Ordinarily resident in New Zealand

To meet the residence criteria for financial assistance from MSD, a person must generally be ordinarily resident in New Zealand on the date they apply for assistance. To be included in the person's financial assistance, their partner must also be ordinarily resident in New Zealand.

They must generally remain ordinarily resident in New Zealand on an on-going basis to keep getting financial assistance.

To be ordinarily resident in New Zealand a person must have a close and clear connection to New Zealand on the date they apply for financial assistance.

Other factors that indicate a person is ordinarily resident in New Zealand include:

• the person making their home in New Zealand, that is, they have been living in New Zealand on a permanent basis
• their physical presence in New Zealand is not casual or as a traveller
• they intend to stay in New Zealand for the foreseeable future (e.g. they intend to live, work or study here)
• even if they temporarily leave New Zealand, they usually live here
• they prefer residence in New Zealand to any other country (i.e. are not ordinarily resident in any other country, as a person cannot be ordinarily resident in 2 places at one time)

When it is not clear if a person is ordinarily resident, they may need to provide more information. For example:

• if the person is going overseas, whether or not they plan on coming back to New Zealand (sighting return air tickets is a good indication that they plan on returning)
• the length of time they spend in New Zealand compared to their time away and the reasons for their absences
• property ownership (this generally shows permanent ties with a place), including other asset ownership (e.g. boats, cars, or caravans)
• where cash assets are principally held (New Zealand banks or investment entities or overseas based holdings)
• do they earn their income in New Zealand or overseas, and are they tax resident in New Zealand - see Inland Revenue Deciding whether you are a resident or non-resident
• for people who are 18 years or older, whether or not they are on the electoral role and if they can vote in central and local body elections
• personal commitments in New Zealand (e.g. their involvement in their immediate and extended family community, community events and activities, clubs, and other groups)

Whether a person is ordinarily resident in New Zealand is a question of fact and degree. To make this determination, MSD must consider all the factors on a case-by-case basis.

If there is reason to believe the person may no longer be ordinarily resident in New Zealand after assistance is granted, the key attributes of being ordinarily resident can also be considered at that point.

In limited situations, some people who are not ordinarily resident in New Zealand may still meet the residence criteria for financial assistance from MSD.

For example, in some situations people may qualify for New Zealand Superannuation or Veteran's Pension under Special Portability when they are ordinarily resident in the Cook Islands, Niue or Tokelau.