RULES OF THE NEW ZEALAND ASSOCIATION FOR MIGRATION AND INVESTMENT INC.
THESE RULES WERE ADOPTED AT THE ANNUAL GENERAL MEETING OF THE ASSOCIATION ON 27 JULY 2007 AND REGISTERED WITH THE REGISTRAR OF COMPANIES ON 20 AUGUST 2007
CONTENTS
1. Name
2. Objects
3. Classification of members
4. Admission of Members
5. Fees, Subscriptions and Levies
6. Rights of Members
7. Meetings
8. Conduct of Members
9. Lapse of Membership
10. Disciplinary
11. Suspension of Membership
12. Termination of Membership
13. Board of Directors
14. Accounts
15. Registered Office
16. Amendment of Rules
17. Amendment of Regulations
18. Winding Up
19. Schedules
19.1. Code of Ethics
‘Member’ identifies the specific category of member. ‘member’ and ‘membership’ are used as the generic terms.
1. NAME
1.1. The name shall be THE NEW ZEALAND ASSOCIATION FOR MIGRATION AND INVESTMENT INCORPORATED (hereinafter called "the NZAMI").
2. OBJECTS
2.1. The objects of the NZAMI are as follows:
2.1.1. To coordinate services for individuals and organisations involved in promoting immigration to New Zealand for the benefit of migrants and NZAMI members.
2.1.2. To represent and support members of the NZAMI.
2.1.3. To establish, promote and maintain standards for the conduct of members and to ensure that the services provided by members are of the highest standard and in accordance with the Code of Ethics.
2.1.4. To provide a programme of Continuing Professional Development (CPD) to be made available to all immigration practitioners
2.1.5. To present information to Government and to the general public on the benefits of migration and investment in New Zealand.
2.1.6. To promote the good reputation of members throughout New Zealand and abroad and to foster free exchange of ideas and cooperation between members.
2.1.7. To promote the objects of the NZAMI by means of conferences, exhibitions, seminars, classes, meetings and otherwise.
2.1.8. To perform and exercise the functions and powers conferred upon the NZAMI by statute or other source of authority.
2.1.9. To provide guidance on immigration issues to all tiers of Government, statutory authorities and organisations involved in migration to and investment in New Zealand and to promote or oppose bills or other legislation affecting the interests of members.
2.1.10. To do all such things as are incidental or conducive to the attainment of the above objects.
3. CLASSIFICATION OF MEMBERS
3.1. There shall be seven classes of membership as follows:
Member
Employee Member
Member (Offshore)
Provisional Member
Affiliate Member
Associate Member
Honorary Member
3.2. Member.
3.2.1. May be a company, legal practice or an individual.
3.2.2. Is in business as, or employed as, an Immigration Adviser .
3.2.3. Meets criteria to qualify as ‘Member’ as laid down in the Regulations, or;
3.2.3.1. where the Member is a company or legal practice, it must nominate one person to represent the company or legal practice and that person must meet criteria to qualify as ‘Member’ as laid down in the Regulations.
3.2.4. Where the member is a company or legal practice, the Principals of the organisation are considered responsible for the actions of its employees and Directors or Partners.
3.3. Employee Member
3.3.1. Is employed by a Member as an Immigration Adviser.
3.3.2. Special Employee membership fee applies.
3.3.3. Is not entitled to vote at NZAMI meetings.
3.3.4. Any disciplinary issues are conducted with the employer.
3.4. Member (Offshore)
3.4.1. Meets criteria to qualify as ‘Member’, but with additional requirements as identified in the Regulations.
3.5. Provisional Member
3.5.1. Is or is intending to be in business as, or employed as, an Immigration Adviser.
3.5.2. Does not meet criteria to qualify as ‘Member’ as laid down in the Regulations.
3.5.3. Provisional membership to be granted for a period of 12 months with the proviso that continuing professional development (CPD) be undertaken as identified by the Board and that the Provisional Member will meet criteria for and apply for membership as a Member.
