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Social Workers Registration Act 2003

Register and Registrar - Register of Social Workers

131: Review of registration of overseas qualified person

You could also call this:

"Checking if overseas-trained social workers can keep working in New Zealand"

Illustration for Social Workers Registration Act 2003

If you are a social worker who got registered in New Zealand because you qualified overseas, the Board might cancel your registration. This can happen if you live outside New Zealand for 6 months in a row, and you plan to keep living overseas. The Board will look at what you intend to do, and they will make a decision based on that.

You will get a chance to tell the Board why they should not cancel your registration. The Board must give you written notice and a chance to make submissions before they make a decision. You can have someone with you when you talk to the Board.

If the Board cancels your registration, you can ask them to put you back on the register if you plan to move back to New Zealand. The Board will decide if you can be put back on the register, and they might ask you to prove you are still a competent social worker, as outlined in Part 3. You can apply to have your registration restored if you want to live in New Zealand again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190629.

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130: Restoration of entries, or

"Getting your social worker registration back after it's been cancelled"

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132: Cancellation of registration on Board's direction, or

"The Board can cancel a social worker's registration if they did something wrong to get registered."

Part 7Register and Registrar
Register of Social Workers

131Review of registration of overseas qualified person

  1. The Board may direct the Registrar to cancel the entry in the Register relating to a social worker who is registered by virtue of being entitled to registration under section 7, if it believes on reasonable grounds that the social worker—

  2. has in any period of 3 consecutive years since being registered resided outside New Zealand for a period of 6 consecutive months; and
    1. intends to continue to reside overseas.

      1. Subsection (1) does not apply to—

      2. a period before the commencement of this section during which a person resided outside New Zealand; or
        1. any period of not more than 3 years during which a person resided outside New Zealand while undertaking post-graduate study in social work or a subject related to social work.

          1. The Board must not give a direction under subsection (1) unless—

          2. the Registrar has made reasonable efforts to give the social worker concerned—
            1. written notice of the Board's reasons for proposing to do so; and
              1. a copy of any written information on which the Board is relying; and
                1. a written summary of any other information on which the Board is relying; and
                  1. written notice that the social worker has a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
                  2. if the Registrar has succeeded, the Board—
                    1. has given the social worker a reasonable opportunity to make written submissions and to be heard on the matter, either personally or by a representative; and
                      1. has considered any written or oral submissions made to it within a reasonable time of the social worker's being given the notice referred to in paragraph (a)(iv).

                      2. A person exercising the person’s right to be heard personally is entitled to be accompanied by 1 person of the person’s choice who agrees to attend.

                      3. The Board may permit a person exercising the person’s right to be heard personally to be accompanied by any number of people of the person’s choice who agree to attend, in addition to the person by whom the person is entitled to be accompanied by subsection (4).

                      4. The Registrar must make reasonable efforts to give a copy of a direction under subsection (1) to the social worker concerned.

                      5. The Board must direct the Registrar to restore the entry in the Register relating to a social worker whose entry has been cancelled under this section if—

                      6. the social worker applies to the Board in writing to have the entry restored; and
                        1. the Board is satisfied that the person intends to reside in New Zealand.

                          1. The direction to restore the entry may be made subject to the person's competence to practise as a social worker being found satisfactory under Part 3.

                          Notes
                          • Section 131 heading: replaced, on , by section 129(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 131(1): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 131(1): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 131(2): amended, on , by section 129(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 131(3)(a)(iii): amended, on , by section 129(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 131(4): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 131(5): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 131(7): amended, on , by section 144(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                          • Section 131(7)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                          • Section 131(8): amended, on , by section 144(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).