New Zealand nationality law
Encyclopedia
New Zealand citizenship (Raraunga Aotearoa in Māori
) was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date, New Zealanders were only British subject
s and New Zealand
had the same nationality legislation as the United Kingdom
and other Commonwealth
countries (see also British nationality law
).
The 1948 legislation was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. This was substantially amended in 2005 by the Citizenship (Amendment) Act 2005, in force from 21 April 2005.
The Citizenship Office of the Department of Internal Affairs is in charge of processing applications and enquiries relating to New Zealand citizenship.
On 1 January 1978, the Citizenship Act 1977 came into force. New Zealand passport
s no longer contained the status of 'British subject and New Zealand citizen', but instead only stated 'New Zealand citizen'. Foreign nationals who wanted to become New Zealand citizens were no longer naturalised, but rather received New Zealand citizenship by grant.
in 1840. Their status as British subjects was re-affirmed by the Native Rights Act 1865. However, despite their legal status as British subjects, in practice, over the next century, Māori would be denied the privileges which white British subjects
who moved to New Zealand from Britain enjoyed.
and Niue
became New Zealand territories in 1901, their inhabitants were already British subjects. In 1920, Tokelauans
became recognised as British subjects.
In 1920, New Zealand started governing Western Samoa under a mandate from the League of Nations
. The 1923 and 1928 British Nationality and Status of Aliens Acts passed by the New Zealand Parliament allowed for Western Samoans to be naturalised as British subjects and they were exempted from the usual requirement to understand and speak English.
When the British Nationality and New Zealand Citizenship Act 1948 came into effect on 1 January 1949, Cook Islanders, Niueans, Tokelauans and Western Samoans who were British subjects gained New Zealand citizenship.
When Western Samoa achieved independence from New Zealand
in 1962, the citizenship status of Western Samoans living in New Zealand became uncertain. As a result, many Western Samoans were staying in New Zealand illegally.
On 28 July 1982, following a stiff tightening of Pacific Island immigration by the Muldoon government
, in its interpretation of the 1923 and 1928 British Nationality and Status of Aliens Acts, the Privy Council
ruled that all Samoans born between 1924 and 1948, and their children, were British subjects and hence, on 1 January 1949, had become New Zealand citizens.
The Privy Council
ruling would have meant recognising over 100,000 Samoans as New Zealand citizens. Because the New Zealand Government was unwilling to grant New Zealand citizenship to such a large number of people, the New Zealand Parliament passed the Citizenship (Western Samoa) Act 1982 which overrode the Privy Council
ruling. Under this new law, Samoan citizens
who were in New Zealand at any point on 14 September 1982 (legally or illegally) or arrived in New Zealand as permanent residents after that date were eligible to be granted New Zealand citizenship, but other Samoans born before 1949 and their children were not.
This law has been controversial. A 2003 petition asking the New Zealand Parliament to repeal the Act attracted 100,000 signatures, and the Samoan rights group Mau Sitiseni filed a petition on the issue with the United Nations Human Rights Committee in 2007.
continued to be discriminated against and had to continuing pay the fee whilst all other applicants did not.
In 1908, Chinese people
in New Zealand were subjected to even more discrimination. They were denied any possibility for permanent residence and citizenship and were required to apply periodically for permission to remain in New Zealand. Despite being treated third-class citizens, during the Second World War, Chinese people
in New Zealand were forced to serve in the armed forces.
It was not until 1951 that Chinese people
were finally allowed by law to apply for permanent residence and citizenship again. However, in practice, they continued to be subject to discrimination. Out of the first 400 applicants who fulfilled the legal requirements for New Zealand citizenship and hence who applied for naturalisation, only 20 applicants who were deemed to be 'the most highly assimilated [and educated] types' were approved. In addition, whilst all other applicants for New Zealand citizenship did not have to renounce their former nationality, Chinese people
were required to renounce their Chinese citizenship and to demonstrate that they were ‘closer to the New Zealand way of life than to the Chinese'.
On 12 February 2002, Prime Minister
Helen Clark
made a formal apology in Parliament to the Chinese community in New Zealand for the discrimination they faced in the past. In her speech, she acknowledged the 'unacceptable' 'indignity' suffered by Chinese people in New Zealand as a result of 'discriminatory laws' passed by Parliament in the past relating to immigration and citizenship which applied to no other ethnic group.
The following responsibilities are expected of New Zealand citizens:
, New Zealand citizens are granted a Special Category Visa
on arrival in Australia (which permits residence and work for an indefinite period) as long as:
s, New Zealanders are afforded a number of privileges in some Commonwealth
countries.
In the United Kingdom
, New Zealand citizens enjoy the following privileges:
In many Commonwealth
countries in the Caribbean
, such as Belize
and Trinidad and Tobago
, New Zealand citizens who are long-term residents have the right to vote in elections.
New Zealand citizens who require consular assistance in a foreign country where there is no New Zealand foreign mission may be able to request assistance from a British embassy, high commission or consulate. For example, New Zealanders who need to travel urgently and whose passport has expired, been lost or been stolen can be issued with an emergency travel document by a British foreign mission as long as this has cleared with the New Zealand Ministry of Foreign Affairs and Trade
.
enjoy the privilege of visa-free access to over 166 countries and territories around the world, including the United States
and all European Union
member states.