3.6. Affiliate Member
3.6.1. Association or organisation of practitioners with complementary aims and objects to the NZAMI.
3.6.2. May be based in New Zealand or overseas.
3.6.3. Is not entitled to vote at NZAMI meetings.
3.7. Associate Member
3.7.1. Has an interest in migration and/or investment but is not in business as, or employed as, an Immigration Adviser.
3.7.2. May be operating commercially or in the not-for-profit sector.
4. ADMISSION OF MEMBERS
4.1. Every application for membership shall be made in writing to the NZAMI in the form of application approved for that purpose by the Board and accompanied by such application fee as shall be fixed by the Board from time to time.
4.2. Applicants may nominate the class of membership to which they seek to be admitted. If the Board is of the view that an applicant is not qualified for admission to the class nominated but is qualified for admission to another class of membership, the Board may offer the applicant the opportunity to become a member in that other class.
4.3. Subject to Rule 4.7, the Board may grant membership to any individual or organisation who or which:
4.3.1. Has established to the satisfaction of the Board that they meet the criteria for appointment to the class of membership concerned; and
4.3.2. Is of good character and business reputation; and
4.3.3. In the case of applicants already practising in immigration, conduct their business in accordance with the NZAMI's Code of Ethics which has been adopted by the NZAMI.
4.4. The Board may grant Affiliate membership to any organisation which meets criteria and has established to the satisfaction of the Board that they:
4.4.1. Are of good character and business reputation and represent persons who are of good character and business reputation; and
4.4.2. Conduct their business, or represent persons who conduct their business, in accordance with the laws of their country.
4.5. The Board may grant Associate membership to any individual or organisation which meets criteria and has established to the satisfaction of the Board that they:
4.5.1. Are of good character and business reputation and represent persons who are of good character and business reputation; and
4.6. Honorary Members shall be nominated by the Board and appointed by a majority resolution of members present at an annual general meeting or special general meeting with at least seven days prior notice having been given to members of the nomination.
4.6.1. Appointment as an Honorary member shall be for a term of three years and may be renewed for one or more further terms by subsequent nomination and appointment.
4.6.2. Honorary members who are also members of another class of membership of the NZAMI shall continue to enjoy the rights and be subject to the obligations applicable to that class, except for the obligation to pay an annual subscription.
4.7. The Board of Directors shall be entitled to decline any application for membership without assigning any reason therefor.
4.8. All Board members shall maintain strict confidentiality concerning the deliberations of the Board on membership applications to the maximum extent permitted by law.
5. FEES, SUBSCRIPTIONS AND LEVIES
5.1. The Board may fix the Application Fee on an individual or group basis, depending on the category of Membership applied for.
5.2. Payment of the application fee for any class of membership may be waived at the discretion of the Board.
5.3. Each class of members shall pay such annual subscription as may be prescribed from time to time by the Board.
5.3.1. The Board may fix the annual subscription on an individual or group basis:
5.3.1.1. for Associate Members, depending on whether they are commercial or not-for-profit organisations
5.3.1.2. for Affiliate Members, in the light of any anticipated cost to the NZAMI of meeting the NZAMI's obligations under the Rules in respect of that member.
5.4. Special Levies:
5.4.1. The Board may from time to time by resolution impose on any class or classes of members a levy per member ("special levy") for specific purposes pursuant to the NZAMI's objects which are identified in the resolution imposing the levy.
5.4.2. The Board’s resolution may provide for the sum payable under a special levy to vary between classes of members and/or between members of the same class, based on size of the member’s immigration business or the size of the immigration business in which a member is engaged, the type of work carried out by the member or any other criterion which in the Board’s view affects the benefit which the member may derive from the purpose for which the levy is imposed.
5.4.3. No more than one levy shall be payable in respect of any business organisation which has one or more Members or Provisional Members engaged in its business.
5.4.3.1. Resolution of any issue arising under this Rule shall be entirely at the discretion of the Board.
5.4.4. The total amount of special levies per member imposed in any financial year of the NZAMI shall not exceed $650.00 inclusive of goods and services tax or such other limit as may from time to time be authorised by the NZAMI by resolution passed at an Annual General Meeting or Special General Meeting.
5.4.5. A special levy will be payable by the date nominated in a notice of that special levy issued by the Secretary, being not less than 14 days after the date of issue of that notice.
