In this Act, unless the context otherwise requires,—
Alien means a person who does not have the status of a New Zealand citizen, a Commonwealth citizen (British subject), a British protected person, or an Irish citizen
Armed Forces has the meaning given to it by section 2 of the Defence Act 1990
Armed Forces: this definition was inserted, as from 18 November 1992, by section 2(2) Citizenship Amendment Act 1992 (1992 No 104).
Crown service under the New Zealand Government means the service of the Crown under the Government of New Zealand or under the Government of a New Zealand mandated territory or New Zealand trust territory, whether that service is in any part of Her Majesty's realms and territories or elsewhere; and includes employment in any of the State Services, as that term is defined in section 2 of the State Sector Act 1988
Crown service under the New Zealand Government: this definition was amended, as from 18 November 1992, by section 2(1) Citizenship Amendment Act 1992 (1992 No 104) by substituting the words “State Sector Act 1988” for the words “State Services Act 1962”.
Employee has the meaning given to it by section 2 of the State Sector Act 1988, except that it includes—
(a)
Any chief executive; and
(b)
[Repealed]
Employee: this definition was inserted, as from 18 November 1992, by section 2(2) Citizenship Amendment Act 1992 (1992 No 104).
Employee: paragraph (b) of this definition was repealed, as from 25 January 2005, by section 19(1) State Sector Amendment Act (No 2) 2004 (2004 No 114).
Minister means the Minister of Internal Affairs
New Zealand includes the Cook Islands, Niue, Tokelau, and the Ross Dependency
New Zealand overseas representative means a diplomatic or consular representative for New Zealand or a representative of the Government of New Zealand in any other country; and includes a High Commissioner for New Zealand in any other country
Ordinarily resident
[Repealed]
Ordinarily resident: this definition was inserted, as from 18 November 1992, by section 2(2) Citizenship Amendment Act 1992 (1992 No 104).
Ordinarily resident: this definition was repealed, as from 21 April 2005, by section 3 Citizenship Amendment Act 2005 (2005 No 43).
Prescribed means prescribed by regulations made under this Act or by the Minister
Protected state means a Majesty by Order in Council to be a protected state for the purposes of the British Nationality Act 1948 (UK); and includes the New Hebrides and Canton Island
Protectorate means a State or territory that is declared by Her Majesty by Order in Council to be a protectorate for the purposes of the British Nationality Act 1948 (UK)
Secretary means the Secretary for Internal Affairs.
(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.
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 one or more of the types of evidence specified by section 8 of the Status of Children Act 1969;—
and (but without limiting subsection (2) of this section) the term father, when used in this Act, shall be construed accordingly.
(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; or
(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; or
(b)
He or she has been adopted by that citizen, outside New Zealand, by an adoption to which section 17 of the Adoption Act 1955 applies, and either—
(i)
That adoption took place before the commencement of the Citizenship Amendment Act 1992; or
(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, and parent, when used in this Act, shall be construed accordingly:
(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 of the Adoption Act 1955 (or in accordance with the law relating to the discharge of adoption orders in Niue, Tokelau, or the Cook Islands), the person shall cease to be deemed to be the child of that citizen.
(2A)
Nothing in the Adoption Act 1955 shall confer on a person who has been adopted by a New Zealand citizen in circumstances other than those specified in subsection (2) of this section any greater right to New Zealand citizenship than that person would have had if that person had not been adopted.
(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, by a person who, at the time of the adoption, is entitled in terms of the Immigration Act 1987 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau; or
(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, by a person who, at the time of the adoption, is entitled in terms of the Immigration Act 1987 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau,—
and, in any such case,—
(c)
the terms father, mother, and parent, when used in this Act, are to be construed accordingly, and
(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, or in accordance with the law relating to the discharge of adoption orders in the Cook Islands, Niue, or Tokelau, the person ceases to be deemed to be the child of the person entitled to be in New Zealand indefinitely.
(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, the 1st day of January 1949, the status or description that would have been applicable to the parent had he or she died on or after the 1st day of 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, the 1st day of 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 3(1)(a), de facto relationship has the same meaning as in section 2D of the Property (Relationships) Act 1976, except that—
(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—
(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.
(6)
In subsection (2)(ba), Contracting State has the same meaning as in the Adoption (Intercountry) Act 1997.
Compare: 1948 No 15 ss 2(2), 26, 27; 1959 No 38 s 9; 1969 No 18 s 12(2)
Subsection (1)(a) was substituted, as from 21 April 2005, by section 4(1) Citizenship Amendment Act 2005 (2005 No 43).
