2011 in relation to a refugee status or protection claim or appeal or immigration detention 

e)  obtain and carry out the informed lawful instructions of the client, and 

f)   when requested, assist the client to access information about the Treaty of Waitangi and tikanga (Māori customs and traditions). 

 

Legislative requirements

3. A licensed immigration adviser must:

a)  if operating in New Zealand, act in accordance with New Zealand law 

b)  if operating offshore, act in accordance with the law of the jurisdiction they are operating in, and 

c)  whether in New Zealand or offshore, act in accordance with New Zealand immigration legislation, including the Immigration Act 2009, the Immigration Advisers Licensing Act 2007 and any applicable regulations. 

 

Confidentiality

4. A licensed immigration adviser must:

a)  preserve the conficentiality of the client except in the following circumstances;

i)  with the client’s consent, or

II) if making a complaint to the Immigration Advisers Authority relating to another adviser or repsorting an alleged offence under the Immigration Advisers Licensing Act 2007, or

iii) for the administration of the Immigration Advisers Licensing Act 2007, or

iv) as required by law, and

b. require that any employees or other persons engaged by the adviser also preserve the confidentiality of the client.

 

Conflicts of interest

5. Where a licensed immigration adviser is aware that there is a potential or actual conflict of interest relating to the client, including the existence of any financial or non-financial benefit the adviser will receive as a result of the relationship with the client, the adviser must disclose the potential or actual conflict to the client in writing.

6. Where a licensed immigration adviser is aware that there is a potential or actual conflict of interest relating to the client, the adviser may only represent or continue to represent the client where the client gives written consent.

7. A licensed immigration adviser must not in any circumstances represent or continue to represent the client where they are aware that there is an actual conflict of interest that means:

a) the adviser’s objectivity or the relationship of confidence and trust between the adviser and the client would be compromised, or

b) the adviser would breach the confidentiality of a client.

 

Work within limits of knowledge and skills

8. A licensed immigration adviser must:

a)  work within the scope of their individual knowledge and skills, or under direct supervision if a provisional licence holder, or refer the client to another professional 

a) if a limited licence holder, explain to the client
that a limited licence authorises them to provide immigration advice only in relation to specified matters, and they may provide advice only in those areas, and 

c) if a provisional licence holder, explain to the client that a provisional licence requires them to work under the direct supervision of a full licence holder, and they must seek advice from the supervisor whenever necessary. 

 

Futile immigration matters

9. If a proposed application, appeal, request or claim is futile, grossly unfounded, or has little or no hope of success, a licensed immigration adviser must:

a) advise the client in writing that, in the adviser’s opinion, the immigration matter is futile, grossly unfounded or has little or no hope of success, and 

b) if the client still wishes to make or lodge the immigration matter, obtain written acknowledgement from the client that they have been advised of the risks. 

 

Professional relationships

10. A licensed immigration adviser must:

a)  if they are aware that the client has previously used another licensed or exempt immigration adviser:

i)  ensure that the previous contract has ended, or

ii) ensure that the client has terminated the services in writing, or

iii) with the client’s written consent, terminate the services in writing on the client’s behalf, or 

iv) f the client wishes to continue to engage another licensed or exempt immigration adviser, ensure that there are clear instructions on the terms of engagement with the new adviser 

b)  comply with the operating requirements of Immigration New Zealand 

c)  when applicable, comply with the operating requirements of the Immigration and Protection Tribunal 

d)  disclose to the Immigration Advisers Authority in writing any information that would have a material effect on their licence, and 

e)  notify the Immigration Advisers Authority in writing of any changes to their details as recorded on the register of licensed immigration advisers as soon as practicable, but no later than 10 working days, after the change. 

 

SUPERVISION

Supervision agreement

11. A provisional licence holder and their supervisor must have a supervision agreement in place that is approved by the Registrar of Immigration Advisers.