5.4.6. A member who files a written resignation of membership with the Secretary prior to the date nominated for payment of a special levy will not be obliged to pay that special levy.
6. RIGHTS OF MEMBERS
6.1. All financial and Honorary members shall be entitled to attend all educational, promotional and social courses and functions run by or on behalf of the NZAMI, subject to payment of any applicable attendance fee.
6.2. All financial and Honorary members shall be provided with an annual Certificate of Membership by the NZAMI specifying the category of membership granted.
6.3. All members except Provisional members may publicise that membership and use the NZAMI's logo and other visual identifiers (as defined by the Board in the Regulations) or such other format as approved by the Board from time to time, or on a case by case basis.
6.3.1. No member shall be entitled to publicise membership or use the NZAMI's logo and visual identifiers except in accordance with this rule.
6.4. All members shall be entitled to be present and to speak at all annual or special meetings of the NZAMI and all Members, Provisional Members and Associate Members who or which have paid their annual subscription and any special levy due at the date of the meeting shall be entitled to vote at such meeting.
7. MEETINGS OF MEMBERS
7.1. The annual meeting of the NZAMI to be called the Annual General Meeting shall be held not later than the month of August in each year. The order of business at such meetings shall be:
7.1.1. To receive apologies.
7.1.2. To confirm the minutes of the previous meeting.
7.1.3. To consider matters arising from the minutes.
7.1.4. To receive the Chairman's report.
7.1.5. To receive the Treasurer's report.
7.1.6. To elect the following officers and members to the Board.
7.1.6.1. A Chairman
7.1.6.2. A Vice-Chairman
7.1.6.3. Eight Directors
7.1.7. To consider and make recommendations to the Board on remits and motions brought forward from special meetings.
7.1.8. To consider and make recommendations to the Board on any motion proposed by any member, notice of which has been given to the Secretary not less than 21 days prior to the date of the meeting. (The full text of any such motion and explanatory notes to be included in the notice of meeting).
7.1.9. To vote on any notice of proposed amendment, addition or rescission of the rules.
7.1.10. To consider general business and make recommendations to the Board where appropriate.
7.2. Members may be represented for speaking purposes by a proxy and votes may be cast by a proxy in ballot voting, provided that a written proxy has been lodged with the Secretary within 24 hours prior to the commencement of the meeting.
7.3. Should there be an equality of votes, the Chairman of the meeting shall be entitled to a casting vote.
7.4. As soon as practicable after the Annual General Meeting and any Special General Meeting, the Secretary shall publish the minutes per medium of any newsletter of the NZAMI or in such other form as the Board may decide upon from time to time.
7.4.1. A further copy of the minutes shall be circulated prior to the next Annual General Meeting.
7.5. A Special General Meeting of the NZAMI may be called by the Board at any time or upon receipt of a written application by not less than twenty Members. The Secretary shall call such a special general meeting within twenty eight days of receipt of the application.
7.6. At least ten clear days before the date of any meeting of the NZAMI, the Secretary shall notify each member either by post or otherwise the date, time and place of the meeting and in the case of a Special General Meeting the purpose of such meeting.
7.7. The quorum necessary for any general meeting of the NZAMI shall be 20 members.
8. CONDUCT OF MEMBERS
8.1. The rules governing the professional conduct of members of the NZAMI shall be as detailed in these Rules, and in the Regulations of the NZAMI, and as contained in the Code of Ethics of the NZAMI set out in the First Schedule to these Rules.
9. LAPSE OF MEMBERSHIP
9.1.1. The membership of any member who has failed to pay an annual subscription or special levy shall lapse in the event of failure of that member to pay that subscription or levy within one calendar month after the date of issue of a letter from the Secretary or Treasurer warning that failure to pay the overdue subscription or levy would result in lapse of membership.
9.1.2. When membership lapses, the Board may identify the member’s status as lapsed on any lists of members.
9.1.3.An ex-member whose membership has lapsed under this clause, may reapply for membership under the provisions of Rule 4.
10. DISCIPLINARY
10.1. All members shall be subject to the disciplinary powers and procedures contained in these Rules and the Regulations.
