Guidelines for deciding ordinarily resident
Ordinarily resident
"Ordinarily resident" means someone who is normally and lawfully in New Zealand and intends to stay here. That is, they consider New Zealand to be their home.
For the purposes of 'ordinarily resident', New Zealand does not include the Cook Islands, Niue and Tokelau.
A determination of whether a student is ordinarily resident involves the exercise of discretion.
Being ordinarily resident
Being ordinarily resident in New Zealand means a student must have a close and clear connection to New Zealand.
Some of the important things that indicate a student is ordinarily resident in New Zealand include:
- their physical presence in New Zealand other than casually or as a traveller
- they are in New Zealand because they want to be - they are here voluntarily
- 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 student cannot be ordinarily resident in 2 countries at the same time.
Where it is not clear if a student is ordinarily resident, consider the following:
- their intentions toward New Zealand (that is, the reasons for their absence from New Zealand and the reasons for their return). Are they going overseas for a holiday or are they intending to live overseas permanently (sighting return air tickets is a good indication)?
- the length of time they spend in New Zealand compared to their periods of absence and the reasons for the absences.
- property ownership (as this tends to suggest permanent ties with a place), including other asset ownership (for example boats, cars or caravans).
- where are their cash assets principally held? (New Zealand banks or investment entities, or overseas based holdings).
- is their income earned in New Zealand or overseas, and do they pay New Zealand taxes?
- ae they on the electoral role and do they vote (or are they eligible to vote) in local body or general elections?
- their commitment to New Zealand (for example their involvement in the community, community events, clubs and other groups)?
Deciding ordinarily resident
Whether a student is ordinarily resident is a question of both fact and degree.
Their intention during any period of absence is the most important factor.
You must consider all the factors of each individual case and decide whether they show a clear and close connection to New Zealand.
Short absences from New Zealand
Short absences from New Zealand (for holidays or visiting relatives etc) do not generally mean that the student is not ordinarily resident in New Zealand.
