Code of Conduct of the Education Counsellor Authority of New Zealand Ltd.

Version 06b/2025

GENERAL 1. A Licensed Education Counsellor must be honest, professional, diligent and respectful and conduct themselves with due care and in a timely manner.

CLIENT CARE 2. A Licensed Education Counsellor must: a. Maintain a relationship of confidence and trust with the client and provide objective advice b. Acknowledge the cultural norms and values of the client c. Facilitate the provision of interpreters and translators as appropriate d. Obtain and carry out the informed instructions of the client, and e. When requested, assist the client to access information about the Treaty of Waitangi and tikanga (Māori customs and traditions), f. Enter into a written agreement with every client, that must meet ECANZ minimum requirements, declare any conflicts of interest and refer clients to the ECANZ Complains Resolution process.

CONFIDENTIALITY 3. A Licensed Education Counsellor must: a. Preserve the confidentiality of the client, and b. Require that any employees or other persons engaged by the Counsellor also preserve the confidentiality of the client.

CONFLICTS OF INTEREST 4. Where a Licensed Education Counsellor is aware that there is a potential or actual conflict of interest relating to the client, including the existence of any financial or non-financial benefit the Counsellor will receive as a result of the relationship with the client, the Counsellor must disclose the potential or actual conflict to the client in writing. 5. Where a Licensed Education Counsellor is aware that there is a potential or actual conflict of interest relating to the client, the Counsellor may only represent or continue to represent the client where the client gives written consent. 6. A Licensed Education Counsellor must refuse to represent or continue to represent the client where they are aware that: a. The Counsellor’s objectivity or the relationship of confidence and trust between the Counsellor and the client would be compromised, or b. the Counsellor would breach the confidentiality of a client.

WORK WITHIN LIMITS OF KNOWLEDGE AND SKILLS 7. A Licensed Education Counsellor must: a. Work within the scope of their individual knowledge and skills or refer the client to another Counsellor, and  b. When a provisional licence holder, explain to the client that a provisional licence requires them to complete regular ECANZ education requirements, and they must seek advice from a Director license holder whenever they deem it to be necessary.

FUTILE ENROLLMENTS  8. If a proposed student enrollment is likely to have little or no hope of success, A Licensed Education Counsellor must: a. Advise the client in writing that, in the Counsellor’s opinion, the student enrollment matter is likely to have little or no hope of success, and b. If the client still wishes to pursue a student enrollment, obtain written acknowledgement from the client that they have been advised of the risks of being rejected.

PROFESSIONAL RELATIONSHIPS 9. A Licensed Education Counsellor must: a. If they are aware that the client has previously used another education counsellor or and other agent: i. Ensure that the previous contract has ended, or ii. Ensure that the client has terminated the services in writing, or iii. With the client’s written consent, terminate the services in writing on the client’s behalf, or iv. If the client wishes to continue to engage another Education Counsellor, ensure that there are clear instructions on the terms of engagement with the new Counsellor.

EDUCATION COUNSELLOR LICENSE 10. A counsellor licensed by the Education Counsellor Authority of New Zealand Ltd. must provide evidence of being licensed to the client, either by presenting a current license card or by referring the client to the ECANZ online registry of all licensees.

COMPLAINTS PROCEDURE 11. A Licensed Education Counsellor must: a. Develop and maintain an internal complaints procedure that notes that the client may also complain to the Education Counsellor Authority of New Zealand Ltd., and b. If a complaint is made to the Counsellor, follow their internal complaints procedure.

CODE AND COMPLAINT DOCUMENTS 12. Before entering into a written agreement with the client, a Licensed Education Counsellor must: a. Provide the client with this Code of Conduct, and b. Explain the summary of Counsellor’s professional responsibilities to the client, and c. Advise the client that they have an internal complaints procedure and provide them with a copy of it.

