11 May 2015
Leave to appeal was granted because the correct interpretation of "ordinarily resident in New Zealand" in s 8(a) raises a significant question of law warranting Supreme Court consideration; the Court did not decide the substantive issue on the merits.
12 Dec 2014
For s 8(a) an applicant must demonstrate a close and clear connection to New Zealand at the date of application assessed objectively: usual physical presence in New Zealand (not casual visits), voluntary presence, an intention to remain for a settled purpose, continuity of residence despite temporary absences, and absence of residence in another country; missionary status is irrelevant and ss 9–10 relate only to calculating presence for ss 8(b) and (c).
12 Sept 1996
Regulation 3(1)(a) is a general qualifying statement but is subject to the deeming and absence rules in Regulation 3(2) and 3(4); a person absent from New Zealand seeking cover must satisfy the 183-day presence test or not be absent for more than six months to be deemed to have a permanent place of abode in New Zealand. The appellant did not meet those requirements for the relevant departures and therefore was not ordinarily resident in New Zealand; appeal dismissed.