10.2. One or more investigation committees, each consisting of three persons and including at least one director, shall from time to time be appointed by the Board and each investigation committee shall appoint its own chairperson.
10.3. Any member, person or organisation dealing with a member ("the complainant") may initiate the exercise of these disciplinary powers and procedures by a complaint in writing lodged with the secretary alleging that a member has contravened any of the provisions of these Rules or of the Code of Ethics.
10.4. The secretary shall as soon as practicable after receipt of a complaint, initiate the complaints process as detailed in the Regulations.
10.5. The Chairman, acting on a recommendation of the investigation committee, may suspend membership in accordance with the Regulations pending the outcome of an inquiry into a complaint.
10.6. The Board may authorise an investigation committee to engage a barrister or solicitor or other appropriately qualified person or organization to conduct all or part of the inquiry into a complaint and to assist the investigation committee in preparation of its report and recommendation.
10.7. The Board, upon receipt of such report shall, after such further investigations as it may think fit, either directly or indirectly through the investigation committee, determine by resolution whether or not the member had been guilty of a breach of these Rules, the Regulations or the Code of Ethics in respect of the subject matter of the complaint.
10.8. Should the Board resolve that the member has breached either these Rules, the Regulations or the Code of Ethics, then the Board shall further resolve to take further action which may include, but is not limited to, one or more of the following steps:
10.8.1. To counsel the member concerning issues arising from the complaint;
10.8.2. To censure the member;
10.8.3. To suspend membership in accordance with the Regulations;
10.8.4. To fine the member an amount not exceeding $1,000.00 (plus GST if applicable) (such fine to be paid to the NZAMI and used for its general purposes);
10.8.5. To require the member to make a full or partial refund to the client;
10.8.6. To terminate the membership.
10.9. The Board may require the member to reimburse all or part of the expenses of and incidental to the inquiry into the complaint.
10.10. Should the Board determine that the member has not breached either these Rules or the Code of Ethics, the Board may nonetheless counsel the member concerning issues arising from the complaint.
10.11. The Secretary shall enter the outcome in a register of complaints, advise the complainant in writing of the outcome of the complaint and (in the event of termination of membership), advice of the complaint and the termination shall be circulated to members at the next convenient opportunity.
10.12. No member will use any complaint, statement or communication made in the course of disciplinary procedures under these Rules for the purpose of or in the course of any civil claim or action.
11. SUSPENSION OF MEMBERSHIP
11.1. The purpose of suspension is to provide temporary protection to the interests of the NZAMI in the circumstances listed in Rule 11.2. Unless lifted by the Board pursuant to Rule 11.6 suspension shall continue until either the situations described in Rules 11.2.1 - 11.2.6 applicable to the member have been resolved in the member's favour or until the Board has reached a resolution on proceedings for termination of membership pursuant to Rule 12.
11.2. The Board may suspend membership in the following situations:
11.2.1. Where a Member or Provisional Member fails to complete the prescribed professional training requirements;
11.2.2. Where court action has been taken against a member by the NZAMI or other party or parties, and where that action relates to a breach of the Rules or Code of Ethics of the NZAMI;
11.2.3. Where court action has been taken against a member by the NZAMI or other party or parties, and where, if that action were successful, it would disqualify the member from registration under the Immigration Advisers Licensing Act 2007;
11.2.4. Where action is taken against a member which on the information provided to the Board, is considered likely to lead to bankruptcy or to legal action which, if that action were successful, would disqualify the member from registration under the Immigration Advisers Licensing Act 2007;
11.2.5. Where action has been taken against a member by the Immigration Advisers Authority or other regulatory body;
11.2.6. Where a complaint has been made against a member and/or where the actions of a member are of sufficient severity to risk bringing the NZAMI into disrepute;
11.2.7. In such other circumstances as the Board may decide by a two-thirds majority that suspension is appropriate in the circumstances. If membership is suspended under this rule then the Board shall immediately initiate termination proceedings under the appropriate provision in Rule 12.
11.3. When membership is suspended, the Secretary is to write to the member at the earliest possible opportunity, advising that membership has been suspended, advising the grounds for the suspension and inviting the member to respond.
