A4.70 Determination of whether a medical waiver should be...
A4.70 Determination of whether a medical waiver should be granted (residence and temporary entry)
See A4 (before 28/11/2005)
- Any decision to grant a medical waiver must be made by an officer with schedule 1 delegations (see A15.4).
- When determining whether a medical waiver should be granted, visa and immigration officers must consider the circumstances of the applicant to decide whether they are compelling enough to justify allowing entry to, and/or a stay in New Zealand.
- Factors that officers may take into account in making their decision include, but are not limited to, the following:
- the objectives of Health requirements policy (see A4.1) and the objectives of the policy or category under which the application has been made;
- the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;
- whether the applicant has immediate family lawfully and permanently* (see F4.5.1) resident in New Zealand and the circumstances and duration of that residence (unless the limitations on the grant of medical waivers set out at A4.60(c) apply);
- whether the applicant's potential contribution to New Zealand will be significant;
- the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).
- An applicant who is the partner* or dependent child* of a New Zealand citizen or resident, may generally be granted a medical waiver unless there are specific reasons for not granting such a waiver or the limitations on the grant of medical waivers to such persons set out at A4.60 (c) apply.
- Officers should consider any advice provided by an Immigration New Zealand medical assessor on medical matters pertaining to the grant of a waiver, such as the prognosis of the applicant.
- Officers must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.
