Citizenship Act 1977

1: Short Title and commencement
1: This Act may be cited as the Citizenship Act 1977.
2: This Act shall come into force on 1 January 1978.
2: Interpretation
1: In this Act, unless the context otherwise requires,— alien Armed Forces section 2 Crown service under the New Zealand Government section 5 employee section 5
a: any chief executive
b: Minister New Zealand New Zealand overseas representative prescribed protected State British Nationality Act 1948 (UK) protectorate British Nationality Act 1948 (UK) Secretary
2: References in this Act to a Commonwealth country include references to every territory for the international relations of which that country is responsible.
3: For the purposes of this Act,—
a: a person born aboard a registered ship or aircraft shall be deemed to have been born in the place in which the ship or aircraft was registered:
b: a person born aboard an unregistered ship or aircraft of the Government of a country shall be deemed to have been born in that country:
c: a person shall be deemed to be of full capacity if he is not of unsound mind. Section 2(1) Armed Forces inserted 18 November 1992 section 2(2) Citizenship Amendment Act 1992 Section 2(1) Crown service under the New Zealand Government amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) Crown service under the New Zealand Government amended 18 November 1992 section 2(1) Citizenship Amendment Act 1992 Section 2(1) employee inserted 18 November 1992 section 2(2) Citizenship Amendment Act 1992 Section 2(1) employee amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) employee repealed 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 2(1) ordinarily resident repealed 21 April 2005 section 3 Citizenship Amendment Act 2005
3: Special provisions relating to parentage
1: For the purposes of this Act a person shall, in the absence of evidence to the contrary, be presumed to be the father of another person if—
a: he is or was married to, or in a civil union or a de facto relationship with, that other person's mother at any time during the period commencing with that other person's conception and ending with that other person's birth; or
b: his paternity of that other person has been established by 1 or more of the types of evidence specified by section 8 and (but without limiting subsection (2)) the term father
2: For the purposes of this Act a person shall be deemed to be the child of a New Zealand citizen if—
a: he or she has been adopted by that citizen, in New Zealand, by an adoption order within the meaning of and made under the Adoption Act 1955
aa: he or she has been legally adopted by that citizen, in Niue, Tokelau, or the Cook Islands, by an adoption order that has the same operation and effect as an adoption order made under the Adoption Act 1955
b: he or she has been adopted by that citizen, outside New Zealand, by an adoption to which section 17
i: that adoption took place before the commencement of the Citizenship Amendment Act 1992
ii: at the time that adoption order was made he or she had not attained the age of 14 years ; or
ba: he or she has been adopted by that citizen, outside New Zealand, by an adoption order which has been certified by the competent authority of the Contracting State in which the adoption was made as being an adoption made in accordance with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption,— and in any such case,—
c: the terms father mother parent
d: the person shall be deemed to have been born when and where the adoption order was made: provided that, on the discharge for any reason of the adoption order in accordance with section 20 (or in accordance with the law relating to the discharge of adoption orders in Niue, Tokelau, or the Cook Islands)
2A: Nothing in the Adoption Act 1955
2B: For the purposes of this Act, a person is deemed to be the child of a person entitled to be in New Zealand indefinitely if—
a: he or she has been adopted in New Zealand on or after 1 January 2006, by an adoption order within the meaning of and made under the Adoption Act 1955 Immigration Act 2009
b: he or she has been legally adopted in the Cook Islands, Niue, or Tokelau on or after 1 January 2006, by an adoption order that has the same operation and effect as an adoption order made under the Adoption Act 1955 Immigration Act 2009 and, in any such case,—
c: the terms father mother parent
d: the person is deemed to have been born when and where the adoption order was made; but
e: on the discharge for any reason of the adoption in accordance with section 20
3: References in this Act to the status or description of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of his father or mother (as the case may require), be construed as referring to the status or description of the father or mother at the time of his or her death.
4: Where the relevant parent died before, and the person was born on or after, 1 January 1949, the status or description that would have been applicable to the parent had he or she died on or after 1 January 1949 shall be deemed to be the status or description applicable to him or her at the time of his or her death.
5: Where the relevant parent died before, and the birth occurs on or after, 1 January 1978, the status or description that would have been applicable to the parent had he or she died on or after that date shall be deemed to be the status or description applicable to him or her at the time of his or her death.