11.3.1. The response from the member is to be circulated to the Board.
11.3.2. The Board is to give consideration to the response of the member and either confirm or withdraw the suspension.
11.4. In the event of any member having membership suspended, the Board may remove the member’s details from any lists of members.
11.5. The Board may, at its discretion, advise the Immigration Advisers Authority and/or Immigration New Zealand of a member’s suspension.
11.6. The Board may lift suspension of any member in accordance with the relevant Regulation or when it decides by a two-thirds majority that lifting the suspension is appropriate in the circumstances.
12. TERMINATION OF MEMBERSHIP
12.1. A member may resign from membership at any time by filing a written resignation with the Secretary, but without prejudice to the NZAMI's right to recover arrears of subscriptions or any other amounts owed by the member to the NZAMI as at the date of receipt of resignation by the Secretary.
12.2. The membership of an Honorary member shall (unless renewed by further appointment) terminate three years after the member's appointment.
12.2.1. Provided that, if the member is also a member of another class of membership of the NZAMI, that other class of membership shall not be terminated solely by virtue of this Rule.
12.3. The Board shall have full power to terminate the membership of any member by resolution in any of the following circumstances:
12.3.1. Pursuant to the provisions of clause 9 of these rules;
12.3.2. On account of bankruptcy or liquidation of a member;
12.3.3. On account of a member being denied registration or having registration cancelled under the Immigration Advisers Licensing Act 2007;
12.3.4. For failing to meet (or failing to continue to meet) the standards of expertise and/or qualification adopted by the Board for admission to membership;
12.3.5. In the case of Provisional Members, for failure to progress towards meeting the standards of expertise and/or qualification required for membership within a reasonable time from being admitted to Provisional membership;
12.3.6. In the case of Associate Members and Affiliate Members, for failing to continue to meet the criteria for membership specified in the Regulations;
12.3.7. On any other ground which the Board in its discretion decides by a two-thirds majority is proper.
12.4. Before the Board takes the decision to terminate membership pursuant to clause 12.3 the Board shall provide the member with a reasonable opportunity (being not less than 3 months from the date of notification of failure to meet the relevant membership requirement) to meet that membership requirement.
12.5. Before the Board takes the decision to terminate the membership of a member on any grounds pursuant to clause 12.3, the following procedure shall apply:
12.5.1. At least 21 days notice of the Board meeting at which a proposal for termination of membership is to be considered shall be given to all Board members and to the member.
12.5.2. The member shall be entitled to be present at the meeting and to be heard in his/her/its defence.
12.5.3. A resolution to terminate membership shall require a two thirds majority of the Board.
12.5.4. The termination of a member shall take effect immediately following the passing of the resolution to terminate membership.
12.6. There shall be no right of appeal from a decision by the Board to terminate membership.
12.7. In the event of any member resigning or having membership terminated, the Board may publish notice in such publications as it thinks proper including the NZAMI website, the public notices of a newspaper circulating in the area in which the former member has their place of business, advising that the former member is no longer a member of the NZAMI.
12.8. The Board must advise the Immigration Advisers Authority and Immigration New Zealand of the termination of membership of any practising member.
12.9. Following termination of membership, the former member shall return to the NZAMI their certificate of membership and shall immediately cease to use the NZAMI's logo and refrain from holding out membership of the NZAMI in any of their literature, stationery or promotional material.
13. BOARD OF DIRECTORS
13.1. The affairs of the NZAMI shall be managed by its Board of Directors ("the Board")
13.2. The Board shall consist of:
13.2.1. Where the Chairman has not been the Chairman of the NZAMI for the previous year, the Immediate Past Chairman, Chairman, Vice-Chairman and eight Directors.
13.2.2. Where the Chairman is re-elected for a further term, the Chairman, Vice-Chairman and eight Directors.
13.2.3. Not less than four Directors shall have been Members or Associate Members of the NZAMI for a period of not less than 12 months prior to nomination.
13.3. Nomination for the offices of Chairman, Vice-Chairman and eight (8) Directors shall be delivered to the Secretary of the NZAMI at least fourteen (14) days prior to the date set down for the Annual General Meeting. Nominations shall be made in writing by a Member of the NZAMI, and shall state the position for which the person is nominated and shall contain a consent by the person being nominated.
