Social Security Act 2018 (Version 56)/Section 16
16Residential requirement
(1)This section sets out the residential requirement that must be met by applicants for certain types of assistance under this Part.
(2)A person (P) meets the residential requirement if—
(a)P is a New Zealand citizen or holds a residence class visa under the Immigration Act 2009, and is ordinarily resident in New Zealand when P first applies for the benefit, and—
(i)has resided continuously in New Zealand for a period of at least 2 years at any one time after becoming a citizen or resident; or
(ii)is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009; or
(b)P is ordinarily resident in a country with which New Zealand has a reciprocity agreement, and P has resided continuously in New Zealand for a period of at least 2 years before applying for the benefit or before a decision on P’s claim for the benefit is made.
(3)For the purposes of subsection (2)(b), New Zealand has a reciprocity agreement with another country if there is in force under section 380 an order declaring that the provisions contained in an agreement (for example, a convention) signed by New Zealand and the Government of that country set out in a schedule of the order have force and effect so far as they relate to New Zealand.
(4)This section does not limit section 204 (MSD may refuse or cancel benefit if person not ordinarily resident in New Zealand), and is subject to section 205 (refugee or protected person status).
(5)This section is also subject to any regulations made under section 421 that specify circumstances in which a person—
(a)is taken to meet the residential requirement; or
(b)must be treated, for the purposes of satisfying the residential requirement, as being resident and present in New Zealand; or
(c)must not be required to comply with the residential requirement.
Compare: 1964 No 136 s 74AA