Section 17 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Ordinarily resident in New Zealand

17 Ordinarily resident in New Zealand (1) A person is ordinarily resident in New Zealand if he or she— (a) has New Zealand as his or her permanent place of residence, whether or not he or she also has a place of residence outside New Zealand; and (b) is in 1 of the following categories: (i) a New Zealand citizen: (ii) a holder of a residence permit granted under the Immigration Act 1987 : (iii) a holder of a returning resident's visa or residence visa issued under the Immigration Act 1987 allowing the person to lawfully return to New Zealand or come to New Zealand for the purposes of residence: (iv) a person who is exempt from any requirement to hold a permit under the Immigration Act 1987 : (v) a person who is a spouse or partner, child, or other dependant of any person referred to in any of subparagraphs (i) to (iv) , and who generally accompanies the person referred to in the subparagraph. (2) A person does not have a permanent place of residence in New Zealand if he or she has been and remains absent from New Zealand for more than 6 months or intends to be absent from New Zealand for more than 6 months. This subsection overrides subsection (3) but is subject to subsection (4) . (3) A person has a permanent place of residence in New Zealand if he or she, although absent from New Zealand, has been personally present in New Zealand for a period or periods exceeding in the aggregate 183 days in the 12-month period immediately before last becoming absent from New Zealand. (A person personally present in New Zealand for part of a day is treated as being personally present in New Zealand for the whole of that day.) (4) A person does not cease to have a permanent place of residence in New Zealand because he or she is absent from New Zealand primarily in connection with the duties of his or her employment, the remuneration for which is treated as income derived in New Zealand for New Zealand income tax purposes, or for 6 months following the completion of the period of employment outside New Zealand, so long as he or she intends to resume a place of residence in New Zealand. (5) A person is not ordinarily resident in New Zealand if he or she is in New Zealand unlawfully within the meaning of the Immigration Act 1987 . Any period during which a person is in New Zealand unlawfully is not counted as time spent in New Zealand for the purposes of subsection (3) . Compare: 1998 No 114 s 24 Subsection (1)(b) was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” .