# LLMs-Full.txt - Full Content for Project Pages # Generated on: 2026-01-22T12:18:20.602Z # Total pages: 28 ## URL: https://www.malawyers.co.nz/home ### Title: Home ### Page ID: 6926830 ### Content: # Mathews & Associates # Mathews & Associates ## Expert Legal Support #### Trusted Expertise #### Friendly Approach #### Timely & Affordable ## Whangārei & Northland Proud ## Services ##### [Conveyancing](/conveyancing) ##### [Wills and EPAs](/wills-and-epas) ##### [Immigration](/immigration) ##### [Trusts](/trusts) ## Approachable Legal Advice ## Frequently Asked Questions #### What is conveyancing and do I need a lawyer to buy a house in NZ? #### Do I need a lawyer to write a Will? #### What is an Enduring Power of Attorney? #### What is a "contracting out" agreement? #### Can you assist with commercial properties? ## Case Studies & News ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Proudly serving Northland for over 30 years. Your local experts in family and property law, with a down-to-earth approach you can trust. Proudly serving Northland for over 30 years. Your local experts in family and property law, with a down-to-earth approach you can trust. We know legal issues can be complex, which is why we believe in providing peace of mind, not more complexity from your lawyer. Based in the heart of Whangārei, Mathews & Associates has been a trusted pillar of the Northland community since 1994. While our roots are firmly planted in the local region, our expert legal services extend across the whole of New Zealand. Our commitment to a down-to-earth approach and timely, affordable solutions remains the same. Whether you're buying or selling a first home or a large-scale development, our Whangarei local team provides competitively priced conveyancing to get the deal done. Planning for the future is important. We assist with creating wills, enduring powers of attorney, & family trusts to ensure your wishes and assets protected. Planning for your future together is a positive step. We help with "contracting out" agreements to provide clarity and certainty, ensuring relationships stays strong. Visas to residency, we provide down-to-earth advice dedicated support to help you through New Zealand's immigration process. Secure your legacy and protect your assets for the future. We provide expert advice on setting up and managing family trusts. We provide expert advice on buying, selling, and leasing commercial property to help you navigate their complexities Legal issues can be confusing, but getting a clear plan doesn't have to be. We are a locally owned and operated firm with a friendly, down-to-earth approach. We're here to listen, offer sound legal advice, and provide timely, affordable solutions. Conveyancing is the legal process of transferring property ownership. Yes, you should always use a lawyer or legal executive. We ensure the property title is clear, contracts are fair, and all legal requirements are met, protecting you from potential issues. While you can draft a Will yourself, a lawyer ensures it is legally valid and correctly reflects your wishes. A poorly drafted Will can lead to future disputes, causing your family stress and financial burden. An Enduring Power of Attorney (EPA) is a legal document that allows you to choose someone to manage your finances (property) and/or make decisions about your health and care (personal care and welfare) if you lose the ability to do so. It is a vital part of estate planning for every adult. Also known as a "pre-nup," a contracting out agreement is a legally binding document that allows you and your partner to decide how your property will be divided if your relationship ends. It is a proactive way to provide certainty and protect assets. Yes. We provide expert legal advice for commercial conveyancing, including buying, selling, and leasing commercial properties, as part of our business law services. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - 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[Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/about-us ### Title: About Us ### Page ID: 6934887 ### Content: # About Mathews & Associates ## Trusted Legal Experts #### MISSION #### VISION ## Our Team ## Chris Perry #### **Chris Perry** ###### ASSOCIATE/REGISTERED LEGAL EXECUTIVE ## Carolyn McLeod #### **Carolyn McLeod** ###### ASSOCIATE/REGISTERED LEGAL EXECUTIVE ## Patrick Mathews #### **Patrick Mathews** ###### REGISTERED LEGAL EXECUTIVE ## Amy Jones #### **Amy Jones** ###### REGISTERED LEGAL EXECUTIVE ## Robyn Wasson #### **Robyn Wasson** ###### LEGAL SECRETARY ## Renee McCarty #### **Renee McCarty** ###### LEGAL SECRETARY ## Marianne Clark #### **Marianne Clark** ###### LEGAL SECRETARY ## Trenelle Woods-Eruera #### **Trenelle Woods-Eruera** ###### LEGAL SECRETARY ## Kerry Ginders #### **Kerry Ginders** ###### PRACTICE MANAGER ## Nicky Mathews #### **Nicky Mathews** ###### LEGAL SECRETARY ## Angel Mansell #### **Angel Mansell** ###### LAW CLERK ## Charn Tiebtienrat #### **Charn Tiebtienrat** ## Approachable Legal Advice ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Mathews & Associates Lawyers is a proudly local, Whangārei-based law firm dedicated to serving the Northland community. We know that dealing with legal matters can often feel complex and intimidating, which is why we've built our practice around a simple, down-to-earth approach. As a family-oriented firm, we prioritise building genuine relationships with our clients. Our roots in the community run deep, beginning in 1994 when the firm was founded by Robyn Mathews. Over the years, we have grown and evolved, becoming the firm we are today under the leadership of our Director, Chris Perry. Our mission is to provide clear, practical, and expert legal advice that is both timely and affordable, ensuring you get the quality service you deserve without the jargon. We focus on helping individuals, families, and small-to-medium-sized businesses navigate their legal needs with confidence and peace of mind. Chris is the Director and Trust Account Supervisor at Mathews & Associates Lawyers Limited in Whangārei. He is the firm’s principal lawyer and is responsible for overseeing all legal work and supervising staff. Chris has more than 25 years of legal experience in New Zealand and overseas. He was admitted as a barrister and solicitor of the High Court of New Zealand in 1998. He holds a Master of Laws with First Class Honours from the University of Canterbury, and has completed advanced study and research at leading universities in the United Kingdom. His practice covers a wide range of areas including: Chris ensures that the firm maintains high professional and ethical standards. He is committed to providing practical, clear, and compassionate legal advice to clients. Carolyn is a highly experienced legal executive with expertise in a wide variety of legal issues, both in personal and commercial law. She can assist with buying and selling businesses, companies, wills, trusts, and various property transactions. Her specialist area is trust law. Carolyn is an associate of the firm and a Fellow of the New Zealand Institute of Legal Executives. Carolyn enjoys helping clients with complicated family property arrangements which include companies and trusts. Carolyn is a keen gardener and keeps animals on her lifestyle block. Her four young grandchildren also keep her busy. Patrick has worked for this firm or it’s predecessors since mid 2007. He is an associate of the firm and also an associate member of the New Zealand Institute of Legal Executives. Patrick is passionate about conveyancing. Whether someone is buying their first home or preparing for retirement, Patrick can assist clients with all the legal aspects of buying and selling land. Outside of work, Patrick enjoys spending time with his family. Amy has been in the legal industry since 2006 and gained her NZ Legal Executive Diploma in 2012. Amy moved to join Mathews & Associates in October 2023. Amy has experience in all aspects of the firm however is currently focusing on Estates, Wills and Enduring Powers of Attorney and property conveyancing whilst keeping up to date with subdivisions, trusts and commercial transactions. Amy has extensive knowledge of landonline and edealings. In her spare time Amy enjoys playing hockey and spending time with her family. I have worked for law firms much of my working life starting as an office junior ‘way back when’, before progressing to secretarial work and then gaining my legal executive qualification some 30 years ago. I have worked for law firms locally, in Auckland and in Melbourne, Australia. My passion has always been conveyancing (as I enjoy the structure that conveyancing brings) although I have also worked in the mortgagee sale field (major Bank as sole client) and I have also worked in the legal team for a large company that owns retirement villages throughout New Zealand. I consider myself to be a “people” person. I enjoy interacting and assisting my clients wherever possible. I am married with two adult children and 4 grandchildren. I enjoy swimming, walking, gardening, camping, travel, and spending time with family and friends. I decided in 1996, when completing Legal Studies in sixth form (year 12) at Waitakere College in West Auckland, that I wanted to work in law. Between 1998 and 2011, I worked in two general practice law firms in Auckland before making the move to Whangarei in 2011, following my husband who had started his own business here. I worked with a local Chartered Accountant and for a homewares store for a time and it was 3 years before I was offered a position working with a highly regarded Barrister Sole. I have worked with Mathews & Associates since December 2021 and feel like I have found my niche. I enjoy working with the team here and predominantly work with our Director, Chris Perry, assisting in relationship property agreements, where I am hugely involved in guiding and assisting people through the process of reaching satisfactory and fair agreements. I am a proud Southerner originally hailing from Dunedin, though have lived most of my life away from the region, it’s still “home”. During my free time I enjoy spending time at home with my family reading, though quiet is not easily found in our house with a husband, two young children, 3 dogs and 2 cats. I also enjoy spending time relaxing with friends and family, trying my hand at gardening and travelling. Marianne is a valued member of the Mathews & Associates team, supporting our legal services as a Legal Secretary. On Mondays she is the friendly face at reception, warmly welcoming clients and assisting with enquiries. As Carolyn’s assistant, Marianne plays a key role in ensuring our operations run smoothly and efficiently. Since joining the firm in October 2023 Marianne has assisted with a variety of legal matters including conveyancing, Trusts, Wills, and Enduring Powers of Attorney (EPOAs). She also supports Nicky with the management of the firm’s Trust Account, helping to ensure compliance and accuracy in all trust-related transactions. Outside of work hours Marianne is studying part-time toward her Legal Executive Diploma, further developing her skills and knowledge to support her role. With strong attention to detail, a commitment to learning, and a focus on client care, Marianne contributes meaningfully to the smooth running of the firm and helps maintain the high standard of professionalism Mathews & Associates is known for. I have been a part of the team here at Mathews & Associates for nearly a year now, bringing enthusiasm for both collaboration and personal growth. With a passion for connecting with people, I thrive in a role that allows for meaningful interactions and effective communication. Always eager to learn, I believe I have quickly developed a solid understanding of the field I now work in and am continually seeking new opportunities to expand my knowledge and expertise. Outside of the office, I like to play hockey, enjoying the competitive spirit that the sport brings. This active lifestyle mirrors my professional demeanour – focused, willing and always striving to improve. With a deep interest in the industry I work in, I am excited to continue growing and taking on new challenges, with a commitment to both personal and professional development. Whether it's on the turf or in my workplace, I will approach each challenge with a positive attitude and a strong work ethic. I have always had a background in administration and have worked in several areas of business including Real Estate and legal affairs. I now assist our team in the areas of Conveyancing, Wills, EPOA’s and Estates. I have lived in Whangarei most of my life and have two amazing boys (now adults). I enjoy fishing, camping and four-wheel driving with my husband. Nicky has worked for Mathews & Associates since 2016 as the practice manager. She is the trust account administrator. Outside of work her 2 kids keep me very busy along with my passion for hockey. Angel is legal secretary who has been working with Amy since 2024, focusing on Wills, Enduring Powers of Attorney, and Estates. Outside of work, she loves playing hockey and spending time at the beach with her little boy. Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Legal issues can be confusing, but getting a clear plan doesn't have to be. We are a locally owned and operated firm with a friendly, down-to-earth approach. We're here to listen, offer sound legal advice, and provide timely, affordable solutions. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - Occupation Rights Agreements and retirement village advice - Relationship Property and Contracting Out agreements - Wills and Enduring Powers of Attorney - Probate and estate administration - Certification of LINZ e-dealings - Applications for dissolution of marriage - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/our-services ### Title: Services ### Page ID: 6934949 ### Content: # Services ## Services ##### [Conveyancing](/conveyancing) ##### [Wills and EPAs](/wills-and-epas) ##### [Immigration](/immigration) ##### [Trusts](/trusts) ## Approachable Legal Advice ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Whether you're buying or selling a first home or a large-scale development, our Whangarei local team provides competitively priced conveyancing to get the deal done. Planning for the future is important. We assist with creating wills, enduring powers of attorney, & family trusts to ensure your wishes and assets protected. Planning for your future together is a positive step. We help with "contracting out" agreements to provide clarity and certainty, ensuring relationships stays strong. Visas to residency, we provide down-to-earth advice dedicated support to help you through New Zealand's immigration process. Secure your legacy and protect your assets for the future. We provide expert advice on setting up and managing family trusts. We provide expert advice on buying, selling, and leasing commercial property to help you navigate their complexities Legal issues can be confusing, but getting a clear plan doesn't have to be. We are a locally owned and operated firm with a friendly, down-to-earth approach. We're here to listen, offer sound legal advice, and provide timely, affordable solutions. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/conveyancing ### Title: Conveyancing ### Page ID: 6934951 ### Content: # Conveyancing ## Conveyancing Specialists ## Conveyancing Services ### Your Property Partners #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Buying or selling a property is one of the most significant financial decisions you will ever make. Whether it’s your first home, an investment, or family bach, the process can feel overwhelming. We specialise in residential conveyancing, offering competitively priced, expert services to the Northland community and beyond. Our team is committed to making your property transaction as smooth, efficient, and straightforward as possible. Our expertise covers all aspects of property law to ensure every detail of your transaction is managed with precision and care. We provide proactive advice and diligent service to protect your interests and help you achieve your property goals. **Buying & Selling Property:** Complete legal support for buying and selling any type of property **Mortgage & Refinancing:** We assist with all legal requirements when adding or switching lenders **Subdivisions:** We can assist you with your development plans in conjunction with your surveyor and register the new title documents Navigate your property journey with confidence. Our dedicated team provides clear, affordable conveyancing to help you get the deal done. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/contact-us ### Title: Contact ### Page ID: 6934969 ### Content: # Contact Us ## We Are Here To Help - Mathews & Associates ##### [09 437 3070](tel: 09 437 3070) ##### [info@malawyers.co.nz](mailto: info@malawyers.co.nz) ##### Level 1, 151 Bank Street, Whangarei Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - 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[Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/terms-of-engagement ### Title: Terms of Engagement ### Page ID: 6954341 ### Content: # Terms of engagement ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) 1.1 These Standard Terms of Engagement (Terms) apply to any current engagement and also to any future engagement, whether or not we send you another copy of them. We are entitled to change these Terms from time to time, in which case we will send you amended Terms. Our relationship with you is governed by New Zealand law and New Zealand courts have exclusive jurisdiction.  2.1 The services we are to provide for you (the Services) are outlined in our letter of engagement along with any further instructions that you provide to us in writing (or that we record in writing). 2.2 In order to provide you with efficient advice and services and to provide the most cost-effective service, it may be that part or all of your instructions will be delegated to other professionals in our firm.  3.1 We will obtain your contact details, including email address, postal address and telephone numbers. We may provide documents to you by email (or other electronic means). You will advise us if any of your contact details change.  3.2 We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.  3.3 You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins. At any time you may request that this not be sent to you.  4.1 **Fees:**  The basis upon which we will charge our fees is set out in our engagement letter.  (a) If the engagement letter specifies a fixed fee, we will charge this for the agreed scope of the Services. Work which falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.   (b) Where our fees are calculated on an hourly basis, the hourly rates of the people we expect to undertake the work are set out in our engagement letter. Any differences in those rates reflect the different levels of experience and specialisation of our professional staff. Time spent is recorded in six-minute units.  (c) Hourly fees may be adjusted (upwards or downwards) to ensure the fee is fair and reasonable to take into account matters such as the complexity, urgency, value and importance of the Services. Full details of the relevant fee factors are set out in Rule 9 of the Lawyers and Conveyancers Act. (d) Changes to legislation and regulations have increased the compliance obligations placed upon Law Firms. Accordingly, our fees may incur provision for works relating to compliance. 4.2 **Disbursements and Third Party Expenses:** In providing the Services we may incur disbursements and payments to third parties on your behalf. You authorise us to incur these disbursements (which may include such items such as search fees, court filing fees, registration fees and travel and courier charges) which are reasonably necessary to provide the Services. You also authorise us to make payments to third parties on your behalf which are reasonably required to undertake the Services (which may include items such as experts’ costs or counsel’s fees). These will be included in our invoice to you, shown as “disbursements” when the expenses are incurred (or in advance when we know we will be incurring them on your behalf). 4.3 **Office Service Charge Fee (Administrative expenses):** In addition to disbursements, we will charge a fee to cover out of pocket costs which are not included in our fee and which are not recorded as disbursements. These include items such as photocopying and printing, postage, file storage and destruction, and communications systems. 4.4 **GST:** Our services will usually attract Goods and Services Tax (GST). If this is the case, GST is payable by you on our fees and charges.  4.5 **Invoices:** We will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement. We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period of time. Interim invoices are generally not sent for conveyancing transactions which are prepared prior to settlement.   4.6 **Payment:** Invoices are payable within fourteen (14) days of the date of the notice, unless alternative arrangements have been made with us or it is a residential/commercial conveyancing transaction where our fees are payable upon settlement.  (a) You authorise us to deduct our fees and other expenses from funds held in our trust account on your behalf on provision of an invoice to you, unless those funds are held for a particular purpose. (b) If you have difficulty in paying any of our accounts, please contact us promptly so that we may discuss payment arrangements.  (i)require interest to be paid on any amount which is more than 14 days overdue, calculated at the rate of 10% per annum for the period that the invoice is outstanding; (ii)stop work on any matters in respect of which we are providing services to you;  (iii)require an additional payment of fees in advance or other security before recommencing work;  (iv)recover from you in full any costs we incur (including on a solicitor/client basis) in seeking to recover the amounts from you, including our own fees and the fees of any collection agency. **Payee:** Mathews & Associates Lawyers Ltd Trust Account *Please quote the reference which is given on the invoice* 4.7 **Fees and disbursements in advance:** We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. We may do this, on reasonable notice, at any time.  4.8 **Estimates:** You may request an estimate of our fee for undertaking the Services at any time. If possible, we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step). An estimate is not a quote. Any significant assumptions included in the estimate will be stated and you must tell us if those assumptions are wrong or change. We will inform you if we are likely to exceed the estimate by any substantial amount. Unless specified, an estimate excludes GST, disbursements and expenses.  4.9 **Hourly rates:** Where a fixed fee may not apply our services are charged by the hour plus GST. We have set our rates as per the below categories: (b) Senior Legal executive/Junior Solicitor rate $300 - $350 per hour (c) Secretarial/Administrative rate $150- $200 per hour These rates are subject to change. Where the price has a variable rate it will be determined by the experience level of the staff member assisting you. 4.10 **Third Parties:** Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us.  4.11 **Trust Accounting:** We operate a trust account. All money received from you or on your behalf will be held to your credit in our trust account.  (a) Payments out of the trust account will be made either to you or to others with your authority. Written authorisation from you (and if we are acting for more than one of you, from all of you) will be required when payment is to be made to a third party. Before making a payment to another account we may require verification of the account details by provision of (for example) a copy of a deposit slip, cheque or bank statement showing the account number, a signed authority from you including the bank account details, or a signed letter from the relevant financial institution provide bank account details.  (b) A full record of our trust account is kept at all times. A statement of trust account transactions detailing funds received and payments made on your behalf will be provided to you periodically and at any time upon your request. (c) Unless it is not reasonable or practicable to do so, when we hold significant funds for you for more than a short period of time we will place them on call deposit with a bank registered under section 69 of the Reserve Bank of New Zealand Act 1989. Interest earned from call deposits, less withholding tax and an interest administration fee payable to us of 5% of the interest, will be credited to you.   5.1 **Confidence:** We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except: (a) to the extent necessary or desirable to enable us to carry out your instructions; or (c) as necessary to protect our interests in respect of any complaint or dispute; or 5.2 Confidential information concerning you will, as far as practicable, be made available only to those within our firm who are providing legal services for you.  5.3 **Personal information and Privacy:** In our dealings with you we will collect and hold personal information about you. We will use that information to carry out the Services and to make contact with you about issues we believe may be of interest to you. Provision of personal information is voluntary but if you do not provide full information this may impact on our ability to provide the Services. 5.4 Subject to clause 5.1, you authorise us to disclose, in the normal course of performing the Services, such personal information to third parties for the purpose of providing the Services and any other purposes set out in these Terms.  5.5 We may disclose your name and address to third parties such as credit agencies to perform a credit reference or to undertake credit management or collection processes if it is reasonable to do so.  5.6 The information we collect and hold about you will be kept at our offices and/or at secure file storage sites (including electronic file storage sites) elsewhere. If you are an individual, you have the right to access and correct this information. If you require access, please contact the writer.  6.1 We are required by law to verify your (and any person acting on your behalf) identity, address, and, in some circumstances, your source of wealth or the source of funds you are using for a transaction (“due diligence”). Where you are not an individual, but an entity or organisation such as a trust or company (or similar) we may also be required to undertake due diligence on persons associated with you (“relevant persons”), potentially including your beneficial owners, persons acting on your behalf persons who have or may have effective control over you and members of your governing body. You agree to ensure that each relevant person about whom we collect, hold and disclose information as described above is aware of and consents to that collection, holding and disclosure. You also agree to ensure that all information provided to us concerning you and any relevant person is accurate and (where relevant) complete. You acknowledge that, prior to completing such due diligence or any ongoing due diligence required, we may be prohibited from acting for you, acting for you on the relevant new matter giving rise to the need for due diligence or completing trust account transactions for you (as the case may be). We are not liable to you, or anyone else, for anything done or not done by us (including any provision of information by us to any third party, any inability to process any payment for you or any withholdings made) in order to comply with our legal obligations.  6.2 We may wish to carry out reasonable credit checks on you from time to time.  6.3 You authorise us to collect information about you and relevant persons (including customer due diligence information and credit reports), to obtain, exchange, hold, disclose and use such information, and to make any other enquiries we think appropriate to: (a) confirm information provided to us about you is true; (b) undertake initial and ongoing customer due diligence and monitoring in accordance with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act); (c) enforce debt and legal obligations (including recovery of money owed to us); and (d) comply with other legal obligations we may have, which may include providing information about you, persons acting on your behalf or other relevant persons to government agencies. There may be circumstances where we are not able to tell you or such persons if we do provide information. 6.4 You authorise any person (including credit reporters) to disclose information (including credit information) to us in response to such enquiries.  6.5 You accept that we may use customer due diligence services (including third party systems and electronic based services from a third party to verify your identity and conduct other customer due diligence or monitoring required under the AML/CFT Act, and that we may use credit reporting services to credit check you, and that when we use such services: (a) the other third party or credit reporter (each a Service Provider) will exchange information about you for that purpose and the Service Provider may hold information on its system (which you may request and access) and use it to provide their customer due diligence service or credit reporting service (as the case may be) to their other customers; (b) we may use the Service Provider’s services in the future for any authorised purpose (including in relation to ongoing customer due diligence or the provision of credit). This may include using the Service Provider’s monitoring services to receive updates if information held about you changes; and (c) if you default in your payment obligations to us, information about that default may be given to credit reporters and given by credit reporters to their other customers. 6.6 We may end our engagement (or if our engagement has not commenced, refuse to act for you): (a) if you do not provide us with, or we are unable to obtain or verify necessary due diligence information about you, any person acting on your behalf and any other relevant person, to the extent and standards required under the AML/CFT Act, including for initial or ongoing due diligence and monitoring in accordance with the AML/CFT Act; (b) information provided by you or obtained by us about you or relevant persons is insufficient for us to verify your identity, address and / or source of wealth or source of funds to required standards; or (c) if required by law to do so at law, including, without limitation, if required to do so under the AML/CFT Act 7.1 We will keep a record of all important documents which we receive or create on your behalf on the following basis: (a) We will keep a record electronically and destroy originals (except where the existence of an original is legally important such as in the case of wills and deeds).  (b) At any time, we may dispose of documents which are duplicates, or which are trivial (such as emails which do not contain substantive information), or documents which belong to us.  (c) We are not obliged to retain documents or copies where you have requested that we provide them to you or to another person and we have done so, although we are entitled to retain copies for our own records if we wish to do so.  7.2 We will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the Privacy Act 1993 or any other law. We may charge you our reasonable costs for doing this. 7.3 Where we hold documents that belong to a third party you will need to provide us with that party’s written authority to uplift or obtain a copy of that document.  7.4 Unless you instruct us in writing otherwise, you authorise us and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the Services seven (7) years after our engagement ends (other than any documents that we hold in safe custody for you or are otherwise obliged by law to retain for longer). We may retain documents for longer at our option. 7.5 We may, at our option, return documents (neither in hard or electronic form) to you rather than retain them. If we choose to do this, we will do so at our expense. 7.6 We own copyright in all documents or work we create in the course of performing the Services but grant you a non-exclusive licence to use and copy the documents as you see fit for your own personal or commercial use. However, you may not permit any third party to copy, adapt or use the documents without our written permission. 8.1 We are obliged to protect and promote your interests to the exclusion of the interests of third parties and ourselves as set out in the Lawyers and Conveyances Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules). This may result in a situation arising where we have a conflict of interest. 8.2 We have procedures in place to identify and respond to conflicts of interest or potential conflicts of interest. If a conflict of interest arises we will advise you of this and follow the requirements and procedures set out in the Rules. This may mean we cannot act for you further in a particular matter and we may terminate our engagement.   9.1 Our duty of care is to you and not to any other person. We owe no liability to any other person, including for example any directors, shareholders, associated companies, employees or family members unless we expressly agree in writing. We do not accept any responsibility or liability whatsoever to any third parties who may be affected by our performance of the Services or who may rely on any advice we give, except as expressly agreed by us in writing.  9.2 Our advice is not to be referred to in connection with any prospectus, financial statement, or public document without our written consent. 9.3 Our advice is opinion only, based on the facts known to us and on our professional judgement, and is subject to any changes in the law after the date on which the advice is given. We are not liable for errors in, or omissions from, any information provided by third parties. 9.4 Our advice relates only to each particular matter in respect of which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters. 9.5 Unless otherwise agreed, we may communicate with you and with others by electronic means. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby.  10.2 We may terminate our retainer in any of the circumstances set out in the Rules including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions. 10.3 If our retainer is terminated you must pay us all fees, disbursements and expenses incurred up to the date of termination. 11.1 Client satisfaction is one of our primary objectives and feedback from clients is helpful to us. If you would like to comment on any aspect of the service provided by us, including how we can improve our service, please contact Nicky Mathews.  11.2 If you have any concerns or complaints about our services, please raise them as soon as possible with the person to whom they relate. They will respond to your concerns as soon as possible.   11.3 If you are not satisfied with the way we have dealt with your complaint the New Zealand Law Society has a complaints service to which you may refer the issue. You can call the 0800 number for guidance, lodge a concern or make a formal complaint. Matters may be directed to:  **Mail:** Lawyers Complaints Service, PO Box 5041, Wellington 6140, New Zealand [www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form](www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form ) [](www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/concerns-form ) [www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint](www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint ) [](www.lawsociety.org.nz/for-the-community/lawyers-complaints-service/how-to-make-a-complaint ) Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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A legally sound Will ensures your assets are distributed exactly as you wish, while an Enduring Power of Attorney (EPA) gives you control over who will make decisions about your health and finances if you ever become unable to do so yourself. We offer a comprehensive range of services to help you plan for the future, ensuring your wishes are legally sound and your loved ones are protected. Review of Wills and EPAs to reflect your life circumstances and goals. Create your Will and Enduring Powers of Attorney with confidence. Our team offers a clear, compassionate approach to help you protect your legacy and loved ones. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/relationship-property-and-contracting-out ### Title: Relationship Property & Contracting Out ### Page ID: 7257440 ### Content: # Relationship Property & Contracting Out ## Protecting What Matters ## Proactive Steps Together ## A Clear Path Forward #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) At Mathews & Associates Lawyers, we offer practical and compassionate legal advice to help you navigate relationship property matters with clarity and confidence. Our goal is to protect your interests while finding a resolution that works for everyone involved. For couples looking for certainty and peace of mind, a **contracting out agreement** is a powerful tool. We can assist you in preparing a comprehensive and legally robust agreement that reflects your specific circumstances and wishes. A contracting out agreement is a proactive step that can prevent future disputes and provide clarity for both partners. Legal Compliance: of the Property (Relationships) Act 1976, making it binding and enforceable. Reduce risk of conflict, distress and costly disputes Facing a separation or want to protect your assets? We provide expert, down-to-earth advice on relationship property and contracting out agreements to give you peace of mind. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/immigration ### Title: Immigration ### Page ID: 7257441 ### Content: # Immigration ## Expert Immigration Solutions: Your Path to a New Zealand Future ## Our Comprehensive Immigration Services ## IMMIGRATION LAW ADVICE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) ## IMMIGRATION LAW ADVICE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Navigating New Zealand's immigration system can be complex and stressful. As your dedicated Northland firm, we provide **clear, down-to-earth advice** to simplify the process, offering **timely and affordable legal guidance** at every stage of your journey. Our team, led by **Charn Tiebtienrat** who specialises in high-level immigration and tribunal work, is committed to providing expert, strategic support. Whether you are applying for a **Partnership Visa** or challenging a declined application through an **Immigration and Protection Tribunal (IPT) appeal**, we assess your history to devise the most suitable pathway for you and your family to settle or reunite in New Zealand. [**Partnership Visas**](/partnership-visas)**:** Expertly navigate applications for Visitor, Work, and Residence Visas for partners of New Zealand citizens or residents. [**Residence Appeals (IPT)**](/residence-appeal)**:** Challenge declined resident visa applications before the Immigration and Protection Tribunal (IPT) on grounds of incorrect decision or special circumstances. [**Humanitarian Appeals (IPT)**](/humanitarian-appeal)**:** File appeals based on exceptional humanitarian **circumstances** to prevent deportation and seek a Resident or Temporary Visa. [**Compliance Responses (PPI/RFI)**](/ppi-rfi-letters)**:** Prepare strategic, evidence-based responses to Immigration New Zealand's (INZ) PPI or RFI letters to resolve concerns and secure visa approvals. [**Character Waivers**](/character-waiver)**:** Submit detailed, persuasive arguments to secure a Character Waiver from INZ for applicants with past convictions or character issues. [**Ministerial Intervention (Special Directions)**](/ministerial-intervention)**:** Request the Minister of Immigration to issue a Special Direction for truly exceptional or humanitarian cases where no other pathway exists. [**Section 61 Visas**](/section-61-visas)**:** Apply to INZ to regain lawful status from within New Zealand, providing a pathway back to compliance for those who have **overstayed** their visa. We provide down-to-earth advice and dedicated support to help you through the New Zealand immigration process. Let's start your application today. We provide down-to-earth advice and dedicated support to help you through the New Zealand immigration process. Let's start your application today. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Our experienced team, including our trust law expert Carolyn McLeod, works with you to understand your family’s unique needs and goals. We take the time to explain the roles and responsibilities of trustees, the rights of beneficiaries, and how a trust can safeguard your assets from unforeseen circumstances. Whether you are looking to protect your wealth, plan for succession, or manage assets for a blended family, we provide expert, tailored advice to help you build a secure foundation for your future. From initial formation to ongoing management and complex legal matters, we offer full-spectrum support of your trust to ensure your trust is set up and operated correctly, aligning with your long-term goals. Protect your assets and secure your family's legacy with our down-to-earth advice on setting up and managing a trust. Protect your assets and secure your family's legacy with our down-to-earth advice on setting up and managing a trust. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Unlike residential conveyancing, commercial property deals involve complex factors like business structures, GST implications, and lease agreements. At Mathews & Associates Lawyers, we provide expert guidance to help you navigate these complexities with confidence. Our expertise covers all legal aspects of commercial property, providing comprehensive support to help you make sound business decisions. From first business premises to expanding your portfolio, our specialised team provides clear, expert advice to help you succeed. From first business premises to expanding your portfolio, our specialised team provides clear, expert advice to help you succeed. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Maybe your English test does not meet the required passing mark. Maybe you are a few years older than the maximum age. Maybe your relationship with your partner ends before the processing of your application is complete. In most cases, Immigration New Zealand (INZ) has limited power to approve residence visa applications if you do not meet all requirements. Even if INZ wants to grant you a visa, they typically lack the authority to do so if the necessary criteria are not met. However, a resident visa decline does not always mean the door is permanently closed. In fact, an opportunity for a residence visa appeal is open once your residence visa application is declined. Your appeal will be considered by the Immigration and Protection Tribunal (‘IPT’). Moreover, the IPT can still grant you residence, **even if you do not meet all the requirements**. The Judges and Tribunal members at the IPT have delegated powers to consider residence visa appeals. Under Section 187(4) of the Immigration Act 2009, there are two grounds for residence visa appeals. Firstly, if IPT finds that INZ’s decision to decline an application is incorrect, they can order INZ to conduct a reassessment by another officer who will have a fresh look at your application.  However, in an event where the IPT finds that INZ’s decision is correct, the IPT still has another power under section 187(4)(b) Immigration Act 2009 to recommend to the Minister of Immigration that a resident visa should be granted as an exception to instructions, due to the **‘special circumstances’** of the appellant. The Court has defined the meaning of special circumstances as follows: ‘***circumstances that are uncommon, not commonplace, out of the ordinary, abnormal***’. The requirement for ‘special circumstances’ to be established means that not all appeals to the IPT will be successful. However, past IPT decisions demonstrate that there are certain factors which they deem highly relevant when it comes to establishing whether special circumstances exist. Some of these factors are as follows: The Immigration and Protection Tribunal (IPT) will assess your familial connections. If most of your immediate family are New Zealand residents or citizens, this is generally a positive factor in your appeal. However, the IPT will also compare the strength of your family ties in New Zealand to those in your home country. The IPT will examine why you do not meet the residence requirements and whether you can meet them in the future. A 30-year-old single professional earning a median wage who falls just short of the English test score may not have a strong case for an appeal, especially if they have four years remaining on their work visa. If they work 40 hours a week, Monday through Friday, the Immigration and Protection Tribunal (IPT) may conclude that they have sufficient time on weekends to improve their English and meet the requirements in the future while their work visa is still valid. A 55-year-old bus driver from a conservative country. He works 45 hours a week on an ever-changing roster, including weekends, and has two children who have grown up and attended school in New Zealand and have never lived in a conservative country. The bus driver can communicate in everyday English but does not get a high enough score on the English test. He may have a better case because he is nearing the age limit for a new residence visa application. His unpredictable work schedule means he cannot enrol in weekend English courses to improve his English, and his work does not require a high level of written English. Additionally, his children, while not yet New Zealand residents, have stronger attachments to New Zealand than to their country of citizenship. Your chance of a successful appeal may decrease if the IPT determines you have another way to qualify for residence. **Example**: A worker with limited English, "A," worked in New Zealand for over ten years and would have qualified for the RV-2021 one-off residence visa if she was in New Zealand on September 30, 2021. Unfortunately, she had to leave New Zealand in August 2021 to care for her unwell mother. Her case is worth presenting to the IPT because her departure was due to unexpected circumstances beyond her control. Furthermore, her limited English means the RV-2021 visa is her **only** pathway to residence. The IPT considers the time you and your family have spent in New Zealand. The longer you have settled, contributed, and established connections, the more positively the IPT will view your appeal. Contributions are not limited to professional work. Your **familial contributions** to New Zealand resident or citizen family members are also very relevant. Additionally, your role as a **volunteer** or member of a social or charitable organization may also be considered. The IPT is obligated to consider the best interests of any New Zealand citizen or resident child. It's important to present how a denial of residence would affect any children in your family. You must demonstrate that granting you residence would not be contrary to the public interest. This means you should have good character and health. However, having health issues does not automatically mean your appeal will fail. Appeals have been