Request for clarification on the definition of 12-month period
Peter made this Official Information request to Department of Internal Affairs
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From: Peter
Dear Department of Internal Affairs,
Hope this message finds you well.
I am reading the Presence in NZ requirements of Requirements for NZ citizenship webpage:https://www.govt.nz/browse/passports-cit..., and feel confused about the requirement of "240 days in each 12-month period", especially the definition of "12-month period".
Also, I am not clear about the note "You might not meet this requirement if you have been out of New Zealand for longer than 4 months in any 12-month period".
The simple and straight understanding of the "12-month period" is to split the 5 years into five 12-month periods and the 5 years counted backwards from the day of application for citizenship. Then we count the 240 days, or 4 months in each of the five 12-month periods, which is very clear.
However, another understanding to the wording could also make sense. There should be 48 possible combinations of the "12-month period". For example, in the 5-year period of January 2021 to January 2026, 02/2021 - 02/2022 can be a combination and 01/2025 - 01/2026 can also be a combination. So does the applicant needs to stay 240 days in NZ, or not be out of NZ for 4 months, in each possible combination of 12-month period in the given 5 years?
For example, how do you count the 240 days in each 12-month period if an applicant submits citizenship application in January 2026 while they were out of NZ during period of 04/2025 - 07/2025, and period of 09/2024- 12/2024? In this example, the applicant were out of NZ for 3 months in each 12-month period of 01/2025-01/2026 and 01/2024 - 01/2025. But you can also say that the applicant were out of NZ for 6 months in the 12-month period of 09/2024 - 09/2025, which is also a kind of possible combination of 12-month period.
Looking forward to your clarification on the definition of "12-month period".
Yours faithfully,
Peter
From: Janet Ovenden
Department of Internal Affairs
Kia ora Peter,
You are correct about the years when you stated “The simple and straight
understanding of the "12-month period" is to split the 5 years into five
12-month periods and the 5 years counted backwards from the day of
application for citizenship. Then we count the 240 days, or 4 months in
each of the five 12-month periods, which is very clear”. The only point to
make is that the time you should be in New Zealand with residency is a
minimum of 240 days (approximately eight months) and the time you can be
outside New Zealand, or in New Zealand without residency, is a maximum of
125 days (approximately four months), in each year.
For example, if you applied today, (22 July 2025), the relevant five-year
period would be 22 July 2020 to 21 July 2025. Each of the five years would
run 22 July to 21 July.
You will see on the webpage that there are Example scenarios underneath
the “What are the presence requirements?” heading, which show this more
clearly.
We are looking at some changes to the website to help make this clearer.
Janet
Advisor
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