Ordinarily resident in New Zealand

At a glance

The concept of 'ordinarily resident' in New Zealand is used in the immigration instructions to determine whether a person can act as a sponsor for a visa applicant. An immigration officer must be satisfied that New Zealand is the person's primary place of established residence. [E4.10]

Definition

For the purpose of sponsorship, a person is considered to be 'ordinarily resident' in New Zealand where an immigration officer is satisfied that New Zealand is their primary place of established residence at the time specified in immigration instructions. [E4.10]

Evidence that New Zealand is a person's primary place of established residence may include, but is not limited to, original or certified copies of:

• correspondence addressed to the person;
• employment records;
• records of benefit payments from the Ministry of Social Development;
• banking records;
• rates demands;
• Inland Revenue records;
• mortgage documents;
• tenancy and utility supply agreements;
• documents showing that the person's household effects have been moved to New Zealand. [E4.10]

The presence or absence of any single document is not determinative. Each case is decided on the basis of all the evidence provided. [E4.10]

Application in decisions

When assessing whether a sponsor is ordinarily resident, immigration officers consider the totality of evidence presented, without requiring any specific document. The primary test is whether New Zealand is the person's primary place of established residence, not merely a temporary or secondary location. [E4.10]

Interpretation & edge cases

• The assessment is fact-specific and looks at the whole picture. No single document is conclusive; a person who does not have, for example, mortgage documents may still demonstrate ordinary residence through other evidence like employment records and benefit payments. [E4.10]
• The test of primary place of established residence implies a comparative evaluation against any other places where the person may reside. The officer must be satisfied New Zealand is the main base. [E4.10]
• This definition is applied in the sponsorship context; eligibility to sponsor requires the person to be ordinarily resident, among other criteria specified in sponsorship instructions. [E4.10]

Citations

• E4.10 — Definition of 'ordinarily resident' in New Zealand