2014-Dec 05: Kiribati adoptions compliant with NZ adoption law

Visa Pak 191 - Information about Kiribati adoptions being compliant with N.Z. adoption law for dependent child applying for Residence class visa under Dependant Child category instructions.

Visa Paks

5 December 2014

Kiribati adoptions compliant with N.Z. adoption law

When a dependent child is applying for residence on the basis of being legally adopted overseas after their parent(s) applied for their own residence class visa, Dependent Child Category instructions require Immigration Officers to be satisfied the overseas adoption order has the same effect as a New Zealand adoption order made under the Adoption Act 1955. Previously adoption orders made in a Kiribati Magistrate’s Court under section 9 of the Lands Code in the Native lands Ordinance, CAP 61, were not recognised as complying with section 17 of the Adoption Act 1955.

However, for the reasons detailed in the declaratory judgment of the High Court of New Zealand (pdf, 77 KB) dated 28 November 2014, the Court was satisfied that such Kiribati adoptions do have the same effect as a New Zealand adoption order. Because of this ruling, as provided by Dependent Child Category instructions at

F5.10.25 a. below, all such Kiribati adoptions may now be considered as having the same effect as a New Zealand adoption.
F5.10.25 Evidence that overseas adoption has the same effect as a New Zealand adoption (see F5.1(b)(iii))

Evidence that an overseas adoption has the same effect as a New Zealand adoption under section 17 of the Adoption Act 1955, includes:

a. a ruling from a New Zealand court; or
b. the assessment of the immigration officer, if there are clear precedents for adoptions from the country concerned.

Follow the advice above.