Taymuraz P Zaseev Barrister
Auckland Central, Auckland, 1010 · New Zealand
+64279675984 | consult@thelawfirm.nz
This document is available for download and review before accepting any Quotation. By accepting a Quotation you confirm that you have read and accept these Terms.
These Standard Terms of Engagement (Standard Terms) apply to all work carried out by the Lawyer unless otherwise agreed in writing. They must be read alongside the Quotation issued for each specific matter.
Instructions in Writing. All instructions from the Client to the Lawyer must be given in writing, including by email. Oral instructions are not binding on the Lawyer unless confirmed in writing by the Lawyer within one working day of receipt. If the Lawyer acts on oral instructions without written confirmation, the Client is nonetheless bound by those instructions. The Client bears the risk of any misunderstanding arising from instructions that are not confirmed in writing.
No Reliance on Oral Advice. Advice, opinions, or assessments communicated verbally (including at initial consultations, by telephone, or in meetings) are preliminary in nature only and must not be acted upon unless subsequently confirmed in writing by the Lawyer. Written advice supersedes any prior oral discussion. The Client acknowledges that no claim will be made against the Lawyer based solely on oral advice that has not been confirmed in writing.
Scope Variation. Any addition to, reduction of, or other variation of the scope of the Brief as set out in the Quotation must be confirmed in writing by both the Lawyer and the Client before the varied or additional work commences. The Lawyer is under no obligation to perform work outside the scope specified in the Quotation unless a written variation has been agreed. Oral discussions about potential additional work do not constitute an agreement to perform that work or to vary the Brief.
Scope Reassessment — Material Change. If a material change in the Client’s circumstances, instructions, or applicable immigration policy occurs after the date of the Quotation that fundamentally alters the scope, viability, or risk profile of the Brief, the Lawyer may pause the Brief and issue a revised scope and fee estimate within 10 working days. If the Client does not accept the revised scope in writing within 10 working days of it being issued, either party may terminate the engagement by written notice. Fees for work performed to the date of the pause remain payable.
In these Standard Terms, unless the context otherwise requires:
"Brief" means the specific immigration matter(s) instructed under the Quotation.
“Quotation” means the client-specific engagement document issued to the Client by the Lawyer, setting out the parties, scope of work, fixed fees, payment stages, and bank account details, and incorporating these Standard Terms by reference. A validly accepted Quotation constitutes the binding engagement between the Lawyer and the Client.
"Client" means the person or persons named in the Quotation who have instructed the Lawyer.
"Fixed Fee" means a fee agreed in writing for a defined scope of work.
"GST" means Goods and Services Tax under the Goods and Services Tax Act 1985 at the prevailing rate.
"INZ" means Immigration New Zealand, a business unit of the Ministry of Business, Innovation and Employment.
"IPT" means the Immigration and Protection Tribunal established under the Immigration Act 2009.
"Lawyer" means the barrister practising under Taymuraz P Zaseev Barrister (and aka Immigration Kiwi).
"PPI" means a Potentially Prejudicial Information notice issued by INZ.
"RFI" means a Request for Further Information issued by INZ.
"Rules" means the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008.
"Trust Account Solicitor" means a solicitor nominated by the Lawyer solely to hold advance payments and retainer funds in a solicitor's trust account. The Trust Account Solicitor has no role in the conduct of the matter.
"Working Days" has the meaning given in the Interpretation Act 1999.
The Lawyer is a barrister practising on their own account and is authorised under the Lawyers and Conveyancers Act 2006 to accept direct instructions from clients in immigration matters without an instructing solicitor.
Where the Lawyer determines that in all the circumstances it would be in the Client's best interests or in the interests of justice for an instructing solicitor to be retained (for example, in complex proceedings or court matters), the Lawyer will discuss this with the Client.
Where advance payments or retainer funds are required, such funds will be held by the Trust Account Solicitor nominated by the Lawyer. The Trust Account Solicitor's role is limited strictly to trust accounting and does not extend to the conduct or supervision of the Brief.
The Lawyers’ Fidelity Fund does not provide cover in relation to barristers sole, as barristers sole do not hold client funds. If upfront payments are required, these will be held in the Trust Account Solicitor's trust account and the terms of that arrangement will be disclosed to the Client.
If the Lawyer is unavailable for any reason, the Client will be notified. The Lawyer may nominate a suitably qualified colleague to assist in urgent matters with the Client's agreement.
These Standard Terms apply to any current or future instructions unless otherwise agreed in writing.