successful when an individual can provide a specialist medical opinion that their health issues are **well-controlled** through medication. Here are a few examples of cases where appeals were successful. **TU (Rwanda) \[2025\] NZIPT 207301** The appellant, Ms. TU, is a 28-year-old mother whose residence application (partnership category) was declined because her relationship with her New Zealand citizen partner ended. However, before the relationship ended, Ms. TU had a five-year-old New Zealand citizen son with her former partner. Ms. TU has been her son's primary caregiver throughout his life. Despite their separation, the co-parenting agreement has allowed the son to maintain contact with both parents. Ms. TU also has a 10-year-old daughter from a previous relationship. Ms. TU included her daughter in her application. Since arriving in New Zealand, her daughter has been attending school, has become settled in her school environment, and has become a "big sister" to Ms. TU’s New Zealand citizen son. The Tribunal determined that the best interest of Ms. TU's New Zealand citizen son is served by having his mother and his half-sister remain in New Zealand. Ms. TU and her daughter were granted resident visas. **QO (Fiji) \[2025\] NZIPT 207074** This case involves Mr. QO, a 63-year-old father of a New Zealand citizen daughter whose residence application (parent category) was declined. This was because the combined income of Mr. QO’s daughter and son-in-law did not meet the income requirements. In 2023, Mr. QO’s son-in-law was diagnosed with an unexpected illness that left him unable to work. Mr. QO also included his wife in his application. Due to his son-in-law's illness, Mr. QO and his wife played a substantial role in his care. Mr. QO also cared for his grandson on behalf of his daughter, who became the family's primary earner as her husband was unable to work. The grandson has become very attached to Mr. QO and considers him another parental figure. The IPT found that the grandson’s best interest is served by Mr. QO’s presence in New Zealand and that the emotional support Mr. QO provides to his daughter is beneficial to her well-being. Mr. QO and his wife were granted residence. **FN (Philippines) \[2024\] NZIPT 206948** In this appeal, Mr. FN was a 54-year-old farmer. His residence application (RV 2021) was declined because an INZ medical assessor found it was likely he would require dialysis within the next five years. Mr. FN’s wife and their three children were included in the application. Mr. FN’s wife has strong familial ties to New Zealand; her parents, an aunt, three siblings, and their families are all New Zealand residents and/or citizens. The Tribunal noted Mr. FN’s approximately ten years of contributions to the New Zealand dairy industry, his wife's strong family ties to New Zealand, and the fact that the couple’s three children grew up and were educated in New Zealand during their formative years. Two of their children performed very well academically. While Mr. FN’s health was a strong negative factor, it was outweighed by the cumulative circumstances of Mr. FN and his family, especially his children, whose impressive academic achievements indicated their potential to make significant contributions to New Zealand. Mr. FN, his wife, and the couple’s three children were granted residence by the Minister. **BP (Myanmar) \[2025\] NZIPT 207143** This case involves Mr BP, a 57-year-old Buddhist monk from Myanmar whose application for a residence visa (religious worker category) was declined because he was over 55 and did not meet the English language requirements. Mr BP has been a highly respected religious leader of the Burmese community and performs his religious duties predominantly in Burmese. Mr. BP’s seven and a half years of contributions resulted in the Burmese community being able to establish a Burmese temple in their city. After the temple's establishment, Mr. BP has continued to serve as a spiritual anchor for the Burmese community, who look to him for spiritual leadership and guidance. Having considered Mr. BP’s meritorious contributions that benefit the New Zealand Burmese community, the IPT allowed the appeal. Mr. BP was granted a residence visa. When preparing for a residence appeal to the Immigration and Protection Tribunal (IPT), there are several key points to remember. You must file your appeal with the IPT within **42 days** of the date your application was declined. This is a strict deadline and appeals submitted late will not be accepted. Therefore, you should seek professional advice as soon as your application is declined. A residence appeal is primarily based on legal arguments. To present a compelling case, you must gather the strongest possible evidence to support your circumstances. A convincing appeal combines a well-researched submission, supported by legal principles, precedents, and robust evidence. If we ask you to provide medical, financial, or other evidence, please make every effort to obtain it. Although not frequent, some successful appellants have not been granted a resident visa. This is because the IPT’s authority is limited to recommending that the appellant’s special circumstances warrant consideration by the Minister of Immigration to grant residence. The Minister of Immigration has the final say and, on occasion, has decided not to grant residence despite the IPT’s recommendation. For example, in ***FP (South Africa) \[2024\] NZIPT 206976***, the Minister declined to grant residence to Mrs. FP, a high school teacher from South Africa. Her application included her husband and three children. Mrs. FP was highly valued by her students and the community; however, her second child has epilepsy. It's important to note that at the time of her appeal, none of her family members were New Zealand residents. In contrast, in a similar but successful case involving Mr. FN (see above), his wife’s mother, aunt, and three siblings were already New Zealand residents. Consequently, Mr. FN’s ties to New Zealand were considered stronger than Mrs FP’s at the time of his appeal. Considering cases like these, it may be a more practical strategy to not include family members with character or health issues in your initial residence application if they can apply separately in the future. Instead, you can simply declare them as family members without including them in the application. This approach would allow you, your partner, and your other children to have your residence approved first. Your family’s resident status can then strengthen the "familial ties to New Zealand" assessment for other family members when they apply for residence or file their own appeals in the future. If you are considering a residence appeal to the IPT or if you want to determine if an appeal is a practical strategy after your application has been declined, please contact Mathews and Associates for an initial, no-obligation, and confidential consultation. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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When your visa expires, Immigration New Zealand (INZ) will inform you that you are considered "unlawful" and not entitled to remain. If your visa has already expired and INZ declines your new application while you are in New Zealand, you will be told to leave the country immediately. The decline letter from INZ will also inform you that you have the right to file a humanitarian appeal with the **Immigration and Protection Tribunal (IPT)**. What INZ won't tell you, however, is that if your appeal is successful, the IPT has the authority under section 210 of the Immigration Act 2009 to grant you a temporary visa for up to 12 months, **or even** **a resident visa.** While a successful humanitarian appeal can lead to a resident visa, not every appeal will be successful. According to section 207 of the Immigration Act 2009, three main requirements must be met for an appeal to be allowed: The New Zealand Supreme Court has clarified that "exceptional humanitarian circumstances" do not have to be extremely rare, but they must be "well outside the normal run of circumstances and truly an exception rather than the rule." Similarly, to be considered "unjust or unduly harsh," the hardship faced upon deportation must be more than a "generic concern" and "beyond the level of harshness that must be regarded as acceptable." For instance, the fact that you will be separated from your family is not enough on its own. Similarly, a significant drop in income upon returning to your home country may not be considered "unduly harsh" by itself. However, if a father in New Zealand has a citizen child who is financially dependent on him, and the child's mother is unable to provide adequate support, his case may be considered differently. Past IPT decisions show that the Tribunal considers various factors when determining if exceptional humanitarian circumstances exist and if deportation would be unjust or unduly harsh. Some of these factors include: The IPT will examine the appellant's family ties in New Zealand versus those in their home country. Having most of your immediate family members as New Zealand residents or citizens living in New Zealand is generally a positive factor. The contributions an appellant has made to New Zealand are not limited to professional skills or work. **Familial contributions** to New Zealand citizen or resident family members, as well as contributions to the local **community**, are also considered relevant. The IPT will look at the reasons why an individual became liable for deportation. It will assess the appellant's conduct and whether circumstances outside of their control led to their unlawful status. The IPT will assess whether an appellant's character or health would make their continued presence in New Zealand contrary to the public interest. A clean criminal history is typically sufficient to address character concerns. Regarding health, an acceptable standard of health on a medical test is usually adequate. However, appeals by individuals with chronic illnesses are not always unsuccessful. They can provide evidence that their conditions are manageable with effective treatment. In some cases, appellants who are no longer able to live independently may succeed if their dependency demonstrates that deportation would be "unduly harsh." Your chances of a successful appeal may decrease if the IPT finds that you have another pathway to residence or another way to remain in New Zealand. The length of time an appellant has lived in New Zealand is a key factor. The longer a person has been settled, contributed, and established connections, the more likely the IPT will find they have integrated into the community. The IPT is obligated to consider the **best interests of any New Zealand citizen or resident child** as an important factor. A crucial question is whether any child would benefit from the appellant's presence in New Zealand. The Tribunal will consider the consequences for the appellant if they are deported. This includes whether they would be able to care for themselves in their home country. The Tribunal will also look at whether any children or other individuals in New Zealand depend on the appellant for care or financial support, and what would happen to these individuals if the appellant were no longer in New Zealand. Here are some examples of successful humanitarian appeals that resulted in a grant of a resident visa. This appeal involved **Mr. CX**, an 87-year-old widower from the Philippines who arrived in New Zealand on a visitor visa. Two of his daughters are New Zealand citizens. Mr. CX lived with his younger, widowed daughter, providing companionship and emotional support. During his time in New Zealand, he also frequently visited his elder daughter's family and developed a close bond with his two grandsons, whose learning disabilities resulted in them having very few friends. As a grandfather, Mr. CX loved both of his grandsons unconditionally despite their vulnerabilities, and his grandsons regarded him as an "irreplaceable true friend." Mr. CX's application to extend his visitor visa was declined, making him unlawful. However, the Tribunal found that his role as an irreplaceable companion to his vulnerable grandsons and the emotional benefit his daughters gained from his presence constituted **exceptional humanitarian circumstances**. As a result, his appeal was successful, and he was granted a resident visa. This appeal concerned **Ms. ED**, a woman in her mid-20s from South Africa who had been a work visa holder. She had to resign from her job because she was unable to handle the fast-paced demands of her role due to a diagnosis of Fetal Alcohol Spectrum Disorder (FASD). While unable to perform highly skilled work, she could manage a low-skilled, slower-paced job and support herself. However, her resignation led to the loss of her work visa, making her unlawful. Ms. ED's father had passed away, and her mother in South Africa suffered from depression and was unable to care for her. Ms. ED had also been a victim of a serious criminal offense in South Africa that left her traumatized. Her two siblings had immigrated to New Zealand, and one had become a resident. Ms. ED lived with her New Zealand resident sibling, who provided her with support and care. The Tribunal found her strong bond to her sibling, her vulnerabilities, and her need for ongoing support to be **exceptional humanitarian circumstances**. Her appeal was successful, and she was granted a resident visa. In this appeal, **Mrs. AQ**, an 83-year-old widowed mother from the UK, was granted a resident visa. Her daughter, a New Zealand citizen, was her only remaining blood relative. When Mrs. AQ's health deteriorated, her daughter brought her to New Zealand, where she modified her home to care for her mother. Mrs. AQ was later diagnosed with dementia and deemed unfit to fly. Mrs. AQ had entered New Zealand on a visitor visa but became unlawful after it expired. She lodged a humanitarian appeal. The Tribunal found that her inability to live independently and her lack of immediate family in the UK were **exceptional humanitarian circumstances** that would make deportation unduly harsh. The Tribunal also noted that her considerable assets would make her ineligible for a residential care subsidy, thus reducing the likelihood of her being a burden on New Zealand taxpayers. Her appeal was allowed, and she was granted a resident visa. When preparing a humanitarian appeal, there are several key points to consider. There is a strict timeframe for lodging a humanitarian appeal, which varies depending on your specific circumstances. For example, individuals whose visas have expired in New Zealand typically have **42 days** from the expiry date to lodge an appeal. However, other cases may have a shorter timeframe, such as **10 or 28 days**. If your appeal is filed after the deadline, it will not be accepted. Therefore, you should seek professional advice immediately if you intend to file an appeal. Humanitarian appeals are typically presented through written submissions. It is crucial to compile the **strongest possible evidence** to support your case. A convincing appeal relies on a well-researched and comprehensive submission backed by credible and verifiable evidence. If you are asked to obtain medical, financial, or any other type of evidence, you should make every effort to secure it. Residence may not be granted, despite finding of exceptional circumstances Even when an appeal is successful, not all appellants are granted resident visas. The Immigration and Protection Tribunal (IPT) can issue either a resident visa or a temporary visa of up to 12 months. Temporary visas are typically granted when the appellant's reason for remaining in New Zealand is not permanent. For example, in ***AW (Thailand) \[2025\] NZIPT 506744-745***, Mr. and Mrs. AW, who had overstayed their visitor visas, were granted 12-month work visas. Mr. AW's mother, a New Zealand citizen with terminal cancer, was his only family here. Since his connection to New Zealand would end with his mother's passing, the IPT decided that a temporary visa was sufficient, reflecting the non-permanent nature of his humanitarian appeal. Similarly, in ***EW (Tonga) \[2025\] NZIPT 506675-6***, the Tribunal granted temporary visas to the EW family—12-month open work visas for the parents and student visas for their children. The family became unlawful after Mr. EW's employer withdrew his sponsorship. The family needed to earn money to rebuild their house in Tonga, which had been destroyed by a volcanic eruption. The Tribunal's decision was based on the fact that Mr. EW had a clear pathway to secure his own immigration status. His work experience as a prison officer in Tonga made him eligible to apply for a job as a corrections officer in New Zealand. The temporary visa provided him and his family enough time to find employment and pursue a long-term visa on their own. In cases involving individuals who have been issued with a deportation liability notice, the IPT may only cancel a deportation liability without issuing any new visa, especially if the individual's existing visa rights are still valid and they have a clear path to pursue further visas or residence on their own.  If your humanitarian appeal is unsuccessful, it will be difficult to obtain future temporary visas. This is because a humanitarian appeal can only be lodged after you become liable for deportation, and this part of your immigration history may negatively affect your eligibility for future visa applications. Therefore, a decision to file a humanitarian appeal should not be taken lightly. It should only be pursued when truly compelling circumstances exist and there is no other viable way for you to remain in New Zealand. If you have compelling circumstances but have missed the deadline for filing a humanitarian appeal, you might still have an option. Depending on how you became liable for deportation, you may be able to request a visa under **Section 61 of the Immigration Act**. In some humanitarian cases, Immigration New Zealand (INZ) has granted one-day visas for the specific purpose of allowing an individual to lodge a humanitarian appeal within 42 days of their visa's expiry. If you have been unlawful for more than 42 days, please contact us to discuss your situation. For an initial no-obligation and confidential consultation regarding a humanitarian appeal, please contact Mathews and Associates. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - **Exceptional humanitarian circumstances** must exist. - It would be **unjust or unduly harsh** to deport the appellant. - Allowing the appellant to remain in New Zealand would **not be contrary to public interest**. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/immigration-work-partnership-visas ### Title: Immigration Work - Partnership Visas ### Page ID: 7932124 ### Content: # Partnership Visas ## PARTNERSHIP VISAS ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070)  **"The Myth of the 'Easy' Partnership Visa: Why the Process is Far More Complex than People Assume"** Securing a partnership visa in New Zealand, even when you're in a genuine relationship with a citizen or resident, is often more complex than people expect. Simply having a marriage certificate does not guarantee a resident visa. Many applicants underestimate the process, which can lead to mistakes and visa declines. A common mistake is being careless with important dates. People’s memories can be fallible, and applicants often struggle to pinpoint the exact date their relationship changes from a ‘dating stage’ to a serious relationship. Moreover, even small discrepancies can lead Immigration New Zealand (INZ) to question their credibility. Unfortunately, many people also do not know what specific evidence INZ requires for different types of partnership visas, leading them to submit unsuitable applications. Additionally, any inaccurate statements, even simple oversights, can become a serious issue. While you can submit a visa application yourself, it is crucial to present it professionally with the correct supporting evidence. Hiring experienced professionals is often a worthwhile expense. Upon reviewing your documents, we can assess your situation, evaluate your current evidence, and determine the most appropriate visa for your circumstances. Residence visa applications require the most evidence, while work and visitor visa applications require less. The first partnership visa you apply for is usually the most difficult because INZ has no prior information about your relationship and will thoroughly assess your evidence. For this reason, it is common for partners of New Zealanders to start with a work or visitor visa before applying for a residence visa. When applying for a New Zealand partnership visa, choosing the right visa type is crucial. The three main options—Visitor, Work, and Residence—are suited for different circumstances and relationship stages. This visa is suitable for couples in a genuine and stable relationship who have only lived together for a limited time. A common scenario is when a relationship begins and develops online. After months of online communication, the New Zealand partner travels to the other's country to live together for a few months. When the New Zealand partner returns home due to work or family commitments, the relationship has strengthened, but it is still relatively new. In this case, a partnership residence visa would be premature, and a partnership visitor visa is a more practical option. Partnership visitor visas are also ideal for individuals from countries where it is difficult to obtain evidence of living together. Many countries are cash-based and lack reliable postal services, making it challenging for couples to prove they have lived together, even if they have children. Therefore, starting with a partnership visitor visa is the most practical option when a couple is in a genuine relationship but has limited evidence of living together. In some cases, if Immigration New Zealand (INZ) is satisfied that the relationship is genuine and stable but the living together requirement is not fully met, they may grant a general visitor visa for the purpose of family visit as an exception to instructions (‘ETI’). This allows the applicant to come to New Zealand, spend time with their partner, and collect the necessary evidence for a future partnership visa application. This visa is suitable for couples who are living together in countries where it is easier to obtain **living together evidence**. It's also a great option for partners of New Zealanders who are already in the country. A common scenario is when a person arrives in New Zealand on a work visa, meets a New Zealand citizen, and they begin a committed relationship. After moving in together, a residence visa may be premature, and a partnership work visa becomes a more practical option. Similarly, it's a good choice for someone already in New Zealand on a partnership visitor visa who wants to apply for a new partnership visa. To be approved, couples must prove they have been living together in a genuine and stable relationship. We would be able to assist you in compiling relevant evidence that you have been living with your partner.  