Blogger told to stop advising on immigration
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.
…. 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. [emphasis added]
Those operating without a licence face fines of up to $100,000 and jail terms of up to seven years.
Full story NZ Herald – Tuesday Sep 22, 2009 By Lincoln Tan
Unless I’m missing something, it’s starting to get a little silly when people can’t express an opinion on their blog about the law and its implications without getting threatened with jail and large fines. What happened to fair comment?
The Immigration spokesman: “Mr Smedts said the act was in place to protect migrants from poor advice” and that’s a noble cause, of course. Without question.
But is this Ms Winterbottom (a) giving poor advice? or (b) positioning herself to take advantage of people — though her blog or some allied activity? Or (c) issuing false immigration documents, or (d) falsifying applications to the department?
I don’t know, but it doesn’t appear so.
And if she was doing any of those things, that would be an offence worth prosecuting — but “Just stop talking about it” ??? Huh?
Why the heavy-handed approach, in her case, I wonder?
Hi Peter
Thanks for the article.
I should declare the interest that I’m Helen’s husband.
The legislation in question here is badly written, and while it was intended to cover immigration AGENTS, i.e. people who help you fill in an NZIS immigration form for a fee, it has more broadly covered anyone who says anything about immigration. Which could include journalists and other people commenting on the topic.
To answer your a)->d) questions – no.
Oddly enough, if someone spouts a load of garbage about immigration, that’s not giving advice, since it’s inaccurate. However if you undertake research, check your facts (as Helen always has) before passing comment – that’s advice. Go figure.
Helen has spent years contributing, free of charge, her time and energies to a variety of emigration forums and websites. We just happen to spend most of our time doing that via our own site {www.avalonsguide.com] now. It’s one way to ensure that your opinions don’t get moderated. We’re all for balance and perspective in the immigration debate, which for migrants tends to get quite polarised between those who like their new country and those who are struggling. Too many emmigration forums have a bias one way or the other.
In terms of falisfying anything, no chance. Not even claiming to have a University degree we don’t hold, whether to get a job (running Immigration) or not.
Indeed as Helen says on the site, she doesn’t have a degree in economics, home or otherwise, so isn’t a financial advisor.
The focus of the book is about finances for migrants, rather than the immigration application process itself. And yes, it’ll be lots of print runs before we make a cent of profit on the book.
We run the site because it’ the right thing to do, we’re passionate about it, and people are interested and remain informed.
thanks
@AH: Thanks for your comments. Yes, that’s how it looked to me too. I couldn’t see any “exploitation” of which Ms Winterbottom was being accused.
So, why the jack-boot/threatening approach from the department, do you think?
… And what do you think you guys could possibly have ‘done’ do attract their, erm, attention?
That dichotomy is, sadly, typical. Effectiveness counts.
I say: Give your gift. – P
Hi Peter
Take a look at the FAQ Helen has now written which covers these questions..
http://www.avalonsguide.com/anab/2009/09/faq-the-immigration-advisors-licencing-act/
Feel free to copy the above onto this site if you’d prefer for your readers.
Rgds
AH
Thanks AH. Worthwhile.
I was sorry to read of Helen’s anxiety that her outspokenness might have negative repercussions. I hope not. Good on you both for speaking up about the truth as you see it. – P
Hi Peter
We wait to see what any consequences may be.
Fundamentally we’ve already taken on NZIS and won some victories. No small undertaking without personal consequences in itself.
They didn’t have a published and publically available complaints process until we just wouldn’t give up and got them to publish it.
May sound a little crazy sometimes, but then the Apple Think Different ‘Crazy one’s’ does say it all
http://en.wikipedia.org/wiki/Think_Different
& my of the same.
We should all try to think different a little each day.
Good for you AH.
‘Think different‘ – Yes, I was a committed Mac user by the time that campaign came out. (We felt like we were outlaws even before then.) I remember being a smidge disappointed when I learned the ‘Here’s to the crazy ones’ ode had been made up by an ad agency copy writer.
I’d earlier been very impressed with Bertrand Russell’s:
Archaic sexist language aside, I’d apply the ‘unreasonable’ label to you and Helen, in your dealings with NZIS (and perhaps to Olly Newland and me in our efforts to highlight dodgy dealings by property spruikers, despite the abuse, threats and smear campaigns that work has provoked at times).
You carry on. Kia kaha. If I can support you, let me know. – P
PS Your last two links are identical. Is than intentional?