H2.10 Serious physical or serious emotional harm (26/07/1999)

1. Principal applicants must show that their circumstances, or those of a New Zealand party, are causing serious physical and/or serious emotional harm to themselves and/or the New Zealand party.
2. It is not sufficient to show future harm: the principal applicant and/or the New Zealand party must:
   1. be currently suffering harm, or
   2. have suffered harm in the past that has been alleviated by the principal applicant being in New Zealand and that would, on the balance of probabilities, arise again if the principal applicant left New Zealand.

      Note: In order to show that on the balance of probabilities harm would arise again, the principal applicant must produce sufficient evidence that it is more likely than not that such harm will arise.

H2.10.1 Examples of 'serious emotional harm'

The following are examples of when a person may be suffering serious emotional harm:

1. the person's ability to function in their everyday life is significantly diminished in a way that is likely to endure; and/or
2. that person is suffering from a serious mental illness or serious mental disorder that is likely to endure.

   Note: These are examples only. Other forms of emotional harm may also be serious.

H2.10.5 Evidence of serious physical and/or serious emotional harm

When making their application, principal applicants must submit a written statement that describes the harm they and/or the New Zealand party are suffering, and:

1. in the case of serious physical harm, an original medical report from a registered medical practitioner, supporting the claim of serious physical harm; or
2. in the case of serious emotional harm, an original psychiatric report from a registered psychiatrist, supporting the claim of serious emotional harm.

H2.10.10 Contents of medial or psychiatric reports

Medical or psychiatric reports must be no more than 3 months old when the application is lodged and must include the following information:

1. how long the person suffering serious physical or serious emotional harm has been consulting, or in the care of, the practitioner making the report; and
2. a detailed description of the nature of the physical or emotional harm; and
3. an assessment of whether or not the physical or emotional harm is serious; and
4. a description of the likely causes of the physical or emotional harm; and
5. comment on why the grant of New Zealand residence is the only reasonable solution to the situation, and why other solutions are not reasonable (see H2.20); and
6. details of any medication prescribed, how long it has been used and its effect; and
7. the basis and evidence for all diagnoses, facts or opinions contained in the report.

H2.10.15 Medical and psychiatric reports that are unduly difficult to obtain

1. Because the report specified in H2.10.5 above is a mandatory requirement, applications received without it are not considered to be lodged unless a visa or immigration officer is satisfied that the report would be unduly difficult to obtain.
2. Evidence of undue difficulty in obtaining reports may include, but is not limited, to:
   1. information indicating a lack of a suitably qualified practitioner in the relevant country, and/or
   2. information showing the extreme isolation of the principal applicant or New Zealand party from a suitably qualified practitioner, and/or
   3. confirmation that there are circumstances beyond the control of the principal applicant or New Zealand party which prevent them consulting a suitably qualified practitioner.

      Note: Such circumstances do not include difficulty in paying for consultation or delays in getting an appointment.

3. If satisfied that the report would be unduly difficult to obtain, visa or immigration officers may specify another type of evidence to be submitted.
4. Evidence specified by visa or immigration officers in place of the report specified in H2.10.5 above may include but is not limited to:
   1. other reports from other health professionals, and/or
   2. reports from any other independent person who has knowledge of the circumstances of the case.

Effective 26/07/1999