09 February 2026
Anthony Jordan
[FYI request #33588 email]
Kia ora Anthony
Your Official Information Act request, reference: GOV-045699
Thank you for your email of 24 January 2026, asking for the following information under the Official
Information Act 1982 (the Act):
1/ What Entitlements are excluded from the Act for Il egal Workers?
2/ What Entitlements are excluded from the Act for Immigrants/Overstayers?
3/ How would Il egal Workers and Il egal Immigrants/Overstayers apply for Entitlements?
Our response Illegal immigrants, workers, and overstayers are not expressly excluded from cover under the Accident
Compensation Act 2001. Cover is generally determined by the nature of the accident and injury, and
whether it occurs in New Zealand, rather than the person's immigration status.
However, a person’s immigration status wil be relevant to some aspects of cover, for example where
an accident or treatment injury takes place overseas. Generally, to attract cover in those situations, the
person must have been an ordinary resident of NZ at the time of accident.
Additionally, under section 127 of the AC Act, ACC cannot pay entitlements to someone outside of New
Zealand if their entitlement is based on work they were not legally allowed to do in New Zealand under
immigration law.
If you have any questions about this response, please get in touch
You can email me a
t [email address]. If you are not happy with this response, you can
also contact the Ombudsman vi
a [email address] or by phoning 0800 802 602.
Information about how to make a complaint is available a
t www.ombudsman.parliament.nz. Ngā mihi
Christopher Johnston
Manager Official Information Act Services Government Engagement
GOV-045699 Page 1 of 1