The Client shall be deemed to have read, understood, and accepted these Standard Terms by instructing the Lawyer to proceed with legal work following receipt of the Quotation, or by paying any invoice or retainer in connection with the matter.
The Client and the Lawyer may agree in writing to add to or vary the scope of work at any time.
These Standard Terms constitute the entire agreement between the Lawyer and the Client on the matters set out herein and supersede all prior representations, unless incorporated into a written agreement.
If any provision of these Standard Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
This agreement is governed by New Zealand law. The New Zealand courts have exclusive jurisdiction over any dispute.
These Standard Terms may be executed electronically and are binding upon electronic signature or acceptance by conduct.
The following obligations are CONDITIONS of the engagement. Breach of any condition entitles the Lawyer to suspend or terminate the Brief immediately on written notice, in addition to any other remedies available at law or in equity.
(a) Truthfulness and Full Disclosure
The Client must provide the Lawyer with information and documents that are accurate, complete, authentic, and relevant to the Brief. The Client must not withhold, conceal, or misrepresent any material information. This obligation is ongoing throughout the entire engagement and does not cease upon lodgement.
(b) Timely Instructions and Documents
The Client must provide instructions, documents, and responses to the Lawyer’s requests within the timeframes specified by the Lawyer. Delay by the Client that adversely affects the progress of the Brief, causes a missed deadline, or increases the Lawyer’s workload is at the Client’s risk and may attract additional fees.
(c) Disclosure of Material Changes
The Client must promptly notify the Lawyer of any change in circumstances that may affect the Brief, including (without limitation): any change of employer or employment status; change in relationship status or the relationship the subject of the Brief; new criminal charge, investigation, or conviction anywhere in the world; new health or medical development; visa condition breach; change in travel plans; or any other matter likely to affect the application.
(d) Prior Immigration History
The Client must fully disclose all prior visa applications, refusals, cancellations, deportations, removal orders, warnings, character waivers, and all interactions with immigration authorities in New Zealand or any other country, whether or not the Client considers them relevant.
(e) Lawful Status in New Zealand
If the Client is in New Zealand, the Client must maintain lawful immigration status throughout the engagement. The Lawyer is not obliged to continue acting if the Client is or becomes unlawfully present unless separately agreed in writing. The Client must notify the Lawyer immediately if their status changes or is at risk.
(f) Payment
The Client must pay all fees and disbursements when due in accordance with the Quotation and these Terms. Failure to pay on time is a condition breach entitling the Lawyer to suspend services.
(g) No False Documents
The Client must not provide, create, procure, or knowingly use any false, forged, altered, or misrepresented document in connection with the Brief. The provision of a false document immediately and without notice terminates the Lawyer’s authority to continue acting. This is an absolute condition.
(h) Cooperation
The Client must cooperate fully and promptly with the Lawyer, including attending any required interview, providing originals or certified copies when requested, and engaging with Immigration New Zealand as required. Unreasonable non-cooperation that prevents the Lawyer from fulfilling professional obligations is good cause for termination.
Indemnity for Breach of Conditions
The Client agrees to indemnify and hold harmless the Lawyer against any loss, liability, cost, expense, fine, penalty, or claim arising directly or indirectly from any breach of the conditions set out in this section, including (without limitation) any disciplinary consequence imposed on the Lawyer as a result of the Client’s breach, except to the extent caused by the Lawyer’s own negligence or wilful misconduct.
The Lawyer will carry out the legal tasks associated with the Client's immigration matter as described in the Brief.
Any advice or comment provided outside the scope of the Brief is given gratuitously and does not constitute an extension of the Brief or an expansion of the Lawyer's responsibilities. If the Client wishes the Lawyer to act further on any such matter, a separate written instruction and agreement is required.
Where specifically instructed, the Lawyer will advise the Client on immigration options and strategies including, without limitation, temporary and residence class visa applications, variation of conditions, reconsideration requests, character or health waivers, section 61 requests, IPT appeals, and immigration compliance matters.
The Lawyer will prepare, review, and submit visa applications, supporting legal submissions, and formal correspondence to INZ, the IPT, or other government agencies, based on the information and documents provided by the Client.
The Lawyer may prepare responses to PPI notices, RFIs, and similar correspondence where these arise within the scope of the Brief or are separately instructed.
If the Client requires the Lawyer to prepare additional supporting documents (including statutory declarations, affidavits, relationship statements, or reference letters), this work falls outside the standard scope and must be separately agreed in writing.
Character waiver and medical waiver work, is a distinct task outside the standard scope and will be charged at the standard hourly rate unless otherwise agreed.
