From Gaza to New Zealand
Our team recently assisted a client to reunite his orphaned nieces and nephew, who were displaced by the conflict in Gaza, with their family in New Zealand. After their parents were killed in an airstrike, the children were taken to Egypt by their maternal uncle as refugees, with the intention of joining their paternal uncle in New Zealand, in accordance with their cultural and religious traditions.
The legal process was particularly complex due to several factors. First, while the children were able to secure New Zealand visitor visas, Egyptian authorities would not permit them to leave the country without the consent of a parent or legal guardian. However, adoption was not an option, as it is not permitted under Islamic custom. This required us to find a solution that respected both the children’s cultural and religious background and the legal requirements of multiple jurisdictions.
We carefully considered the provisions of the Care of Children Act 2004 and determined that an application for an interim guardianship order was appropriate. The urgency of the situation allowed us to apply without notice, and the Family Court responded swiftly, granting an interim order within 24 hours. This order enabled our client to make legal decisions for the children, including providing the necessary consent for their travel from Egypt to New Zealand. The process required careful navigation of both New Zealand and Egyptian legal requirements, as well as sensitivity to the children’s cultural and religious needs.
After overcoming further administrative hurdles, the children arrived safely in New Zealand in September 2025. The Family Court later issued a final guardianship order in December 2025, formally recognising our client as the children’s legal guardian.
This left the final hurdle – how to keep the children here long term. Legal guardians are not classified as “parents” under the Immigration Instructions, so cannot sponsor children for under the Dependent Child residence category. We instead sought ministerial intervention based on the children’s unique circumstances. In early 2026, the Minister of Immigration made a special direction granting residence to the children as an exception to the applicable Immigration Instructions. We were successfully able to obtain resident visas for the children a few months later.
We are incredibly privileged to have been part of the children’s journey. We wish them and their family the very best as they continue settling into life in New Zealand.