5A: In subsection (1)﻿(a) de facto relationship section 2D
a: the reference to 18 years in subsection (1)﻿(a) of that section is to be read as a reference to 16 years; and
b: a person who has attained the age of 16 years but who is younger than 18 years may be treated as having a de facto relationship with another person only if the person has obtained consent for the relationship in accordance with section 46A
6: In subsection (2)﻿(ba), Contracting State Adoption (Intercountry) Act 1997 1948 No 15 ss 2(2), 26, 27 1959 No 38 s 9 1969 No 18 s 12(2) Section 3(1)﻿(a) replaced 21 April 2005 section 4(1) Citizenship Amendment Act 2005 Section 3(2) replaced 18 November 1992 section 3 Citizenship Amendment Act 1992 Section 3(2)﻿(aa) inserted 10 December 2001 section 3(1) Citizenship Amendment Act (No 2) 2001 Section 3(2)﻿(b)﻿(ii) amended 1 January 1999 section 29(1) Adoption (Intercountry) Act 1997 Section 3(2)﻿(ba) inserted 1 January 1999 section 29(1) Adoption (Intercountry) Act 1997 Section 3(2) proviso amended 10 December 2001 section 3(2) Citizenship Amendment Act (No 2) 2001 Section 3(2A) inserted 18 November 1992 section 3 Citizenship Amendment Act 1992 Section 3(2B) inserted 21 April 2005 section 4(2) Citizenship Amendment Act 2005 Section 3(2B)﻿(a) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 3(2B)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 3(5A) inserted 21 April 2005 section 4(3) Citizenship Amendment Act 2005 Section 3(5A) amended 14 August 2018 section 27(1) Minors (Court Consent to Relationships) Legislation Act 2018 Section 3(5A)﻿(b) replaced 14 August 2018 section 27(2) Minors (Court Consent to Relationships) Legislation Act 2018 Section 3(6) inserted 1 January 1999 section 29(2) Adoption (Intercountry) Act 1997
4: Administration of Act
Subject to the control of the Minister, the Secretary for Internal Affairs is responsible for the administration of this Act.
4A: Delegation of powers by Secretary
1: The Secretary may from time to time, by writing under the Secretary's hand, either generally or particularly, delegate to such officer or officers of the Department of Internal Affairs as the Secretary thinks fit all or any of the powers and functions exercisable by the Secretary under this Act or under any regulations made under this Act, other than the power of delegation conferred by this section.
2: Subject to any general or special directions given or conditions attached by the Secretary, the officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on the officer directly by this section and not by delegation.
3: Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
4: Any delegation under this section may be made to a specified officer or to officers of a specified class, or may be made to the holder for the time being of a specified office or class of office.
5: Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Secretary.
6: Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Secretary by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Secretary. Section 4A inserted 17 December 1985 Citizenship Amendment Act 1985
4B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4B inserted 14 August 2018 section 28 Minors (Court Consent to Relationships) Legislation Act 2018
5: Act binds Crown
This Act binds the Crown.
1: New Zealand citizenship
Acquisition of citizenship
6: Citizenship by birth
1: Subject to subsection (2), a person is a New Zealand citizen by birth if—
a: the person was born in New Zealand on or after 1 January 1949 and before 1 January 2006; or
b: the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—
i: a New Zealand citizen; or
ii: entitled in terms of the Immigration Act 2009
2: A person shall not be a New Zealand citizen by virtue of this section if, at the time of his birth,—
a: his father or mother was a person upon whom any immunity from jurisdiction was conferred by or under the Diplomatic Privileges and Immunities Act 1968 Consular Privileges and Immunities Act 1971
b: his father and mother were enemy aliens and the birth occurred in a place then under occupation by the enemy.
3: Despite subsections (1) and (2),—
a: every person born in New Zealand on or after 1 January 1978 is a New Zealand citizen by birth if the person would otherwise be stateless:
b: a person is deemed to be a New Zealand citizen by birth if—
i: the person, having recently been born, has been found abandoned in New Zealand; and
ii: investigations have failed to establish the identity of at least one of the person's parents.
4: Notwithstanding section 7
a: a New Zealand citizen, or a New Zealand citizen by descent, pursuant to this Act; and
b: either—
i: a head of mission or head of post within the meaning of the Foreign Affairs
ii: an employee in any part of the State services, or a member of the Armed Forces, on service overseas; or
iia: a person working overseas for the public service of Niue, Tokelau, or the Cook Islands; or
iii: an officer or employee of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003
iv: an officer or employee of the New Zealand Tourism Board (as established by the New Zealand Tourism Board Act 1991
5: Despite section 7
a: the person is born in the Independent State of Samoa; and
b: but for reasons of medical necessity requiring the mother to travel from Tokelau to the Independent State of Samoa to give birth to the person, the person would have been born in Tokelau; and
c: at the time of the person's birth the person would have been a New Zealand citizen by birth under subsection (1), had the person been born on that date in Tokelau.