Firstly, it must be noted that partnership residence visas can only be approved if you and your New Zealand citizen/resident partner have already lived together for **12 months or more** on the day you lodge your application. Immigration New Zealand (INZ) will conduct a comprehensive assessment of both your relationship and your character. Many couples choose to apply for a temporary **Partnership Visitor** or **Work Visa** before a **Residence Visa** because it establishes a track record with INZ. If a prior temporary partnership visa was approved, INZ has already determined the relationship is genuine and stable. This makes the subsequent residence application more straightforward, as you mainly need to prove the relationship is ongoing and the 12-month living together requirement has been met. If you have not previously applied for a partnership visa, a residence visa is most suitable for couples who have been in a long-term relationship, have joint assets, or have children together. In other cases, it is more practical to start with a work or visitor visa unless there is a high probability that your temporary visa application would be declined. For example, a partnership work or visitor visa may be declined if you have a history of overstaying. This is because INZ must be satisfied that you are a genuine temporary visa holder who will leave the country when your visa expires. **This risk does not apply to a residence visa**, which allows you to live in New Zealand indefinitely and does not expire as long as you remain in the country. For applicants with a history of overstaying, a partnership residence application may be the only viable option. This is because INZ cannot decline a residence application based on your history of overstaying if your relationship is found to be genuine and stable. However, be prepared for a thorough and rigorous assessment of your relationship. When you have lived together with a New Zealand citizen/resident partner for more than five years **outside New Zealand**, they can apply for a **permanent residence visa** under the 'expat' category. This option is suitable for couples who are not ready to move to New Zealand yet due to professional commitments but intend to immigrate in the future. Having permanent residence in place means you can choose to move here permanently at any time. While you could apply for residence later, it is more practical to secure it now. This is because health issues become more likely with age, and a future application could be declined due to unforeseen health problems. It is best to apply while you are healthy and eligible, rather than risking a future decline. There are several factors that could complicate your partnership visa application. **Your partner's past relationships:** If your partner has sponsored or been sponsored for a partnership visa before, it can affect your application. In some cases, your partner may still be eligible to sponsor you despite a previous relationship. **Your partner's criminal history:** If your partner has a criminal history or a pending court case, you may need to request a character waiver. **Your previous visa application was declined:** If your prior application was unsuccessful due to inconsistencies in the information you provided, it may be possible to correct the record. We can assist by contacting the authorities to have the information corrected before submitting a new application. We will also help you prepare a strong application with solid evidence to maximize your chances of success. For an initial, no-obligation consultation about your future partnership application, contact Mathews and Associates. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Then, you receive a letter from INZ. However, instead of a visa grant, the letter states: The letter concludes by stating that if you do not respond by the due date, INZ will make a decision based on the information they currently have, and it is unlikely a visa will be granted. What you have received is either a **Request for Further Information (RFI)** or a **Potentially Prejudicial Information (PPI)** letter. An RFI can be a simple request for documents, while a PPI letter raises more serious concerns. These concerns might be about you, your partner, or your employer. First, understand that INZ has **not yet declined your application**. However, they are not satisfied with certain aspects of it, and there is a real possibility of a decline if you fail to respond or if your response does not mitigate their concerns. In some cases, it may be better to start a new application rather than respond. For example, if a job check application is based on an expired job advertisement that is found to have an unacceptably low salary, there is nothing to be done. It would be more practical to withdraw the application and re-submit a new one after a proper market test. However, in many cases, you must respond. For example, if INZ has character concerns about you, these issues will continue to affect all future applications unless you provide a compelling response and evidence to address them. In such situations, you should seek professional advice if you are unsure how to proceed. If you choose to have us respond on your behalf, we will: Below are **anonymized and generalized examples** illustrating the types of complex issues we have successfully addressed through detailed RFI/PPI responses. We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **1\. Residence Visa: Successfully Addressing Health Concerns** **The Issue:** A client applying for a residence visa failed to meet the health requirements due to a significant past medical condition (e.g., a serious heart or organ condition). INZ issued a letter raising concerns that the condition could require extensive treatment within the next five years, potentially imposing significant costs on New Zealand's health services. The client was asked to apply for a medical waiver. **Our Response Strategy:** We did not simply argue for a waiver based on emotional circumstances. Instead, we performed a thorough review of the client's current health status, working with their specialist to provide current evidence. This included: **The Outcome:** INZ accepted that the client's well-maintained health and supporting evidence significantly mitigated the concern, granting the medical waiver and approving the residence visa. **Example 2: Residence Visa - Clarifying Family Composition** **2\. Residence Visa: Clarifying Family Composition and Past Applications** **The Issue:** A client applying for residence as a dependent child received a PPI letter. INZ believed the client was ineligible because they had not been declared on a previous residence registration or application form submitted by one of their parents years prior. The core concern was one of non-disclosure or potential misrepresentation of the complete family unit. **Our Response Strategy:** This required a highly detailed review of the **specific immigration forms** used in the previous application. We identified a critical detail—the person who completed the previous form (the principal applicant) was not the client's legal parent. We successfully argued that: **The Outcome:** By correcting INZ's interpretation of the previous application, we mitigated the non-disclosure concern, and the client's residence application was approved. **3\. Student Visa: Successfully Addressing 'Purpose of Entry' Concerns** **The Issue:** A client entered New Zealand on a visitor visa, shortly after which they applied for a student visa. INZ issued a PPI letter suggesting the client had withheld material information by not disclosing their intent to study before they arrived, thus questioning the client's credibility and the true purpose of their visitor visa entry. INZ also questioned other stated intentions from the visitor visa application (e.g., travel plans). **Our Response Strategy:** We established a clear, well-evidenced **timeline of events** to demonstrate a genuine, non-premeditated change of circumstances: **The Outcome:** INZ was satisfied that the client had not withheld material information and that the decision to study was genuinely formed only after arrival, leading to the grant of the student visa. Contact Mathews & Associates if you have received a RFI/PPI letter for an initial, no-obligation, and confidential consultation. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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"*We would like to request the following further information and/or explanations...*" - Review the issues raised by INZ. - Interview you to gain a full understanding of your situation. - Review your immigration file if possible. - Work with you to gather the strongest evidence and draft a comprehensive response to address INZ’s concerns. - Submitting **recent, specialist medical reports** demonstrating the condition was well-managed through current treatment, diet, and/or lifestyle changes. - Providing a **clear prognosis** from the specialist confirming the likelihood of major surgery or extensive future public healthcare use was significantly reduced due to the client's excellent adherence to a maintenance plan. - Highlighting compelling **mitigating factors** relating to the client's establishment and strong ties to New Zealand that outweighed the residual health risk. - The instructions on the previous form only required the listing of **the principal applicant's** dependent children, and not those of a secondary applicant (the client's parent). - The information was therefore **correctly provided** as per the form's instructions at the time, and the client was eligible to apply for residence in their own right. - We clarified the difference between a conditional offer (received before arrival, which is not an entitlement to study) and the unconditional acceptance (received only *after* entry to New Zealand). - We argued that a client cannot form a concrete, actionable intent to study until they have the unconditional acceptance that guarantees their ability to enrol. - We provided evidence that the client had fulfilled the genuine and primary purpose stated on their visitor visa (e.g., visiting a friend/family member) and clarified any minor changes in secondary travel plans. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/immigration-work-special-direction ### Title: Immigration Work - Special Direction ### Page ID: 7932328 ### Content: # Ministerial Intervention ## SPECIAL DIRECTION: SECURING YOUR FUTURE WHEN ALL OTHER VISA PATHWAYS ARE LOST ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) **Special Direction – Ministerial Intervention in Exceptional Cases**  Have unexpected circumstances left you without a pathway to remain in New Zealand? Section 378(1) of the Immigration Act 2009 gives the Minister of Immigration the power to issue a "special direction." This allows the Minister to grant a visa, waive requirements, or remove a deportation order for a person or group of people. This power has been delegated to the Associate Minister of Immigration and a team of delegated decision-makers (DDM). It is important to understand that a request for a special direction is a last resort. The Minister has **absolute discretion**, and there is no guarantee that your request will be accepted or considered, even if your circumstances are compelling. The Minister's willingness to intervene can also change with a change in government. Since every Minister is different, a case that one Minister might have intervened in may not receive the same consideration from a new Minister. Therefore, we only accept instructions for special direction in cases with truly compelling circumstances. If another pathway to residence or a visa is available, you should pursue that option first. Special Direction vs. IPT Appeal. Which one is more practical for your circumstances? The **Immigration and Protection Tribunal (IPT)** is another avenue for considering residence and humanitarian appeals. Unlike a special direction request, the IPT is obligated to consider your appeal and apply relevant legal principles to your case. For many with "special" or "exceptionally humanitarian" circumstances, an IPT appeal may be a more practical option. During our initial consultation, we can help you determine the best path forward. However, in certain situations, an IPT appeal is not an option. For example, if a principal applicant for residence dies, their family members cannot lodge a residence appeal with the IPT because they are not the principal applicants. In such a case, a request for a special direction is the only appropriate course of action, particularly when the circumstances are both exceptional and humanitarian. While there are no clear legal principles for a compelling special direction, as the Minister has "absolute discretion" to intervene or not, there are certain guidelines the Minister and the Delegated Decision Makers (‘DDM’) will consider. The team preparing the brief will thoroughly analyse your immigration history, including how you entered New Zealand and what visas you currently or previously held. Your request will likely be denied if you have not yet tested your eligibility. For example, if you have the qualifications and work experience for a visa but have not yet applied for a job in New Zealand, the Minister's office will likely advise you to first try applying for jobs and test your eligibility that way. The brief will outline your family members in New Zealand, their immigration status (e.g., citizens or residents), their occupations, and their circumstances. However, a lack of family ties does not necessarily mean the Minister will not intervene, as demonstrated by successful cases below where the circumstances were exceptionally humanitarian. Your contributions, both past and present, are highly relevant. It is important to outline the contributions you have made and the potential you will make to New Zealand if you are allowed to remain. These contributions are not limited to professional work or skills; familial contributions to New Zealand citizen or resident family members are also considered. It is crucial to explain the circumstances that led you to seek Ministerial intervention. The brief will need to address what went wrong, whether an unfortunate and unexpected event occurred that caused you to lose your pathway to a visa, and whether the circumstances are special, exceptional, or humanitarian. Your fault in the situation will also be examined. The team will inform the Minister about your character and health. If your visa pathway is through a New Zealand partner, the brief may also include information about your partner's character. It's unlikely the Minister will intervene if there's another way to resolve your immigration status. For instance, if you're living with a New Zealand citizen but have become unlawful, you should try to legalize your status by requesting for a visa under **Section 61**. In this scenario, you should not write to the Minister asking for a special direction. However, if you've been served with a **deportation liability notice**, the Section 61 team cannot consider your case. In this situation, requesting a special direction may be your only way to resolve your immigration status. A key point to include is whether any children would benefit from your presence in New Zealand and how they would be affected if you are unable to remain. You should explain what would happen to your family members in New Zealand if you cannot remain. If your contributions are professional, you should explain whether you are difficult to replace and if your employer or community would be able to find a suitable replacement. Below are **anonymised and generalized examples** illustrating the types of truly compelling, exceptional circumstances that have successfully resulted in Ministerial Intervention. We have significantly altered specific identifying facts to protect client confidentiality while retaining the core legal and humanitarian challenges. **Example 1: Intervention Due to Tragedy Affecting Eligibility** **The Issue:** An immediate family member was applying for residence as a secondary applicant (e.g., a spouse or dependent child). Their primary pathway was abruptly lost when the principal applicant passed away unexpectedly before the visa could be granted. As a secondary applicant, they had no standing to lodge an appeal with the IPT, and their temporary visa pathway was severed. **Compelling Grounds:** The family was well-settled in New Zealand, with the surviving spouse working and contributing to the economy, and the child excelling in school. The loss of the principal applicant was a tragic, unexpected event that created an exceptional humanitarian predicament entirely outside the family’s control. **The Outcome:** The submission focused on the humanitarian necessity to allow the family to remain established. The Associate Minister’s office exercised discretion to allow the residence application to proceed or be approved for the surviving family members as an exception to standard instructions, acknowledging their strong ties and contributions. **Example 2: Intervention Due to Unforeseen Life-Altering Event** **2\. Intervention for Loss of Pathway and Extreme Uncertainty** **The Issue:** A family came to New Zealand for the principal applicant to pursue a pathway (e.g., study or work), intending to lead to residence. Due to a sudden, life-altering event involving the principal applicant shortly before the final visa stage, the entire family lost their ability to meet the requirements for the next visa, leaving them in a state of extreme uncertainty and potential deportation. **Compelling Grounds:** The surviving spouse was gainfully employed and demonstrated excellent settlement (strong employer references). The dependent child was highly integrated into the local school system. The representative argued that the family should not be penalized for an unforeseen, catastrophic event that was entirely outside their control, emphasizing their valuable established ties and positive contributions. **The Outcome:** The Associate Minister issued a special direction permitting the surviving spouse and child to apply for residence as an exception, recognizing the humanitarian weight of the family's situation and their proven ability to contribute to New Zealand. **Example 3: Intervention to Waive Requirements for Meritorious Contribution** **3\. Intervention to Waive Technical Requirements for Meritorious Contribution** **The Issue:** A key member of an ethnic or community group (e.g., a religious or cultural leader) lost their eligibility for residence due to two technical requirements: age and English language skills. This loss of eligibility was directly linked to the individual's altruistic service to the community during a period of crisis, which prevented them from focusing on their English language studies before exceeding the maximum age limit for the category. **Compelling Grounds:** The submission highlighted the client's meritorious contributions to the community, arguing that their service outweighed the technical inability to meet the instructions. It was explained that the client's duties were performed in their native language and that their value to the community was not diminished by their limited English or age. **The Outcome:** The Minister accepted the argument that the client's actions created an exceptional circumstance. A special direction was granted to waive both the age and English language requirements, enabling the residence application to be approved based on the client's significant and continuing contributions to New Zealand. The above successful cases illustrate that special direction request is not an appropriate strategy for every client. There should be something special about your case in some ways. There must be a clear explanation as to why you have lost pathway to remain, and why the Minister should exercise his/her intervention in your case. Contact Mathews & Associates for an initial, no-obligation consultation for us to evaluate your circumstances whether you may have a compelling case for Ministerial Intervention. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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When a visa expires, you can't submit a new application from within the country. While you could leave and apply from overseas, this is not always practical due to travel expenses. Being unlawful is a serious issue. Any time spent in New Zealand without a valid visa can negatively affect future visa applications. If you have not mitigated INZ’s concern about your unlawful immigration history before you depart and then apply for a visa while you are overseas, it can complicate your ability to resolve the situation. This is because INZ can decline any visa application submitted from outside New Zealand without giving an applicant an opportunity to respond to any concerns they may have.  