Immigration adviser vs immigration lawyer in New Zealand — which do you need?

No. Under section 6 of the Immigration Advisers Licensing Act 2007, only a licensed immigration adviser or a NZ lawyer with a current practising certificate can provide immigration advice in or about New Zealand for a fee. Providing paid immigration advice without a licence is an offence punishable by up to 7 years' imprisonment and / or a fine up to NZ$100,000. Friends, family, and employers can provide free, informal help — but anyone charging for advice must be on the IAA register at iaa.govt.nz or the NZLS register at registry.lawsociety.org.nz. If you cannot verify someone on one of those registers, do not pay them for immigration advice.

A licensed immigration adviser holds a licence from the Immigration Advisers Authority (IAA) after completing the Graduate Diploma in New Zealand Immigration Advice and passing the IAA competency assessment. They are bound by the Code of Conduct for Licensed Immigration Advisers 2014. An immigration lawyer is a NZ-admitted lawyer with a current practising certificate from the New Zealand Law Society, regulated under the Lawyers and Conveyancers Act 2006. Both are authorised to provide paid immigration advice. The key practical difference: lawyers can represent clients in the High Court (judicial review) and on Immigration and Protection Tribunal appeals on points of law; licensed advisers cannot. For most visa applications, an adviser is usually sufficient and often cheaper. For appeals, judicial review, deportation matters, and criminal-immigration intersection, you need a lawyer.

For a licensed immigration adviser, search the IAA register at iaa.govt.nz/find-an-immigration-adviser/. The register shows the adviser's name, licence category (provisional / full / limited), date licensed, current status, any conditions on the licence, and any disciplinary history. For a lawyer, search the NZ Law Society register at registry.lawsociety.org.nz by the lawyer's name. The entry shows admission date, current practising certificate status, firm, and disciplinary history. Both registers are authoritative — third-party directory listings derive from them but the registers are the definitive checks. Do not engage anyone who does not appear on one of these two registers.

Licensed adviser fees (typical 2024): assessment / consultation NZ$100–NZ$300; visitor visa NZ$800–NZ$1,500; student visa NZ$1,000–NZ$2,500; work visa NZ$1,500–NZ$3,500; SMC resident visa NZ$3,000–NZ$5,000; partnership resident visa NZ$2,500–NZ$4,500. Immigration lawyer fees: hourly NZ$300–NZ$650, with fixed-fee packages for routine visa categories at rates similar to or moderately above adviser rates. Judicial review, IPT appeals on points of law, and complex deportation matters typically run NZ$10,000–NZ$40,000+. Immigration NZ visa application fees (paid separately to INZ) are typically NZ$200–NZ$800 for temporary visas and NZ$2,500–NZ$5,500 for resident visas. Both advisers and lawyers must provide a written services agreement and fee estimate before charging.

Engage an immigration lawyer when: (1) Your application has been declined and you are challenging the decision by judicial review in the High Court — licensed advisers cannot represent in the High Court. (2) You are appealing to the Immigration and Protection Tribunal on a point of law (the Tribunal can hear merits appeals via advisers, but onward appeals to the High Court on points of law require a lawyer). (3) You face deportation liability or a deportation appeal. (4) You are claiming refugee or protected-persons status. (5) Your matter involves criminal-immigration intersection (deportation triggered by conviction, character-test issues). (6) You are pursuing complex business immigration (investor visas, entrepreneur visas, large-employer accreditation) where contract and corporate-law issues intersect.

You have several options depending on what INZ decision was made. (1) Reconsideration request — for some declined applications, you can ask INZ to reconsider within a short window (typically 14 days), usually because of an error in the original decision. (2) Appeal to the Immigration and Protection Tribunal — for resident visa declines and certain other decisions; the IPT can review the merits and any errors of law; appeals must be filed within strict time limits (typically 28 or 42 days depending on the decision). (3) Judicial review in the High Court — if you believe INZ made a legal error, procedural unfairness, or unreasonable decision; lawyer-only proceeding. (4) New application — sometimes the most pragmatic path is to fix the issue that caused the decline and re-apply. The choice depends on your specific facts; an initial consultation with an immigration lawyer is the right starting point if the decline involves a substantial visa category.