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R v Woodberg [2020] NZDC 19424

Published 14 February 2022

Sentencing — providing immigration advice without being licensed or exempt with the knowledge of the requirements to be licensed or exempt — providing fraudulent advice — harming the integrity of the Immigration Advisers Licensing regime — advising applicants to mislead officials — Immigration Advisers Licensing Act 2007 — Liu v Immigration New Zealand [2014] NZHC 195. The defendant appeared for sentence on three charges of providing immigration advice while unlicensed. He had presented seminars in South Africa promoting New Zealand as a migration destination, and had afterwards provided three complainants with advice on migrating to New Zealand. As well as lacking the required licensing, the defendant had also advised the complainants to mislead New Zealand immigration authorities. He had thereby undermined the integrity of the Immigration Advisers Licensing regime. The Court set a start point of two years three months' imprisonment, and allowed reductions for offer to pay reparations, previous good character (especially given that the defendant was almost 70 years old), and guilty plea. The final sentence was six months' community detention, 12 months' supervision with conditions and reparations payments. Judgment Date: 1 July 2020.