The Lawyer may decline to include or submit any material that, in their professional judgment, is misleading, incomplete, or otherwise unsuitable for formal lodgement.
The Lawyer will not act on instructions that require a breach of professional or ethical obligations or compromise the integrity of any submission or legal process.
The Lawyer will keep the Client informed of material developments, deadlines, and further steps required to progress the Brief. The Lawyer will consult the Client regarding the timing of lodgement and any procedural deadlines notified by INZ, the IPT, or the Minister's office.
The Lawyer owes a duty of care solely to the Client, unless otherwise agreed in writing. No duty of care is owed to third parties such as directors, employees, or family members, unless expressly agreed.
The Lawyer's advice is based on the information provided and the law as at the date given. The Lawyer's duty of care ends on completion of the Brief. The Lawyer will not owe any ongoing duty in respect of any related or other matters unless specifically engaged in writing to do so.
No Ongoing Monitoring. The Lawyer is not responsible for monitoring changes in immigration law, policy, or the Client’s circumstances after completion of the Brief unless separately instructed in writing
The Lawyer is not liable for errors in or omissions from information provided by third parties, or for matters the Client has not instructed the Lawyer to act on.
No Guarantee of Outcome. The Lawyer does not guarantee the success of any application, appeal, or request. All outcomes are determined by Immigration New Zealand or relevant decision-makers in the exercise of statutory discretion.
Communication may occur via electronic means. The Lawyer will not be liable for non-receipt, delay, or interference in electronic communications beyond their reasonable control.
An invoice is deemed received once it has been delivered to the Client's email server.
The Lawyer is entitled to rely on the accuracy and completeness of all information and documents provided by the Client and is not required to independently verify such information unless expressly agreed in writing.
Deadlines and Timeframes. The Client acknowledges that immigration matters are time-sensitive. The Lawyer is not responsible for missed deadlines arising from the Client’s delay in providing instructions, information, or documents.
Evidence and Factual Responsibility. The Client bears full responsibility for establishing the factual basis of their application. The Lawyer’s role is limited to advising on legal requirements and presenting the Client’s case based on information and evidence provided. The Lawyer is not responsible for independently proving the Client’s claims or sourcing evidence unless expressly agreed in writing.
Risk Advice and Scope of Disclosure. The Lawyer will advise the Client of material legal risks identified in the course of conducting the Brief. This obligation extends to information acquired by the Lawyer in the professional relationship and does not require the Lawyer to research or volunteer risks that may exist in the Client’s general circumstances beyond the scope of the Brief. The Lawyer is not required to advise on risks that are set out in published Immigration New Zealand instructions, publicly available INZ policy documents, applicable legislation, or information that the Client has or should reasonably have in their own possession. The Client is encouraged to raise any concerns about risk at any time and the Lawyer will respond accordingly.
Independence of Immigration Decision-Making Authority. The Client acknowledges that all immigration decisions are made by Immigration New Zealand (INZ) or other statutory decision-makers exercising independent discretion. The Lawyer is not responsible for, and cannot control or influence, the manner in which INZ assesses evidence, applies policy, interprets facts, or exercises discretion. The Client acknowledges that differing outcomes may occur in similar cases and that such variation does not indicate error or deficiency in the Lawyer’s services.
Legal fees and administration fees are charged on a time and attendance basis unless a fixed fee is expressly agreed in writing.
In fixing fees, the Lawyer may have regard to factors including time spent, skill and responsibility, complexity, importance to the Client, urgency, results achieved, risk assumed, the Lawyer's experience and reputation, opportunity cost, and market rates.
The Lawyer reserves the right to vary standard rates on not less than 10 working days' written notice. The varied rate applies to work undertaken after the notice period expires.
Travel and waiting time (including time spent at INZ, IPT, or other agencies) will be charged at the standard hourly rate unless the Lawyer is able to undertake other productive work during that period.
All fees are stated exclusive of GST. GST will be added at the prevailing rate and shown separately on all invoices.
Where a fixed fee is agreed, it covers the specific scope of work set out in the Quotation and any applicable Addendum. Work falling outside that scope will be charged at the standard hourly rate unless a further fixed fee is agreed in writing.
