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Posted

I am British, but I am asking on behalf of an elderly New Zealand friend of mine.

 

"D" is in his late 70s, and moved to live in Thailand on his retirement aged 65.

 

He is married to a Thai, herself a retired nurse. They live - scrape by really - on her pension. He has adult children in New Zealand, and a divorced wife, but they really don't seem to care.

 

He receives no pension whatsoever from New Zealand, despite having "paid in" throughout his entire working life, he was a qualified electrician. He tells me that he was denied at an interview when he applied, because he was moving abroad. His account of the interview was that it was extremely hostile, verging on the vitriolic, and he was very upset about it. Of course that was a long time ago, and beyond pursuing itself, the harpy who condemned him as a dirty old man off to live with a tart is probably herself retired.

 

This seems to me, to be somewhat unjust - as a Brit my government pension is "frozen" at the amount when I retired - but to simply receive nothing?

 

"D" is not particularly articulate, rather shy and completely non "tech/computer savvy". It is my intention to try to pursue this matter for him, using initially an email address which I will generate for him; but first I would like confirmation that, as he believes, he is simply not entitled to any pension. Any kind Kiwi soul who can advise?

Posted
On 6/2/2025 at 3:59 AM, Paul Catton said:

I would say he's eligible and am quite happy to assist him with a representation on the ground here in NZ.

I had a look at the link you posted. 

 

The below seems to be his issue:

 

"are ordinarily resident in New Zealand, the Cook Islands, Niue or Tokelau when you apply, and"

 

Thailand is not one of the SSA countries.

 

"SSA countries are: Australia, Canada, Denmark, Greece, Ireland, Jersey, Guernsey, Malta, the Netherlands, South Korea and United Kingdom."

 

He's in his late 70's, and has lived in Thailand since 65, so that's over 10 years he has been a non resident of NZ. 

 

Similar, to Australians, he may have to return to NZ to re-establish NZ residency.  For Australian's, that's a 2 year stay.  He may get the pension upon arrival, but he can't just fly out a fortnight later, if it's anything like the Australian system.   

 

Here's NZ's definition of "ordinary resident" from your link.

 

ordinarily resident

Ordinarily resident generally means a person who is normally and lawfully in New Zealand, intends to stay here and considers New Zealand to be their home.

However, if you're applying for NZ Super or Veteran's Pension, this also includes:

  • the Cook Islands, Niue and Tokelau, and
  • any country NZ has a Social Security Agreement (SSA) with (except United Kingdom).

If you're applying for another payment, this may also include a country NZ has a SSA with. It depends which payment you're applying for.

When deciding if someone is ordinarily resident in the countries listed above, we look at:

  • their intentions towards these countries, including their reasons for periods of absence and return
  • the length of time they spend in these countries on a continual basis
  • property and asset ownership. Do they own a home or any other large assets in these countries?
  • the location of their cash assets: investments and bank accounts
  • whether their income is earned in these countries or overseas
  • whether they pay taxes in these countries
  • whether they still vote in or still qualify to vote in these countries general elections
  • their commitment to these countries, such as involvement in the community, clubs or other groups.

Generally you're not considered to be ordinarily resident in these countries if you either:

  • leave them for more than 26 weeks, or
  • spend more time outside of them than inside.

Please note: a person cannot be ordinarily resident in 2 places at the same time.

 

Posted
On 6/2/2025 at 1:31 AM, JAG said:

I am British, but I am asking on behalf of an elderly New Zealand friend of mine.

 

"D" is in his late 70s, and moved to live in Thailand on his retirement aged 65.

 

He is married to a Thai, herself a retired nurse. They live - scrape by really - on her pension. He has adult children in New Zealand, and a divorced wife, but they really don't seem to care.

 

He receives no pension whatsoever from New Zealand, despite having "paid in" throughout his entire working life, he was a qualified electrician. He tells me that he was denied at an interview when he applied, because he was moving abroad. His account of the interview was that it was extremely hostile, verging on the vitriolic, and he was very upset about it. Of course that was a long time ago, and beyond pursuing itself, the harpy who condemned him as a dirty old man off to live with a tart is probably herself retired.

 

This seems to me, to be somewhat unjust - as a Brit my government pension is "frozen" at the amount when I retired - but to simply receive nothing?

 

"D" is not particularly articulate, rather shy and completely non "tech/computer savvy". It is my intention to try to pursue this matter for him, using initially an email address which I will generate for him; but first I would like confirmation that, as he believes, he is simply not entitled to any pension. Any kind Kiwi soul who can advise?

It appears he will have to re-establish NZ residency to be able to apply and receive the aged pension in NZ. 

 

I have posted the criteria to meet NZ's criteria of "ordinary resident" in a previous post. 

Posted

Thanks for the "Precise Wording" you have extracted from the NZ "Work and Income" website.

 

Perhaps a cat thrown among the pigeons!

 

Eligibility wise:

 

Are 65+ or older = Boxed Ticked.

Have lived in New Zealand for a certain amount of time = Box ticked.

Are ordinarily resident in New Zealand, the Cook Islands, Niue or Tokelau when you apply, and ,

have lived in New Zealand for a certain amount of time = Box ticked.

 

I believe that the person in question "fulfilled the final criteria" from the following statement.

 

"He tells me that he was denied at an interview when he "applied", because he was moving abroad. His account of the interview was that it was extremely hostile, verging on the vitriolic, and he was very upset about it".

 

Eligibility would have been to be met, but appears to have been thwarted by an adverse "In-house Policy" when he applied with the "MSD Ministry of Social Development" who wrongfully decided an outcome at the time, by the above statement, which needs to be taken to task for retrospective compensation which has been denied.  

 

NZ Superannuation is portable upon application per any criteria being met.

https://www.workandincome.govt.nz/on-a-benefit/overseas-travel/nz-super-and-veterans-pension/index.html

 

A huge "Thanks" from me for your detailed observation regarding the pitfall.

  • Thanks 1
Posted
On 6/4/2025 at 8:49 AM, Paul Catton said:

Are ordinarily resident in New Zealand, the Cook Islands, Niue or Tokelau when you apply, and ,

have lived in New Zealand for a certain amount of time = Box ticked.

 

This is from the OP:

 

""D" is in his late 70s, and moved to live in Thailand on his retirement aged 65."

 

I take this to mean he has been living in Thailand for around 10 to 15 years. 

 

How can you claim that he is "an ordinary resident in New Zealand" when he's been living in Thailand for years?  = "Box not ticked."  :smile:

 

Look at the criteria for "ordinary resident."  I posted it. 

 

There are many ways they assess your residency, but how would he get away with the below, being outside for more than 26 weeks?

 

Generally you're not considered to be ordinarily resident in these countries if you either:

  • leave them for more than 26 weeks, or
  • spend more time outside of them than inside.

Please note: a person cannot be ordinarily resident in 2 places at the same time.

  • Haha 1

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