Immigration watchdog calls for new law to be reviewed

An immigration watchdog organisation is calling for a parliamentary review of the Immigration Advisers Act, two months before overseas immigration agents will be required to be licensed before they are able to give advice.

Kiwi Immigration Watch, led by former United Future MP Bernie Ogilvy, has asked the Attorney-General to report to Parliament an inconsistency between the act and the Immigration Advisers Licensing Act 2007.

Immigration Minister Jonathan Coleman last year rejected calls to change the act.

A spokesman said it would be inappropriate for the minister to comment while the matter was before the Attorney-General.

The Immigration Advisers Authority, which administers the act, also did not want to comment.

The act defines immigration advice as "using, or purporting to use, knowledge or experience in immigration to advise, direct, assist or represent another person in regard to an immigration matter relating to New Zealand, whether directly or indirectly and whether or not for gain or reward".

Mr Ogilvy says that breaches New Zealanders' basic right to freedom of expression and freedom of thought and conscience.

"These freedoms supersede and overrule any other Act of Parliament before, or after, its passing into law," Mr Ogilvy said in his letter to the Attorney-General.

"We are asking you to report to Parliament to inquire as to what constitutes "immigration advice" in the Immigration Advisers Licensing Act."

Before the passing of the act, ordinary New Zealanders could assist people with their immigration inquiry, but the legislation has made this an offence - which Mr Ogilvy says contradicts the Bill of Rights.

The legislation requires anyone who gives immigration advice to be licensed unless exempt, or face fines of up to $100,000 and up to seven years in jail.

Mr Ogilvy says the authority has "lost its focus" on the purpose of the law and has been overzealous in issuing warnings, including to bloggers discussing immigration matters.