Citizenship Amendment Act 2005

1: Title
1: This Act is the Citizenship Amendment Act 2005.
2: In this Act, the Citizenship Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
Section 2(1) ordinarily resident
4: Special provisions relating to parentage
1: Section 3(1) paragraph (a)
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 .
2: Section 3
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 1987
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 1987 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 of the Adoption Act 1955
3: Section 3
5A: In subsection 3(1)(a) de facto relationship section 2D of the Property (Relationships) Act 1976
a: the reference to 18 years in subsection (1)(a) of that section
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—
i: the person is under the guardianship of a court, and the court has on an application for the purpose consented to the relationship; or
ii: in the case of a person not under the guardianship of a court, the person's parents and guardians have consented to the relationship.
5: Citizenship by birth
1: Section 6 subsection (1)
1: Subject to subsection (2)
a: the person was born in New Zealand on or after l 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 1987
2: Section 6 subsection (3)
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.
3: Section 6
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)
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 1987
6: Citizenship by descent
Section 7 subsection (1)
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.
7: New sections substituted
The principal Act is amended by repealing sections 8 8A 9
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)
a: that the applicant is entitled in terms of the Immigration Act 1987
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 1987
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: requirements have been imposed under the Immigration Act 1987
b: those requirements have not been met in full or cancelled at the time of the person's application for citizenship.
4: The Minister may, after consultation with the Minister of Immigration,—
a: waive the requirement in subsection (2)(a)
b: waive the requirement in subsection (2)(b)
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)
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)
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)
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 1987
b: the requirements of subsection (4)(b)
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)
9: For the purposes of subsection (2)(f)
a: the intention referred to in subsection (2)(f)(i) 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.
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)
a: may have regard to such of the requirements of section 8(2) section 8(3) to (9)
b: must have regard to the requirements of section 9A(1) section 9A(2) and (3)
9A: Disqualifying convictions
1: Except as provided in subsection (2) section 8 or 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 of the Parole Act 2002
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) section 8 or 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.
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 or section 9 section 12
8: New section substituted
The principal Act is amended by repealing section 11
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.
9: Renunciation of citizenship
Section 15(3)(a) ordinarily
10: Deprivation of New Zealand citizenship in special cases
1: The heading of section 16 on acquisition of other citizenship, etc in special cases
2: Section 16(a) other than marriage,
11: Deprivation of New Zealand citizenship in case of fraud, etc
1: Section 17(2) or grant grant, or any grant requirement
2: Section 17
3: The Minister may not deprive a person of New Zealand citizenship under subsection (2)
a: the citizenship was acquired by mistake; and
b: to deprive the person of that citizenship would leave the person stateless.
12: Disclosure of citizenship information to certain specified agencies for certain purposes
1: Section 26A(6) citizenship information ; and includes information as to any change of identity or gender
2: Section 26A subsection (5)
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 79(1) of the Births, Deaths, and Marriages Registration Act 1995
13: New section inserted
The principal Act is amended by inserting, after section 26A
26B: Access to information for citizenship purposes
1: The Secretary and the chief executive of the Department of Labour (the chief executive Immigration Act 1987
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)
3: Before entering into an agreement under subsection (1) subsection (2)
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.
14: New section substituted
The principal Act is amended by repealing section 27
27: Offences and penalties
1: Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine not exceeding $15,000, or both, who—
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 on indictment to imprisonment for a term not exceeding 10 years or a fine not exceeding $50,000, or both, who, knowingly and without reasonable excuse,—
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.
15: Schedule 4 amended
Schedule 4 Specified agency Purpose Registrar-General appointed under section 79(1) Births, Deaths, and Marriages Registration Act 1995 For the Registrar-General to be satisfied whether or not a person is a New Zealand citizen
16: Amendments to other Acts
The Acts set out in the Schedule are amended in the manner indicated in that schedule. Transitional provision
17: Transitional provisions in relation to applications for citizenship
1: Nothing in new sections 8 9 9A 9B sections 8 8A 9
2: An application for a grant of citizenship made during the 5-year period commencing with the date of commencement of this Act by a person of a kind described in subsection (3) sections 8 9 9A 9B
a: subsections (2)(b), (4)(b) and (7) of the new section 8
b: there were substituted for those provisions subsections (2)(a), and (4) of the former section 8
c: subsections (5) and (6) of the new section 8 section 8(2)(a)
d: for the purposes of the former section 8(2)(a) (4) ordinarily resident in New Zealand—
i: includes time spent in New Zealand before the commencement of the Immigration Act 2009
ii: does not include any time during which the person was unlawfully in New Zealand.
3: Subsection (2)
a: before the date of commencement of this Act was entitled in terms of the Immigration Act 1987
b: became so entitled on or after the date of commencement of this Act pursuant to an application made under the Immigration Act 1987 Immigration Act 2009
4: In this section,— former new section 7 Section 17(2)(d)(i) substituted 29 November 2010 section 406(1) Immigration Act 2009 Section 17(3)(b) substituted 29 November 2010 section 406(1) Immigration Act 2009