The fixed fee covers the following pre-lodgement work:
receiving instructions and evidence from the Client, including documents, identity materials, and supporting information;
evaluating the Client's circumstances and available supporting evidence, and providing a preliminary assessment of eligibility and options;
advising on any additional factors, risks, or evidence that may be required to support the application;
preparing the supporting documents for submission and maintaining an electronic document repository;
drafting the relevant visa application form(s);
drafting any supporting submission or cover letter as necessary;
lodgement of relevant visa application(s);
communications with the Client and, where required and authorised, with third parties (including employers) in connection with the Client's immigration matter;
routine communications with INZ limited to acknowledgement of receipt, status enquiries, and provision of information already held, up to and including notification of a final decision (e.g. communication with INZ that does not require substantive response).
Non-Refundable Work. Fees for work performed are non-refundable. Where a fixed fee applies, the fee is earned progressively as work is undertaken and is not contingent on the outcome of the application.
The following categories of work are excluded from any fixed fee and, if they arise, will be charged separately at the standard hourly rate:
INZ Requisitions & Notices:
Character & Health Matters:
Complications Arising from Prior History:
Additional Applications & Documents:
Third-Party & Administrative Tasks:
Communications:
General:
Any request for urgent work will attract a 30% increase to the agreed fees (whether hourly or fixed). Work is 'urgent' where the Client requests completion within a timeframe that requires the Lawyer to prioritise the matter outside of normal scheduling, or where a deadline has arisen due to circumstances within the Client's control, or where the urgency has arisen due to the Client’s actions or failure to act in a timely manner.
Where the Lawyer has reserved time for a fixture (including IPT hearing, mediation, or interview attendance) and that fixture is cancelled, a cancellation fee of 50% of the applicable day rate for each half day cancelled will apply, unless:
the fixture is cancelled more than 20 working days before the fixture date; or
the Lawyer is able to fill the reserved time with other fee-paying work.
The cancellation fee reflects the opportunity cost to the Lawyer of reserving time that cannot easily be reallocated at short notice.
Disbursements are costs incurred by the Lawyer on the Client's behalf with third parties. These may include INZ visa application fees, courier and postage costs, interpreter and translation fees, medical examination fees, police certificate fees, and IPT or court filing fees.
Disbursements are not included in legal fees and are payable separately. Amounts are set by third parties and subject to change without notice. Unless otherwise agreed in writing, disbursements must be paid in advance.
If it is necessary to engage a third-party provider (e.g. expert, medical assessor, interpreter), the Client may be required to enter into a direct arrangement with that person and will be responsible for their fees.
All advance payments and deposits must be paid into the trust account of the Trust Account Solicitor nominated by the Lawyer. Payment details are set out in the Quotation.
The Lawyer may issue interim invoices at regular intervals or upon completion of a defined phase of work. A final invoice will be issued upon completion or termination of the Brief.
Invoices are payable on receipt. An invoice is deemed received once delivered to the Client's email server.
Interest may be charged on any overdue amount at a rate of 15% per annum, calculated from the 11th day the invoice remains unpaid, until paid in full.
If legal action is taken to recover unpaid fees, the Client will be liable for all legal costs on a solicitor-client basis, including filing fees and enforcement costs.
An advance retainer may be required before work commences. The retainer is held in the Trust Account Solicitor's trust account and may be applied to invoices as they fall due. The Lawyer may increase the retainer at their discretion and may require replenishment if the retainer is drawn down.
Fee estimates are indicative only and not binding. The Client will be advised if circumstances arise that are likely to result in a material increase in fees.
The Lawyer has a lien over the Client's file, documents, and proceeds of any application or appeal until all fees and disbursements have been paid in full. The Lawyer may retain all files, documents, and work product (including electronic records) until all outstanding fees and disbursements are paid in full.
A third party's refusal or failure to pay does not extinguish the Client's primary obligation to pay all fees.
Where a third party (e.g. employer or sponsor) guarantees payment of the Client's legal fees, that party is jointly and severally liable for all amounts due. Guarantors are not entitled to access confidential or privileged information about the Client unless the Client provides prior written consent.
Client termination
The Client may terminate the Brief at any time by giving written notice to the Lawyer.
Termination does not affect:
any obligation to pay fees and disbursements properly incurred up to the date of termination; or
any rights of the Lawyer in respect of unpaid fees, including any lien over documents or funds.