For the purpose of acquiring citizenship, the Cook Islands
, Niue
, the Ross Dependency
and Tokelau
are treated as part of New Zealand
- hence, for example, a child born in Tokelau
to a Tokelauan permanent resident would qualify for New Zealand citizenship. However, for Samoan citizens
applying for a special grant of New Zealand citizenship, the Cook Islands
, Niue
, the Ross Dependency
and Tokelau
are not treated as part of New Zealand
.
s falling into the following categories:
For the purpose of passing on New Zealand citizenship to children born outside New Zealand, all such persons are New Zealand citizens by descent.
Similarly, all persons born or naturalised in New Zealand in 1949 or later are New Zealand citizens 'otherwise than by descent'.
Children born in New Zealand (or onboard a ship or aircraft registered in New Zealand) on or after 1 January 2006 will acquire New Zealand citizenship by birth only if at least one parent is a New Zealand citizen or permanent resident (including Australian citizens
). Children born to a parent who is a permanent resident of the Cook Islands
, Niue
or Tokelau
also qualify.
If a person is not a New Zealand citizen by birth, but is subsequently adopted in New Zealand by an adoption order under the terms of the Adoption Act 1955 on or after 1 January 2006 by a person entitled to reside indefinitely in New Zealand (i.e. a New Zealand citizen or permanent resident, an Australian citizen or permanent resident), the Cook Islands
, Niue
or Tokelau
), the person becomes a New Zealand citizen. The post-adoptive birth register entry will record that the person is a New Zealand citizen.
The following people are also New Zealand citizens by birth:
A person who is a New Zealand citizen by birth is a New Zealand otherwise than by descent, which means that he/she can pass New Zealand citizenship on to his/her children born overseas.
In order to claim their New Zealand citizenship, these people must register their citizenship by descent at the Citizenship Office.
A person born or adopted outside New Zealand between 1949 and 1977 with a mother who is a New Zealand citizen otherwise than by descent at the time of birth or the final adoption order is entitled to apply for a grant of New Zealand citizenship as of right (see below), rather than New Zealand citizenship by descent.
A person born to or adopted by a parent outside New Zealand who, at the time of birth or the final adoption order, was a New Zealand citizen (by descent or otherwise than by descent) working overseas for the public service or Armed Forces of New Zealand, the Cook Islands, Niue or Tokelau is considered to be a New Zealand citizen otherwise than by descent, rather than by descent.
If the child of a New Zealand citizen by descent born or adopted overseas does not qualify to register as a New Zealand citizen, he/she can be brought to live in New Zealand and subsequently granted New Zealand citizenship (see below).
New Zealand citizens by descent may apply for a grant of New Zealand citizenship (see below) after meeting the requirements. Upon this point, they become New Zealand citizens otherwise than by descent and can then pass on New Zealand citizenship to children born outside New Zealand.
).
A person granted New Zealand citizenship must usually attend a citizenship ceremony, unless he/she is under the age of 14, already a New Zealand citizen by descent or granted citizenship on the basis of birth outside New Zealand to a New Zealand citizen mother. At the ceremony, the person must make the following oath of allegiance, unless the Minister of Internal Affairs has waived this requirement:
A person who receives a grant of New Zealand citizenship is a New Zealand citizen otherwise than by descent, and so he/she can pass on New Zealand citizenship to his/her children born overseas.
To fulfil the residence requirement, an applicant for a grant of New Zealand citizenship must have been physically present and permanently resident in New Zealand during the 5 years preceding the date of application (time spent in New Zealand before the 5 year period is not relevant). A person who has been in New Zealand without a visa/permit during his/her residence period does not meet the requirements because "unlawful residence" is precluded in the Citizenship Act 1977. To fulfil the 5 year residence requirement, a person must have been physically present in New Zealand:
The Minister of Internal Affairs may use his/her discretion to reduce the residence requirement in exceptional circumstances to:
Note that physical presence and permanent residence during the 5 years (or 450 days in exceptional circumstances) must have been in New Zealand, the Cook Islands
, Niue
or Tokelau
- physical presence and permanent residence in the Ross Dependency
does not fulfil the residence requirements for a general grant of New Zealand citizenship.
Time spent outside New Zealand in Crown service under the New Zealand Government (or as the spouse, civil union or de facto partner of a New Zealand citizen in Crown service under the New Zealand Government overseas) may be considered as time spent in New Zealand. Similarly, time spent overseas in the public service of the Government of the Cook Islands, Niue or Tokelau (or as the spouse, civil union or de facto partner who was a New Zealand citizen serving overseas in the public service of Government of the Cook Islands, Niue or Tokelau) can count as time spent in New Zealand.
Previously, for applications before 21 April 2010, those present in New Zealand as permanent residents before 21 April 2005, or those who applied successfully for permanent residence before that date, were able to apply for New Zealand citizenship after three years of "ordinary residence" (this provision expired on 1 January 2010).
can apply for a special grant of New Zealand citizenship if:
Samoan citizens
do not need to meet the residence, intention, character, language and knowledge requirements that a person would generally need to fulfil to qualify for a grant of New Zealand citizenship.
Whilst the Citizenship Act 1977 defines 'New Zealand' as New Zealand, the Cook Islands
, Niue
, the Ross Dependency
and Tokelau
, the Citizenship (Western Samoa) Act 1982 defines 'New Zealand' to mean New Zealand only. Therefore, to apply for a special grant of New Zealand citizenship for Samoans, presence or indefinite immigration status in the Cook Islands, Niue, Ross Dependency and Tokelau does not count as presence or indefinite immigration status in New Zealand.