6: A person who is a New Zealand citizen by birth does not lose his or her New Zealand citizenship by reason of the person being adopted by a parent or parents who are neither—
a: New Zealand citizens; nor
b: persons entitled to reside indefinitely in New Zealand in terms of the Immigration Act 2009 1948 No 15 s 6 Section 6(1) replaced 21 April 2005 section 5(1) Citizenship Amendment Act 2005 Section 6(1)﻿(b)﻿(ii) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 6(3) replaced 21 April 2005 section 5(2) Citizenship Amendment Act 2005 Section 6(4) replaced 18 November 1992 section 4(1) Citizenship Amendment Act 1992 Section 6(4)﻿(b)﻿(i) amended 1 July 1993 section 2(3) Foreign Affairs Amendment Act 1993 Section 6(4)﻿(b)﻿(iia) inserted 10 December 2001 section 4 Citizenship Amendment Act (No 2) 2001 Section 6(4)﻿(b)﻿(iii) replaced 1 July 2003 section 84 New Zealand Trade and Enterprise Act 2003 Sections 6(5) inserted 21 April 2005 section 5(3) Citizenship Amendment Act 2005 Sections 6(6) inserted 21 April 2005 section 5(3) Citizenship Amendment Act 2005 Section 6(6)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009
7: Citizenship by descent
1: Every person born outside New Zealand on or after 1 January 1978 is a New Zealand citizen by descent if, at the time of the person's birth,—
a: his or her mother or father was a New Zealand citizen otherwise than by descent; or
b: his or her mother or father was a New Zealand citizen by descent, and the person would otherwise be stateless.
2: A person who is a New Zealand citizen by virtue of subsection (1) may apply for his or her citizenship status to be registered in accordance with regulations made under this Act.
3: For the purposes of this section, the Secretary may issue a certificate stating a person's status under this section and, in the absence of evidence to the contrary, a certificate to such effect
4: The citizenship of any New Zealand citizen by descent that has lapsed before the commencement of the Citizenship Amendment Act 2000 1948 No 15 s 7 Section 7(1) replaced 21 April 2005 section 6 Citizenship Amendment Act 2005 Section 7(2) replaced 10 December 2001 section 5 Citizenship Amendment Act (No 2) 2001 Section 7(3) inserted 18 November 1992 section 5 Citizenship Amendment Act 1992 Section 7(3) amended 24 October 2019 section 21 Statutes Amendment Act 2019 Section 7(4) inserted 8 April 2000 section 3(2) Citizenship Amendment Act 2000
8: Citizenship by grant
1: The Minister may authorise the grant of New Zealand citizenship to any person, including a person who may be a New Zealand citizen by descent, who—
a: has attained the age of 16 years; and
b: is of full capacity; and
c: applies for citizenship in the prescribed manner; and
d: satisfies the Minister that he or she meets each of the requirements specified in subsection (2).
2: The requirements referred to in subsection (1)﻿(d) are as follows:
a: that the applicant is entitled in terms of the Immigration Act 2009
b: that the applicant was present in New Zealand—
i: for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and
ii: for at least 240 days in each of those 5 years,— being days during which the applicant was entitled in terms of the Immigration Act 2009
c: that the applicant is of good character:
d: that the applicant has sufficient knowledge of the responsibilities and privileges attaching to New Zealand citizenship:
e: that the applicant has sufficient knowledge of the English language:
f: that the applicant intends, if granted New Zealand citizenship, either—
i: to continue to reside in New Zealand; or
ii: to enter into or continue in Crown service under the New Zealand Government, or service under an international organisation of which the New Zealand Government is a member, or service in the employment of a person, company, society, or other body of persons resident or established in New Zealand.
3: For the purposes of subsection (2)﻿(a), a person will not be treated as entitled to be in New Zealand indefinitely if—
a: conditions have been imposed under the Immigration Act 2009
b: those conditions
4: The Minister may, after consultation with the Minister of Immigration,—
a: waive the requirement in subsection (2)﻿(a) if satisfied that an applicant is entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau:
b: waive the requirement in subsection (2)﻿(b) if satisfied that an applicant was present in the Cook Islands, Niue, or Tokelau—
i: for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and
ii: for at least 240 days in each of those 5 years,— being days during which the applicant was entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.
5: For the purposes of subsection (2)﻿(b), the Minister may treat the applicant as having been in New Zealand for any period within the period of 5 years immediately preceding the date of application for citizenship during which—
a: the applicant was in Crown service under the New Zealand Government; or
b: the applicant was outside New Zealand because the applicant was accompanying his or her spouse or civil union or de facto partner who was a New Zealand citizen in Crown service under the New Zealand Government.
6: For the purposes of subsection (4)﻿(b), the Minister may treat the applicant as having been present in the Cook Islands, Niue, or Tokelau for any period within the period of 5 years immediately preceding the date of the application for citizenship during which—
a: the applicant served in the public service of the Government of the Cook Islands, Niue, or Tokelau; or
b: the applicant was outside New Zealand because the applicant was accompanying his or her spouse or civil union or de facto partner who was a New Zealand citizen serving in the public service of the Cook Islands, Niue, or Tokelau.
