Residency Declaration for New Zealand

Residency Declaration Template for New Zealand

A Residency Declaration is a formal legal document used in New Zealand to officially declare an individual's residency status for various purposes such as tax, immigration, or financial compliance. The document, governed by New Zealand law including the Income Tax Act 2007 and Immigration Act 2009, requires individuals to make legally binding statements about their residence status, including details about their physical presence in New Zealand, permanent place of abode, and other relevant residency criteria. The declaration typically includes supporting documentation and must comply with the requirements of the Oaths and Declarations Act 1957.

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What is a Residency Declaration?

The Residency Declaration serves as a crucial document in New Zealand's legal framework, used to establish an individual's residency status for various official purposes. This declaration is commonly required when dealing with government agencies, financial institutions, or employers who need to determine an individual's tax obligations, immigration status, or eligibility for certain benefits or services. The document typically includes detailed information about the declarant's presence in New Zealand, their ties to the country, and relevant supporting documentation. The declaration must comply with New Zealand legislation, including the Income Tax Act 2007, Immigration Act 2009, and Oaths and Declarations Act 1957. Making a false Residency Declaration can have serious legal consequences, making it essential for declarants to provide accurate and truthful information.

What sections should be included in a Residency Declaration?

1. Declarant Details: Full legal name, date of birth, passport number, and current address of the person making the declaration

2. Purpose of Declaration: Statement explaining why the residency declaration is being made (e.g., tax purposes, immigration, banking)

3. Residency Status Declaration: Clear statements about current residency status, including specific dates of residence and any temporary absences

4. Tax Residency Criteria: Declarations regarding the 183-day rule, permanent place of abode, and other relevant tax residency tests

5. Immigration Status: Details of current visa status, permanent residency, or citizenship status

6. Address History: List of residential addresses in New Zealand and overseas for the relevant period

7. Declaration of Truth: Formal statement confirming all information provided is true and correct, with acknowledgment of legal consequences for false declarations

What sections are optional to include in a Residency Declaration?

1. Employment Details: Information about current and previous employment in New Zealand, used when the declaration is for work-related purposes

2. Family Ties Declaration: Details about family members in New Zealand, relevant when establishing permanent place of abode

3. Asset Holdings: Information about property or other significant assets in New Zealand, used for tax residency determination

4. Overseas Income Declaration: Details of foreign income sources, required when the declaration is for tax purposes

5. Future Intentions: Statement about intended future residence in New Zealand, relevant for long-term residency determinations

What schedules should be included in a Residency Declaration?

1. Identity Documentation: Copies of passport, driver's license, or other government-issued ID

2. Visa Documentation: Copies of current and previous visas, residence permits

3. Travel Records: Summary of international travel dates and documentation

4. Proof of Address: Utility bills, rental agreements, or other documents proving NZ residence

5. Tax Records: Relevant tax returns or certificates of tax residence if declaration is for tax purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Financial Services

Government and Public Sector

Education

Immigration Services

Legal Services

Banking

Healthcare

Real Estate

Professional Services

Tax Advisory

Relevant Teams

Human Resources

Legal

Compliance

Finance

Risk Management

International Services

Tax

Immigration Processing

Client Services

Regulatory Affairs

Relevant Roles

Tax Manager

Immigration Officer

Compliance Officer

HR Manager

Bank Account Manager

Legal Counsel

Residency Advisor

Tax Consultant

Immigration Consultant

Finance Director

Enrollment Officer

Risk Assessment Officer

Regulatory Compliance Manager

International Student Advisor

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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