 

Roles and responsibilities of the supervisor

12. A supervisor must:

a)  hold a full immigration adviser licence 

b)  ensure that any fees charged for supervision are fair and reasonable in the circumstances

c)  act in accordance with the supervision agreement as approved by the Registrar of Immigration Advisers

d)  preserve the confidentiality of the provisional licence holder’s clients

e)  where there is a close personal relationship with the provisional licence holder, ensure that this does not compromise the supervision agreement between the parties, and

f)  inform the Registrar of Immigration Advisers when any notice is given that the supervision agreement is to be terminated.

 

Roles and responsibilities of the provisional licence holder

13. A provisional licence holder must:

a)  act in accordance with the supervision agreement as approved by the Registrar of Immigration Advisers

b)  inform the Registrar of Immigration Advisers when any notice is given that the supervision agreement is to be terminated

c)  not give immigration advice for any period of time in which they do not have in place a supervision agreement approved by the Registrar of Immigration Advisers, and

d)  provide any new supervision agreement to the Registrar of Immigration Advisers for approval.

 

PROFESSIONAL PRACTICE

Immigration adviser licence

14. A licensed immigration adviser must provide evidence of being licensed to the client.

 

Complaints procedure

15. A licensed immigration adviser must:

a)  develop and maintain an internal complaints procedure that notes that the client may also complain to the Immigration Advisers Authority, and

b)  if a complaint is made to the adviser, follow their internal complaints procedure.

 

Initial consultations

16. A licensed immigration adviser:

a)  must, if charging a fee for an initial consultation, before the initial consultation, obtain the client’s written consent to the fee and the payment terms and conditions for that fee, and

b)  when conducting an initial consultation with the client or potential client, whether charging a fee or not, is not required to meet the requirements at 17 and 18 below, but must adhere to all other requirements of this code of conduct.

 

Code and complaint documents

17. .Before entering into a written agreement with the client, a licensed immigration adviser must:

a)  provide the client with the summary of licensed immigration advisers’ professional responsibilities, as published by the Registrar of Immigration Advisers 

b)  explain the summary of licensed immigration advisers’ professional responsibilities to the client and advise them how to access a full copy of this code of conduct, and 

c)  advise the client that they have an internal complaints procedure and provide them with a copy of it. 

 

Written agreements

18. A licensed immigration adviser must ensure that:

a)  when they and the client decide to proceed, they provide the client with a written agreement 

b)  before any written agreement is accepted, they explain all significant matters in the written agreement to the client 

c)  all parties to a written agreement sign it, or confirm in writing that they accept it, and 

d)  any changes to a written agreement are recorded and accepted in writing by all parties. 

19. A licensed immigration adviser must ensure that a written agreement contains:

a)  the name and licence number of any adviser who may provide immigration advice to the client 

b)  where an adviser is representing the client, written authority from the client for the adviser to act on the client’s behalf 

c)  if the adviser holds a provisional licence:

i)   a record that a provisional licence requires them to work under the direct supervision of a full licence holder, and that they must seek advice from the supervisor whenever necessary

ii)  the name and licence number of their supervisor, and

iii) a record that they will disclose the client’s personal information to their supervisor who is obliged to keep that information confidential

d)  if the adviser holds a limited licence, a record of what specified matters their limited licence authorises them to provide immigration advice in relation to, and that they may provide advice only in those areas

e)  a full description of the services to be provided by the adviser, which must be tailored to the individual client

f)  where fees are to be charged, the fees for the services to be provided by the adviser, including either the hourly rate and the estimate of the time it will take to perform the services, or the fixed fee for the services, and any New Zealand Goods and Services Tax (GST) or overseas tax or levy to be charged

g) the likely disbursements that will be incurred (including any Immigration New Zealand fees), including the amount, if known, or a reasonable estimate

h)  where disbursements will be incurred, whether the disbursements will be paid directly by the client or by the adviser on the client’s behalf

i)   where fees and/or disbursements are to be charged, the payment terms and conditions for any fees and/ or disbursements