7: If the Minister is satisfied in a particular case that there are exceptional circumstances particular to the applicant that would justify such a course, the Minister may accept the presence by the applicant for a lesser number of days as being sufficient compliance with—
a: the requirements of subsection (2)﻿(b), so long as the applicant—
i: was physically present in New Zealand for not less than 450 days during the 20-month period immediately preceding the date of the application for citizenship; and
ii: was entitled in terms of the Immigration Act 2009
b: the requirements of subsection (4)﻿(b), so long as the applicant—
i: was physically present in the Cook Islands, Niue, or Tokelau for not less than 450 days during the 20-month period immediately preceding the date of the application for citizenship; and
ii: was entitled to be in the Cook Islands, Niue, or Tokelau indefinitely during each of those 450 days.
8: The Minister may waive the requirement in subsection (2)﻿(e) if satisfied in a particular case that, because of the applicant's age or standard of education, or for any other reason personal to the applicant, the applicant would suffer undue hardship if compliance with the requirement of that provision were insisted upon.
9: For the purposes of subsection (2)﻿(f),—
a: the intention referred to in subsection (2)﻿(f)﻿(i) must be a continuing intention throughout the period from the date of application for citizenship until the date that the applicant becomes a citizen under section 12
b: the Minister may treat an applicant as intending to continue to reside in New Zealand if the applicant intends to accompany his or her New Zealand citizen spouse or civil union or de facto partner on Crown service for the New Zealand Government or public service for the Government of the Cook Islands, Niue, or Tokelau. Section 8 replaced 21 April 2005 section 7 Citizenship Amendment Act 2005 Section 8(2)﻿(a) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(2)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(3)﻿(a) replaced 29 November 2010 section 406(1) Immigration Act 2009 Section 8(3)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(7)﻿(a)﻿(ii) amended 29 November 2010 section 406(1) Immigration Act 2009
8A: Grant of citizenship to spouse of New Zealand citizen
Section 8A repealed 21 April 2005 section 7 Citizenship Amendment Act 2005
9: Grant of citizenship in special cases
1: Without limiting anything in section 8
a: who has not yet attained the age of 16 years; or
b: whose father or mother was, at the time of that person's birth, a New Zealand citizen by descent; or
c: if the Minister is satisfied that granting a certificate of New Zealand citizenship to the applicant would be in the public interest because of exceptional circumstances of a humanitarian or other nature relating to the applicant; or
d: if the person would otherwise be stateless.
2: In considering whether to authorise the grant of New Zealand citizenship to any person under subsection (1), the Minister—
a: may have regard to such of the requirements of section 8(2)
b: must have regard to the requirements of section 9A(1) Section 9 replaced 21 April 2005 section 7 Citizenship Amendment Act 2005
9A: Disqualifying convictions
1: Except as provided in subsection (2), the Minister must not authorise a grant of citizenship under section 8 section 9
a: the person was sentenced on conviction to—
i: a term of imprisonment of 5 years or more; or
ii: an indefinite term of imprisonment capable of running for 5 years or more; or
b: within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1
c: within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.
2: The Minister may however authorise a grant of citizenship to a person to whom subsection (1) applies and who otherwise meets the requirements of section 8 section 9
3: Nothing in this section limits the Minister's discretion to refuse a grant of citizenship if the Minister is not satisfied that the applicant is of good character. Section 9A inserted 21 April 2005 section 7 Citizenship Amendment Act 2005
9B: Minister may rescind approval at any time up until applicant becomes citizen
Notwithstanding that the Minister may have authorised a grant of citizenship under section 8 section 9 section 12 Section 9B inserted 21 April 2005 section 7 Citizenship Amendment Act 2005
10: Grant of citizenship as of right in certain cases
1: Notwithstanding anything in section 8 section 9
2: This section does not apply to a person who has previously been deprived of New Zealand citizenship by order under section 16 section 17 section 15 Section 10(2) inserted 10 December 2001 section 8 Citizenship Amendment Act (No 2) 2001
11: Minister may require oath or affirmation of allegiance to be taken
1: The Minister may, in such case or class of cases as the Minister thinks fit, make the grant of New Zealand citizenship conditional upon the applicant taking an oath of allegiance in the form specified in Schedule 1
2: Unless the Minister agrees otherwise, the oath or affirmation must be taken or made at a public citizenship ceremony. Section 11 replaced 21 April 2005 section 8 Citizenship Amendment Act 2005
12: Certificate of New Zealand citizenship
1: Where the Minister authorises the grant of New Zealand citizenship to any person, the Secretary shall issue to that person a certificate of New Zealand citizenship in the prescribed form.
