In this situation you will first need to determine if your children have 'domestic student status'. If they do and they are between the ages of 6 and 16 years of age, then they must attend a registered school unless they have an exemption. If your children do not have domestic student status then they will qualify as foreign students, and you do not have to apply to homeschool them.

To determine if your child or children are foreign or domestic students, please read the following:

Source: Education Circular 20 March 2003, Ministry of Education

What's the Difference between a Foreign and Domestic Student?

Under the Education Act 1989 a foreign student is anyone who does not fall into the category of domestic student.  A domestic student is:

- a NZ citizen (this includes students from Tokelau, the Cook Islands and Niue)

- the holder of a residence permit (under the Immigration Act 1987) who satisfies the criteria (if any) prescribed by regulations made under the Education Act.  Note that at the time this notice was published no such regulations had been made and so currently all students who hold residence permits will be domestic students. Schools will be notified of any changes to this category

- a diplomat and/or consular official - ie. someone who is exempt from the requirement to hold a residence permit under section 11(1) of the Immigration Act. (Note that the Ministry of Foreign Affairs and Trade provides a letter of confirmation naming these students)

- an Australian citizen - i.e. someone who is exempt from the requirement to hold a residence permit under section 12 of the Immigration Act; and

- someone who falls under a category notified by the Minister of Education in the NZ Gazette.  These categories are:

1) a student who is the dependent child of any person who is in NZ to study under an exchange programme approved by the NZ Government

2) a student who is the dependent child of any person who is the holder of an unexpired work permit granted in accordance with the Immigration Act

3) a student who was enrolled at a registered school in NZ before 1 January 1989 and who has been continuously enrolled at 1 or more registered schools in NZ since that date and who meets the requirements of the Immigration Act for undertaking a course of study or training in NZ

4) a student who is the dependent child of a diplomat and/or consular official - ie. a student who is the dependent child of any person who during the current calendar year last ceased to be exempt under section 11 (1) of the Immigration Act, from the requirement to hold a permit under the Act;1

5) a student who is the dependent child of any person who is the holder of a Commonwealth Scholarship

6) a student who has made, or is the dependent child of any person who has made, a claim to be recognised as a refugee in accordance with Part VI of the Immigration Act; and

7) a student who has entered NZ for the purposes of adoption, and

a) whose adoption application before the NZ Family Court (where the Final Order will entitle that child to education as a domestic student) is supported by the Department of Child, Youth and Family Services and who has a letter from that Department confirming the support, or

b) who is the subject of an Interim Order of Adoption granted by the NZ Family Court under the Adoption Act (where the Final Order will entitle that child to education as a domestic student).

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