A4.70 Determination of whether a medical waiver should be granted (residence and temporary entry) (30/07/2012)

1. Any decision to grant a medical waiver must be made by an immigration officer with Schedule 1-3 delegations (see A15.5).
2. When determining whether a medical waiver should be granted, an immigration officer must consider the circumstances of the applicant to decide whether they are compelling enough to justify allowing entry to, and/or a stay in New Zealand.
3. Factors that officers may take into account in making their decision include, but are not limited to, the following:
   1. the objectives of Health instructions (see A4.1) and the objectives of the category or instructions under which the application has been made;
   2. the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;
   3. whether the applicant has immediate family lawfully and permanently resident in New Zealand and the circumstances and duration of that residence;
   4. whether the applicant's potential contribution to New Zealand will be significant;
   5. the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).
4. An applicant who is the partner or dependent child of a New Zealand citizen or residence class visa holder, who would otherwise meet the criteria for residence under Partnership (see F2.5(a)) or Dependent Child (see F5.1(a)) instructions, will be granted a medical waiver unless the limitations on the grant of medical waivers to such persons set out at A4.60(a) and A4.60(b) apply.
5. An applicant who has been recognised as having refugee or protection status will be granted a medical waiver, unless the limitation on the grant of medical waivers to such persons set out at A4.60(a) applies.
6. An immigration officer should consider any advice provided by an Immigration New Zealand medical assessor on medical matters pertaining to the grant of a waiver, such as the prognosis of the applicant.
7. An immigration officer must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.

Effective 30/07/2012