2: A person to whom a certificate of New Zealand citizenship is issued under subsection (1) shall be a New Zealand citizen as from the specified date.
3: Where a certificate of New Zealand citizenship is issued to a person who is a New Zealand citizen by descent, he shall cease to have that status as from the specified date.
4: For the purposes of subsections (2) and (3) the specified date
a: in the case of a person required under section 11
b: in every other case, the date specified in the certificate. 1948 No 18 ss 11, 14 Transitional provisions relating to citizenship
13: Existing rights of citizenship protected
1: Notwithstanding the repeal of the British Nationality and New Zealand Citizenship Act 1948 section 30
2: Notwithstanding subsection (1), a person who, by virtue of the British Nationality and New Zealand Citizenship Act 1948
3: Without limiting subsection (1) or subsection (2), but subject to subsection (4), every person born outside New Zealand on or after 1 January 1949 but before 1 January 1978 shall be a New Zealand citizen by descent if—
a: in any case, his father was a New Zealand citizen at the time of that person's birth; or
b: in the case of a person born on or after 1 January 1970 (being the date of the commencement of the Status of Children Act 1969
4: A person shall not be a New Zealand citizen by virtue of subsection (3) if that person's relevant parent was a New Zealand citizen by descent only, unless—
a: that person or his relevant parent was born in a protectorate, protected State, mandated territory, or trust territory, or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means Her Majesty then had jurisdiction over British subjects; or
b: in the case of a person born in a place other than a place mentioned in paragraph (a), his birth or citizenship by descent
c: the relevant parent of that person was, at the time of the person's birth, in Crown service under the New Zealand Government. Section 13(4)﻿(b) amended 18 November 1992 section 9 Citizenship Amendment Act 1992
14: Applications made under British Nationality and New Zealand Citizenship Act 1948 may be proceeded with under this Act
If a person has, before the commencement of this Act,—
a: applied for registration as a New Zealand citizen; or
b: given notice of his intention to apply for a certificate of naturalisation; or
c: applied for a certificate of naturalisation— in accordance with the provisions of the British Nationality and New Zealand Citizenship Act 1948 Loss of citizenship
15: Renunciation of citizenship
1: A New Zealand citizen who has attained the age of 18 years and is of full capacity and who is recognised by the law of another country as a citizen of that country may, at any time, make a declaration of renunciation of his New Zealand citizenship in the prescribed manner.
2: Subject to subsection (3), the Minister shall cause every declaration made under subsection (1) to be registered in the prescribed manner, and, as from the date of that registration, the declarant shall cease to be a New Zealand citizen.
3: The Minister may decline to register a declaration of renunciation if—
a: the declarant is
b: a state of war exists between New Zealand and any other country.
4: A person who has ceased to be a New Zealand citizen under this section may regain New Zealand citizenship only by way of a grant of citizenship under section 8 section 8A section 9 1948 No 15 s 21 Section 15(3)﻿(a) amended 21 April 2005 section 9 Citizenship Amendment Act 2005 Section 15(4) inserted 10 December 2001 section 9 Citizenship Amendment Act (No 2) 2001
16: Deprivation of New Zealand citizenship
in special cases Subject to section 19
a: acquired the nationality or citizenship of another country by any voluntary and formal act,
b: voluntarily exercised any of the privileges or performed any of the duties of another nationality or citizenship possessed by him in a manner that is contrary to the interests of New Zealand. 1948 No 15 s 22 Section 16 heading amended 21 April 2005 section 10(1) Citizenship Amendment Act 2005 Section 16(a) amended 21 April 2005 section 10(2) Citizenship Amendment Act 2005
17: Deprivation of New Zealand citizenship in case of fraud, etc
1: This section applies to a New Zealand citizen who has acquired that citizenship—
a: by registration under the British Nationality and New Zealand Citizenship Act 1948
b: by naturalisation under that Act; or
c: by grant under this Act or the Citizenship (Western Samoa) Act 1982
2: Subject to section 19 grant, or any grant requirement
3: The Minister may not deprive a person of New Zealand citizenship under subsection (2) if—
a: the citizenship was acquired by mistake; and
b: to deprive the person of that citizenship would leave the person stateless. 1948 No 15 s 23 Section 17(1)﻿(c) amended 15 September 1982 section 10 Citizenship (Western Samoa) Act 1982 Section 17(2) amended 21 April 2005 section 11(1) Citizenship Amendment Act 2005 Section 17(3) inserted 21 April 2005 section 11(2) Citizenship Amendment Act 2005
18: Effect of order
A person in respect of whom an order is made under section 16 section 17
19: Court review of grounds for depriving person of citizenship
1: Before making an order under section 16 section 17
a: stating that he intends to make such an order; and
b: citing the section of this Act under which he considers that he has grounds to make such an order; and
c: specifying the grounds on which he intends to make such an order; and
d: advising the person of his right to have the matter reviewed by the court in accordance with the succeeding provisions of this section.