A Section 61 request provides a pathway to regain lawful status from within New Zealand. This provision gives Immigration New Zealand (INZ) the power to grant any type of visa to an unlawful person, as long as they did not enter on a limited visa and have not been served with a deportation order. A Section 61 request is not a standard visa application. There are no fixed criteria or requirements to meet. The decision is at INZ's **absolute discretion**. They can refuse to consider your request and are not obligated to provide a reason. While INZ doesn't have to consider your request, in practice, they do review most of them. The discretionary nature of a Section 61 request means that you need to submit a detailed and compelling argument explaining why you became unlawful and why you should be granted a new visa. When considering a Section 61 request, Immigration New Zealand (INZ) examines several factors. INZ will review your immigration history. Have you been unlawful before? Have you been compliant with past visa conditions? The faster you act to resolve your unlawful status, the more likely INZ will view you as compliant. This is a critical part of your request. INZ will look at the circumstances that led to you becoming unlawful. You will have a stronger case if you can show: How you present your story is also extremely important. INZ relies on you to provide a comprehensible story with strong evidence to support your case. It is not unusual for individuals with compelling circumstances who attempt to make the request themselves to have it refused simply because it was not well-presented. If your first s61 request is unsuccessful, a second one becomes more difficult because you have now been informed of your unlawful status and have chosen to remain. Therefore, it is crucial that your initial s61 request is as strong as possible. If you intend to reside in New Zealand long-term and need to make future applications, hiring a professional to represent you is almost always a worthwhile expense. If you have been unlawful for a significant amount of time, such as more than a year, the situation is more complex. In such cases, it is highly recommended that you seek professional assistance for a s61 request to be made on your behalf. INZ will consider whether you became unlawful due to circumstances outside of your control. Be prepared to explain why you needed to remain in New Zealand, when you realized your status had lapsed, and what you have done to rectify it. You should also explain why you were unable to leave New Zealand to apply for a new visa from overseas. You will need to provide a detailed explanation of your current situation, including who you live with and your relationship to them. Having strong familial ties to New Zealand, especially with immediate family members who are residents or citizens, is generally a positive factor. This includes partners, as many who have become unlawful have successfully obtained Section 61 visas by demonstrating a genuine and stable relationship with a New Zealand citizen or resident partner. This is another important factor. Having a clear pathway to residency is usually a positive factor for a Section 61 request. This can include a direct pathway to a resident visa or even a strong case for a humanitarian or residence appeal to the Immigration and Protection Tribunal (IPT). INZ has been known to grant one-day visas under Section 61 to individuals with compelling circumstances to allow them to lodge an appeal. You should outline your past, present, and potential future contributions to New Zealand. These contributions are not limited to professional work; they also include familial contributions to New Zealand citizen or resident family members. INZ will assess your character and medical history. If your visa pathway is through your New Zealand partner, their character may also be assessed. Below are **anonymized and generalized examples** illustrating the strategic use of Section 61 to successfully mitigate unlawful status and create a pathway to a substantive visa. These cases demonstrate how compelling circumstances, combined with a well-presented argument, led to the exercise of INZ's discretion. We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **Example 1: Mitigating Unlawful Status to Pursue Partnership** **The Issue:** A young person became unlawful after the expiration of their temporary visa due to unforeseen abandonment by their family, leaving them unable to leave New Zealand or regularize their status. Despite their unlawful status, they had since formed a genuine and stable relationship with a New Zealand resident partner. **The Strategy:** The representative submitted a detailed s61 request. The argument focused on: **The Outcome:** INZ exercised discretion, granting a temporary visa under s61. This successfully allowed the client to regularize their status and be granted a substantive Partnership Visa, leading to a long-term pathway to residence. **Example 2: Utilizing Section 61 to Access Appeal Rights (IPT)** **2\. Utilizing Section 61 to Enable a Residence Appeal** **The Issue:** A dependent child, whose unique circumstances (e.g., complex adoption or dependency) were not accepted by INZ under standard residence instructions, was denied a student visa and became unlawful. The representative believed the client had a strong case for a residence appeal before the Immigration and Protection Tribunal (IPT). However, the client needed a current visa to be able to access domestic student fees and to properly prepare the appeal. **The Strategy:** A s61 request was made for a dependent child visa, specifically arguing that the client's best interests and access to education should not be denied while the core issue of their right to reside was being tested via the IPT. **The Outcome:** INZ granted a longer-term s61 visa (e.g., one year). This highly strategic intervention allowed the client to become a lawful domestic student and pursue a residence appeal on humanitarian or special grounds at the IPT. **Example 3: Utilizing Section 61 for Humanitarian Appeal Window** **3\. Utilizing Section 61 for Critical Humanitarian Appeal** **The Issue:** An elderly parent of a New Zealand citizen became unlawful due to an unexpected family crisis (e.g., the NZ citizen sponsor becoming seriously ill), which prevented the family from filing the visa renewal in time. The parent had developed significant health issues while in New Zealand, making it impossible for them to return to their home country to live alone. The only remaining pathway was a humanitarian appeal to the IPT, but the 42-day window for lodging the appeal had expired. **The Strategy:** A s61 request was submitted for a "one-day visa". The argument focused on: **The Outcome:** Recognizing the extreme humanitarian need and the clear pathway to resolution, INZ exercised discretion and granted the minimal, highly strategic one-day s61 visa, allowing the client to lawfully lodge their appeal, which was later successful. Contact Mathews & Associates for an initial, no-obligation consultation if you would like to make a request for a visa under s61.  The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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**Establishing Strong Ties:** Highlighting the new relationship, cohabitation, and support from the New Zealand partner's family. - **Clear Pathway:** Requesting a short-term s61 visitor visa specifically to allow the client to meet the onshore requirements and subsequently apply for a Partnership Visa. - The exceptional humanitarian circumstances (elderly, significant health issues, sole family support in NZ). - The clear, immediate purpose of the s61 visa: to regularize status for one day specifically to allow the client to legally lodge a residence/humanitarian appeal with the IPT. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/immigration-work-character-waiver ### Title: Immigration Work - Character Waiver ### Page ID: 7933680 ### Content: # Character Waiver ## THE CHARACTER WAIVER: YOUR PATH FOR VISA APPROVAL DESPITE PAST ## CONVICTION AND/OR PREVIOUS CHARACTER ISSUES ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) **Character Issues in Visa Applications – What to Do?** Facing a **Potentially Prejudicial Information (PPI) letter** from Immigration New Zealand (INZ) can be alarming. This letter indicates that INZ believes you may not meet the character requirements for a visa, often due to a criminal conviction or a finding of providing false or misleading information. In both situations, seeking advice from an **experienced immigration professional** is highly recommended. This expense is often worthwhile, as professional guidance can help prevent errors in your application or decisions that negatively affect your immigration status. It's crucial to understand that INZ's definitions of terms like 'application,' 'conviction,' or 'sentenced to imprisonment' can be different from common usage. Even a fine-only sentence can create a criminal record that seriously impacts future visa applications. INZ has the authority to decline visas in certain circumstances, which include, but are not limited to: It is not uncommon for applicants who believe they meet all requirements to receive PPI letters regarding false or misleading information. Often, these individuals did not intend to mislead but failed to explain their circumstances clearly enough for INZ to fully understand the situation. Even if you've reached the point of receiving a Potentially Prejudicial Information (PPI) letter, all is **not lost**. In most cases, you can request that Immigration New Zealand (INZ) grant you a **character waiver**. This is not a simple request; it requires a **well-reasoned and detailed submission**. An effective character waiver submission must thoroughly address several key areas: Since a criminal record or a finding of false/misleading information suggests a lack of good character, it's crucial to give a detailed account of the circumstances. You must explain how and why the incident occurred, including any relevant setting or mitigating factors, so INZ can fully understand the situation. You should provide evidence that positive changes have occurred since the conviction. This helps INZ assess whether granting you a waiver would be contrary to the public interest. This is your opportunity to outline the benefits you offer to New Zealand. Having immediate family members who are New Zealand citizens or residents is generally a positive factor in your character waiver request. However, a lack of family ties here does not automatically mean your character waiver request will not be granted. If you have a serious character issue, such as a criminal conviction or a finding of false/misleading information, you are generally **ineligible for a visa** unless a character waiver is granted. For many, the ability to work or reside with family in New Zealand is vital. Engaging with immigration professionals is highly beneficial because: If you instruct us to submit an application which requires a character waiver, we would: Below are **anonymized and generalized examples** illustrating complex character issues that we have successfully navigated by securing a character waiver from INZ. These cases demonstrate the essential elements of a compelling submission: **clear explanation, evidence of change, and demonstrated contribution.** We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **Example 1: Historical Non-Disclosure Due to Technicality** **The Issue:** A client applying for residence was questioned about the non-disclosure of minor, decades-old criminal convictions from their home country in a previous NZ visa application. INZ became aware of the convictions via a police certificate required for the residence visa and issued a PPI letter, alleging the client had provided false or misleading information. **The Strategy:** The submission established that the non-disclosure was not intentional but was a result of a legal technicality or change in the law in the client's home country which caused the conviction to reappear on a police check after many years. We successfully argued that: **The Outcome:** The combination of proving lack of intent to deceive and demonstrating a clean and contributory life led INZ to grant the character waiver, and the residence visa was approved. **Example 2: Misunderstanding and Non-Disclosure of a Fine-Only Conviction** **2\. Character Waiver for Misunderstanding of 'Conviction'** **The Issue:** A client applying for a work visa was issued a PPI letter concerning a non-disclosure of a prior New Zealand conviction (e.g., drink-driving). The client had only received a fine and believed they were never 'convicted' since they did not receive a prison sentence. Additionally, INZ raised a related concern regarding the employer's initial non-disclosure of an intent to sponsor a family member. **The Strategy:** We submitted a comprehensive character waiver request addressing the dual concerns: **The Outcome:** INZ accepted the explanation of genuine misunderstanding and the evidence of rehabilitation, granting the character waiver. The client was issued a substantive work visa. **Example 3: Misrepresentation of Employment Type Leading to Integrity Concerns** **3\. Character Waiver for Misstating Employment Details** **The Issue:** A skilled tradesperson applying for residence received a PPI letter alleging they had provided false or misleading information regarding their work experience. The client had claimed a full-time employment history but had mistakenly used the term **'was employed'** when they were actually **self-employed** with additional sporadic contract work. This misstatement led to INZ receiving conflicting information during verification. **The Strategy:** We prepared a detailed submission that required extensive evidence to correct the record and prove the client's integrity. The key arguments were: **The Outcome:** The comprehensive explanation successfully addressed INZ's concerns regarding the client's integrity. The character waiver was granted, and the client's residence application was approved. **Example 4: Character Waiver for Conviction Under Questionable Circumstances** **4\. Character Waiver for Historical Conviction Involving Imprisonment (Suspended Sentence)** **The Issue:** A client applying for a work visa was rendered ineligible due to a single, historical conviction in their home country for a serious offense (e.g., a drug-related charge). Although the client did not serve time and received only a suspended sentence, this outcome triggered the character instruction for having been sentenced to imprisonment, making a character waiver mandatory. **The Strategy:** The challenge was to secure a waiver for a conviction that involved a suspended sentence. We crafted a submission that argued the procedural fairness of the original conviction was highly questionable, supporting this claim with third-party evidence: **The Outcome:** INZ accepted the arguments concerning the questionable nature of the historical offense and the clear evidence of rehabilitation. The client was granted a character waiver, allowing them to first secure a work visa and later successfully transition to residence, proving that a suspended sentence is not an absolute bar to a New Zealand visa. Contact Mathews & Associates for an initial, no-obligation, and confidential consultation if you have character issues and are contemplating representation for your visa application. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful Whangārei entrepreneurs who owned and operated the highly-regarded Suk Jai Thai Restaurant until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialization in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn did high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining the firm in July 2025, Charn's business acumen enables him to provide detailed and commercially-aware advice to clients. He continues to practice Immigration Law under the supervision of Director Christopher Perry, and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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However, your co-worker called you, asking you to pick her up because she missed the bus and it is now very late. She does not know when the taxi will arrive, and she feels unsafe waiting for a taxi alone in the dark. You decided to leave home to pick your co-worker up as you were concerned about her safety. Along the way, you are stopped by police. Your breath-alcohol level exceeds the legal limit, and you are charged. Following your criminal lawyer's advice, you plead guilty, resulting in a fine and a criminal conviction. However, when you apply to extend your work visa, INZ sends a PPI letter stating you are now ineligible for a visa due to the conviction. 2. **False or Misleading Information:** Years ago, your partner applied for an Australian visa, listing you as a secondary applicant. The application was declined. Four years later, you secured a job in New Zealand, and your work visa was approved. Three years into your job, you apply for residence. In the application, you are asked if you have ever had a visa application declined, and you answer no. INZ sends a PPI letter, noting that your partner's old declined application, where you were listed, means you may have provided false or misleading information and thus may not be eligible for residence. - Being sentenced to **imprisonment** (which may include a suspended sentence). - Having a New Zealand **conviction** for an offence that carries a maximum penalty of three months or more imprisonment. - Providing **false or misleading information** or withholding material information in any visa application or request for entry permission. - Having convictions for specific serious offences like **drug, dishonesty, sexual, or violent offences**. - **For a conviction**: Detail the seriousness of the offence, how long ago it occurred, and whether it was a one-time event. For instance, in the first example above, you could explain a drink-driving conviction as a one-off incident driven by altruistic concern for a vulnerable co-worker's safety, as opposed to habitual reckless behaviour. The time elapsed since the offence is also a relevant factor. - **For false/misleading information**: You must explain your understanding of the question asked and what you intended to convey. Often, this involves clarifying an unintentional misinterpretation rather than an attempt to deceive. - Provide evidence of rehabilitation programs attended, involvement in community service, or other proactive steps taken to mitigate the possibility of repeating the offence. - If a significant period has passed without a repeat offence, coupled with a stable employment history, this demonstrates that positive change has occurred and the risk of future offending in New Zealand is minimal. - If you are a skilled worker or have experience in an area of constant worker shortage, provide supporting evidence. - Secure letters of support from past and current employers, customers, or clients to vouch for your skills and contributions. - If you are already working in New Zealand, explain why you would be difficult to replace and the impact your departure would have on your employer or community. - Contributions are not limited to professional skills; the familial contributions you make to family members who are New Zealand citizens or residents will also be considered. 1. **Impartial Storytelling:** They provide a third party to submit your narrative in an elaborate and comprehensible manner. 2. **Legal Expertise:** Professionals are familiar with the relevant immigration law and the legal arguments required for a convincing submission. They can cite and apply the law to your specific case, resulting in the strongest presentation possible and maximizing your chance of success. - **Interview** you to fully understand your case. - **Review** your immigration file (where possible). - **Review and help compile** strong evidence and supporting documents. - **Craft** the strongest possible character waiver submission. - The client had previously been advised the offense was spent or not disclosable. - The client had a clean record for a substantial period since the offense occurred. - The client was now a highly skilled migrant with significant potential contributions to New Zealand. - **No Intent to Mislead:** The client's use of the incorrect term was due to a genuine lack of understanding of the legal distinction between employment and self-employment/contracting. - **Full-Time Experience Confirmed:** We provided detailed business documentation (e.g., tax records, certification papers) to prove the client was engaged full-time in the specified trade, even if self-employed, thereby meeting the skills criteria. - **Mitigating the Past Error:** The character waiver submission successfully requested INZ to look past the previous misstatement, as the client had not benefited and the core claim (the five years of skilled work) was factually correct. - We detailed the client's version of events, emphasizing extreme mitigating circumstances (e.g., circumstances of arrest, lack of access to legal representation, or pressure to plead guilty). - We provided impartial, published information about the legal/judicial environment in the relevant jurisdiction to substantiate the argument that procedural rights may not have been adhered to. - We leveraged the client's current profile, emphasizing their extensive, high-skilled work experience in a shortage area, demonstrating a strong, low-risk contribution to New Zealand. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/case-studies-and-news ### Title: Case Studies & News ### Page ID: 7951324 ### Content: # Case Studies & News ## Case Studies & News ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Immigration Work - Visa Under Section 61 for Unlawful Individuals Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Maybe your English test does not meet the required passing mark. Maybe you are a few years older than the maximum age. Maybe your relationship with your partner ends before the processing of your application is complete. In most cases, Immigration New Zealand (INZ) has limited power to approve residence visa applications if you do not meet all requirements. Even if INZ wants to grant you a visa, they typically lack the authority to do so if the necessary criteria are not met. However, a resident visa decline does not always mean the door is permanently closed. In fact, an opportunity for a residence visa appeal is open once your residence visa application is declined. Your appeal will be considered by the Immigration and Protection Tribunal (‘IPT’). Moreover, the IPT can still grant you residence, **even if you do not meet all the requirements**. The Judges and Tribunal members at the IPT have delegated powers to consider residence visa appeals. Under Section 187(4) of the Immigration Act 2009, there are two grounds for residence visa appeals. Firstly, if IPT finds that INZ’s decision to decline an application is incorrect, they can order INZ to conduct a reassessment by another officer who will have a fresh look at your application.  However, in an event where the IPT finds that INZ’s decision is correct, the IPT still has another power under section 187(4)(b) Immigration Act 2009 to recommend to the Minister of Immigration that a resident visa should be granted as an exception to instructions, due to the **‘special circumstances’** of the appellant. The Court has defined the meaning of special circumstances as follows: ‘***circumstances that are uncommon, not commonplace, out of the ordinary, abnormal***’. The requirement for ‘special circumstances’ to be established means that not all appeals to the IPT will be successful. However, past IPT decisions demonstrate that there are certain factors which they deem highly relevant when it comes to establishing whether special circumstances exist. Some of these factors are as follows:  The Immigration and Protection Tribunal (IPT) will assess your familial connections. If most of your immediate family are New Zealand residents or citizens, this is generally a positive factor in your appeal. However, the IPT will also compare the strength of your family ties in New Zealand to those in your home country. The IPT will examine why you do not meet the residence requirements and whether you can meet them in the future.  