13.4. In the event of insufficient nominations being received by the date for closing of nominations, the Chairman of the Annual General Meeting shall call for further nominations from the meeting for the vacant positions subject to the signed consent of the nominees being submitted to the Chairman of the meeting. Vacancies remaining at the close of the meeting or any adjournment thereof shall be treated as casual vacancies.
13.5. The elected Chairman, Vice-Chairman and eight Directors shall hold office for twelve months. All Board members shall be eligible for nomination and re-election to any position on the Board.
13.6. The quorum necessary for the transaction of business of the Board shall be six.
13.7. The Board shall appoint a Treasurer and Secretary who may be the same person and who need not be Board members, on such terms and conditions as the Board sees fit.
13.8. The Board shall exercise all such acts and things as may be necessary to carry out the objects of the NZAMI.
13.9. The Board may delegate any of its powers under these Rules to committees and sub-committees as the Board sees fit, excluding the suspension and termination of membership.
13.10. The Board may co-opt members or their representatives on to the Board provided that such co-opted members shall have no voting rights.
13.11. The Board shall have custody of the NZAMI's papers and documents and is responsible to ensure they are stored in an appropriate location and environment.
13.12. The Board shall have authority to fill any vacancy which may occur in the composition of the Board.
13.13. The Board shall be responsible for the investment and control of the funds of the NZAMI.
13.14. The board may establish its own rules for the acceptable conduct of meetings and may decide by a two thirds majority to remove anyone acting in a manner which is disruptive or injurious to the deliberations of the Board.
13.15. The office of a Board member shall be vacated:
13.15.1. if he or she dies or resigns his or her office;
13.15.2. if he or she is absent from meetings of the Board for more than two consecutive meetings without the consent of the Board;
13.15.3. if he or she has been convicted of any crime involving dishonesty or has been adjudicated bankrupt or has made any assignment for the benefit of creditors or has made any composition with creditors;
13.15.4. if membership of the NZAMI is terminated;
13.15.5. if registration as an immigration adviser is denied or cancelled;
13.15.6. if he or she is removed by resolution of a special general meeting called for that purpose.
13.16. A Board member will be automatically suspended from the Board if he/she or his/her company is suspended, for the same duration as the membership suspension.
13.17. All Board members shall be indemnified by the NZAMI in respect of any civil liability which they may incur in the proper performance of their duties.
13.17.1. The Board will ensure that appropriate Insurance cover is obtained to support this clause.
13.17.2. The Chairman’s membership subscription to be waived with effect from the beginning of the financial year following the election.
14. ACCOUNTS
14.1. The financial year of the NZAMI shall run from the 1st day of April until the 31st day of March in each year.
15. REGISTERED OFFICE
15.1. The Board shall by resolution decide the place of the registered office of the NZAMI.
16. AMENDMENT OF RULES
16.1. The Rules of the NZAMI may be amended, added to, or rescinded by a two thirds majority vote of financial members present at any Annual or Special General Meeting provided that notice of the proposed amendment, addition, or rescission has been given to members with the notice of meeting. No addition or amendment shall in any way alter the charitable or non-profit status of the NZAMI.
17. AMENDMENT OF REGULATIONS
17.1. The Board may by a majority vote, make, amend, add to and rescind the Regulations for the conduct of the affairs of the NZAMI and its members, which are consistent with the provisions of these Rules and the Objects of the NZAMI.
18. WINDING UP
18.1. In the event of the NZAMI being wound up, the surplus assets, after payment of the NZAMI's liabilities and expenses of winding up, shall be disbursed to such charitable organisation with similar objects to the objects of the NZAMI as the Board shall approve.
19. SCHEDULES
19.1. Appended to these Rules is the CODE OF ETHICS, which govern the professional conduct of practising members of the NZAMI.
19.2. Every practising member shall display a copy of the Code of Ethics in a prominent place in his/her or its office so as to be easily read by clients and staff.
19.3. Any breach of the Code of Ethics shall render the member concerned liable to disciplinary action as set out in Rule 9.