2: Every person upon whom a notice is served under subsection (1) may, within 28 days after it is served on him, apply to the High Court section 17
3: Notwithstanding any of the foregoing provisions of this section, in any case where the whereabouts of the person concerned are unknown or for any other reason service on him of a notice under this section is not practicable, the Minister may apply to the court for the dispensing of the requirement to serve notice; and, in such a case, if the court dispenses with that requirement, it shall proceed to consider the merits of the case, in accordance with the provisions of this section, as if the person concerned had applied to the court for a declaration of the kind referred to in subsection (2).
4: Where the court makes such a declaration, the Minister shall not thereafter, without fresh cause, make an order under section 16 section 17
5:
6: Subject to the succeeding provisions of this section, the procedure in respect of an application under this section shall be in accordance with the rules of court.
7: When hearing any application under this section the court may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal justly with the application before it, whether or not the same would be otherwise admissible in proceedings before the court.
8: Where the court is satisfied that it is desirable to do so by reason of the confidential nature of any evidence submitted or to be submitted to it in respect of any application under this section, the court may, of its own motion or on the application of any party to the proceedings,—
a: take or hear the evidence in private:
b: make an order prohibiting the publication of any report or account of the whole or any part of any such evidence (whether heard or taken in public or private).
9: The determination of the High Court on any such application shall be final. 1948 No 15 s 23(6), (7) SR 1949/121 Section 19(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 19(5) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 19(9) inserted 15 August 1991 section 3(4) Judicature Amendment Act 1991
20: Saving of obligations incurred before loss of citizenship, etc
A person who ceases to be a New Zealand citizen shall not thereby be discharged from any obligation, duty, or liability in respect of any act or thing done or omitted to be done before he ceased to be a New Zealand citizen. 1948 No 15 s 25 Miscellaneous provisions relating to citizenship
21: Evidentiary certificates
1: Any person who wishes to obtain confirmation of whether he or she is or is not a New Zealand citizen may apply to the Minister in the prescribed manner for a certificate confirming the person's status in that respect.
2: The Minister shall, if satisfied that any such person is or is not a New Zealand citizen, issue a certificate to that effect.
3: A certificate issued under this section shall, unless it is proved that the issue of the certificate was procured by fraud, false representation, or the wilful concealment of relevant information, or was the result of administrative error, be evidence that the person named in the certificate was or was not, on the date on which the certificate was issued, a New Zealand citizen, but without prejudice to any evidence that he or she was or was not a New Zealand citizen at an earlier date. Section 21 replaced 18 November 1992 section 10 Citizenship Amendment Act 1992
22: Minister may delegate functions and powers to overseas representatives
1: The Minister may from time to time, by writing under his hand, authorise any New Zealand overseas representative in any country to perform and exercise in that country any of the Minister's functions and powers under this Part.
2: In the performance or exercise of any such functions or powers, the New Zealand overseas representative shall act in accordance with all directions in that behalf given to him by the Minister, whether generally or in a particular case.
3: Any authority and any directions under this section may be given to a specified person, or to the holder for the time being of a specified office. 1948 No 15 s 10
2: Miscellaneous provisions
23: Capacity as to property
1: Subject to subsection (2) and to any other enactment, every person who is not a New Zealand citizen shall be entitled to take, acquire, hold, and dispose of real or personal property in the same manner in all respects as if he were a New Zealand citizen.
2: Subsection (1) shall not—
a: qualify an alien for any office, or for any parliamentary or other franchise, for which he is not otherwise qualified:
b: qualify an alien to be the owner of a ship registered in New Zealand, or of a share in any such ship:
c: entitle an alien to acquire property without any consent required under the Overseas Investment Act 2005
d: entitle a person to any right or privilege as a New Zealand citizen, except the rights and privileges conferred on him in respect of property by that subsection. 1948 No 28 s 3 Section 23(2)﻿(c) replaced 25 August 2005 section 75 Overseas Investment Act 2005
24: General provisions as to certificates and other documents
1: For the purposes of this section the term document section 25(1)
2: No person shall alter or deface a document otherwise than pursuant to this Act.
3: Every person to whom a document is or has been issued shall, on the expiry or revocation of the document, or of the exemption or condition or status evidenced by it, deliver the document to the Secretary.
4: If a document that has been damaged to the extent that it is no longer legible is returned to the Secretary, or if the Secretary is satisfied that a document has been destroyed, lost, or stolen, the Secretary shall, upon application by the person to whom the document was issued and upon payment of the prescribed fee, issue a duplicate of the document.
