RA10 Who is considered to hold a residence permit
Immigration Act 1987 s 44
Even though a person does not actually hold a permit, they are considered to hold a residence permit if they:
- arrived in New Zealand lawfully to take up permanent residence at any time before 2 April 1974 other than under a permit granted under the Immigration Act 1964 or any corresponding earlier Act; and
- have been in New Zealand continuously from 2 April 1974 and until at least 31 October 1987, apart from any period or periods spent in:
- Cook Islands, Niue or Tokelau, or
- Australia, if during any such period they were a Commonwealth citizen or citizen of the Republic of Ireland and were able to live in either New Zealand or Australia without restriction; and
- were in New Zealand immediately before the commencement of the Immigration Act 1987 (ie, were in New Zealand at midnight on 31 October 1987); and
- are not exempt under the Immigration Act 1987 from having to hold a residence permit.
Note: If a person who meets these requirements requests confirmation of their residence status, an immigration officer must endorse their passport with a residence permit (see R7).
