Blogger told to stop advising on immigration

File photo

A blogger who came to New Zealand from Britain has been warned to stop giving immigration advice on her blog - or face prosecution under the Immigration Advisers Licensing Act.

The Immigration Advisers Authority says Helen Winterbottom was breaking the law by posting on avalonsguide.com, and has told her she must get a licence if she wants to continue.

Registrar Barry Smedts said the authority had issued 18 warning letters since the law came into effect on May 4, but he believed Ms Winterbottom was the only blogger to have been warned.

But the former pharmacist said she was only "speaking her mind" on her blog, which she started last November, and did not have any intention of becoming an immigration adviser.

Ms Winterbottom said she did not have the written warning, but had been told by the authority that one of her blog entries broke the law.

"I can't believe that in New Zealand we have a law that makes it a criminal offence to offer advice to someone," she said. "It really takes away our basic right to freedom of speech.

"My blog is an immigration support forum, so discussing the topic openly is what we do, just like support forums for people who have a specific illness.

"But apparently we are the only group in New Zealand who have been made illegal and it's a bizarre situation."

The Immigration Advisers Act requires anyone who gives immigration advice, whether directly or indirectly, whether or not for gain or reward, to be licensed unless exempt.

Those operating without a licence face fines of up to $100,000 and jail terms of up to seven years.

A spokesman for Kiwi Immigration Watch, Allan Hughes, said the act was daft and against the Bill of Rights.

"People should be allowed to openly discuss things, and we will be supporting Helen's case," he said.

"The act is just an attempt to take away people's rights."

The group last month met the Immigration Advisers Authority, saying the act compromised its rights and freedoms.

It said section 14 of the Bill of Rights gave everyone the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form.

Mr Smedts said the act was in place to protect migrants from poor advice.

"If someone is giving immigration advice, they must be licensed, unless exempt.

"Helen Winterbottom has suggested in her blog on July 6 that she is exempt, but she does not fit any category of exemption that we are aware of."

Lawyers, diplomats and MPs are exempt from licensing.

"If bloggers wish to continue writing about immigration issues, they need to consider if they are giving immigration advice as defined by the act,"Mr Smedts said.

"If the answer is yes, are they licensed or exempt, and if not, I recommend they either apply for a licence or invite a licensed adviser or exempt person to contribute to their blogs."