Alternatively, a child under the age of 16 at the time the Minister of Internal Affairs makes a decision can receive a special grant of New Zealand citizenship if he/she fulfils all of the following criteria:
Additionally, persons born outside New Zealand to or adopted by a mother who was a New Zealand citizen otherwise than by descent on or after 1 January 1949 and on or before 31 December 1977 are entitled to be granted New Zealand citizenship (i.e. the Minister of Internal Affairs cannot refuse the application of a person who qualifies for a grant of New Zealand citizenship in this way).
.
New Zealand citizenship was only granted to British subjects (exceptions could be made for married women and minors); therefore, New Zealanders who lost British subject status before 1949 were not necessarily entitled automatic New Zealand citizenship, so would have been required to apply for naturalisation.
The Minister of Internal Affairs may refuse to register the renunciation of New Zealand citizenship of a person if he/she is living in New Zealand or if a state of war exists between New Zealand and another country. The general practice is that if a New Zealand citizen is in New Zealand at the time of applying to renounce his/her citizenship, the Minister of Internal Affairs will only register the renunciation if the person would continue to reside in New Zealand lawfully following the renunciation (e.g. if he/she is also an Australian citizen or has a residence permit) or if the person will leave New Zealand permanently following the registration of the renunciation.
A person may become caught in a ‘catch-22’ situation: if he/she wants to become a citizen of his/her new country, but cannot until he/she has renounced his/her existing citizenship, he/she is unable to renounce their New Zealand citizenship and the Minister of Internal Affairs will not register the renunciation of his/her New Zealand citizenship, because the law specifies that a person must already have the citizenship of at least one other country at the time of applying for renunciation of New Zealand citizenship. Therefore, for example, an individual who only has New Zealand citizenship will never be able to apply for Singaporean citizenship
because once her Singaporean citizenship application has been approved, she must first renounce her existing nationality before she can attend a Singaporean citizenship ceremony and officially obtain Singaporean nationality.
A register of people who have renounced or have been deprived of New Zealand citizenship is kept by the Citizenship Office and any person is allowed to view it.
A New Zealand citizen by birth does not lose his/her citizenship by being adopted by a foreign parent/parents.
Maori language
Māori or te reo Māori , commonly te reo , is the language of the indigenous population of New Zealand, the Māori. It has the status of an official language in New Zealand...
) was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date, New Zealanders were only British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
had the same nationality legislation as the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and other Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries (see also British nationality law
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
).
The 1948 legislation was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. This was substantially amended in 2005 by the Citizenship (Amendment) Act 2005, in force from 21 April 2005.
The Citizenship Office of the Department of Internal Affairs is in charge of processing applications and enquiries relating to New Zealand citizenship.
History of New Zealand citizenship
In the mid-19th century, all 'aliens' (i.e. non-British subjects) were able to enter and live freely in the British Queen’s dominions (including New Zealand), although their property rights were restricted. French and German settlers complained about their inability to acquire property in New Zealand, and so, from 1844, aliens in New Zealand were able to become ‘natural born subjects of Her Majesty [Queen Victoria]’ through proclamations by the governor (which would later to confirmed by ordinances).On 1 January 1978, the Citizenship Act 1977 came into force. New Zealand passport
New Zealand passport
New Zealand passports are issued to New Zealand citizens for the purpose of international travel. The Department of Internal Affairs is responsible for issuing New Zealand passports.-History:...
s no longer contained the status of 'British subject and New Zealand citizen', but instead only stated 'New Zealand citizen'. Foreign nationals who wanted to become New Zealand citizens were no longer naturalised, but rather received New Zealand citizenship by grant.
Māori and New Zealand citizenship
Māori were granted ‘all the Rights and Privileges of British Subjects’ under Article 3 of the Treaty of WaitangiTreaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
in 1840. Their status as British subjects was re-affirmed by the Native Rights Act 1865. However, despite their legal status as British subjects, in practice, over the next century, Māori would be denied the privileges which white British subjects
New Zealand European
The term New Zealand European refers to New Zealanders of European descent who identify as New Zealand Europeans rather than some other ethnic group...
who moved to New Zealand from Britain enjoyed.
Pacific Islanders and New Zealand citizenship
When the Cook IslandsCook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
and Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
became New Zealand territories in 1901, their inhabitants were already British subjects. In 1920, Tokelauans
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
became recognised as British subjects.
In 1920, New Zealand started governing Western Samoa under a mandate from the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
. The 1923 and 1928 British Nationality and Status of Aliens Acts passed by the New Zealand Parliament allowed for Western Samoans to be naturalised as British subjects and they were exempted from the usual requirement to understand and speak English.
When the British Nationality and New Zealand Citizenship Act 1948 came into effect on 1 January 1949, Cook Islanders, Niueans, Tokelauans and Western Samoans who were British subjects gained New Zealand citizenship.
When Western Samoa achieved independence from New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
in 1962, the citizenship status of Western Samoans living in New Zealand became uncertain. As a result, many Western Samoans were staying in New Zealand illegally.
On 28 July 1982, following a stiff tightening of Pacific Island immigration by the Muldoon government
Third National Government of New Zealand
The Third National Government of New Zealand was the government of New Zealand from 1975 to 1984. It was an economically and socially conservative government, which aimed to preserve the Keynesian economic system established by the First Labour government while also being socially conservative...
, in its interpretation of the 1923 and 1928 British Nationality and Status of Aliens Acts, the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
ruled that all Samoans born between 1924 and 1948, and their children, were British subjects and hence, on 1 January 1949, had become New Zealand citizens.
The Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
ruling would have meant recognising over 100,000 Samoans as New Zealand citizens. Because the New Zealand Government was unwilling to grant New Zealand citizenship to such a large number of people, the New Zealand Parliament passed the Citizenship (Western Samoa) Act 1982 which overrode the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
ruling. Under this new law, Samoan citizens
Samoan nationality law
Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
who were in New Zealand at any point on 14 September 1982 (legally or illegally) or arrived in New Zealand as permanent residents after that date were eligible to be granted New Zealand citizenship, but other Samoans born before 1949 and their children were not.
This law has been controversial. A 2003 petition asking the New Zealand Parliament to repeal the Act attracted 100,000 signatures, and the Samoan rights group Mau Sitiseni filed a petition on the issue with the United Nations Human Rights Committee in 2007.
Chinese people and New Zealand citizenship
In 1866, the Aliens Act imposed a naturalisation fee of £1 on all immigrants to New Zealand who were perceived to be 'undesirable', which in effect meant most non-white immigrants. When this naturalisation fee was abolished in the 1890s, Chinese peopleChinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
continued to be discriminated against and had to continuing pay the fee whilst all other applicants did not.
In 1908, Chinese people
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
in New Zealand were subjected to even more discrimination. They were denied any possibility for permanent residence and citizenship and were required to apply periodically for permission to remain in New Zealand. Despite being treated third-class citizens, during the Second World War, Chinese people
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
in New Zealand were forced to serve in the armed forces.
It was not until 1951 that Chinese people
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
were finally allowed by law to apply for permanent residence and citizenship again. However, in practice, they continued to be subject to discrimination. Out of the first 400 applicants who fulfilled the legal requirements for New Zealand citizenship and hence who applied for naturalisation, only 20 applicants who were deemed to be 'the most highly assimilated [and educated] types' were approved. In addition, whilst all other applicants for New Zealand citizenship did not have to renounce their former nationality, Chinese people
Chinese people
The term Chinese people may refer to any of the following:*People with Han Chinese ethnicity ....
were required to renounce their Chinese citizenship and to demonstrate that they were ‘closer to the New Zealand way of life than to the Chinese'.
On 12 February 2002, Prime Minister
Prime Minister of New Zealand
The Prime Minister of New Zealand is New Zealand's head of government consequent on being the leader of the party or coalition with majority support in the Parliament of New Zealand...
Helen Clark
Helen Clark
Helen Elizabeth Clark, ONZ is a New Zealand political figure who was the 37th Prime Minister of New Zealand for three consecutive terms from 1999 to 2008...
made a formal apology in Parliament to the Chinese community in New Zealand for the discrimination they faced in the past. In her speech, she acknowledged the 'unacceptable' 'indignity' suffered by Chinese people in New Zealand as a result of 'discriminatory laws' passed by Parliament in the past relating to immigration and citizenship which applied to no other ethnic group.
In New Zealand
New Zealand citizens enjoy the following rights (subject to certain exceptions):- the right to enter and remain in New Zealand at any time without an immigration permit
- entitlement to a New Zealand passportNew Zealand passportNew Zealand passports are issued to New Zealand citizens for the purpose of international travel. The Department of Internal Affairs is responsible for issuing New Zealand passports.-History:...
and to New Zealand consular protection overseas - immunity from deportation
- entitlement to vote and stand for public office
- entitlement to leave New Zealand and return at any time without requiring a returning resident visa
- entitlement to pass on New Zealand citizenship by descent to children born outside New Zealand
- the right to purchase certain rural property
- full access to education rights, such as subsidised fees and scholarships
- ability to apply for public service jobs reserved for New Zealand citizens
- access to international sport (in some sports, international players must be citizens of the country they represent)
The following responsibilities are expected of New Zealand citizens:
- obey and promote the laws of New Zealand (including registration as a voter and fulfilment of tax obligations)
- not act in any way that is contrary to the interests of New Zealand
In Australia
By virtue of the Trans-Tasman Travel ArrangementTrans-Tasman Travel Arrangement
The Trans-Tasman Travel Arrangement is an informal agreement between Australia and New Zealand to allow for the free movement of citizens of one nation to the other.- Treaty history :...
, New Zealand citizens are granted a Special Category Visa
Special Category Visa
A Special Category Visa is a type of Australian visa granted to most New Zealand citizens on arrival in Australia. New Zealand Citizens may then reside in Australia indefinitely under the Trans-Tasman Travel Arrangement.- History :...
on arrival in Australia (which permits residence and work for an indefinite period) as long as:
- they present a valid New Zealand passportNew Zealand passportNew Zealand passports are issued to New Zealand citizens for the purpose of international travel. The Department of Internal Affairs is responsible for issuing New Zealand passports.-History:...
- they have no criminal convictions
- they have no untreated tuberculosisTuberculosisTuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...
- they have not been deported, excluded or removed from any country
In other Commonwealth countries
As Commonwealth citizenCommonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s, New Zealanders are afforded a number of privileges in some Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, New Zealand citizens enjoy the following privileges:
- the right to voteElections in the United KingdomThere are five types of elections in the United Kingdom: United Kingdom general elections, elections to devolved parliaments and assemblies, elections to the European Parliament, local elections and mayoral elections. Elections are held on Election Day, which is conventionally a Thursday...
in all elections (and the legal duty to register to vote) - the right to stand in all elections as long as they can stay in the UK indefinitely (e.g. those with indefinite leave to remainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
or the right of abodeRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
) - the right of abodeRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
(for those born before 1983 who meet the requirements) - access to the UK Ancestry Entry ClearanceUK Ancestry Entry ClearanceA UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom. It is used mainly by young Australians, New...
