U3.35 Definition of 'domestic student'

For the purposes of student instructions a 'domestic student' means a domestic student as defined in section 10(1) of the Education and Training Act 2020. The Ministry of Education holds a complete list of who is considered to be a domestic student for the purpose of fee payment and enrolment.

U3.35.1 Primary and secondary schooling domestic students who do not require a student visa, interim visa with study conditions, or limited visa

The following people are considered to be domestic students for the purpose of attending primary and secondary schools and do not require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand:

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue;
2. New Zealand residents;
3. New Zealand permanent residents;
4. People who have a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that they are entitled to any immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 for the current school year, until the end of the year in which their diplomatic or consular status expires.
5. Members of the armed forces of any country, members of its civilian component, or crew members of any craft transporting such people to New Zealand, while in New Zealand:
   1. at the request or with consent of the Government of New Zealand; and
   2. in the ordinary course of the member's duty or employment.

U3.35.5 Primary and secondary domestic students who require a student visa, interim visa with study conditions, or limited visa

The following people require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending primary and secondary schools and are exempt from paying foreign tuition fees:

1. Dependent children of any person who is in New Zealand to study under an exchange programme approved by the New Zealand Government.
2. Children whose application for a residence class visa is under consideration and who are the dependent children of any person who is a New Zealand citizen or the holder of a residence class visa.
3. Children whose application for New Zealand citizenship is under consideration and who are the dependent children of a New Zealand citizen.
4. Dependent children of any person who is onshore and the holder of a valid work visa other than those excluded under U8.20.
5. Students who have, or dependent children of any person who has, made a claim to be recognised as a refugee or protected person in accordance with Part 5 of the Immigration Act 2009.
6. Dependent children of a foreign student enrolled in any Doctor of Philosophy (PhD) programme in a New Zealand university.
7. Dependent children of any person who, during the current calendar year, last ceased to hold a special temporary visa (see H2).
8. Students who have entered New Zealand for the purposes of adoption and:
   1. whose adoption application before the New Zealand Family Court (where the Final Order will entitle that student to education as a domestic student) is supported by the Ministry for Children, Oranga Tamariki and who has a letter from the Ministry for Children, Oranga Tamariki confirming this support; or
   2. who are the subject of an Interim Order of Adoption granted by the New Zealand Family Court under section 5 of the Adoption Act 1955 (where the Final Order will entitle that student to education as a domestic student); or
   3. whose adoption application is through an intercountry adoption process under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 as given effect in New Zealand through the Adoption (Intercountry) Act 1997 and:
      • where at least one of the adoptive parents is a New Zealand citizen, or the holder of a New Zealand residence class visa granted under the Immigration Act 2009; and
      • who has a letter from Oranga Tamariki–Ministry for Children confirming support for the adoption.
9. People who are in the custody of the Chief Executive of the Ministry for Children, Oranga Tamariki; pursuant to any of the following orders:
   1. an order, pursuant to sections 78, 101 or 238(1)(d) of the Oranga Tamariki Act 1989, in favour of the Chief Executive of the Ministry for Children, Oranga Tamariki; or
   2. an order, pursuant to section 110 of the Oranga Tamariki Act 1989, appointing the Chief Executive of the Ministry for Children, Oranga Tamariki as sole guardian; or
   3. an order, pursuant to section 33 of the Care of Children Act 2004, whereby a child or young person is placed under the Guardianship of the Family Court or the High Court and the Chief Executive of the Ministry for Children, Oranga Tamariki is appointed as agent of the court with power and discretion to place the child.
10. Dependent children of any person who is the holder of a New Zealand scholarship administered by the Ministry of Foreign Affairs and Trade.
11. Dependent children of any person who is the holder of a visitor visa granted under V3.115.
12. Dependent children of military visa holders, while the military visa holder is in New Zealand.
13. Children granted a student visa under U10.5.
14. Students who are in New Zealand to study under an exchange scheme approved by the Ministry of Education (see E11.45).

U3.35.10 Tertiary sector domestic students who do not require a student visa, interim visa with study conditions, or limited visa

The following people are considered to be domestic students for the purpose of attending an education provider in the tertiary sector (see U5.20) and do not require a student visa, interim visa with study conditions or limited visa in order to undertake a programme of study in New Zealand:

1. New Zealand citizens, including students from Tokelau, the Cook Islands and Niue.
2. New Zealand residents.
3. New Zealand permanent residents.
4. People who have a letter from the Protocol Division of the New Zealand Ministry of Foreign Affairs and Trade confirming that they are entitled to any immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 for the current academic year, until the end of the year in which their diplomatic or consular status expires.
5. Despite (d) above, dependent children aged 21 and over of Diplomatic, Consular or Official staff, who wish to undertake tertiary study in New Zealand, may not be eligible for domestic student status and may be required to pay foreign student fees (see H2.1(b)).
6. A person who has made a claim to be recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and who is the holder of a valid temporary entry class visa.
7. A person who has been recognised as a refugee or a protected person in accordance with Part 5 of the Immigration Act 2009, and whose application for residence is being processed.
8. A person who is enrolled at a tertiary education provider for the purpose of participating in industry training funded under the Industry Training Act 1992.

U3.35.15 Tertiary sector domestic students who require a student visa, interim visa with study conditions, or limited visa

The following people require a student visa, interim visa with study conditions, or limited visa in order to undertake study in New Zealand but are considered to be domestic students for the purposes of attending an education provider in the tertiary sector and are exempt from paying foreign tuition fees for foreign students:

1. Students enrolled in any Doctor of Philosophy (PhD) programme, in any New Zealand university (see U5.20).
2. A person who is in New Zealand to study under a New Zealand Government approved exchange programme at a tertiary education provider.
3. Between 1 January 2022 and 31 December 2023, a person who is:
   1. residing in New Zealand; and
   2. aged 25 years or under as at 1 January 2022; and
   3. is the dependent child (see E4.1.10(d)) of a person who:
      • on 30 September 2021 held one of the visa types specified at U8.20.1(a)(iii) (being the visas that determine eligibility for a 2021 Resident Visa); or
      • was granted a visa type specified at U8.20.1(a)(iv) between 30 September 2021 and 31 July 2022.

Effective 19/02/2024