Termination by Lawyer (for good cause)
The Lawyer may terminate the Brief for good cause, on reasonable notice to the Client, including where:
the Client has provided false, misleading, or incomplete information;
instructions require or would likely result in a breach of any professional or legal obligation;
the Client fails to pay fees or maintain required trust funds;
the Client fails to provide timely instructions or information necessary to progress the Brief;
the Client adopts conduct that materially undermines the relationship of trust and confidence;
continued acting is impractical due to breakdown in instructions, cooperation, or communication; or
the Client engages in conduct directed towards the Lawyer or any person associated with the Lawyer’s practice that amounts to bullying, discrimination, harassment, racial harassment, sexual harassment, threatening behaviour, or violence (as those terms are defined in the Rules). This good cause ground reflects the requirements of rule 4.2.1(f) as amended with effect from 1 July 2021.
the Lawyer has lost professional confidence in the Client’s candour, whether or not fraud is suspected, where the Lawyer reasonably considers that continued reliance on the Client’s information would be inconsistent with the Lawyer’s professional obligations;
a material change in the Client’s circumstances, the applicable immigration policy, or the factual foundation of the Brief that fundamentally alters the scope, viability, or risk profile of the engagement and which the Client is unwilling or unable to address within a reasonable time;
the Client fails to maintain lawful immigration status in New Zealand during the engagement, where maintaining such status is material to the ability of the Lawyer to continue acting.
Termination under this clause will be exercised consistently with the Lawyer’s duties under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, including obligations to give reasonable notice and reasonable assistance.
Immediate cessation of acting (professional obligation)
The Lawyer may cease acting immediately and without prior notice where continued engagement would:
require or risk breach of any legal, ethical, or professional obligation;
involve reliance on information reasonably suspected to be false, misleading, or materially incomplete;
risk submission of inaccurate, misleading, or non-compliant information to Immigration New Zealand or any other authority; or
otherwise expose the Lawyer to unacceptable professional risk or regulatory non-compliance.
Where this clause applies, the Lawyer will notify the Client as soon as reasonably practicable.
Suspension of services
The Lawyer may suspend performance of services (in whole or part) where:
fees are overdue or trust funds are insufficient;
the Client fails to provide instructions, documents, or information required to progress the Brief; or
continued work is impractical due to excessive, unreasonable, or disruptive communication patterns.
Suspension does not constitute termination unless expressly confirmed in writing.
Consequences of termination, cessation, or suspension
Upon termination, cessation, or suspension (where not resumed), the Lawyer:
is entitled to all fees and disbursements incurred up to that point;
may retain the Client’s file, documents, and funds subject to any lawful lien;
is not obliged to complete any step or task in relation to the Brief; and
will not be liable for consequences arising from termination, cessation, or suspension, except to the extent such limitation is prohibited by law.
Where requested, and consistent with professional obligations, the Lawyer will provide reasonable assistance to enable transfer of the file to another lawyer.
Completion of engagement
The Brief is completed when:
the specific services described in the engagement have been delivered; or
the Lawyer confirms in writing that the Brief has concluded.
Completion does not create any ongoing duty unless expressly agreed in writing. Upon completion, the Lawyer will notify the Client in writing, provide a brief summary of the work undertaken to the extent not previously communicated, and identify any necessary future actions the Client should take, consistent with the Lawyer’s obligations under rule 7.6 of the Rules.
The Lawyer practises as a barrister sole on the Lawyer’s own account. Clients should be aware that there is no partnership or firm structure to continue the Lawyer’s practice in the event of the Lawyer’s absence, incapacity, or death.
Short-Term Personal Incapacity
If the Lawyer is unable to act for more than 5 consecutive working days due to personal illness, injury, bereavement, or other personal emergency, the Client will be notified as soon as practicable by the Lawyer or by a nominated contact person.
Prolonged Incapacity (more than 20 working days)
If the Lawyer is unable to act for more than 20 working days, the Client may elect to:
(a) consent to the appointment of a suitably qualified locum nominated by the Lawyer, with work continuing under the same terms; or
(b) terminate the engagement without penalty, in which case all fees paid in advance for work not yet performed will be refunded on a pro-rata basis within 10 working days.
Death or Permanent Incapacity
In the event of the Lawyer’s death or permanent incapacity, the Lawyer’s nominated contact person or personal representative will:
(a) notify all active clients as soon as reasonably practicable;
(b) facilitate the transfer of files to a replacement lawyer of the Client’s choosing; and
(c) ensure that advance payments held by the Trust Account Solicitor are dealt with in accordance with that solicitor’s trust accounting obligations and the Client’s entitlements.
Regulatory Suspension or Practice Condition
If a regulatory condition or suspension imposed by the New Zealand Law Society or any competent authority prevents the Lawyer from completing the Brief, the Client will be notified in writing within 3 working days. The Client may elect to suspend or terminate the engagement. If terminated, fees paid in advance for uncompleted work will be refunded pro-rata within 10 working days.
The Lawyer’s nominated contact person for the purposes of this section is: [FULL NAME / EMAIL / PHONE — insert details].
