17Ordinarily resident in New Zealand

1. A person is ordinarily resident in New Zealand if he or she—

2. has New Zealand as his or her permanent place of residence, whether or not he or she also has a place of residence outside New Zealand; and
3. is in one of the following categories:
   1. a New Zealand citizen:
   2. a holder of a residence class visa granted under the Immigration Act 2009:
   3. a person who is a spouse or a partner, child, or other dependant of any person referred to in subparagraph (i) or (ii), and who generally accompanies the person referred to in the subparagraph.

4. A person does not have a permanent place of residence in New Zealand if he or she has been and remains absent from New Zealand for more than 6 months or intends to be absent from New Zealand for more than 6 months. This subsection overrides subsection (3) but is subject to subsection (4).

5. A person has a permanent place of residence in New Zealand if he or she, although absent from New Zealand, has been personally present in New Zealand for a period or periods exceeding in the aggregate 183 days in the 12-month period immediately before last becoming absent from New Zealand. (A person personally present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that day.)

6. A person must be treated as having New Zealand as the person’s permanent place of residence if—

7. the person—
   1. intends to resume a place of residence in New Zealand; and
   2. is absent from New Zealand primarily in connection with the person’s employment duties (the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes) or for up to 6 months following the completion of the person’s period of employment outside New Zealand; or
8. the person—
   1. intends to resume (or assume) a place of residence in New Zealand; and
   2. is the spouse or partner, child, or other dependant of a person described in paragraph (a) and generally accompanies that person; and
   3. is outside New Zealand during the period of employment of the person described in paragraph (a) or for up to 6 months following the completion of it.

9. A person is not ordinarily resident in New Zealand if he or she is in New Zealand unlawfully within the meaning of the Immigration Act 2009. Any period during which a person is in New Zealand unlawfully is not counted as time spent in New Zealand for the purposes of subsection (3).

10. In this section,—

    child, in relation to any person referred to in subsection (1)(b)(i) or (ii) or (4)(a),—

    1. means a child who, at the date of that child’s injury,—
       1. was aged under 18, or was aged under 21 and was in full-time study at a place of education; and
       2. either—
          1. was that person’s natural or adopted child; or
          2. would ordinarily have been regarded as that person’s child because they were the child of that person’s spouse or partner, and that person acted as their parent; and
    2. does not include an other dependant of that person

    other dependant, in relation to any person referred to in subsection (1)(b)(i) or (ii) or (4)(a), means a dependant who, at the date of that dependant’s injury,—

    1. was financially dependent on that person because of the dependant’s mental or physical condition; and
    2. was not that person’s spouse, partner, or child.

Notes

• Section 17(1)(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 17(4): replaced, on 12 April 2019, by section 4 of the Accident Compensation Amendment Act 2019 (2019 No 10).
• Section 17(5): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).
• Section 17(6): inserted, on 30 October 2022, by section 5 of the Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Act 2022 (2022 No 51).