WRITTEN AGREEMENTS and RECORDS 13. A Licensed Education Counsellor must ensure that: a. They provide the client with a written agreement, and b. Before any written agreement is accepted, they explain all significant matters in the written agreement to the client, and c. All parties to a written agreement sign it, or confirm in writing that they accept it, and d. Any changes to a written agreement are recorded and accepted in writing by all parties.  14. A Licensed Education Counsellor must ensure that a written agreement contains: a. The name and licence number of any Counsellor who may provide student enrollment advice to the client, and b. Where a Counsellor is representing the client, written authority from the client for the Counsellor to act on the client’s behalf, and c. Where fees are to be charged, the fees for the services to be provided by the Counsellor, including either the hourly rate and the estimate of the time it will take to perform the services, or the fixed fee for the services, and any taxes or levies or disbursements to be charged, and g. Where fees and/or disbursements are to be charged, the payment terms and conditions for any fees and/or disbursements, and  h. Where fees and/or disbursements are to be charged, the Counsellor’s refund policy, and  i. If applicable, a record of any potential or actual conflict of interest relating to the client, including the existence of any financial or non-financial benefit the Counsellor will receive as a result of the relationship with the client, and j. A record that a copy of this Code of Conduct has been provided and explained to the client, and k. a record that a copy of the Counsellor’s internal complaints procedure has been provided to the client, and l. A counsellor shall keep records of any advice given to client, documents provided, and activities performed in connection with counselling a client.

FEES 15. A Licensed Education Counsellor must: a. Ensure that any fees charged are fair and reasonable in the circumstances, and b. Work in a manner that does not unnecessarily increase fees, and c. Inform the client of any additional fees, or changes to previously agreed fees, and ensure these are recorded and agreed to in writing.

DISBURSEMENTS 16. A Licensed Education Counsellor must: a. Charge disbursements to the client at the actual amount, if known, or at a reasonable estimate of what it costs the Counsellor to provide the service, and b. Work in a manner that does not unnecessarily increase disbursements, and c. Inform the client of any additional disbursements, or changes to previously agreed disbursements, and ensure these are recorded and agreed to in writing.

REFUNDS 17. A Licensed Education Counsellor must: a. Ensure that refunds given are fair and reasonable in the circumstances, and b. Ensure that refund obligations can be met, and c. Promptly provide any refunds payable upon completing or ceasing a contract for services. 

DOCUMENT SECURITY AND RETURN 18. A Licensed Education Counsellor must: a. Ensure any financial and personal documents belonging to or relating to the client, whether held physically or electronically, are held securely whilst in the Counsellor’s possession, and b. When requested or required, return passports and other personal documents to the client without delay and in a secure manner.

TERMINATION OF SERVICES 19. A Licensed Education Counsellor must ensure that: a. The termination of services, for any reason, is confirmed to the client in writing, and b. If, for any reason, the Counsellor cannot continue to act for the client, the Counsellor fully updates the client on the status of their student enrollment matter.

MISREPRESENTATION 20. A Licensed Education Counsellor must not misrepresent or promote in a false, fraudulent or deceptive manner: a. Themselves, including their qualifications or their licence status, or b. Their business, or c. Their employees, or d. The client, or e. Student enrollment opportunities or risks, or f. Education provider requirements. 

APPLICATIONS 21. A Licensed Education Counsellor must: a. Not deliberately or negligently provide false or misleading documentation to, or deliberately or negligently conceal relevant information from, the education provider in regard to any student enrollment matter they are representing, and b. If they become aware that false or misleading documentation has been provided to, or that relevant information has been concealed from, the education provider in regard to any student enrollment matter they are representing: i. Inform the client about the potential consequences of continuing to misrepresent themselves to the education provider, and  ii. Discuss with the client the ways the misrepresentation or concealment could be remedied, and iii. Should the client not consent to take action to remedy the situation, terminate their services to the client in writing.

CONTINUED PROFESSIONAL EDUCATION 22. A Licensed Education Counsellor must meet all CPD requirements as stipulated by ECANZ, with Provisional License holders completing at least one free ECANZ-authorized CPD session within 90 days of their initial license date.

TRADEMARK 23. A Licensed Education Counsellor must, if using the “Licensed Education Counsellor” trade mark, do so in accordance with the instructions provided to the Counsellor by the Education Counsellor Authority of New Zealand Ltd., and only during the time the Counsellor holds a current license. 24. All ECANZ names and logos are trademarked by IPONZ, the Intellectual Propertty Office of New Zealand, and any unauthorized use is unlawful.