A 30-year-old single professional earning a median wage who falls just short of the English test score may not have a strong case for an appeal, especially if they have four years remaining on their work visa. If they work 40 hours a week, Monday through Friday, the Immigration and Protection Tribunal (IPT) may conclude that they have sufficient time on weekends to improve their English and meet the requirements in the future while their work visa is still valid. A 55-year-old bus driver from a conservative country. He works 45 hours a week on an ever-changing roster, including weekends, and has two children who have grown up and attended school in New Zealand and have never lived in a conservative country. The bus driver can communicate in everyday English but does not get a high enough score on the English test. He may have a better case because he is nearing the age limit for a new residence visa application. His unpredictable work schedule means he cannot enrol in weekend English courses to improve his English, and his work does not require a high level of written English. Additionally, his children, while not yet New Zealand residents, have stronger attachments to New Zealand than to their country of citizenship. Your chance of a successful appeal may decrease if the IPT determines you have another way to qualify for residence. A worker with limited English, "A," worked in New Zealand for over ten years and would have qualified for the RV-2021 one-off residence visa if she had been in New Zealand on September 30, 2021. Unfortunately, she had to leave New Zealand in August 2021 to care for her unwell mother. Her case is worth presenting to the IPT because her departure was due to unexpected circumstances beyond her control. Furthermore, A’s limited English means she has no pathway to residence as a skilled migrant due to her inability to score a high passing mark in the English test. The RV-2021 visa was her only pathway to residence. The IPT considers the time you and your family have spent in New Zealand. The longer you have settled, contributed, and established connections, the more positively the IPT will view your appeal. Contributions are not limited to professional work. Your **familial contributions** to New Zealand resident or citizen family members are also very relevant. Additionally, your role as a **volunteer** or member of a social or charitable organization may also be considered. The IPT is obligated to consider the best interests of any New Zealand citizen or resident child. It's important to present how a denial of residence would affect any New Zealand citizen or resident child. You must demonstrate that granting you residence would not be contrary to the public interest. This means you should have good character and health. However, having health issues does not automatically mean your appeal will fail. Appeals have been successful when an individual can provide a specialist medical opinion that their health issues are **well-controlled** through medication. Here are a few examples of cases where appeals were successful. **TU (Rwanda) \[2025\] NZIPT 207301** The appellant, Ms. TU, is a 28-year-old mother whose residence application (partnership category) was declined because her relationship with her New Zealand citizen partner ended. However, before the relationship ended, Ms. TU had a five-year-old New Zealand citizen son with her former partner. Ms. TU has been her son's primary caregiver throughout his life. Despite their separation, the co-parenting agreement has allowed the son to maintain contact with both parents. Ms. TU also has a 10-year-old daughter from a previous relationship. Ms. TU included her daughter in her application. Since arriving in New Zealand, her daughter has been attending school, has become settled in her school environment, and has become a "big sister" to Ms. TU’s New Zealand citizen son. The Tribunal determined that the best interest of Ms. TU's New Zealand citizen son is served by having his mother and his half-sister remain in New Zealand. Ms. TU and her daughter were granted resident visas. **QO (Fiji) \[2025\] NZIPT 207074** This case involves Mr. QO, a 63-year-old father of a New Zealand citizen daughter whose residence application (parent category) was declined. This was because the combined income of Mr. QO’s daughter and son-in-law did not meet the income requirements. In 2023, Mr. QO’s son-in-law was diagnosed with an unexpected illness that left him unable to work. Mr. QO also included his wife in his application. Due to his son-in-law's illness, Mr. QO and his wife played a substantial role in his care. Mr. QO also cared for his grandson on behalf of his daughter, who became the family's primary earner as her husband was unable to work. The grandson has become very attached to Mr. QO and considers him another parental figure. The IPT found that the grandson’s best interest is served by Mr. QO’s presence in New Zealand and that the emotional support Mr. QO provides to his daughter is beneficial to her well-being. Mr. QO and his wife were granted residence. **FN (Philippines) \[2024\] NZIPT 206948** In this appeal, Mr. FN was a 54-year-old farmer. His residence application (RV 2021) was declined because an INZ medical assessor found it was likely he would require dialysis within the next five years. Mr. FN’s wife and their three children were included in the application. Mr. FN’s wife has strong familial ties to New Zealand; her parents, an aunt, three siblings, and their families are all New Zealand residents and/or citizens. The Tribunal noted Mr. FN’s approximately ten years of contributions to the New Zealand dairy industry, his wife's strong family ties to New Zealand, and the fact that the couple’s three children grew up and were educated in New Zealand during their formative years. Two of their children performed very well academically. While Mr. FN’s health was a strong negative factor, it was outweighed by the cumulative circumstances of Mr. FN and his family, especially his children, whose impressive academic achievements indicated their potential to make significant contributions to New Zealand. Mr. FN, his wife, and the couple’s three children were granted residence by the Minister. **BP (Myanmar) \[2025\] NZIPT 207143** This case involves Mr BP, a 57-year-old Buddhist monk from Myanmar whose application for a residence visa (religious worker category) was declined because he was over 55 and did not meet the English language requirements. Mr BP has been a highly respected religious leader of the Burmese community and performs his religious duties predominantly in Burmese. Mr. BP’s seven and a half years of contributions resulted in the Burmese community being able to establish a Burmese temple in their city. After the temple's establishment, Mr. BP has continued to serve as a spiritual anchor for the Burmese community, who look to him for spiritual leadership and guidance. Having considered Mr. BP’s meritorious contributions that benefit the New Zealand Burmese community, the IPT allowed the appeal. Mr. BP was granted a residence visa. When preparing for a residence appeal to the Immigration and Protection Tribunal (IPT), there are several key points to remember. Only those whose residence visa applications are declined can lodge residence appeals. Such appeals can be lodged regardless of whether the applicant is inside or outside New Zealand. **Can I apply for residence just so that I would be eligible to make a residence appeal?** It is not uncommon for individuals to lodge residence visa applications with the full knowledge that the application will be declined. This strategy is employed specifically so they can have their circumstances considered by the IPT through the subsequent appeal process. However, given that lodging a residence visa application is costly, applicants should always seek professional advice before submitting the application. This ensures that their specific case and grounds for appeal are strong enough to be worth the expense and the presentation to the IPT. You must file your appeal with the IPT within **42 days** of the date your residence visa application was declined. This is a strict deadline and appeals submitted late will not be accepted. Therefore, you should seek professional advice as soon as your application is declined. A residence appeal is primarily based on legal arguments. To present a compelling case, you must gather the strongest possible evidence to support your circumstances. A convincing appeal combines a well-researched submission, supported by legal principles, precedents, and robust evidence. If we ask you to provide medical, financial, or other evidence, please make every effort to obtain it. **The Minister has the final say, despite finding of special circumstances** Although not frequent, some successful appellants have not been granted a resident visa. This is because the IPT’s authority is limited to recommending that the appellant’s special circumstances warrant consideration by the Minister of Immigration to grant residence. The Minister of Immigration has the final say and, on occasion, has decided not to grant residence despite the IPT’s recommendation. For example, in ***FP (South Africa) \[2024\] NZIPT 206976***, the Minister declined to grant residence to Mrs. FP, a high school teacher from South Africa. Her application included her husband and three children. Mrs. FP was highly valued by her students and the community; however, her second child has epilepsy. It's important to note that at the time of her appeal, none of her family members were New Zealand residents. In contrast, in a similar but successful case involving Mr. FN (see above), his wife’s mother, aunt, and three siblings were already New Zealand residents. Consequently, Mr. FN’s ties to New Zealand were considered stronger than Mrs FP’s at the time of his appeal. Considering cases like these, it may be a more practical strategy to not include family members with character or health issues in your initial residence application if they can apply separately in the future. Instead, you can simply declare them as family members without including them in the application. This approach would allow you, your partner, and your other children to have your residence approved first. Your family’s resident status can then strengthen the "familial ties to New Zealand" assessment for other family members when they apply for residence or file their own appeals in the future. If you are considering a residence appeal to the IPT or if you want to determine if an appeal is a practical strategy after your application has been declined, please contact Mathews and Associates for an initial, no-obligation, and confidential consultation. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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When your visa expires, Immigration New Zealand (INZ) will inform you that you are considered "unlawful" and not entitled to remain. If your visa has already expired and INZ declines your new application while you are in New Zealand, you will be told to leave the country immediately. The decline letter from INZ will also inform you that you have the right to file a humanitarian appeal with the **Immigration and Protection Tribunal (IPT)**. What INZ won't tell you, however, is that if your appeal is successful, the IPT has the authority under section 210 of the Immigration Act 2009 to grant you a temporary visa for up to 12 months, **or even** **a resident visa.** While a successful humanitarian appeal can lead to a resident visa, not every appeal will be successful. According to section 207 of the Immigration Act 2009, three main requirements must be met for an appeal to be allowed: The New Zealand Supreme Court has clarified that "exceptional humanitarian circumstances" do not have to be extremely rare, but they must be "well outside the normal run of circumstances and truly an exception rather than the rule." Similarly, to be considered "unjust or unduly harsh," the hardship faced upon deportation must be more than a "generic concern" and "beyond the level of harshness that must be regarded as acceptable." For instance, the fact that you will be separated from your family is not enough on its own. Similarly, a significant drop in income upon returning to your home country may not be considered "unduly harsh" by itself. However, if a father in New Zealand has a citizen child who is financially dependent on him, and the child's mother is unable to provide adequate support, his case may be considered differently. Past IPT decisions show that the Tribunal considers various factors when determining if exceptional humanitarian circumstances exist and if deportation would be unjust or unduly harsh. Some of these factors include: The IPT will examine the appellant's family ties in New Zealand versus those in their home country. Having most of your immediate family members as New Zealand residents or citizens living in New Zealand is generally a positive factor. The contributions an appellant has made to New Zealand are not limited to professional skills or work. **Familial contributions** to New Zealand citizen or resident family members, as well as contributions to the local **community**, are also considered relevant. The IPT will look at the reasons why an individual became liable for deportation. It will assess the appellant's conduct and whether circumstances outside of their control led to their unlawful status. The IPT will assess whether an appellant's character or health would make their continued presence in New Zealand contrary to the public interest. A clean criminal history is typically sufficient to address character concerns. Regarding health, an acceptable standard of health on a medical test is usually adequate. However, appeals by individuals with chronic illnesses are not always unsuccessful. They can provide evidence that their conditions are manageable with effective treatment. In some cases, appellants who are no longer able to live independently may succeed if their dependency demonstrates that deportation would be "unduly harsh." Your chances of a successful appeal may decrease if the IPT finds that you have another pathway to residence or another way to remain in New Zealand. The length of time an appellant has lived in New Zealand is a key factor. The longer a person has been settled, contributed, and established connections, the more likely the IPT will find they have integrated into the community. The IPT is obligated to consider the **best interests of any New Zealand citizen or resident child** as an important factor. A crucial question is whether any child would benefit from the appellant's presence in New Zealand. The Tribunal will consider the consequences for the appellant if they are deported. This includes whether they would be able to care for themselves in their home country. The Tribunal will also look at whether any children or other individuals in New Zealand depend on the appellant for care or financial support, and what would happen to these individuals if the appellant were no longer in New Zealand. Here are some examples of successful humanitarian appeals that resulted in a grant of a resident visa. This appeal involved **Mr. CX**, an 87-year-old widower from the Philippines who arrived in New Zealand on a visitor visa. Two of his daughters are New Zealand citizens. Mr. CX lived with his younger, widowed daughter, providing companionship and emotional support. During his time in New Zealand, he also frequently visited his elder daughter's family and developed a close bond with his two grandsons, whose learning disabilities resulted in them having very few friends. As a grandfather, Mr. CX loved both of his grandsons unconditionally despite their vulnerabilities, and his grandsons regarded him as an "irreplaceable true friend." Mr. CX's application to extend his visitor visa was declined, making him unlawful. However, the Tribunal found that his role as an irreplaceable companion to his vulnerable grandsons and the emotional benefit his daughters gained from his presence constituted **exceptional humanitarian circumstances**. As a result, his appeal was successful, and he was granted a resident visa. This appeal concerned **Ms. ED**, a woman in her mid-20s from South Africa who had been a work visa holder. She had to resign from her job because she was unable to handle the fast-paced demands of her role due to a diagnosis of Fetal Alcohol Spectrum Disorder (FASD). While unable to perform highly skilled work, she could manage a low-skilled, slower-paced job and support herself. However, her resignation led to the loss of her work visa, making her unlawful. Ms. ED's father had passed away, and her mother in South Africa suffered from depression and was unable to care for her. Ms. ED had also been a victim of a serious criminal offense in South Africa that left her traumatized. Her two siblings had immigrated to New Zealand, and one had become a resident. Ms. ED lived with her New Zealand resident sibling, who provided her with support and care. The Tribunal found her strong bond to her sibling, her vulnerabilities, and her need for ongoing support to be **exceptional humanitarian circumstances**. Her appeal was successful, and she was granted a resident visa. In this appeal, **Mrs. AQ**, an 83-year-old widowed mother from the UK, was granted a resident visa. Her daughter, a New Zealand citizen, was her only remaining blood relative. When Mrs. AQ's health deteriorated, her daughter brought her to New Zealand, where she modified her home to care for her mother. Mrs. AQ was later diagnosed with dementia and deemed unfit to fly. Mrs. AQ had entered New Zealand on a visitor visa but became unlawful after it expired. She lodged a humanitarian appeal. The Tribunal found that her inability to live independently and her lack of immediate family in the UK were **exceptional humanitarian circumstances** that would make deportation unduly harsh. The Tribunal also noted that her considerable assets would make her ineligible for a residential care subsidy, thus reducing the likelihood of her being a burden on New Zealand taxpayers. Her appeal was allowed, and she was granted a resident visa. When preparing a humanitarian appeal, there are several key points to consider. There is a strict timeframe for lodging a humanitarian appeal, which varies depending on your specific circumstances. For example, individuals whose visas have expired in New Zealand typically have **42 days** from the expiry date to lodge an appeal. However, other cases may have a shorter timeframe, such as **10 or 28 days**. If your appeal is filed after the deadline, it will not be accepted. Therefore, you should seek professional advice immediately if you intend to file an appeal. Humanitarian appeals are typically presented through written submissions. It is crucial to compile the **strongest possible evidence** to support your case. A convincing appeal relies on a well-researched and comprehensive submission backed by credible and verifiable evidence. If you are asked to obtain medical, financial, or any other type of evidence, you should make every effort to secure it. **Residence may not be granted, despite finding of exceptional circumstances** Even when an appeal is successful, not all appellants are granted resident visas. The Immigration and Protection Tribunal (IPT) can issue either a resident visa or a temporary visa of up to 12 months. Temporary visas are typically granted when the appellant's reason for remaining in New Zealand is not permanent. For example, in ***AW (Thailand) \[2025\] NZIPT 506744-745***, Mr. and Mrs. AW, who had overstayed their visitor visas, were granted 12-month work visas. Mr. AW's mother, a New Zealand citizen with terminal cancer, was his only family here. Since his connection to New Zealand would end with his mother's passing, the IPT decided that a temporary visa was sufficient, reflecting the non-permanent nature of his humanitarian appeal. Similarly, in ***EW (Tonga) \[2025\] NZIPT 506675-6***, the Tribunal granted temporary visas to the EW family—12-month open work visas for the parents and student visas for their children. The family became unlawful after Mr. EW's employer withdrew his sponsorship. The family needed to earn money to rebuild their house in Tonga, which had been destroyed by a volcanic eruption. The Tribunal's decision was based on the fact that Mr. EW had a clear pathway to secure his own immigration status. His work experience as a prison officer in Tonga made him eligible to apply for a job as a corrections officer in New Zealand. The temporary visa provided him and his family enough time to find employment and pursue a long-term visa on their own. In cases involving individuals who have been issued with a deportation liability notice, the IPT may only cancel a deportation liability without issuing any new visa, especially if the individual's existing visa rights are still valid and they have a clear path to pursue further visas or residence on their own. If your humanitarian appeal is unsuccessful, it will be difficult to obtain future temporary visas. This is because a humanitarian appeal can only be lodged after you become liable for deportation, and this part of your immigration history may negatively affect your eligibility for future visa applications. Therefore, a decision to file a humanitarian appeal should not be taken lightly. It should only be pursued when truly compelling circumstances exist and there is no other viable way for you to remain in New Zealand. If you have compelling circumstances but have missed the deadline for filing a humanitarian appeal, you might still have an option. Depending on how you became liable for deportation, you may be able to request a visa under **Section 61 of the Immigration Act**. In some humanitarian cases, Immigration New Zealand (INZ) has granted one-day visas for the specific purpose of allowing an individual to lodge a humanitarian appeal within 42 days of their visa's expiry. If you have been unlawful for more than 42 days, please contact us to discuss your situation. For an initial no-obligation and confidential consultation regarding a humanitarian appeal, please contact Mathews and Associates. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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It would be **unjust or unduly harsh** to deport the appellant. 3. **Allowing the appellant to remain in New Zealand would not be contrary to public interest.** - *Familial Ties to New Zealand* - *Contributions to New Zealand* - *The reason one becomes liable for deportation* - *Character and Health* - *Availability of Alternative Pathways* - *Settlement and Connections in New Zealand* - *Best Interests of the Children* - *Consequences of Deportation* - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/partnership-visas ### Title: Partnership Visas ### Page ID: 8265079 ### Content: # Partnership Visas ## Grant of Visas or Residence to Partners of New Zealand Citizens or Residents ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) It appears to be common knowledge, even among those without experience in visa applications, that if you are a partner of a New Zealand citizen, you are eligible to apply for New Zealand residence. Securing a partnership visa in New Zealand, even when you're in a genuine relationship with a citizen or resident, is often more complex than people expect. Simply having a marriage certificate does not guarantee a resident visa. Many applicants underestimate the process, which can lead to mistakes and visa declines. A common mistake is being careless with important dates. People’s memories can be fallible, and applicants often struggle to pinpoint the exact date their relationship changes from a ‘dating stage’ to a serious relationship. Moreover, even small discrepancies can lead Immigration New Zealand (INZ) to question their credibility. Unfortunately, many people also do not know what specific evidence INZ requires for different types of partnership visas, leading them to submit unsuitable applications. Additionally, any inaccurate statements, even simple oversights, can become a serious issue. While you can submit a visa application yourself, it is crucial to present it professionally with the correct supporting evidence. Hiring experienced professionals is often a worthwhile expense. Upon reviewing your documents, we can assess your situation, evaluate your current evidence, and determine the most appropriate visa for your circumstances. Residence visa applications require the most evidence, while work and visitor visa applications require less. The first partnership visa you apply for is usually the most difficult because INZ has no prior information about your relationship and will thoroughly assess your evidence. For this reason, it is common for partners of New Zealanders to start with a work or visitor visa before applying for a residence visa. When applying for a New Zealand partnership visa, choosing the right visa type is crucial. The three main options—Visitor, Work, and Residence—are suited for different circumstances and relationship stages. This visa is suitable for couples in a genuine and stable relationship who have only lived together for a limited time. A common scenario is when a relationship begins and develops online. After months of online communication, the New Zealand partner travels to the other's country to live together for a few months. When the New Zealand partner returns home due to work or family commitments, the relationship has strengthened, but it is still relatively new. In this case, a partnership residence visa would be premature, and a partnership visitor visa is a more practical option. Partnership visitor visas are also ideal for individuals from countries where it is difficult to obtain evidence of living together. Many countries are cash-based and lack reliable postal services, making it challenging for couples to prove they have lived together, even if they have children. Therefore, starting with a partnership visitor visa is the most practical option when a couple is in a genuine relationship but has limited evidence of living together. In some cases, if Immigration New Zealand (INZ) is satisfied that the relationship is genuine and stable but the living together requirement is not fully met, they may grant a general visitor visa for the purpose of family visit as an exception to instructions (‘ETI’). This allows the applicant to come to New Zealand, spend time with their partner, and collect the necessary evidence for a future partnership visa application. This visa is suitable for couples who are living together in countries where it is easier to obtain **living together evidence**. It's also a great option for partners of New Zealanders who are already in the country. A common scenario is when a person arrives in New Zealand on a work visa, meets a New Zealand citizen, and they begin a committed relationship. After moving in together, a residence visa may be premature, and a partnership work visa becomes a more practical option. Similarly, it's a good choice for someone already in New Zealand on a partnership visitor visa who wants to apply for a new partnership visa. To be approved, couples must prove they have been living together in a genuine and stable relationship. We would be able to assist you in compiling relevant evidence that you have been living with your partner.  