Deciding ordinarily resident in New Zealand

Generally, a client must be ordinarily resident in New Zealand when they apply for Veteran's Pension.

They must remain ordinarily resident in New Zealand to continue getting Veteran's Pension.

To meet the ordinarily resident qualifications in New Zealand, the client must have a close and clear connection to New Zealand on the date they apply for Veteran's Pension.

• their physical presence in New Zealand is not casually or as a traveller
• they are in New Zealand voluntarily because they want to be
• there is some intention to remain in New Zealand for a settled purpose
• despite temporary absences from New Zealand, they regularly or customarily live in New Zealand
• they prefer residence in New Zealand to any other country (a client cannot be ordinarily resident in 2 counties at the same time).

If there is reason to believe the client may no longer be ordinarily resident in New Zealand after Veteran's Pension is granted, the key attributes can also be considered at that point.

When it is not clear if a client is ordinarily resident in New Zealand, the client may need to be asked for more information.

Some of the following considerations may help to make a decision:

• if the client is, or going overseas, what their intentions towards New Zealand are (sighting return air tickets may be a good indication)
• the length of time they spend in New Zealand compared to the length of time overseas, and the reasons they were overseas
• property ownership (as this tends to suggest permanent ties with a place), including other asset ownership (e.g. boats, cars or caravans)
• where their cash assets are principally held (New Zealand banks or investment entities or overseas based holdings)
• is their income earned in New Zealand or overseas, and if they are a tax resident in New Zealand
• if they are still on an electoral role and vote in central and local body elections, and if they vote anywhere overseas
• what their personal commitment to New Zealand is compared to overseas (e.g. their involvement in their immediate and extended family, community, community events, clubs and other groups). 

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

To decide if a client is ordinarily resident in New Zealand consideration must be given to all the factors of each case.

The client should show a close and clear connection to New Zealand. They should be asked for more information if clarification is needed.

If it is still unclear if a client is ordinarily resident in New Zealand, you should seek advice to help you make a decision.