J)  where fees and/or disbursements are to be charged, what interest on unpaid accounts will be charged, if any

k)  where fees and/or disbursements are to be charged, the adviser’s refund policy

l)  if applicable, a record of any potential or actual conflict of interest relating to the client, including the existence of any financial or non-financial benefit the adviser will receive as a result of the relationship with the client

m) a record that a copy of the summary of licensed immigration advisers’ professional responsibilities has been provided and explained to the client, and

n) a record that a copy of the adviser’s internal complaints procedure has been provided to the client.

 

Fees

20. A licensed immigration adviser must:

a) ensure that any fees charged are fair and reasonable in the circumstances

b) work in a manner that does not unnecessarily increase fees, and

c) inform the client of any additional fees, or changes to previously agreed fees, and ensure these are recorded and agreed to in writing.

 

Disbursements

21. A licensed immigration adviser must:

a)  charge disbursements to the client at the actual amount, if known, or at a reasonable estimate of what it costs the adviser to provide the service 

b)  work in a manner that does not unnecessarily increase disbursements, and 

c)  inform the client of any additional disbursements, or changes to previously agreed disbursements, and ensure these are recorded and agreed to in writing. 

 

 

Invoices

22. A licensed immigration adviser must, each time a fee and/or disbursement is payable, provide the client with an invoice containing a full description of the services the fee relates to and/or disbursements that the invoice relates to.

 

Receipts

23. A licensed immigration adviser must, each time a payment is received in cash from the client, provide the client with a receipt, clearly indicating which invoice(s), if applicable, the receipt relates to.

 

Refunds

24. A licensed immigration adviser must:

a)  ensure that refunds given are fair and reasonable in the circumstances 

b)  ensure that refund obligations can be met, and 

c)  promptly provide any refunds payable upon completing or ceasing a contract for services. 

 

Client funds

25. A licensed immigration adviser must, if taking payment for fees and/or disbursements in advance of being payable and invoiced:

a) recognise that these client funds remain the property of the client until payable and invoiced 

b)  establish and maintain a separate client account for receiving and holding all client funds paid in advance 

c)  deposit any mixed funds (funds including payable payments and advance payments) into the client account at the outset and then as soon as practical withdraw from the client account the portion of the funds that were payable and for which an invoice has been issued 

d) cover any administrative costs of maintaining the client account

e) withdraw client funds only when payments for fees and/or disbursements are payable and invoiced

f)  use client funds only for the purpose for which they were paid to the adviser, and

g) when requested by the Registrar of Immigration Advisers, have business accounts audited by a Chartered Accountant to show that any client funds taken in advance are held in a separate client account and only withdrawn when payments for fees and/or disbursements are payable and invoiced.

 

File management

26. A licensed immigration adviser must:

a) maintain a hard copy and/or electronic file for each client, which must include:

i)   a full copy of the client’s application or other immigration matter

ii)  copies of all written agreements and any changes to them

iii) copies of all written communications (including any file notes recording material oral communications and any electronic communications) between the adviser, the client and any other person or organisation

iv) copies of all invoices and receipts relating to the client

v)  copies of all personal documents relating to the client supplied to the adviser, and

vi) evidence of the safe return of the client’s original documents

b) confirm in writing to the client when applications have been lodged, and make on-going timely updates 

c) confirm in writing to the client the details of all material discussions with the client 

d) maintain a well-managed filing system 

e) maintain each client file for a period of no less than 7 years from closing the file, and make those records available for inspection on request by the Immigration Advisers Authority, and 

f)  when requested by the client or their new licensed or exempt immigration adviser, release a copy of all applications lodged on behalf of the client and all correspondence relating to the client.