Where more than one person is instructing the Lawyer, each person is jointly and severally liable for all fees.
The Clients may nominate one representative to give instructions and receive communications. The Lawyer may rely on instructions from any nominated representative unless advised otherwise in writing.
If a Client withdraws from proceedings by written notice, they remain liable for fees incurred to that date but are not liable for future work. A withdrawing party may not claim proceeds or settlements and must maintain confidentiality of all information related to the Brief.
The Lawyer may collect and retain personal information for the purposes of delivering Legal Services, conducting credit checks, complying with legal and professional obligations, and pursuing recovery of unpaid amounts.
Upon completion or termination of the Brief, original documents provided by the Client will be returned to the Client. The Lawyer may retain working files, notes, and documents for a minimum of seven (7) years, after which they may be securely destroyed. You authorise the Lawyer to destroy files and documents seven years after the engagement ends, or earlier if they have been converted to electronic format.
The Client may request access to or correction of any personal information held by the Lawyer.
The Client is entitled to their original documents subject to lien. The Lawyer retains ownership of all working papers, internal notes, drafts, and precedents.
Document Provision Requirements
Original documents must not be provided unless expressly requested by the Lawyer.
Unless otherwise instructed, all documents must be provided as clear, legible, and high-quality PDF files. Each document must be properly scanned (not photographed where avoidable), with sufficient resolution to ensure that all text and images are crisp and readable.
Each file must not exceed 10MB in size. Where a document exceeds this limit, it must be split into appropriately labelled parts or compressed without compromising readability.
The Client is responsible for ensuring that all documents provided meet these requirements. Documents that are unclear, incomplete, or non-compliant may be rejected and may delay the progress of the matter.
The Lawyer will maintain strict confidentiality in respect of all information acquired in the course of acting for the Client. The Lawyer will not disclose such information to third parties except:
where disclosure is necessary to carry out the Client's instructions;
where disclosure is required by law, a court order, or applicable regulatory obligation;
where the Client expressly or impliedly authorises disclosure;
where disclosure is necessary to protect the Lawyer's legal interests in connection with a dispute or complaint, including where the Client makes false or materially misleading allegations about the Lawyer's conduct.
The Client acknowledges and agrees that the Lawyer may utilise artificial intelligence (AI) tools, automated systems, and software platforms (including generative AI) in the provision of legal services. These tools may be used for legal research, document review, drafting, data analysis, and workflow management.
In the course of providing Legal Services, the Lawyer may collect, store, and process the Client's personal information (including sensitive information, immigration-related data, and supporting documents) using secure cloud-based platforms and online software tools. These may include, without limitation:
Google Workspace (Gmail, Google Drive, Google Docs);
Proton for Business (and associated services)
Practice management or CRM platforms (e.g. Clio, Insightly, Zoho, or own proprietary systems);
Form and data intake platforms (e.g. Jotform or similar);
AI-assisted drafting and research tools operated by third-party providers (e.g. Anthropic, OpenAI, or similar).
Some of these platforms are operated by offshore third-party providers. Client information may be transmitted to and stored in overseas jurisdictions that may not have privacy protections equivalent to those under New Zealand law. By accepting these Terms, the Client consents to the transfer and storage of their personal information in such jurisdictions for the purpose of enabling the Lawyer to deliver the agreed Legal Services.
The Lawyer will take reasonable and proportionate steps to ensure that any platforms used are reputable, subject to commercial-grade security standards, and that access is restricted to authorised personnel. Data will be managed in accordance with the Privacy Act 2020 and the Lawyer's professional obligations.
All AI-generated outputs are subject to human review and the exercise of independent professional judgment by the Lawyer. The use of AI tools does not diminish the standard of care owed to the Client. The Lawyer remains responsible for all final work product.
The Lawyer will not be liable for any loss arising from a security breach of a third-party platform, provided the Lawyer has taken reasonable steps in selecting and using the system in good faith.
If the Client has specific security requirements (e.g. prohibiting generative AI for certain documents, or requiring data to remain within New Zealand), they must notify the Lawyer in writing before or at the time of signing.
The Client acknowledges that the use of technology, including AI tools, may involve inherent limitations and accepts this as part of modern legal service delivery.
By accepting the Quotation, the Client consents to the use of such technology and AI tools, including offshore platforms, in the conduct of their matter.
The Lawyer may be required to verify the Client's identity and conduct due diligence under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. This may include collecting information about the Client's identity, source of funds, and the nature of the matter.