Firstly, it must be noted that partnership residence visas can only be approved if you and your New Zealand citizen/resident partner have already lived together for **12 months or more** on the day you lodge your application. Immigration New Zealand (INZ) will conduct a comprehensive assessment of both your relationship and your character. Many couples choose to apply for a temporary **Partnership Visitor** or **Work Visa** before a **Residence Visa** because it establishes a track record with INZ. If a prior temporary partnership visa was approved, INZ has already determined the relationship is genuine and stable. This makes the subsequent residence application more straightforward, as you mainly need to prove the relationship is ongoing and the 12-month living together requirement has been met. **Who should choose partnership residence visa as their first partnership application?** If you have not previously applied for a partnership visa, a residence visa is the most suitable pathway for couples in a long-term relationship, especially those with joint assets or children together. In other cases, it may be more practical to start with a work or visitor visa. However, your immigration history matters. A temporary partnership visa (work or visitor) may be declined if you have previous adverse compliance decisions or a complex history. Immigration New Zealand (INZ) must be satisfied that you are a genuine temporary visa holder who will leave the country when your visa expires. For some applicants with a complicated history, a partnership residence application may be a more viable option. This is because INZ cannot decline a residence application based on past compliance issues if your relationship is found to be genuine and stable. If you choose this route, be prepared for a thorough and rigorous assessment of your relationship evidence. Contact us to determine the best strategy for your unique circumstances. When you have lived together with a New Zealand citizen/resident partner for more than five years **outside New Zealand**, they can apply for a **permanent residence visa** under the 'expat' category. This option is suitable for couples who are not ready to move to New Zealand yet due to professional commitments but intend to immigrate in the future. Having permanent residence in place means you can choose to move here permanently at any time. While you could apply for residence later, it is more practical to secure it now. This is because health issues become more likely with age, and a future application could be declined due to unforeseen health problems. It is best to apply while you are healthy and eligible, rather than risking a future decline. There are several factors that could complicate your partnership visa application. **Your partner's past relationships:** If your partner has sponsored or been sponsored for a partnership visa before, it can affect your application. In some cases, your partner may still be eligible to sponsor you despite a previous relationship. **Your partner's criminal history:** If your partner has a criminal history or a pending court case, you may need to request a character waiver. **Your previous visa application was declined:** If your prior application was unsuccessful due to inconsistencies in the information you provided, it may be possible to correct the record. We can assist by contacting the authorities to have the information corrected before submitting a new application. We will also help you prepare a strong application with solid evidence to maximize your chances of success. For an initial, no-obligation consultation about your future partnership application, contact Mathews and Associates. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Then, you receive a letter from INZ. However, instead of a visa grant, the letter states: The letter concludes by stating that if you do not respond by the due date, INZ will make a decision based on the information they currently have, and it is unlikely a visa will be granted. What you have received is either a **Request for Further Information (RFI)** or a **Potentially Prejudicial Information (PPI)** letter. An RFI can be a simple request for documents, while a PPI letter raises more serious concerns. These concerns might be about you, your partner, or your employer. First, understand that INZ has **not yet declined your application**. However, they are not satisfied with certain aspects of it, and there is a real possibility of a decline if you fail to respond or if your response does not mitigate their concerns. In some cases, it may be better to start a new application rather than respond. For example, if a job check application is based on an expired job advertisement that is found to have an unacceptably low salary, there is nothing to be done. It would be more practical to withdraw the application and re-submit a new one after a proper market test. However, in many cases, you must respond. For example, if INZ has character concerns about you, these issues will continue to affect all future applications unless you provide a compelling response and evidence to address them. In such situations, you should seek professional advice if you are unsure how to proceed. If you choose to have us respond on your behalf, we will: Below are **anonymized and generalized examples** illustrating the types of complex issues we have successfully addressed through detailed RFI/PPI responses. We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **1\. Residence Visa: Successfully Addressing Health Concerns** **The Issue:** A client applying for a residence visa failed to meet the health requirements due to a significant past medical condition (e.g., a serious heart or organ condition). INZ issued a letter raising concerns that the condition could require extensive treatment within the next five years, potentially imposing significant costs on New Zealand's health services. The client was asked to apply for a medical waiver. **Our Response Strategy:** We did not simply argue for a waiver based on emotional circumstances. Instead, we performed a thorough review of the client's current health status, working with their specialist to provide current evidence. This included: **The Outcome:** INZ accepted that the client's well-maintained health and supporting evidence significantly mitigated the concern, granting the medical waiver and approving the residence visa. **Example 2: Residence Visa - Clarifying Family Composition** **2\. Residence Visa: Clarifying Family Composition and Past Applications** **The Issue:** A client applying for residence as a dependent child received a PPI letter. INZ believed the client was ineligible because they had not been declared on a previous residence registration or application form submitted by one of their parents years prior. The core concern was one of non-disclosure or potential misrepresentation of the complete family unit. **Our Response Strategy:** This required a highly detailed review of the **specific immigration forms** used in the previous application. We identified a critical detail—the person who completed the previous form (the principal applicant) was not the client's legal parent. We successfully argued that: **The Outcome:** By correcting INZ's interpretation of the previous application, we mitigated the non-disclosure concern, and the client's residence application was approved. **3\. Student Visa: Successfully Addressing 'Purpose of Entry' Concerns** **The Issue:** A client entered New Zealand on a visitor visa, shortly after which they applied for a student visa. INZ issued a PPI letter suggesting the client had withheld material information by not disclosing their intent to study before they arrived, thus questioning the client's credibility and the true purpose of their visitor visa entry. INZ also questioned other stated intentions from the visitor visa application (e.g., travel plans). **Our Response Strategy:** We established a clear, well-evidenced **timeline of events** to demonstrate a genuine, non-premeditated change of circumstances: **The Outcome:** INZ was satisfied that the client had not withheld material information and that the decision to study was genuinely formed only after arrival, leading to the grant of the student visa. Contact Mathews & Associates if you have received a RFI/PPI letter for an initial, no-obligation, and confidential consultation. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Review the issues raised by INZ. 2. Interview you to gain a full understanding of your situation. 3. Review your immigration file if possible. 4. Work with you to gather the strongest evidence and draft a comprehensive response to address INZ’s concerns. - Submitting **recent, specialist medical reports** demonstrating the condition was well-managed through current treatment, diet, and/or lifestyle changes. - Providing a **clear prognosis** from the specialist confirming the likelihood of major surgery or extensive future public healthcare use was significantly reduced due to the client's excellent adherence to a maintenance plan. - Highlighting compelling **mitigating factors** relating to the client's establishment and strong ties to New Zealand that outweighed the residual health risk. - The instructions on the previous form only required the listing of **the principal applicant's** dependent children, and not those of a secondary applicant (the client's parent). - The information was therefore **correctly provided** as per the form's instructions at the time, and the client was eligible to apply for residence in their own right. - We clarified the difference between a conditional offer (received before arrival, which is not an entitlement to study) and the unconditional acceptance (received only *after* entry to New Zealand). - We argued that a client cannot form a concrete, actionable intent to study until they have the unconditional acceptance that guarantees their ability to enrol. - We provided evidence that the client had fulfilled the genuine and primary purpose stated on their visitor visa (e.g., visiting a friend/family member) and clarified any minor changes in secondary travel plans. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/ministerial-intervention ### Title: Ministerial Intervention ### Page ID: 8265262 ### Content: # Ministerial Intervention ## A Request for a special direction from the Minister of Immigration when all other visa pathways are lost ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Have unexpected circumstances left you without a pathway to remain in New Zealand? Section 378(1) of the Immigration Act 2009 gives the Minister of Immigration the power to issue a "special direction." This allows the Minister to grant a visa, waive requirements, or remove a deportation order for a person or group of people. This power has been delegated to the Associate Minister of Immigration and a team of delegated decision-makers (DDM). It is important to understand that a request for a special direction is a last resort. The Minister has **absolute discretion**, and there is no guarantee that your request will be accepted or considered, even if your circumstances are compelling. The Minister's willingness to intervene can also change with a change in government. Since every Minister is different, a case that one Minister might have intervened in may not receive the same consideration from a new Minister. Therefore, we only accept instructions for special direction in cases with truly compelling circumstances. If another pathway to residence or a visa is available, you should pursue that option first. The **Immigration and Protection Tribunal (IPT)** is another avenue for considering residence and humanitarian appeals. Unlike a special direction request, the IPT is obligated to consider your appeal and apply relevant legal principles to your case. For many with "special" or "exceptionally humanitarian" circumstances, an IPT appeal may be a more practical option. During our initial consultation, we can help you determine the best path forward. However, in certain situations, an IPT appeal is not an option. For example, if a principal applicant for residence dies, their family members cannot lodge a residence appeal with the IPT because they are not the principal applicants. In such a case, a request for a special direction is the only appropriate course of action, particularly when the circumstances are both exceptional and humanitarian. While there are no clear legal principles for a compelling special direction, as the Minister has "absolute discretion" to intervene or not, there are certain guidelines the Minister and the Delegated Decision Makers (‘DDM’) will consider. The team preparing the brief will thoroughly analyse your immigration history, including how you entered New Zealand and what visas you currently or previously held. Your request will likely be denied if you have not yet tested your eligibility. For example, if you have the qualifications and work experience for a visa but have not yet applied for a job in New Zealand. You then request the Minister to grant you residence. The Minister's office will likely advise you to first try applying for jobs and test your eligibility that way. The brief will outline your family members in New Zealand, their immigration status (e.g., citizens or residents), their occupations, and their circumstances. However, a lack of family ties does not necessarily mean the Minister will not intervene, as demonstrated by successful cases below where the circumstances were exceptionally humanitarian. Your contributions, both past and present, are highly relevant. It is important to outline the contributions you have made and the potential you will make to New Zealand if you are allowed to remain. These contributions are not limited to professional work or skills; familial contributions to New Zealand citizen or resident family members are also considered. It is crucial to explain the circumstances that led you to seek Ministerial intervention. The brief will need to address what went wrong, whether an unfortunate and unexpected event occurred that caused you to lose your pathway to a visa, and whether the circumstances are special, exceptional, or humanitarian. Your fault in the situation will also be examined. The team will inform the Minister about your character and health. If your visa pathway is through a New Zealand partner, the brief may also include information about your partner's character. **Any Possibility to Resolve Immigration Predicament via other Means?** It's unlikely the Minister will intervene if there's another way to resolve your immigration status. For instance, if you're living with a New Zealand citizen but have become unlawful, you should try to legalize your status by requesting for a visa under **Section 61**. In this scenario, you should not write to the Minister asking for a special direction. However, if you've been served with a **deportation liability notice**, the Section 61 team cannot consider your case. In this situation, requesting a special direction may be your only way to resolve your immigration status. A key point to include is whether any children would benefit from your presence in New Zealand and how they would be affected if you are unable to remain. **Consequences to Your New Zealand Family or Community** You should explain what would happen to your family members in New Zealand if you cannot remain. If your contributions are professional, you should explain whether you are difficult to replace and if your employer or community would be able to find a suitable replacement. Below are **anonymised and generalized examples** illustrating the types of truly compelling, exceptional circumstances that have successfully resulted in Ministerial Intervention. We have significantly altered specific identifying facts to protect client confidentiality while retaining the core legal and humanitarian challenges. **Example 1: Intervention Due to Tragedy Affecting Eligibility** **The Issue:** An immediate family member was applying for residence as a secondary applicant (e.g., a spouse or dependent child). Their primary pathway was abruptly lost when the principal applicant passed away unexpectedly before the visa could be granted. As a secondary applicant, they had no standing to lodge an appeal with the IPT, and their temporary visa pathway was severed. **Compelling Grounds:** The family was well-settled in New Zealand, with the surviving spouse working and contributing to the economy, and the child excelling in school. The loss of the principal applicant was a tragic, unexpected event that created an exceptional humanitarian predicament entirely outside the family’s control. **The Outcome:** The submission focused on the humanitarian necessity to allow the family to remain established. The Associate Minister’s office exercised discretion to allow the residence application to proceed or be approved for the surviving family members as an exception to standard instructions, acknowledging their strong ties and contributions. **Example 2: Intervention Due to Unforeseen Life-Altering Event** **The Issue:** A family came to New Zealand for the principal applicant to pursue a pathway (e.g., study or work), intending to lead to residence. Due to a sudden, life-altering event involving the principal applicant shortly before the final visa stage, the entire family lost their ability to meet the requirements for the next visa, leaving them in a state of extreme uncertainty and potential deportation. **Compelling Grounds:** The surviving spouse was gainfully employed and demonstrated excellent settlement (strong employer references). The dependent child was highly integrated into the local school system. The representative argued that the family should not be penalized for an unforeseen, catastrophic event that was entirely outside their control, emphasizing their valuable established ties and positive contributions. **The Outcome:** The Minister issued a special direction permitting the surviving spouse and child to apply for residence as an exception, recognizing the humanitarian weight of the family's situation and their proven ability to contribute to New Zealand. **Example 3: Intervention to Waive Requirements for Meritorious Contribution** **The Issue:** A key member of an ethnic or community group (e.g., a religious or cultural leader) lost their eligibility for residence due to two technical requirements: age and English language skills. This loss of eligibility was directly linked to the individual's altruistic service to the community during a period of crisis, which prevented them from focusing on their English language studies before exceeding the maximum age limit for the category. **Compelling Grounds:** The submission highlighted the client's meritorious contributions to the community, arguing that their service outweighed the technical inability to meet the instructions. It was explained that the client's duties were performed in their native language and that their value to the community was not diminished by their limited English or age. **The Outcome:** The Minister accepted the argument that the client's actions created an exceptional circumstance. A special direction was granted to waive both the age and English language requirements, enabling the residence application to be approved based on the client's significant and continuing contributions to New Zealand. The above successful cases illustrate that special direction request is not an appropriate strategy for every client. There should be something special about your case in some ways. There must be a clear explanation as to why you have lost pathway to remain, and why the Minister should exercise his/her intervention in your case. Contact Mathews & Associates for an initial, no-obligation consultation for us to evaluate your circumstances whether you may have a compelling case for Ministerial Intervention. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Your Immigration History 2. Have you tested your eligibility? 3. Familial Ties to New Zealand 4. Your Contributions to New Zealand 5. Your Current Circumstances  6. Your Character and Health 7. Any Possibility to Resolve Immigration Predicament via other Means? 8. Best Interests of the Children 9. Consequences to Your New Zealand Family or Community - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/section-61-visas ### Title: Section 61 Visas ### Page ID: 8265302 ### Content: # Section 61 Visas ## Section 61 Visa: Regaining Legal Status After Becoming An Overstayer ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Granting a visa under **Section 61 of the Immigration Act 2009** is a solution for individuals who have become unlawful in New Zealand due to a lapsed visa. When a visa expires, you can't submit a new application from within the country. While you could leave and apply from overseas, this is not always practical due to travel expenses. Being unlawful is a serious issue. Any time spent in New Zealand without a valid visa can negatively affect future visa applications. If you have not mitigated INZ’s concern about your unlawful immigration history before you depart and then apply for a visa while you are overseas, it can complicate your ability to resolve the situation. This is because INZ can decline any visa application submitted from outside New Zealand without giving an applicant an opportunity to respond to any concerns they may have. A Section 61 request provides a pathway to regain lawful status from within New Zealand. This provision gives Immigration New Zealand (INZ) the power to grant any type of visa to an unlawful person, as long as they did not enter on a limited visa and have not been served with a deportation order. A Section 61 request is not a standard visa application with an application form. There are no fixed criteria or requirements to meet. The decision is at INZ's **absolute discretion**. They can refuse to consider your request and are not obligated to provide a reason. While INZ doesn't have to consider your request, in practice, they do review most of them. The discretionary nature of a Section 61 request means that you need to submit a detailed and compelling argument explaining why you became unlawful and why you should be granted a new visa. When considering a Section 61 request, Immigration New Zealand (INZ) examines several factors. INZ will review your immigration history. Have you been unlawful before? Have you been compliant with past visa conditions? The faster you act to resolve your unlawful status, the more likely INZ will view you as compliant. This is a critical part of your request. INZ will look at the circumstances that led to you becoming unlawful. You will have a stronger case if you can show: How you present your story is also extremely important. INZ relies on you to provide a comprehensible story with strong evidence to support your case. It is not unusual for individuals with compelling circumstances who attempt to make the request themselves to have it refused simply because it was not well-presented. If your first s61 request is unsuccessful, a second one becomes more difficult because you have now been informed of your unlawful status and have chosen to remain. Therefore, it is crucial that your initial s61 request is as strong as possible. If you intend to reside in New Zealand long-term and need to make future applications, hiring a professional to represent you is almost always a worthwhile expense. If you have been unlawful for a significant amount of time, such as more than a year, the situation is more complex. In such cases, it is highly recommended that you seek professional assistance for a s61 request to be made on your behalf. **Did Circumstances Beyond Your Control Lead to Your Visa Overstay?