A4.65 Applicants who will not normally be granted a waiver (26/07/1999)

1. Applicants will not normally be granted a medical waiver if:
   1. they have an infectious or communicable disease other than tuberculosis, or
   2. they need surgery that is likely to create a severe resource problem within the New Zealand health system.
2. This section does not apply to:
   1. applicants from the Pacific whose entry to New Zealand has been approved on medical grounds so that they can receive a mitral valve replacement (Note: waivers will not be granted to nationals of countries that can supply appropriate care); or
   2. people referred to New Zealand for medical treatment if ongoing treatment is not available in the home country (Note: applicants must provide evidence that the treatment is unavailable in the home country); or
   3. applicants with a terminal illness if entry has been approved on humanitarian grounds to be with a close family member resident in New Zealand.

A4.65.1 Action

1. Applications covered by section A4.65 above will not automatically be declined on health grounds.
2. Visa and immigration officers must consider the surrounding circumstances to decide whether they are compelling enough to justify making an exception to the acceptable standard of health requirement.
3. Factors that officers may take into account in making their decision include but are not limited to the following:
   1. the objectives of the relevant residence policy or category, and
   2. whether New Zealand has sufficient resources, and the degree to which the applicant would be a burden on New Zealand health services, and
   3. whether the applicant has a spouse or partner who is a New Zealand citizen or resident, and
   4. whether the applicant has immediate family lawfully and permanently (see F4.1.1) resident in New Zealand, and
   5. whether the applicant's potential contribution to New Zealand will be significant, and
   6. whether the applicant meets all other requirements of the Humanitarian category (see H2).

A4.65.5 Further medical opinions

1. To assist in determining whether a medical waiver is justified under A4.65 above, visa and immigration officers may seek a further medical opinion from the consultant physician who carried out the initial assessment.
2. Officers should refer all relevant papers to the consultant physician, together with the reasons for seeking a further opinion. If appropriate, they should ask for a prognosis and/or in light of further information received from the applicant an opinion on the extent of any likely burden on the health service if a medical waiver is granted.
3. If the consultant physician and the applicant's medical advisor(s) have provided conflicting reports, officers should seek a further medical opinion from either the medical referee or the psychiatric referee (see A4.50).

Effective 26/07/1999