Subsection (2) was substituted, as from 18 November 1992, by section 3 Citizenship Amendment Act 1992 (1992 No 104).
Subsection (2)(aa) was inserted, as from 10 December 2001, by section 3(1) Citizenship Amendment Act (No 2) 2001 (2001 No 95).
Subsection (2) was amended, as from 10 December 2001, by section 3(2) Citizenship Amendment Act (No 2) 2001 (2001 No 95), by inserting in the proviso, after the words “Adoption Act 1955”, the words “(or in accordance with the law relating to the discharge of adoption orders in Niue, Tokelau, or the Cook Islands)”.
Subsection (2)(ba) was inserted, as from 1 January 1999, by section 29(1) Adoption (Intercountry) Act 1997 (1997 No 109). See clause 2 Adoption (Intercountry) Act Commencement Order 1998 (SR 1998/427).
Subsection (2A) was inserted, by section 3 Citizenship Amendment Act 1992 (1992 No 104).
Subsection (2B) was inserted, as from 21 April 2005, by section 4(2) Citizenship Amendment Act 2005 (2005 No 43).
Subsection (5A) was inserted, as from 21 April 2005, by section 4(3) Citizenship Amendment Act 2005 (2005 No 43).
Subsection (6) was inserted, as from 1 January 1999, by section 29(2) Adoption (Intercountry) Act 1997 (1997 No 109). See clause 2 Adoption (Intercountry) Act Commencement Order 1998 (SR 1998/427).
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 was inserted, as from 17 December 1985, by section 2 Citizenship Amendment Act 1985 (1985 No 169).
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 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 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.
(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 or the Consular Privileges and Immunities Act 1971 or in any other way, and neither of his parents was a New Zealand citizen; or
(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 of this Act, a person born outside New Zealand shall be deemed to be a New Zealand citizen otherwise than by descent if that person's father or mother is then—
(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 Act 1988; or
(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) on service overseas; or
(iv)
An officer or employee of the New Zealand Tourism Board (as established by the New Zealand Tourism Board Act 1991) on service overseas.
(5)
Despite section 7, a person is a New Zealand citizen by birth if—
(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 1987 or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.
Compare: 1948 No 15 s 6
Subsection (1) was substituted, as from 21 April 2005, by section 5(1) Citizenship Amendment Act 2005 (2005 No 43).
Subsection (3) was substituted, as from 21 April 2005, by section 5(2) Citizenship Amendment Act 2005 (2005 No 43).
Subsection (4) was inserted, as from 18 November 1992, by section 4(1) Citizenship Amendment Act 1992 (1992 No 104).
Subsection (4)(b)(i) was further amended, as from 1 July 1993, by section 2(3) Foreign Affairs Amendment Act 1993 (1993 No 48) by substituting the words “Foreign Affairs” for the words “External Relations”.
Subsection (4)(b)(iii) was substituted, as from 1 July 2003, by section 84 New Zealand Trade and Enterprise Act 2003 (2003 No 27).
Subsections (5) and (6) were inserted, as from 21 April 2005, by section 5(3) Citizenship Amendment Act 2005 (2005 No 43).
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 signed by the Secretary, or by a person authorised for the purpose by the Secretary, shall be sufficient evidence of the matters stated in the certificate.
(4)
The citizenship of any New Zealand citizen by descent that has lapsed before the commencement of the Citizenship Amendment Act 2000 is reinstated with effect from the time it lapsed.
Compare: 1948 No 15 s 7
Subsection (1) was substituted, as from 21 April 2005, by section 6 Citizenship Amendment Act 2005 (2005 No 43).
Subsection (2) was substituted, and subsection (3) was inserted, as from 18 November 1992, by section 5 Citizenship Amendment Act 1992 (1992 No 104).
Subsection (2) was amended, as from 8 April 2000, by section 3(1) Citizenship Amendment Act 2000 (2000 No 9) by substituting the figure “4” for the figure “2”.
Subsection (2) was substituted, as from 10 December 2001, by section 5 Citizenship Amendment Act (No 2) 2001 (2001 No 95).
Subsection (3) was inserted, as from 18 November 1992, by section 5 Citizenship Amendment Act 1992 (1992 No 104).
Subsection (4) was inserted, as from 8 April 2000, by section 3(2) Citizenship Amendment Act 2000 (2000 No 9).