(for those with a grandparent born either in the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Channel IslandsChannel IslandsThe Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
or Isle of ManIsle of ManThe Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
at any time or in the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
on or before 31 March 1922) - access to the Youth Mobility Scheme (a working holiday visaWorking holiday visaA working holiday visa is a travel permit which allows travellers to undertake employment in the country issuing the visa for the purpose of supplementing their travel funds....
for those aged 18-30)
In many Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries in the Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
, such as Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
and Trinidad and Tobago
Trinidad and Tobago
Trinidad and Tobago officially the Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying just off the coast of northeastern Venezuela and south of Grenada in the Lesser Antilles...
, New Zealand citizens who are long-term residents have the right to vote in elections.
New Zealand citizens who require consular assistance in a foreign country where there is no New Zealand foreign mission may be able to request assistance from a British embassy, high commission or consulate. For example, New Zealanders who need to travel urgently and whose passport has expired, been lost or been stolen can be issued with an emergency travel document by a British foreign mission as long as this has cleared with the New Zealand Ministry of Foreign Affairs and Trade
New Zealand Ministry of Foreign Affairs and Trade
The New Zealand Ministry of Foreign Affairs and Trade is the New Zealand Government ministry responsible for promoting New Zealand's interests in trade and international relations....
.
In foreign countries
New Zealand citizens travelling on a New Zealand passportNew Zealand passport
New Zealand passports are issued to New Zealand citizens for the purpose of international travel. The Department of Internal Affairs is responsible for issuing New Zealand passports.-History:...
enjoy the privilege of visa-free access to over 166 countries and territories around the world, including the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and all European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
member states.
Acquisition of New Zealand citizenship
New Zealand citizenship can be acquired in the following ways:- Automatically on 1 January 1949 to certain British subjects with a connection to New Zealand
- : By birth in New Zealand on or after 1 January 2006 to a parent who is a New Zealand citizen or a New Zealand permanent resident at the time of the birth, or by birth in New Zealand on or before 31 December 2005 (with some exceptions)
- : By descent if born or adopted outside New Zealand and one of the parents (or adopted parent) is a New Zealand citizen otherwise than by descent (for example, by birth or by grant in New Zealand), although there are certain situations where a New Zealand citizen by descent can still pass New Zealand citizenship on to his/her children
- By grant: Either by fulfilling the general requirements or by qualifying for a special grant (e.g. as the child of a New Zealand citizen or as a qualifying Samoan citizenSamoan nationality lawSamoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
).
For the purpose of acquiring citizenship, the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, the Ross Dependency
Ross Dependency
The Ross Dependency is a region of Antarctica defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south...
and Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
are treated as part of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
- hence, for example, a child born in Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
to a Tokelauan permanent resident would qualify for New Zealand citizenship. However, for Samoan citizens
Samoan nationality law
Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
applying for a special grant of New Zealand citizenship, the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, the Ross Dependency
Ross Dependency
The Ross Dependency is a region of Antarctica defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south...
and Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
are not treated as part of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
.
New Zealand citizenship acquired on 1 January 1949
New Zealand citizenship was acquired on this date by British subjectBritish subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
s falling into the following categories:
- those born or naturalised in New Zealand
- those born in SamoaSamoaSamoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
- those ordinarily resident in New Zealand during all of 1948
- those with a father born or naturalised in New Zealand
- women married to men who became New Zealand citizens on 1 January 1949
For the purpose of passing on New Zealand citizenship to children born outside New Zealand, all such persons are New Zealand citizens by descent.
Similarly, all persons born or naturalised in New Zealand in 1949 or later are New Zealand citizens 'otherwise than by descent'.
New Zealand citizenship by birth
In general, any person born in New Zealand (or onboard a ship or aircraft registered in New Zealand) on or before 31 December 2005 is a New Zealand citizen by birth. The only exceptions are children who were born:- to a parent who, at the time of birth, was a foreign diplomat in New Zealand and had immunity from jurisdiction and neither parent was a New Zealand citizen
- on a ship or aircraft registered in another country, or on an unregistered ship or aircraft of a government of a foreign country
- to enemy alien parents (i.e. both father and mother were enemies and were not New Zealand, CommonwealthCommonwealth citizenA Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
or IrishIrish nationality lawIrish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
citizens or British protected personBritish protected personA British protected person is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories under British control...
s) in a place occupied by the enemy - though this situation has never occurred
Children born in New Zealand (or onboard a ship or aircraft registered in New Zealand) on or after 1 January 2006 will acquire New Zealand citizenship by birth only if at least one parent is a New Zealand citizen or permanent resident (including Australian citizens
Australian nationality law
Australian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
). Children born to a parent who is a permanent resident of the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
or Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
also qualify.
If a person is not a New Zealand citizen by birth, but is subsequently adopted in New Zealand by an adoption order under the terms of the Adoption Act 1955 on or after 1 January 2006 by a person entitled to reside indefinitely in New Zealand (i.e. a New Zealand citizen or permanent resident, an Australian citizen or permanent resident), the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
or Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
), the person becomes a New Zealand citizen. The post-adoptive birth register entry will record that the person is a New Zealand citizen.