The Client agrees to promptly provide all necessary information and documentation when requested. Legal Services may be delayed or declined if required information is not provided.
Where the Lawyer is required by applicable anti-money laundering legislation to make a report of a suspicious transaction or activity, the Lawyer is prohibited by law from notifying the Client that such a report has been made. The Client acknowledges that the Lawyer’s inability to disclose the existence of such a report does not constitute a breach of the Lawyer’s confidentiality obligations under these Terms or the Rules. Notwithstanding any other provision of these Terms, the Lawyer will comply fully with all obligations imposed by anti-money laundering and counter-financing of terrorism legislation as a matter of overriding public law duty.
If a conflict of interest or potential conflict arises, the Lawyer will notify the Client promptly and comply with the Rules.
Where the conflict is manageable and all affected parties consent, the Lawyer may continue acting. Where it is not, the Lawyer will cease acting and recommend independent advice be sought.
The Lawyer does not hold professional indemnity insurance. This is disclosed to the Client as required by rule 3.4A(b) of the Rules. Clients should take this into account when instructing the Lawyer.
To the maximum extent permitted by law, the Lawyer’s total aggregate liability to the Client arising out of or in connection with the Brief (whether in contract, tort, equity, statute, or otherwise) is limited to an amount not exceeding the total fees actually paid by the Client for that Brief.
This limitation does not apply to liability arising from fraud, dishonesty, or wilful misconduct.
If the Client is acquiring Legal Services for business purposes as defined under the Consumer Guarantees Act 1993, the provisions of that Act do not apply to this engagement.
If the Client has a concern or complaint, they are encouraged to raise it with the Lawyer in the first instance.
If informal resolution is not achieved, the complaint should be made in writing and will be reviewed by a senior practitioner nominated by the Lawyer's chambers.
If unresolved, the Lawyer will recommend mediation or appropriate alternative dispute resolution.
The Client also has the right to lodge a complaint with the New Zealand Law Society Lawyers Complaints Service:
Website: www.lawsociety.org.nz
Phone: 0800 261 801
Post: PO Box 5041, Wellington 6145
Email: complaints@lawsociety.org.nz
The provisions of this section govern events that may prevent or impede the Lawyer’s performance of obligations under these Terms.
External Force Majeure Events
The Lawyer is not liable for any delay or failure to perform obligations arising from events beyond the Lawyer’s reasonable control, including (without limitation): natural disasters; pandemics or public health emergencies; government actions or restrictions; acts of God; widespread utility or internet outages; or any other cause that could not have been prevented by the exercise of reasonable care and diligence.
INZ and Government Processing Delays
Processing times, decisions, delays, and system outages of Immigration New Zealand or any other government authority are outside the Lawyer’s control and do not constitute a failure by the Lawyer to perform. Changes in INZ policy, processing priorities, or operational capacity during the engagement are not force majeure events affecting the Lawyer’s performance but are expressly excluded from the Lawyer’s liability. The Lawyer will use reasonable endeavours to notify the Client of material changes in processing timelines as they become known.
Technology and Cybersecurity
The Lawyer will not be liable for any loss arising from a cybersecurity incident, data breach, ransomware attack, or failure of a third-party technology platform (including cloud storage, email, and practice management systems), provided the Lawyer has taken reasonable steps in selecting and maintaining the systems concerned and has complied with the Lawyer’s obligations under the Rules.
Duty to Notify
Where a force majeure or business continuity event occurs that affects the Lawyer’s ability to perform, the Lawyer will notify the Client in writing as soon as practicable of the nature of the event, its likely duration, and any steps being taken to mitigate its effect on the Brief.
Prolonged Force Majeure
If a force majeure event prevents the Lawyer from performing obligations for more than 30 consecutive working days, either party may terminate the engagement by giving 5 working days’ written notice to the other. On such termination, fees paid in advance for work not yet performed will be refunded pro-rata within 10 working days. Fees for work already performed remain payable.
If a dispute arises between the Lawyer and the Client arising out of or in connection with these Terms, the Quotation, or the provision of Legal Services, the parties agree to attempt resolution through the following escalating steps before commencing formal proceedings.
Step 1 — Direct Discussion
The party raising the dispute will notify the other party in writing, identifying the nature and substance of the dispute. The parties will confer (in person, by telephone, or by video call) within 5 working days of the notice to attempt a negotiated resolution in good faith.
Step 2 — Formal Negotiation
If direct discussion does not resolve the dispute within 10 working days of the notice, either party may issue a written Notice of Dispute setting out their position in detail. The parties will then negotiate in good faith for a further 10 working days. Each party bears its own costs in the negotiation.