 

Document security and return

27. A licensed immigration adviser must:

a) ensure any financial and personal documents belonging to or relating to the client, whether held physically or electronically, are held securely whilst in the adviser’s possession, and 

b) when requested or required, return passports and other personal documents to the client without delay and in a secure manner. 

 

Termination of services

28. A licensed immigration adviser must ensure that:

a)  the termination of services, for any reason, is confirmed to the client in writing 

b) where they cease to act for the client for any reason other than the completion of agreed services, they inform Immigration New Zealand or the Immigration and Protection Tribunal, as appropriate, that they are no longer representing the client, and 

c) if, for any reason, the adviser cannot continue to act for the client, the adviser fully updates the client on the status of their immigration matter and advises them of where they could get assistance. 

 

MISREPRESENTATION

Advisers

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

a) themselves, including their qualifications or their licence status or type 

b) their business 

c) their employees 

d) the client 

e) immigration opportunities or risks, or 

f)  New Zealand’s immigration requirements. 

 

Former government officials

30. Licensed immigration advisers who are former government officials must take special care to ensure representations regarding their qualifications and past employment are strictly factual and must not promote the notion that they may have special access or influence.

 

Applications

31. A licensed immigration adviser must:

a) not deliberately or negligently provide false or misleading documentation to, or deliberately or negligently conceal relevant information from, the decision maker in regard to any immigration matter they are representing, and

b) if they become aware that false or misleading documentation has been provided to, or that relevant information has been concealed from, the decision maker in regard to any immigration matter they are representing:

i)  inform the client about the potential consequences of continuing to misrepresent themselves to the decision maker

ii) discuss with the client the ways the misrepresentation or concealment could be remedied, and

iii) should the client not consent to take action to remedy the situation, terminate their services to the client in writing.

 

Trade mark

32. A licensed immigration adviser must, if using the “Licensed by Immigration Advisers Authority” trade mark, do so in accordance with the Trade Mark Licence Agreement.

____________________________________________________________________________________________________________

 

Appendix 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, Auckland 2163, New Zealand

 

2.  By Internet Transfer

 

Make a Bill Payment over Internet by depositing the amount of the Invoice into the TNC Cheque Account from Terra Nova Consultancy Ltd at the BNZ Bank of New Zealand, Account 020-772-0003359-00 (For international payments, Swift Code BK NZ NZ 22)                          

 

Please provide Terra Nova Consultancy Ltd with a Bank Draft or your Credit Card details for fees payable to third parties. This would typically include Immigration New Zealand lodgement fees

 

3.  By PayPal

 

Please visit the company website at www.terranovaconsultancy.co.nz and proceed to the “Payments” tab enabling you to pay by PayPal. Please keep the invoice number handy.

 

4.  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 that 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 Client / Applicant:                                                   Full name of Third Party                   

                                                                                          or Employer

                                                                                           

Signature Client / Applicant:                                                   Signature  Third Party

                                                                                                   or Employer

                      

 

Date:                                                                                    Date:

                                                                   

Newsflash

Allocation times BMB

Current allocation times ( 5 April 2017) to allocate a Business application!

Meeting the Minister of Immigration

 

20170217 minister

Friday 17 February 2017 in Botany, Manukau, Auckland

The IPT Annual Report 2015

Please click here for some interesting reading noting that on average 33% of Appeals with the IPT is allowed! Interesting question you could ask yourself: what does that mean for a Decision made by INZ?

Licensed Adviser

Johannes Petrus (Peter) Hubertus Cornelis Hendrikx

Licensed Immigration Adviser
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License number: 200800214

Is your Immigration Adviser
licenced by the NZ Government?
Click here for details www.iaa.govt.nz

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Terra Nova Consultancy Ltd
14 Glanworth Place, Botany 2106
Manukau, Auckland 2106,
New Zealand
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Please arrange visit by appointment.

Phone: +64 9 265 1578
Mobile: +64 275 706 540

Postal Address:
PO Box 58385, Botany
Manukau, Auckland 2163,
New Zealand

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