25: Evidence
1: Every document purporting to be a notice, certificate, or declaration, or an entry in a register, or a subscription of an oath of allegiance given, granted, or made under this Act, the British Nationality and Status of Aliens (in New Zealand) Act 1923 or any enactment repealed by that Act, the British Nationality and Status of Aliens (in New Zealand) Act 1928, or the Registration of Aliens Act 1917, or any enactment repealed by section 30
2: Evidence of any document to which subsection (1) applies may be given by production of a document purporting to be certified as a true copy thereof by such person and in such manner as may be prescribed.
3: Any entry in a register made under this Act or any other Act referred to in subsection (1) shall be received as evidence of the matters stated in the entry.
4: For the purposes of this Act, a certificate given by or on behalf of the Minister that a person was at any time in Crown service under the New Zealand Government shall be conclusive evidence of that fact. 1948 No 15 s 30
26: Discovery of documents held under this Act
1: Notwithstanding section 17 section 27
2: Subsection (1) does not apply to proceedings relating to any matter arising under this Act to which the Crown is a party.
26A: Disclosure of citizenship information to certain
1: The purpose of this section is to authorise the disclosure of citizenship information to certain
2: The Secretary and the chief executive of an agency Schedule 4 the agency
3: For the purposes of subsection (2), an agreement made in relation to citizenship information to be used to verify whether a person is eligible to hold a New Zealand passport, must be entered into by the Secretary in his or her capacity as the holder of citizenship information with himself or herself in the capacity as the holder of information under the Passports Act 1992
4: An agreement entered into under subsection (2) may be varied by the Secretary and the chief executive.
5: The Secretary may disclose citizenship information to the chief executive only in accordance with Schedule 4
5A: Despite anything in this section, the Secretary may disclose information about a person's citizenship status or the citizenship status of a person's parent or parents to the Registrar-General appointed under section 124(1)
5B: On or after 1 December 2020, no information may be supplied under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an information matching agreement entered into under subpart 4
c: an approved information sharing agreement entered into under subpart 1
6: In this section, citizenship information
a: means information held by the Secretary that relates to the acquisition or loss of citizenship by, or the citizenship status of, any person; and
b: includes information as to any change of identity or gender. Section 26A inserted 27 September 2001 section 3 Citizenship Amendment Act 2001 Section 26A heading amended 1 December 2020 section 190 Privacy Act 2020 Section 26A(1) amended 1 December 2020 section 190 Privacy Act 2020 Section 26A(2) amended 1 December 2020 section 190 Privacy Act 2020 Section 26A(5A) inserted 21 April 2005 section 12(2) Citizenship Amendment Act 2005 Section 26A(5A) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 26A(5B) inserted 1 December 2020 section 190 Privacy Act 2020 Section 26A(6) replaced 1 December 2020 section 190 Privacy Act 2020
26B: Access to information for citizenship purposes
1: The Secretary and the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009 chief executive Immigration Act 2009
a: citizenship investigations and the accurate assessment of applications for a grant of citizenship; or
b: determining whether a person is a New Zealand citizen by birth.
2: An agreement entered into under subsection (1) may be varied by the Secretary and the chief executive.
3: Before entering into an agreement under subsection (1), or varying an agreement under subsection (2), the Secretary and the chief executive must consult with the Privacy Commissioner on the terms of the agreement or variation.
4: The Privacy Commissioner may require the Secretary and the chief executive to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.
5: For citizenship purposes, the Secretary or designated officers of the Department of Internal Affairs may access information held by the chief executive only in accordance with an agreement entered into under this section. Section 26B inserted 21 April 2005 section 13 Citizenship Amendment Act 2005 Section 26B(1) amended 29 November 2010 section 406(1) Immigration Act 2009
26C: Access to information for purposes of Identity Information Confirmation Act 2012
Nothing in this Act limits access to information that is recorded under this Act if the access is for the purposes of, and in accordance with, the Identity Information Confirmation Act 2012 Section 26C inserted 19 December 2012 section 22 Identity Information Confirmation Act 2012
26D: Provision of information to Government Statistician
Nothing in this Act limits or prevents the provision of information recorded under this Act to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022 Section 26D inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
27: Offences and penalties
1: Every person commits an offence, and is liable on conviction
a: for the purpose of procuring anything to be done or not to be done under this Act,—
i: makes any statement that he or she knows to be false in a material particular; or
ii: recklessly makes any statement that is false in a material particular; or
b: knowingly or recklessly submits false or forged documents to support a citizenship application; or
c: in contravention of section 24
i: alters or defaces a document; or
ii: fails to deliver a document; or
d: knowingly or recklessly lends or parts with a document (as defined in section 24(1)
e: knowingly resists, obstructs, or deceives any person who is exercising or attempting to exercise any function or power imposed or conferred under this Act.