** INZ will consider whether you became unlawful due to circumstances outside of your control. Be prepared to explain why you needed to remain in New Zealand, when you realized your status had lapsed, and what you have done to rectify it. You should also explain why you were unable to leave New Zealand to apply for a new visa from overseas. You will need to provide a detailed explanation of your current situation, including who you live with and your relationship to them. Having strong familial ties to New Zealand, especially with immediate family members who are residents or citizens, is generally a positive factor. This includes partners, as many who have become unlawful have successfully obtained Section 61 visas by demonstrating a genuine and stable relationship with a New Zealand citizen or resident partner. This is another important factor. Having a clear pathway to residency is usually a positive factor for a Section 61 request. This can include a direct pathway to a resident visa or even a strong case for a humanitarian or residence appeal to the Immigration and Protection Tribunal (IPT). INZ has been known to grant one-day visas under Section 61 to individuals with compelling circumstances to allow them to lodge an appeal. You should outline your past, present, and potential future contributions to New Zealand. These contributions are not limited to professional work; they also include familial contributions to New Zealand citizen or resident family members. INZ will assess your character and medical history. If your visa pathway is through your New Zealand partner, their character may also be assessed. Below are **anonymized and generalized examples** illustrating the strategic use of Section 61 to successfully mitigate unlawful status and create a pathway to a substantive visa. These cases demonstrate how compelling circumstances, combined with a well-presented argument, led to the exercise of INZ's discretion. We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **Example 1: Mitigating Unlawful Status to Pursue Partnership** **The Issue:** A young person became unlawful after the expiration of their temporary visa due to unforeseen abandonment by their family, leaving them unable to leave New Zealand or regularize their status. Despite their unlawful status, they had since formed a genuine and stable relationship with a New Zealand resident partner. **The Strategy:** The representative submitted a detailed s61 request. The argument focused on: **The Outcome:** INZ exercised discretion, granting a temporary visa under s61. This successfully allowed the client to regularize their status and be granted a substantive Partnership Visa, leading to a long-term pathway to residence. **Example 2: Utilizing Section 61 to Access Appeal Rights (IPT)** **2\. Utilizing Section 61 to Enable a Residence Appeal** **The Issue:** A dependent child, whose unique circumstances (e.g., complex adoption or dependency) were not accepted by INZ under standard residence instructions, was denied a student visa and became unlawful. The representative believed the client had a strong case for a residence appeal before the Immigration and Protection Tribunal (IPT). However, the client needed a current visa to be able to access domestic student fees and to properly prepare the appeal. **The Strategy:** A s61 request was made for a dependent child visa, specifically arguing that the client's best interests and access to education should not be denied while the core issue of their right to reside was being tested via the IPT. **The Outcome:** INZ granted a longer-term s61 visa (e.g., one year). This highly strategic intervention allowed the client to become a lawful domestic student and pursue a residence appeal on humanitarian or special grounds at the IPT. **Example 3: Utilizing Section 61 for Humanitarian Appeal Window** **3\. Utilizing Section 61 for Critical Humanitarian Appeal** **The Issue:** An elderly parent of a New Zealand citizen became unlawful due to an unexpected family crisis (e.g., the NZ citizen sponsor becoming seriously ill), which prevented the family from filing the visa renewal in time. The parent had developed significant health issues while in New Zealand, making it impossible for them to return to their home country to live alone. The only remaining pathway was a humanitarian appeal to the IPT, but the 42-day window for lodging the appeal had expired. **The Strategy:** A s61 request was submitted for a "one-day visa". The argument focused on: **The Outcome:** Recognizing the extreme humanitarian need and the clear pathway to resolution, INZ exercised discretion and granted the minimal, highly strategic one-day s61 visa, allowing the client to lawfully lodge their appeal, which was later successful. Contact Mathews & Associates for an initial, no-obligation consultation if you would like to make a request for a visa under s61. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. Copyright © 2026 Mathews & Associates Lawyers Ltd All rights reserved Made with ❤️ by [OneStepTowards.com](https://www.onesteptowards.com/). 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Your Immigration History 2. Why You Became Unlawful 3. Did Circumstances Beyond Your Control Lead to Your Visa Overstay? 4. Your Personal Circumstances and Familial Ties 5. Pathway to Residency 6. Your Contributions to New Zealand 7. Your Character and Health - You did not deliberately let your visa lapse. - You meet the requirements for the visa you wish to apply for. - You took prompt action to legalise your status. - **Mitigating the unlawful history:** Proving the initial lapse was not deliberate but a result of circumstances entirely beyond the client's control. - **Establishing Strong Ties:** Highlighting the new relationship, cohabitation, and support from the New Zealand partner's family. - **Clear Pathway:** Requesting a short-term s61 visitor visa specifically to allow the client to meet the onshore requirements and subsequently apply for a Partnership Visa. - The exceptional humanitarian circumstances (elderly, significant health issues, sole family support in NZ). - The clear, immediate purpose of the s61 visa: to regularize status for one day specifically to allow the client to legally lodge a residence/humanitarian appeal with the IPT. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact") --- ## URL: https://www.malawyers.co.nz/character-waiver ### Title: Character Waiver ### Page ID: 8265359 ### Content: # Character Waiver ## Your Path For Visa Approval Despite Past Conviction And/or Previous Character Issues ## NEED LEGAL GUIDANCE #### Or Call us #### [**09 437 3070**](tel: 09 437 3070) Facing a **Potentially Prejudicial Information (PPI) letter** from Immigration New Zealand (INZ) can be alarming. This letter indicates that INZ believes you may not meet the character requirements for a visa, often due to a criminal conviction or a finding of providing false or misleading information. **1\. Criminal Conviction:** You have returned home and consumed alcohol. However, your co-worker called you, asking you to pick her up because she missed the bus and it is now very late. She does not know when the taxi will arrive, and she feels unsafe waiting for a taxi alone in the dark. You decided to leave home to pick your co-worker up as you were concerned about her safety. Along the way, you are stopped by police. Your breath-alcohol level exceeds the legal limit, and you are charged. Following your criminal lawyer's advice, you plead guilty, resulting in a fine and a criminal conviction. However, when you apply to extend your work visa, INZ sends a PPI letter stating you are now ineligible for a visa due to the conviction. **2\. False or Misleading Information:** Years ago, your partner applied for an Australian visa, listing you as a secondary applicant. The application was declined. Four years later, you secured a job in New Zealand, and your work visa was approved. Three years into your job, you apply for residence. In the application, you are asked if you have ever had a visa application declined, and you answer no. INZ sends a PPI letter, noting that your partner's old declined application, where you were listed, means you may have provided false or misleading information and thus may not be eligible for residence. In both situations, seeking advice from an **experienced immigration professional** is highly recommended. This expense is often worthwhile, as professional guidance can help prevent errors in your application or decisions that negatively affect your immigration status. It's crucial to understand that INZ's definitions of terms like 'application,' 'conviction,' or 'sentenced to imprisonment' can be different from common usage. Even a fine-only sentence can create a criminal record that seriously impacts future visa applications. INZ has the authority to decline visas in certain circumstances, which include, but are not limited to: It is not uncommon for applicants who believe they meet all requirements to receive PPI letters regarding false or misleading information. Often, these individuals did not intend to mislead but failed to explain their circumstances clearly enough for INZ to fully understand the situation. Even if you've reached the point of receiving a Potentially Prejudicial Information (PPI) letter, all is **not lost**. In most cases, you can request that Immigration New Zealand (INZ) grant you a **character waiver**. This is not a simple request; it requires a **well-reasoned and detailed submission**. An effective character waiver submission must thoroughly address several key areas: Since a criminal record or a finding of false/misleading information suggests a lack of good character, it's crucial to give a detailed account of the circumstances. You must explain how and why the incident occurred, including any relevant setting or mitigating factors, so INZ can fully understand the situation. You should provide evidence that positive changes have occurred since the conviction. This helps INZ assess whether granting you a waiver would be contrary to the public interest. This is your opportunity to outline the benefits you offer to New Zealand. Having immediate family members who are New Zealand citizens or residents is generally a positive factor in your character waiver request. However, a lack of family ties here does not automatically mean your character waiver request will not be granted. If you have a serious character issue, such as a criminal conviction or a finding of false/misleading information, you are generally **ineligible for a visa** unless a character waiver is granted. For many, the ability to work or reside with family in New Zealand is vital. **Engaging with immigration professionals is highly beneficial because:** If you instruct us to submit an application which requires a character waiver, we would: Below are **anonymized and generalized examples** illustrating complex character issues that we have successfully navigated by securing a character waiver from INZ. These cases demonstrate the essential elements of a compelling submission: **clear explanation, evidence of change, and demonstrated contribution.** We have altered specific identifying facts while retaining the core legal and strategic challenges to protect client confidentiality. **Example 1: Historical Non-Disclosure Due to Technicality** **The Issue:** A client applying for residence was questioned about the non-disclosure of minor, decades-old criminal convictions from their home country in a previous NZ visa application. INZ became aware of the convictions via a police certificate required for the residence visa and issued a PPI letter, alleging the client had provided false or misleading information. **The Strategy:** The submission established that the non-disclosure was not intentional but was a result of a legal technicality or change in the law in the client's home country which caused the conviction to reappear on a police check after many years. We successfully argued that: **The Outcome:** The combination of proving lack of intent to deceive and demonstrating a clean and contributory life led INZ to grant the character waiver, and the residence visa was approved. **Example 2: Misunderstanding and Non-Disclosure of a Fine-Only Conviction** **2\. Character Waiver for Misunderstanding of 'Conviction'** **The Issue:** A client applying for a work visa was issued a PPI letter concerning a non-disclosure of a prior New Zealand conviction (e.g., drink-driving). The client had only received a fine and believed they were never 'convicted' since they did not receive a prison sentence. Additionally, INZ raised a related concern regarding the employer's initial non-disclosure of an intent to sponsor a family member. **The Strategy:** We submitted a comprehensive character waiver request addressing the dual concerns: **The Outcome:** INZ accepted the explanation of genuine misunderstanding and the evidence of rehabilitation, granting the character waiver. The client was issued a substantive work visa. **Example 3: Misrepresentation of Employment Type Leading to Integrity Concerns** **3\. Character Waiver for Misstating Employment Details** **The Issue:** A skilled tradesperson applying for residence received a PPI letter alleging they had provided false or misleading information regarding their work experience. The client had claimed a full-time employment history but had mistakenly used the term **'was employed'** when they were actually **self-employed** with additional sporadic contract work. This misstatement led to INZ receiving conflicting information during verification. **The Strategy:** We prepared a detailed submission that required extensive evidence to correct the record and prove the client's integrity. The key arguments were: **The Outcome:** The comprehensive explanation successfully addressed INZ's concerns regarding the client's integrity. The character waiver was granted, and the client's residence application was approved. **Example 4: Character Waiver for Conviction Under Questionable Circumstances** **4\. Character Waiver for Historical Conviction Involving Imprisonment (Suspended Sentence)** **The Issue:** A client applying for a work visa was rendered ineligible due to a single, historical conviction in their home country for a serious offense (e.g., a drug-related charge). Although the client did not serve time and received only a suspended sentence, this outcome triggered the character instruction for having been sentenced to imprisonment, making a character waiver mandatory. **The Strategy:** The challenge was to secure a waiver for a conviction that involved a suspended sentence. We crafted a submission that argued the procedural fairness of the original conviction was highly questionable, supporting this claim with third-party evidence: **The Outcome:** INZ accepted the arguments concerning the questionable nature of the historical offense and the clear evidence of rehabilitation. The client was granted a character waiver, allowing them to first secure a work visa and later successfully transition to residence, proving that a suspended sentence is not an absolute bar to a New Zealand visa. Contact Mathews & Associates for an initial, no-obligation, and confidential consultation if you have character issues and are contemplating representation for your visa application. The contents of this article are for general information only and does not constitute legal advice and should not be substituted for professional legal advice obtained from your lawyer. If you would like legal advice, please contact Mathews & Associates to discuss your legal matter. Charn brings a unique blend of legal expertise and entrepreneurial experience to Mathews and Associates Lawyers Limited. After immigrating to New Zealand in 1995, Charn earned his Bachelor of Laws (LLB) from the University of Canterbury. He was immersed in business from a young age, growing up in a family of successful entrepreneurs who owned and operated businesses in New Zealand and Thailand, including the highly regarded Suk Jai Thai Restaurant in Whangārei until late 2022. This experience gave him an invaluable, practical understanding of commercial contracts, commercial leases, employment agreements, and visa applications long before attending law school. Charn has developed a strong specialisation in Immigration Law, training under top practitioners, including two years with prominent Wellington immigration and refugee lawyer Kamil Lakshman. Under her supervision, Charn managed visa applications as well as high-level immigration work, including successful residence and humanitarian appeals to the Immigration & Protection Tribunal, requests for Ministerial Interventions, and securing the cancellation or suspension of deportation liability for his clients. Charn is known for his thorough approach, carefully assessing a client's history and circumstances to devise the most suitable immigration strategy. He finds Immigration Law a uniquely fulfilling area, as every successful decision means helping his clients and their families settle or reunite in New Zealand. Joining Mathews & Associates in July 2025, Charn practises commercial law while continuing to practise Immigration Law under the supervision of our director, Christopher Perry. Charn’s business acumen enables him to understand both the legal and commercial aspects when reviewing complex commercial agreements such as franchise and lease. As for his immigration cases, Charn retains his thorough approach and has already achieved successful outcomes for a number of clients. Legal matters can be complex, but getting a clear plan is simple. Use the contact form below or call our office to schedule a consultation. We’re here to help. Proudly serving Northland with friendly, down-to-earth legal advice you can rely on. 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Helping Entrepreneurs Grow. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - [Case Studies & News](/case-studies-and-news "Case Studies & News") - [Contact](/contact-us "Contact") - [Conveyancing](/conveyancing "Conveyancing") - [Wills and EPAs](/wills-and-epas "Wills and EPAs") - [Relationship Property & Contracting Out](/relationship-property-and-contracting-out "Relationship Property & Contracting Out") - [Immigration](/immigration "Immigration") - [Trusts](/trusts "Trusts") - [Commercial Conveyancing](/commercial-conveyancing "Commercial Conveyancing") - Being sentenced to **imprisonment** (which may include a suspended sentence). - Having a New Zealand **conviction** for an offence that carries a maximum penalty of three months or more imprisonment. - Providing **false or misleading information** or withholding material information in any visa application or request for entry permission. - Having convictions for specific serious offences like **drug, dishonesty, sexual, or violent offences**. - **For a conviction**: Detail the seriousness of the offence, how long ago it occurred, and whether it was a one-time event. For instance, in the first example above, you could explain a drink-driving conviction as a one-off incident driven by altruistic concern for a vulnerable co-worker's safety, as opposed to habitual reckless behaviour. The time elapsed since the offence is also a relevant factor. - **For false/misleading information**: You must explain your understanding of the question asked and what you intended to convey. Often, this involves clarifying an unintentional misinterpretation rather than an attempt to deceive. - Provide evidence of rehabilitation programs attended, involvement in community service, or other proactive steps taken to mitigate the possibility of repeating the offence. - If a significant period has passed without a repeat offence, coupled with a stable employment history, this demonstrates that positive change has occurred and the risk of future offending in New Zealand is minimal. - If you are a skilled worker or have experience in an area of constant worker shortage, provide supporting evidence. - Secure letters of support from past and current employers, customers, or clients to vouch for your skills and contributions. - If you are already working in New Zealand, explain why you would be difficult to replace and the impact your departure would have on your employer or community. - Contributions are not limited to professional skills; the familial contributions you make to family members who are New Zealand citizens or residents will also be considered. 1. **Impartial Storytelling:** They provide a third party to submit your narrative in an elaborate and comprehensible manner. 2. **Legal Expertise:** Professionals are familiar with the relevant immigration law and the legal arguments required for a convincing submission. They can cite and apply the law to your specific case, resulting in the strongest presentation possible and maximizing your chance of success. - **Interview** you to fully understand your case. - **Review** your immigration file (where possible). - **Review and help compile** strong evidence and supporting documents. - **Craft** the strongest possible character waiver submission. - The client had previously been advised the offense was spent or not disclosable. - The client had a clean record for a substantial period since the offense occurred. - The client was now a highly skilled migrant with significant potential contributions to New Zealand. - **For the client:** We argued that the non-disclosure was due to a genuine language barrier and misunderstanding of the legal definition of 'conviction' in the NZ context. We provided evidence that the client had no further offending and was a valued employee, demonstrating a low risk of reoffending. - **For the employer:** We provided a clear explanation of the timeline, demonstrating that the employer's decision to hire the family member only arose after an unsuccessful external search. - **No Intent to Mislead:** The client's use of the incorrect term was due to a genuine lack of understanding of the legal distinction between employment and self-employment/contracting. - **Full-Time Experience Confirmed:** We provided detailed business documentation (e.g., tax records, certification papers) to prove the client was engaged full-time in the specified trade, even if self-employed, thereby meeting the skills criteria. - **Mitigating the Past Error:** The character waiver submission successfully requested INZ to look past the previous misstatement, as the client had not benefited and the core claim (the five years of skilled work) was factually correct. - We detailed the client's version of events, emphasizing extreme mitigating circumstances (e.g., circumstances of arrest, lack of access to legal representation, or pressure to plead guilty). - We provided impartial, published information about the legal/judicial environment in the relevant jurisdiction to substantiate the argument that procedural rights may not have been adhered to. - We leveraged the client's current profile, emphasizing their extensive, high-skilled work experience in a shortage area, demonstrating a strong, low-risk contribution to New Zealand. - [Home](/ "Home") - [About Us](/about-us "About Us") - [Services](/our-services "Services") - [Contact](/contact-us "Contact")