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:

1. 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
2. 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:
   1. Cook Islands, Niue or Tokelau, or
   2. 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
3. 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
4. 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).

Effective 26/07/1999