The following people are also New Zealand citizens by birth:
- All children born in New Zealand on or after 1 January 1978 who would otherwise be statelessStateless- Society :* Anarchy* Stateless communism, which Karl Marx predicted would follow capitalism and socialism* Stateless nation, a group of people without a nation-state* Stateless society, a society that is not governed by a state...
- TokelauanTokelauTokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
s born in SamoaSamoaSamoa , officially the Independent State of Samoa, formerly known as Western Samoa is a country encompassing the western part of the Samoan Islands in the South Pacific Ocean. It became independent from New Zealand in 1962. The two main islands of Samoa are Upolu and one of the biggest islands in...
on or after 21 April 2005 for medical reasons - Children born on or after 21 April 2005 and found in New Zealand with unknown parents
A person who is a New Zealand citizen by birth is a New Zealand otherwise than by descent, which means that he/she can pass New Zealand citizenship on to his/her children born overseas.
New Zealand citizenship by descent
The following persons born or adopted outside New Zealand qualify to become New Zealand citizens by descent:- those between 1949 and 1977 with a father who is a New Zealand citizen otherwise than by descent at the time of birth or the final adoption order
- those on or after 1 January 1978 with a parent who is a New Zealand citizen otherwise than by descent at the time of birth or the final adoption order
- those born on or after 1 January 1978 with a parent who is a New Zealand citizen by descent at the time of birth or the final adoption order who would otherwise be statelessStateless- Society :* Anarchy* Stateless communism, which Karl Marx predicted would follow capitalism and socialism* Stateless nation, a group of people without a nation-state* Stateless society, a society that is not governed by a state...
In order to claim their New Zealand citizenship, these people must register their citizenship by descent at the Citizenship Office.
A person born or adopted outside New Zealand between 1949 and 1977 with a mother who is a New Zealand citizen otherwise than by descent at the time of birth or the final adoption order is entitled to apply for a grant of New Zealand citizenship as of right (see below), rather than New Zealand citizenship by descent.
A person born to or adopted by a parent outside New Zealand who, at the time of birth or the final adoption order, was a New Zealand citizen (by descent or otherwise than by descent) working overseas for the public service or Armed Forces of New Zealand, the Cook Islands, Niue or Tokelau is considered to be a New Zealand citizen otherwise than by descent, rather than by descent.
If the child of a New Zealand citizen by descent born or adopted overseas does not qualify to register as a New Zealand citizen, he/she can be brought to live in New Zealand and subsequently granted New Zealand citizenship (see below).
New Zealand citizens by descent may apply for a grant of New Zealand citizenship (see below) after meeting the requirements. Upon this point, they become New Zealand citizens otherwise than by descent and can then pass on New Zealand citizenship to children born outside New Zealand.
New Zealand citizenship by grant
To receive a grant of New Zealand citizenship, a person must either fulfil the general requirements or qualify for a special grant (e.g. as the child of a New Zealand citizen or as a qualifying Samoan citizenSamoan nationality law
Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
).
A person granted New Zealand citizenship must usually attend a citizenship ceremony, unless he/she is under the age of 14, already a New Zealand citizen by descent or granted citizenship on the basis of birth outside New Zealand to a New Zealand citizen mother. At the ceremony, the person must make the following oath of allegiance, unless the Minister of Internal Affairs has waived this requirement:
- I, [Full name], swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of New Zealand, Her heirs and successors, according to law, and that I will faithfully observe the laws of New Zealand and fulfil my duties as a New Zealand citizen. So help me God.
A person who receives a grant of New Zealand citizenship is a New Zealand citizen otherwise than by descent, and so he/she can pass on New Zealand citizenship to his/her children born overseas.
General grant of New Zealand citizenship
A person (including a New Zealand citizen by descent) can apply for a general grant of New Zealand citizenship if he/she fulfils the following criteria:- he/she is entitled to be in New Zealand indefinitely (i.e. a New Zealand citizen by descent, a New Zealand permanent residentNew Zealand permanent residencyNew Zealand permanent residents are residents of New Zealand who hold permanent residency visas but are not citizens of New Zealand.Holders of permanent residency visas may remain in New Zealand indefinitely. A 2-year initial Resident Visa, which corresponds to the underlying migration scheme, is...
, an Australian citizenAustralian nationality lawAustralian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
or an Australian permanent residentAustralian permanent residentAustralian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia....
) - he/she has lived in New Zealand for the past 5 years (see below for the specifics and exceptions relating to the residence requirement)
- he/she intends to continue living in New Zealand
- he/she is of good character (this does not apply to applicants under 14 years old)
- he/she has sufficient knowledge of the English language (this does not apply to applicants under 14 years old; it can also be waived by the Minister of Internal Affairs if this would cause 'undue hardship' to an applicant aged 14 or over)
- he/she demonstrates an understanding of the responsibilities and privileges of being a New Zealand citizen (this does not apply to applicants under 14 years old)
To fulfil the residence requirement, an applicant for a grant of New Zealand citizenship must have been physically present and permanently resident in New Zealand during the 5 years preceding the date of application (time spent in New Zealand before the 5 year period is not relevant). A person who has been in New Zealand without a visa/permit during his/her residence period does not meet the requirements because "unlawful residence" is precluded in the Citizenship Act 1977. To fulfil the 5 year residence requirement, a person must have been physically present in New Zealand:
- for at least 1,350 days with a Permanent Resident Permit/Resident Visa issued by Immigration New ZealandImmigration New ZealandImmigration New Zealand or INZ is a part of the Workforce group of the New Zealand Department of Labour. It is responsible for managing the benefits and consequences of immigration to New Zealand.-Visa:...
