Plain language law

New Zealand law explained for everyone

Student Loan Scheme Act 2011

Preliminary matters, loan advances, and New Zealand-based and overseas-based borrowers - Determining whether borrowers are New Zealand-based or overseas-based - Certain borrowers may be treated as being physically in New Zealand

25: Commissioner may treat certain borrowers as being physically in New Zealand

You could also call this:

"Borrowers abroad might be treated as if they're in New Zealand for their student loans"

If you borrow money for your studies, the Commissioner can sometimes treat you as if you're in New Zealand even when you're not. This can happen if you ask for it and the Commissioner thinks it's fair. There are many reasons why this might happen:

You might be working for the New Zealand government overseas. You could be volunteering for a charity. Maybe there was an unexpected delay or you had to go away for personal reasons. It could be that your job requires you to be overseas. You might be with your partner who is overseas. Or you might be studying in a way that meets certain rules.

The Commissioner can also treat you as if you're in New Zealand if you're in Niue, the Cook Islands, Tokelau, or the Ross Dependency.

If you're very sick and can't work or pay back your loan because of it, the Commissioner might treat you as if you're in New Zealand too. This applies if your illness stops you from working (except for very small amounts of pay) or if it might cause you to die soon.

There are some conditions that apply to these rules. The Commissioner will look at your situation to decide if it's fair to treat you as if you're in New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3180088.

Topics:
Education and learning > Higher educationMoney and consumer rights > Banking and loans
Previous

24: Treatment of partial days, or

"How part-days in New Zealand count for student loans"

Next

26: Method of making application and provision of evidence and information, or

"How to ask to be treated as if you're in New Zealand for your student loan"

Part 1Preliminary matters, loan advances, and New Zealand-based and overseas-based borrowers
Determining whether borrowers are New Zealand-based or overseas-based: Certain borrowers may be treated as being physically in New Zealand

25Commissioner may treat certain borrowers as being physically in New Zealand

  1. On the application of a borrower, the Commissioner may, for the purposes of sections 22 to 24 and if the Commissioner considers that it is fair and reasonable to do so, treat a borrower as being physically in New Zealand if the principal reason that the borrower is not, was not, or will not be physically in New Zealand is because—

  2. the borrower is in the service in any capacity of the Government of New Zealand; or
    1. the borrower is working as a volunteer or for token payment for a charity; or
      1. of an unexpected delay; or
        1. of an unplanned personal absence; or
          1. the borrower is required to be overseas because of the borrower's employment or occupation; or
            1. the borrower is accompanying his or her spouse, civil union partner, or de facto partner overseas; or
              1. the borrower is undertaking study that meets the requirements of clause 7 of Schedule 1; or
                1. the borrower is undertaking study that meets the requirements of clause 8 of Schedule 1; or
                  1. the borrower is undertaking study that meets the requirements of clause 9 of Schedule 1; or
                    1. the borrower is undertaking study that meets the requirements of clause 9A of Schedule 1; or
                      1. the borrower is undertaking an internship that meets the requirements of clause 9B of Schedule 1; or
                        1. the borrower is in 1 or more of Niue, the Cook Islands, Tokelau, or the Ross Dependency.

                          1. Subsection (1)(b) to (j) and subsection (3) are subject to the conditions set out in, as applicable, clauses 2 to 11 of Schedule 1.

                          2. On application, the Commissioner may, for the purposes of sections 22 to 24 and if the Commissioner considers that it is fair and reasonable to do so, treat a borrower as being physically in New Zealand if the Commissioner is satisfied that the borrower—

                          3. has a serious illness for the period to which the application relates; and
                            1. is unable to meet their overseas-based repayment obligation for that period as a result of that serious illness.

                              1. In subsection (3), serious illness means an injury, illness, or disability that—

                              2. results in the borrower being unable to engage in paid work (other than work for which the person is paid a token payment or a very low wage); or
                                1. poses a serious and imminent risk of death.

                                  Compare
                                  Notes
                                  • Section 25(1)(ia): inserted, on , by section 131 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
                                  • Section 25(1)(ib): inserted, on , by section 131 of the Taxation (Business Tax, Exchange of Information, and Remedial Matters) Act 2017 (2017 No 3).
                                  • Section 25(2): replaced, on , by section 54 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                                  • Section 25(3): inserted, on , by section 54 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
                                  • Section 25(4): inserted, on , by section 54 of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).