Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Assistance - Introduction

16: Residential requirement

You could also call this:

“Who can get government help based on where they live”

You need to meet certain requirements to live in New Zealand to get help from the government. These are called ‘residential requirements’. You meet these requirements if:

You are a New Zealand citizen or have a special visa to live here. You must be living in New Zealand when you first ask for help. You also need to have lived in New Zealand for at least two years in a row at some point after becoming a citizen or getting your visa. Or, you could be someone New Zealand has agreed to protect.

You might also meet the requirements if you live in a country that has a special agreement with New Zealand. In this case, you need to have lived in New Zealand for at least two years before you ask for help or before they decide if you can get help.

There are some other rules too. The government can refuse to help you if you don’t usually live in New Zealand. There are also special rules for refugees and people New Zealand has agreed to protect.

Sometimes, the government might make extra rules about who meets these requirements. These rules might say that some people are treated as if they live in New Zealand even if they don’t, or that some people don’t have to meet these requirements at all.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783138.

Topics:
Money and consumer rights > Savings and retirement
Immigration and citizenship > Visas
Immigration and citizenship > Becoming a citizen
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Part 2 Assistance
Introduction

16Residential requirement

  1. This section sets out the residential requirement that must be met by applicants for certain types of assistance under this Part.

  2. A person (P) meets the residential requirement if—

  3. P is a New Zealand citizen or holds a residence class visa under the Immigration Act 2009, and is ordinarily resident in New Zealand when P first applies for the benefit, and—
    1. has resided continuously in New Zealand for a period of at least 2 years at any one time after becoming a citizen or resident; or
      1. is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009; or
      2. P is ordinarily resident in a country with which New Zealand has a reciprocity agreement, and P has resided continuously in New Zealand for a period of at least 2 years before applying for the benefit or before a decision on P’s claim for the benefit is made.

        1. For the purposes of subsection (2)(b), New Zealand has a reciprocity agreement with another country if there is in force under section 380 an order declaring that the provisions contained in an agreement (for example, a convention) signed by New Zealand and the Government of that country set out in a schedule of the order have force and effect so far as they relate to New Zealand.

        2. This section does not limit section 204 (MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand), and is subject to section 205 (refugee or protected person status).

        3. This section is also subject to any regulations made under section 421 that specify circumstances in which a person—

        4. is taken to meet the residential requirement; or
          1. must be treated, for the purposes of satisfying the residential requirement, as being resident and present in New Zealand; or
            1. must not be required to comply with the residential requirement.

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