S4.5.1 Objective

The objectives of the residence category for victims of domestic violence is to:

enable partners of New Zealand citizens or residence class visa holders to remain in New Zealand where they: intended to seek residence class visas on the basis of their relationship which has ended because of domestic violence to either the non-resident partner or their dependent child; and cannot return home because of the impacts of stigma, or because they would have no means of independent financial support from employment or other means; and recognise New Zealand's international obligations, particularly to: end discrimination against women in all matters related to marriage and family relations (Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women); and protect children from mental and physical violence (Article 19 of the United Nations Convention on the Rights of the Child); S4.5.2 Who is eligible for a resident visa for victims of domestic violence

People in New Zealand who:

are, or have been, in a partnership (see F2.5b) with a New Zealand citizen or residence class visa holder; and had intended to seek a residence class visa in New Zealand on the basis of that relationship; and that partnership has ended due to domestic violence by the New Zealand citizen or residence class visa holder or by someone with whom the applicant is living with in a domestic relationship; and are unable to return to their home country because: would have no means of independent financial support from employment or other means, and have no ability to gain financial support from other sources; or would be at risk of abuse or exclusion from their community because of stigma; and meet health and character requirements (see A4 and A5); may be granted a resident visa.

Note: For the purpose of these instructions, 'domestic relationship' has the meaning set out in s4 of the Domestic Violence Act 1995.

S4.5.5 Evidence of domestic violence

Evidence of domestic violence means:

a final Protection Order against the New Zealand citizen or resident partner, or someone with whom the applicant is living in a domestic relationship, under the Domestic Violence Act 1995; or a relevant New Zealand conviction of the New Zealand citizen or residence class visa holder partner, or someone with whom the applicant is living in a domestic relationship, of a domestic violence offence against the principal applicant or a dependent child of the principal applicant;

or a complaint of domestic violence against the principal applicant or a dependent child investigated by the New Zealand Police where the New Zealand Police are satisfied that domestic violence has occurred; or a statutory declaration from the applicant stating that domestic violence has occurred and two statutory declarations completed by persons competent to make statutory declarations that domestic violence has occurred.