Cases: [2009] NZSC 76 [2010] 1 NZLR 104 – [2014] NZHC 2882 [1995] NZAR 509
The courts have ruled that the exceptional humanitarian circumstances threshold is a high one, and that your situation has to be “well outside the normal run of circumstances”. It’s not enough that your circumstances cause you or family members difficulty or hardship or are emotionally upsetting. On the other hand, your situation doesn’t have to be unique or very rare in order to be “exceptional”.
The word “humanitarian” is given a fairly wide meaning and can include a broad range of factors. The Immigration and Protection Tribunal has interpreted “humanitarian” as meaning simply to do with “the interests and welfare of people”.
Being separated from family members isn’t necessarily an exceptional humanitarian circumstance on its own, and you’ll need to show something beyond the consequences that are inevitably involved in any forced family separation. But family separation will always be a relevant factor to consider as part of the overall circumstances of your case.
Being able to earn a better income in New Zealand than back home doesn’t of itself amount to exceptional humanitarian circumstances. So unemployment, or even poverty, isn’t enough. However, this will be a matter of degree, and poverty, starvation and disease may amount to exceptional humanitarian circumstances.