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New Zealand Superannuation : Contents

What is resident?

There are certain criteria clients need to meet to be resident for New Zealand Superannuation.

To be resident in New Zealand for New Zealand Superannuation a client must either:

  • have made their home in New Zealand and been living in New Zealand on a permanent basis or
  • at the time they arrived in New Zealand, it was their intention to make their home in New Zealand

Being resident is not the same as a client's immigration status under the Immigration Act 2009.

Client makes their home in New Zealand

In many cases, it will be clear that a client was resident in New Zealand as they will have lived in New Zealand on a permanent basis for many years.

When it may not be so clear, the following could be considered:

  • the reason the client was in New Zealand
  • if the client intended to make their home in New Zealand
  • if the client had a fixed abode in New Zealand
  • if the client owned property in New Zealand
  • if the client had frequent absences from New Zealand:
    • if the absences were prolonged or repeated
    • what the reason were for those absences
  • what was the client's involvement with New Zealand society, such as (but not limited to):
    • community activities
    • employment
    • membership of clubs or
    • local churches

Residence only includes periods of time when a client was lawfully resident and present in New Zealand.

Any periods of time present but unlawfully resident in New Zealand (i.e. without a valid visa or permit) are not counted in the calculation of the time of being resident and present in New Zealand. 

Legislation