during the 5 years immediately before he/she makes his/her application; and - for at least 240 days with a Permanent Resident Permit/Resident Visa issued by Immigration New ZealandImmigration New ZealandImmigration New Zealand or INZ is a part of the Workforce group of the New Zealand Department of Labour. It is responsible for managing the benefits and consequences of immigration to New Zealand.-Visa:...
in each of those 5 years;
The Minister of Internal Affairs may use his/her discretion to reduce the residence requirement in exceptional circumstances to:
- physical presence in New Zealand for not less than 450 days during the 20-month period immediately preceding the date of the application for citizenship; and
- being entitled to be in New Zealand indefinitely during each of those 450 days
Note that physical presence and permanent residence during the 5 years (or 450 days in exceptional circumstances) must have been in New Zealand, the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
or Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
- physical presence and permanent residence in the Ross Dependency
Ross Dependency
The Ross Dependency is a region of Antarctica defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south...
does not fulfil the residence requirements for a general grant of New Zealand citizenship.
Time spent outside New Zealand in Crown service under the New Zealand Government (or as the spouse, civil union or de facto partner of a New Zealand citizen in Crown service under the New Zealand Government overseas) may be considered as time spent in New Zealand. Similarly, time spent overseas in the public service of the Government of the Cook Islands, Niue or Tokelau (or as the spouse, civil union or de facto partner who was a New Zealand citizen serving overseas in the public service of Government of the Cook Islands, Niue or Tokelau) can count as time spent in New Zealand.
Previously, for applications before 21 April 2010, those present in New Zealand as permanent residents before 21 April 2005, or those who applied successfully for permanent residence before that date, were able to apply for New Zealand citizenship after three years of "ordinary residence" (this provision expired on 1 January 2010).
Special grant of New Zealand citizenship to Samoans
Samoan citizensSamoan nationality law
Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
can apply for a special grant of New Zealand citizenship if:
- either they lawfully entered New Zealand on or after 15 September 1982 and can live indefinitely in New Zealand
- or were present in New Zealand at any time on the day of 14 September 1982 (there is no requirement to have been lawfully present in New Zealand on this day)
Samoan citizens
Samoan nationality law
Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand.The most recent Samoan law pertaining to citizenship is the Citizenship Act 2004...
do not need to meet the residence, intention, character, language and knowledge requirements that a person would generally need to fulfil to qualify for a grant of New Zealand citizenship.
Whilst the Citizenship Act 1977 defines 'New Zealand' as New Zealand, the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
, Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
, the Ross Dependency
Ross Dependency
The Ross Dependency is a region of Antarctica defined by a sector originating at the South Pole, passing along longitudes 160° east to 150° west, and terminating at latitude 60° south...
and Tokelau
Tokelau
Tokelau is a territory of New Zealand in the South Pacific Ocean that consists of three tropical coral atolls with a combined land area of 10 km2 and a population of approximately 1,400...
, the Citizenship (Western Samoa) Act 1982 defines 'New Zealand' to mean New Zealand only. Therefore, to apply for a special grant of New Zealand citizenship for Samoans, presence or indefinite immigration status in the Cook Islands, Niue, Ross Dependency and Tokelau does not count as presence or indefinite immigration status in New Zealand.
Special grant of New Zealand citizenship to children of New Zealand citizens
A person can receive a special grant of New Zealand citizenship if he/she fulfils all of the following criteria:- he/she has a parent who - at the time of his/her birth - was a New Zealand citizen by descent
- he/she was born outside New Zealand on or after 1 January 1949
- he/she has a 'demonstrable ongoing link with New Zealand'
Alternatively, a child under the age of 16 at the time the Minister of Internal Affairs makes a decision can receive a special grant of New Zealand citizenship if he/she fulfils all of the following criteria:
- he/she has a parent who is either a New Zealand citizen (by descent or otherwise), or who has applied for and fulfils the requirements for a grant of New Zealand citizenship
- he/she is a New Zealand permanent residentNew Zealand permanent residencyNew Zealand permanent residents are residents of New Zealand who hold permanent residency visas but are not citizens of New Zealand.Holders of permanent residency visas may remain in New Zealand indefinitely. A 2-year initial Resident Visa, which corresponds to the underlying migration scheme, is...
, an Australian citizenAustralian nationality lawAustralian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
or an Australian permanent residentAustralian permanent residentAustralian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia.... - he/she is living in New Zealand at the time of the application
- he/she intends to continue living in New Zealand
- he/she is of good character (this does not apply to applicants under 14 years old)
- he/she has sufficient knowledge of the English language (this does not apply to applicants under 14 years old)
- he/she demonstrates an understanding of the responsibilities and privileges of being a New Zealand citizen (this does not apply to applicants under 14 years old)
Additionally, persons born outside New Zealand to or adopted by a mother who was a New Zealand citizen otherwise than by descent on or after 1 January 1949 and on or before 31 December 1977 are entitled to be granted New Zealand citizenship (i.e. the Minister of Internal Affairs cannot refuse the application of a person who qualifies for a grant of New Zealand citizenship in this way).
Special grant of New Zealand citizenship to stateless persons
The Minister of Internal Affairs has the discretion to grant New Zealand citizenship to a person who would otherwise be statelessStateless
- Society :* Anarchy* Stateless communism, which Karl Marx predicted would follow capitalism and socialism* Stateless nation, a group of people without a nation-state* Stateless society, a society that is not governed by a state...
.