2: Every person commits an offence, and is liable on conviction
a: records, deletes, or alters any entry in a citizenship register or database; or
b: takes a citizenship document (including any blank certificate) from where it is officially kept; or
c: issues a citizenship document to a person who has no lawful entitlement to the document. Section 27 replaced 21 April 2005 section 14 Citizenship Amendment Act 2005 Section 27(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 27(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
28: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing anything that under this Act is to be prescribed:
b: providing for the registration of anything required or authorised under this Act to be registered:
c: providing for the administration and taking of oaths of allegiance under this Act, prescribing the time within which oaths of allegiance shall be taken, and providing for the registration of oaths of allegiance:
d: providing for the giving of any notice required or authorised to be given to any person under this Act:
e: providing for the cancellation and amendment of certificates of naturalisation and certificates of New Zealand citizenship, and for the cancellation of the registration of such certificates, relating to persons deprived of New Zealand citizenship under this Act, and providing for the surrender of such certificates by such persons:
f: providing for the registration, by officers in the service of the New Zealand Government,—
i: of the births and deaths of persons of any class or description born or dying in any Commonwealth country, or in a protected State, or in any foreign country:
ii: of citizenship by descent of persons born in any Commonwealth country, or in a protected State, or in any foreign country:
g: enabling the births and deaths, and the citizenship by descent, of New Zealand citizens and British protected persons to be registered in any country in which the New Zealand Government has for the time being no overseas representatives—
i: by persons serving in the diplomatic, consular, or other foreign service of any country that, by arrangement with the New Zealand Government, has undertaken to represent that Government's interests in that country; or
ii: by any person authorised in that behalf by the Governor-General:
h: providing for the keeping of records, registers, and indexes for the purposes of this Act, and enabling persons to inspect and make copies of any entry in any such record, register, or index:
i: prescribing the fees payable, or the rate at which fees are to be calculated, and providing for the recovery and application of such fees,
i: any application made under this Act:
ii: the registration of any document under this Act:
iii: the making of any declaration under this Act:
iv: the taking of an oath of allegiance under this Act:
v: the grant of any certificate under this Act:
vi: the issue of any copy (whether certified or not) of any notice, certificate, order, declaration, or entry given, granted, or made under this Act:
vii: the inspection of any record, register, or index kept under this Act:
viia: the giving of written advice or the provision of written information, by or on behalf of the Secretary and whether generally or in relation to a particular case, in respect of all or any of the following:
A: the eligibility of any person for citizenship by descent:
B: the acquisition by any person of citizenship:
C: the status of any person under this Act:
viib: the issue of a certificate under section 7(3)
viii: any other matter arising under this Act:
j:
k: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and prescribing the amount of any fine that may be imposed in respect of any such offence, being an amount not exceeding $200 and, where the offence is a continuing one, a further amount not exceeding $20 for every day during which the offence has continued:
l: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.
2: Every fee prescribed by or under regulations made under this section shall be reasonable, having regard to the costs and expenses incurred and borne by or on behalf of the Secretary in respect of the matter for which the fee is payable.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28(1)﻿(f) replaced 18 November 1992 section 12(1) Citizenship Amendment Act 1992 Section 28(1)﻿(g) replaced 18 November 1992 section 12(1) Citizenship Amendment Act 1992 Section 28(1)﻿(h) replaced 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 28(1)﻿(i) amended 18 November 1992 section 12(2) Citizenship Amendment Act 1992 Section 28(1)﻿(i)﻿(viia) inserted 18 November 1992 section 12(3) Citizenship Amendment Act 1992 Section 28(1)﻿(i)﻿(viib) inserted 18 November 1992 section 12(3) Citizenship Amendment Act 1992 Section 28(1)﻿(j) repealed 1 September 1995 section 96 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 28(2) inserted 18 November 1992 section 12(4) Citizenship Amendment Act 1992 Section 28(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Application of Act to Cook Islands, Niue, and Tokelau
1: Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 of the Cook Islands Constitution Amendment Act 1965) the Government of the Cook Islands has requested and consented to the enactment of a provision extending all of the provisions of this Act to the Cook Islands as part of the law of the Cook Islands: Be it therefore enacted as follows: The provisions of this Act shall extend to the Cook Islands as part of the law of the Cook Islands.
2: Amendment(s) incorporated in the Act(s)
3: The provisions of this Act shall be in force in Tokelau.
30: Repeals, consequential amendments, and revocation
1: The enactments specified in Schedule 2
2: The enactments specified in Schedule 3
3: The Citizenship Deprivation Rules 1949 are hereby consequentially revoked.