S4.30 Christchurch Response (2019) Category

S4.30.1 Objective

The Christchurch Response (2019) Category provides certainty to the New Zealand-based individuals directly affected by terrorist attacks at the Masjid Al Noor and Linwood mosques in Christchurch on 15 March 2019 (the attacks) and to their family living in New Zealand about their ability to remain in New Zealand permanently.

S4.30.5 Overview

1. Application for a permanent resident visa under the Christchurch Response (2019) Category is a two-stage process: people wishing to apply for a permanent resident visa under the Christchurch Response (2019) Category must first submit an expression of interest (EOI).
2. EOIs may result in an invitation to apply for residence if the claims made in the EOI concerning health, character, being based in New Zealand, and being either directly affected by the attacks, or the family member of a person directly affected by the attacks are assessed as credible by an immigration officer.
3. A Christchurch Response (2019) Category application will be approved if the requirements for being based in New Zealand, and being either directly affected by the attacks, or the family member of a person directly affected by the attacks are met, and the requirements for health and character are either met or waived.

S4.30.10 Expression of interest and invitation to apply for a Christchurch Response (2019) permanent resident visa

See also Immigration Act 2009 ss 92, 93 and 95.

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Regulations 9 and 20.

1. A person may express interest in applying for a Christchurch Response (2019) Category permanent resident visa if she or he:
   1. was based in New Zealand on 15 March 2019 (S4.30.25.10); and
   2. was directly affected by the attacks (S4.30.25.5) or is the eligible family member of a person directly affected by the attacks (S4.30.25.1).
2. A person may express interest in applying by completing the Christchurch Response (2019) Category expression of interest form (INZ 1244), and submitting it to an immigration officer.
3. An immigration officer may invite a person to apply if the information provided in an EOI indicates:
   1. no health or character issues that may adversely affect the ability of any person included in the expression of interest to be granted a Christchurch Response (2019) permanent resident visa; and
   2. the principal applicant was based in New Zealand on 15 March 2019; and
   3. the principal applicant was either:
      • directly affected by the attacks; or
      • is the eligible family member of a person directly affected by the attacks.

S4.30.15 Making an application

See also Immigration Act 2009 ss 93 and 94.

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 Regulations 5 and 20.

1. A person may only apply for a Christchurch Response (2019) Category permanent resident visa if she or he is invited to do so.
2. Applications for residence under the Christchurch Response (2019) Category must be made in the prescribed manner (see R2).
3. Applications made under these instructions must be lodged on or before 23 April 2021.

Note:
The prescribed fee for applications under these instructions has been waived by the Minister of Immigration by special direction.

S4.30.20 Determining a Christchurch Response (2019) Category permanent resident visa application

1. Permanent resident visas may be granted if an immigration officer is satisfied that the applicant:
   1. meets health and character requirements for residence (A4 and A5); and
   2. on 15 March 2019 was based in New Zealand (S4.30.25.10); and
   3. was directly affected by the attacks (S4.30.25.5).
2. Permanent resident visas may also be granted if an immigration officer is satisfied that the applicant:
   1. meets health and character requirements for residence (A4 and A5); and
   2. on 15 March 2019 was based in New Zealand (S4.30.25.10); and
   3. is the eligible family member of a person who was directly affected by the attacks (S4.30.25.1 and S4.30.25.5).

S4.30.25 Definitions

S4.30.25.1 Family members eligible for residence under these instructions

The following table describes which family members of people directly affected by the attacks are eligible for residence under these instructions.

S4.30.25.5 People who were directly affected by the attacks

A person will be considered to have been directly affected by the attacks if an immigration officer is satisfied they are recorded on the official New Zealand Police list of:

1. people killed in the attacks; or
2. people injured in the attacks; or
3. people present at either mosque during the attacks.

Note: For the purposes of this policy, first responders such as police and medical staff are not considered to be people who were directly affected by the attacks.

S4.30.25.10 Based in New Zealand

1. A person is considered to be ‘based in New Zealand’ where an immigration officer is satisfied that on 15 March 2019 they were living primarily in New Zealand.
2. Unless there is evidence to the contrary, a person will be considered to be based in New Zealand under these instructions if on 15 March 2019 she or he held any visa except:
   1. a visitor visa; or
   2. a working holiday visa; or
   3. a limited visa; or
   4. an interim visa where the holder had applied for a visitor or limited visa.
3. When considering if a person is based in New Zealand, factors an immigration officer may consider include (but are not limited to):
   • the length of time a person has been living in New Zealand;
   • the frequency and duration of absences from New Zealand;
   • whether a person is working or studying in New Zealand;
   • the strength of family, social, economic or civic ties to New Zealand.

S4.30.25.15 Family relationships

1. A person will be considered to be the partner of a person directly affected by the attacks if they meet the requirements for partnership specified in R2.1.
2. A person will be considered to be a dependent child of a person directly affected by the attacks if they meet the requirements for dependent children specified in R2.1.
3. A person will be considered to be the parent of a person if they are the:
   1. biological parent of the affected person; or
   2. parent through adoption of the affected person.
4. A person will be considered to be the grandparent of a person directly affected by the attacks if they are the:
   1. biological parent of a parent of the affected person; or
   2. parent through adoption of the parent of the affected person.

S4.30.30 Evidence

S4.30.30.1 Evidence that a person is based in New Zealand

Evidence that an immigration officer may refer to or request when considering whether a person is based in New Zealand may include, but is not limited to:

• travel records held by Immigration New Zealand;
• correspondence addressed to the person;
• employment records;
• records of benefit payments from the Ministry of Social Development;
• banking records;
• rates demands;
• Inland Revenue records;
• mortgage documents;
• tenancy and utility supply agreements;
• documents showing that the person’s household effects have been moved to New Zealand.

Note:
The presence or absence of any of the documents listed above is not determinative. Each case will be decided on the basis of all the evidence provided.

S4.30.30.5 Evidence a person was directly affected by the attacks

Immigration New Zealand will confirm directly with the New Zealand Police that a person is on the official Police lists of people who died, were injured, or were present at either mosque during the attacks.

S4.30.30.10 Evidence of relationship

1. Evidence of an applicant’s relationship to a person who was directly affected by the attacks (see S4.30.25.5) includes, but is not limited to:
   1. birth certificates establishing the relationship;
   2. marriage certificates establishing the relationship;
   3. household registration documents that establish the relationship;
   4. evidence of adoption (see R3) that establishes the relationship;
   5. documents issued by the United Nations High Commissioner for Refugees (UNHCR) and/or other internationally recognised agencies that establish the relationship;
   6. evidence of partnership (see F2.20.15);
   7. other evidence establishing the relationship to the satisfaction of an immigration officer.
2. If satisfied that evidence necessary to establish an applicant's relationship to a person who was directly affected by the attacks on mosques in Christchurch is not available or would be unduly difficult to obtain, immigration officers may:
   1. specify another type of evidence to be submitted, such as a statutory declaration; and/or
   2. interview the principal applicant, those included in the application, or other parties involved in the application to verify identity and/or the relationship claimed by the applicant(s).

S4.30.35 Verification of family details

Immigration officers may refer to former applications lodged by applicants, family members of applicants or sponsors, in order to verify declarations made by applicants about their family details (such as the number of family members, the whereabouts of family members, or an applicant's or partner's marital status).

S4.30.40 Grant of a permanent resident visa

Successful applicants under the Christchurch Response (2019) Category will be granted a permanent resident visa.

Effective 24/04/2019