Special grant of New Zealand citizenship in exceptional circumstances
The Minister of Internal Affairs has the discretion to grant New Zealand citizenship to any person in exceptional circumstances where to do so would be in the public interest.Dual citizenship
New Zealand has permitted dual or multiple citizenship since the creation of New Zealand citizenship on 1 January 1949, although dual citizens who actively acquired or exercised their other citizenship could lose their New Zealand citizenship if their continued citizenship was judged "not conducive to the public good". The modern wording is similar; dual citizens may lose New Zealand citizenship by acting "in a manner that is contrary to the interests of New Zealand". A New Zealand citizen who holds another citizenship may renounce their New Zealand citizenship (see below), although this may not be registered if they reside in New Zealand or the country is at war.New Zealand citizenship was only granted to British subjects (exceptions could be made for married women and minors); therefore, New Zealanders who lost British subject status before 1949 were not necessarily entitled automatic New Zealand citizenship, so would have been required to apply for naturalisation.
Renunciation of New Zealand citizenship
A person can only renounce his/her New Zealand citizenship if he/she fulfils all of the following criteria:- He/she is 18 years old or over
- He/she is of full capacity
- He/she has the citizenship of at least one other foreign country at the time of applying for renunciation of New Zealand citizenship
The Minister of Internal Affairs may refuse to register the renunciation of New Zealand citizenship of a person if he/she is living in New Zealand or if a state of war exists between New Zealand and another country. The general practice is that if a New Zealand citizen is in New Zealand at the time of applying to renounce his/her citizenship, the Minister of Internal Affairs will only register the renunciation if the person would continue to reside in New Zealand lawfully following the renunciation (e.g. if he/she is also an Australian citizen or has a residence permit) or if the person will leave New Zealand permanently following the registration of the renunciation.
A person may become caught in a ‘catch-22’ situation: if he/she wants to become a citizen of his/her new country, but cannot until he/she has renounced his/her existing citizenship, he/she is unable to renounce their New Zealand citizenship and the Minister of Internal Affairs will not register the renunciation of his/her New Zealand citizenship, because the law specifies that a person must already have the citizenship of at least one other country at the time of applying for renunciation of New Zealand citizenship. Therefore, for example, an individual who only has New Zealand citizenship will never be able to apply for Singaporean citizenship
Singaporean nationality law
Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli...
because once her Singaporean citizenship application has been approved, she must first renounce her existing nationality before she can attend a Singaporean citizenship ceremony and officially obtain Singaporean nationality.
A register of people who have renounced or have been deprived of New Zealand citizenship is kept by the Citizenship Office and any person is allowed to view it.
Loss of New Zealand citizenship
The Minister of Internal Affairs can revoke a person's New Zealand citizenship if:- he/she is satisfied that the registration, naturalisation, grant, or any grant requirement was procured by fraud, false representation or wilful concealment of relevant information; and
- the person would not become statelessStateless- Society :* Anarchy* Stateless communism, which Karl Marx predicted would follow capitalism and socialism* Stateless nation, a group of people without a nation-state* Stateless society, a society that is not governed by a state...
if he/she is deprived of New Zealand citizenship; and - the person became a New Zealand citizen by grant or by registration or naturalisation under the terms of the British Nationality and New Zealand Citizenship Act 1948
A New Zealand citizen by birth does not lose his/her citizenship by being adopted by a foreign parent/parents.
Historical provisions - 1949 to 1977
Prior to 1 January 1978, New Zealand citizenship law had different rules.- persons from most CommonwealthCommonwealth of NationsThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
countries (including the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
) and the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
could apply to be registered as a New Zealand citizen. Under the 1948 legislation, no specific residence period was required once the person was settled in New Zealand - persons from non-Commonwealth countries had to become naturalised. This required five years residence, including a requirement for notice to be given 12 months before application.
- citizenship ceremonies were introduced in 1954 for those becoming naturalised New Zealand citizens
- women married to New Zealand citizens were permitted to become New Zealand citizens as of right, without a residence requirement, if a citizen of a CommonwealthCommonwealth of NationsThe Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
nation or the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. Where the woman was from a non-Commonwealth nation, registration was allowed at the discretion of the Minister of Internal Affairs. - New Zealand citizenship by descent could be obtained only from a father, not the mother (however those born between 1949 and 1977 to a New Zealand mother may be able to register now as New Zealand citizens). Where the father was a New Zealand citizen by descent, the child normally had to be registered as a New Zealand citizen before age 16.
See also
- Cook Islands nationality
- Australian nationality lawAustralian nationality lawAustralian nationality law determines who is and who is not an Australian, and is based primarily on the principle of Jus soli. The status of Australian citizenship was created by the Nationality and Citizenship Act 1948 which received Royal Assent on 21 December 1948 and came into force on...
- Special Category VisaSpecial Category VisaA Special Category Visa is a type of Australian visa granted to most New Zealand citizens on arrival in Australia. New Zealand Citizens may then reside in Australia indefinitely under the Trans-Tasman Travel Arrangement.- History :...
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- UK Ancestry Entry ClearanceUK Ancestry Entry ClearanceA UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom. It is used mainly by young Australians, New...
- Right of Abode (United Kingdom)Right of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
- Independence of New ZealandIndependence of New ZealandThe independence of New Zealand is a matter of continued academic and social debate. New Zealand has no fixed date of independence, instead independence came about as a result of New Zealand's evolving constitutional status. New Zealand evolved as one of the British Dominions, colonies within the...