Step 3 — Mediation
If negotiation does not resolve the dispute, either party may refer the matter to mediation. The mediator will be agreed upon by the parties or, failing agreement within 5 working days, nominated by the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). The cost of the mediator’s fees will be shared equally between the parties unless otherwise agreed. Each party bears its own legal costs in the mediation.
Interim and Urgent Relief
Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction where necessary to prevent immediate and irreparable harm, without first following the steps above.
This clause does not limit the Client’s right to make a complaint to the New Zealand Law Society Lawyers Complaints Service at any time. The dispute resolution process operates independently of any complaints process.
Entire Agreement
These Standard Terms and the Quotation constitute the entire agreement between the Lawyer and the Client in relation to the Brief and supersede all prior representations, discussions, negotiations, understandings, and agreements, whether written or oral. The Client acknowledges that they have not relied on any statement, representation, forecast, or promise not expressly set out in these Terms or the Quotation. No terms or conditions proposed by the Client (including in any correspondence or brief) will form part of the agreement unless expressly accepted in writing by the Lawyer.
No Third-Party Reliance
Legal advice and services provided under these Terms are given solely for the benefit of the Client in connection with the specific Brief. No third party — including without limitation any employer, sponsor, family member, business associate, or other person — may rely on any advice, opinion, document, or report provided by the Lawyer to the Client, unless the Lawyer has expressly agreed in writing that a specific named third party may do so. The Lawyer accepts no liability to any third party in connection with the Legal Services.
Severability
If any provision of these Terms is found by a court or tribunal to be void, unenforceable, or invalid for any reason, that provision is to be read down to the minimum extent necessary to make it valid or, if it cannot be so read down, severed from these Terms. The remaining provisions continue in full force and effect and are not affected by the severance.
Waiver
Failure by the Lawyer to enforce any provision of these Terms on any particular occasion does not constitute a waiver of that provision or of the Lawyer’s right to enforce it on any subsequent occasion. No waiver by the Lawyer is effective unless given in writing and signed by the Lawyer. A single or partial exercise of any right does not preclude any other or further exercise of that right.
Governing Law and Jurisdiction
These Terms and the Quotation are governed by and construed in accordance with the laws of New Zealand. Any dispute, claim, or proceedings not resolved under the dispute resolution clause are subject to the exclusive jurisdiction of the courts of New Zealand, and each party irrevocably submits to that jurisdiction.
Version Control
The version number and date of the Standard Terms published at immbase.immigration.kiwi/terms (also available at www.immigration.kiwi/terms) as at the date of the Quotation govern the engagement unless the Client consents in writing to an updated version. If the Standard Terms are updated after the date of the Quotation, the Client will be notified and the updated Terms apply only to subsequent Quotations unless expressly agreed otherwise.
The following information is required by the Rules of Conduct and Client Care for Lawyers of the New Zealand Law Society.
1. Fees
The basis on which fees will be charged and when payment is to be made are set out in the Terms of Engagement.
2. Lawyers’ Fidelity Fund
The New Zealand Law Society maintains the Lawyers’ Fidelity Fund to provide clients with protection against pecuniary loss arising from theft by lawyers. The maximum payable is $100,000 per individual claimant. The Fidelity Fund does not cover loss relating to money a lawyer is instructed to invest on the client's behalf. As a barrister sole, the Lawyer does not hold client funds directly, and accordingly the Fidelity Fund does not apply to the Lawyer’s own practice. However, advance payments paid into the Trust Account Solicitor’s trust account are held by a solicitor, and the Fidelity Fund provisions applicable to that solicitor apply to those funds accordingly (subject to the Fund’s terms and the $100,000 per claimant limit).
3. Persons Responsible
The names and status of the persons responsible for the work are set out in the Quotation.
4. Complaints
The Lawyer maintains a procedure for handling complaints designed to ensure they are dealt with promptly and fairly. If you have a complaint about services or charges, you may refer it to the person with overall responsibility for your matter. If you are not satisfied with that response, you may contact the New Zealand Law Society Lawyers Complaints Service: 0800 261 801, complaints@lawsociety.org.nz, or PO Box 5041, Wellington 6145.
5. Client Care and Service
Whatever legal services your lawyer is providing, he or she must:
The obligations lawyers owe to clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the courts and to the justice system. If you have any questions, please visit www.lawsociety.org.nz or call 0800 261 801.
6. Limitations on Liability
Any limitations on the extent of the Lawyer's obligations or liability are set out in the Standard Terms of Engagement.