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Posted by starting-over 14 years ago.

Will a New Zealander facing personal bankruptcy (NAP) in NZ be able to work and live in Australia?

I’m a Kiwi moving to Australia soon, and want to know if a personal bankruptcy (NAP) that I intend to proceed with soon can affect my ability to work and live in Australia? The debt was incurred in NZ. (A - NAP is processed and the person cleared over a one year period.)

Cheers!

9 replies, the latest on 07 March 2016.
Reply from looking-forward 14 years ago.

Im interested in this too... Its worth noting tho that the NAP will still remain on public file for 7 years after you have been discharged- so it could effect you obtaining further credit?? Im halfway through my NAP and im not sure if it will stop me leaving??

Reply from starting-over
OP
14 years ago.

Hi there,

Are you thinking of leaving NZ and going to Auss to? I dont think you need to worry about them letting you out of the country? I think as long as you make arrangements with them and let them know of your plans - they dont mind to much, thats certainly the case with regular bankruptsy.. I am going soon and am thinking about starting the NAP once I settle there as I have to at some stage soon. Any advice? :) Life is bound to get better!!

Reply from 1st-degree-burns 14 years ago.

Hi, If you file for NAP, you are still able to leave the country no worries. It is only if you have Court Fines or a conviction things start to get a bit 'tougher'.

The next option is of course, that you move than file for NAP whilst you are in australia. Now I have heard conflicting parts about my next comment, but - I have been told that your credit-file follows you from NZ to aust, however I has had many people say that it doesn't, so that part I am not sure. But the NAP will be loaded against your credit-file for 7 years, it does however show that you were 'discharged'

Reply from kiwi-mark 13 years ago.

Couple of things - when you are bankrupted in NZ they generally request you surrender your passport or give them your passport number as one of the conditions of bankruptcy is you are not able to leave NZ without the Official Assignees permission. I probably wouldn't try and leave you may get detained at the airport.

This from their website: During bankruptcy you may not without consent:

* Leave New Zealand
* Enter into, carry on, or take part in the management or control of any business
* Be employed by a relative or entity owned, managed, or controlled by a relative.

Failure to adhere to these responsibilities and restrictions can result in a fine, imprisonment, or both.

All on their website here: http://www.insolvency.govt.nz/cms/personal-insolvency/responsibilites-and-restrictions-during-bankruptcy

Reply from kristy 13 years ago.

I work for the NZ ITS (insolvency & trustee service) and for bankruptcy, you will not need to surrender your passport but it is illegal not to apply for consent to leave NZ. Not to worry though, generally every application for consent to leave will be approved unless there is a good reason not to. If you are going to work, then this is a good reason to go as it likely means you can contribute to your debts (in the eyes of ITS). Your debt can however follow you for 7 years from the date of adjudication.

This is not the case with NAP, where your insolvency status will be viewable for 5 years from date of adjudication, and you do not need consent to leave, only to advise your change of address.

Reply from michael 9 years ago.

I am seriously thinking of applying for NAP. How does this affects my current employment? Do I have to inform my employer? Any advice?

Reply from mayday 9 years ago.

@kristy how does it work for filing bankruptcy for your debts in NZ wile living in Australia?

Do i have to be on default credit rating first before I can file bankruptcy?

Reply from kiwigurl 8 years ago.

I am also in the early stages of moving to Australia but am seriously thinking of a NAP so all this advice is very useful. If you do have a NAP can you own anything?

Reply from kiwi 8 years ago.

Hi I am a New Zealander bankrupt in Australia I alway try to do the right thing but if my back is up against the Wall and I need to go home Can they stop me from going back to NZ? If I do can I be forced back to Australia? Do I lose my Australian super if I leave without permisson? I am prepared to do the right thing even when in NZ, but I will not be held for ransom in Australia. Pleas advise

Thanks

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