Citizenship Act 1977.pdf

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Version
as at 28 October 2021
Citizenship Act 1977
Public Act
1977 No 61
Date of assent
1 December 1977
Commencement
see section 1(2)
Contents
Page
Title
3
1
Short Title and commencement
3
2
Interpretation
3
3
Special provisions relating to parentage
4
4
Administration of Act
7
4A
Delegation of powers by Secretary
7
4B
Transitional, savings, and related provisions
8
5
Act binds Crown
8
Part 1
New Zealand citizenship
Acquisition of citizenship
6
Citizenship by birth
8
7
Citizenship by descent
10
8
Citizenship by grant
11
8A
Grant of citizenship to spouse of New Zealand citizen [Repealed]
14
9
Grant of citizenship in special cases
14
9A
Disqualifying convictions
14
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers
under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Department of Internal Affairs.
1

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9B
Minister may rescind approval at any time up until applicant
15
becomes citizen
10
Grant of citizenship as of right in certain cases
15
11
Minister may require oath or affirmation of allegiance to be taken
15
12
Certificate of New Zealand citizenship
15
Transitional provisions relating to citizenship
13
Existing rights of citizenship protected
16
14
Applications made under British Nationality and New Zealand
17
Citizenship Act 1948 may be proceeded with under this Act
Loss of citizenship
15
Renunciation of citizenship
17
16
Deprivation of New Zealand citizenship in special cases
18
17
Deprivation of New Zealand citizenship in case of fraud, etc
18
18
Effect of order
19
19
Court review of grounds for depriving person of citizenship
19
20
Saving of obligations incurred before loss of citizenship, etc
20
Miscellaneous provisions relating to citizenship
21
Evidentiary certificates
20
22
Minister may delegate functions and powers to overseas
20
representatives
Part 2
Miscellaneous provisions
23
Capacity as to property
21
24
General provisions as to certificates and other documents
21
25
Evidence
22
26
Discovery of documents held under this Act
22
26A
Disclosure of citizenship information to certain agencies for
22
certain purposes
26B
Access to information for citizenship purposes
23
26C
Access to information for purposes of Identity Information
24
Confirmation Act 2012
27
Offences and penalties
24
28
Regulations
25
29
Application of Act to Cook Islands, Niue, and Tokelau
28
30
Repeals, consequential amendments, and revocation
28
Schedule 1AA
29
Transitional, savings, and related provisions
Schedule 1
30
Oath of allegiance
Schedule 2
31
Enactments consequentially repealed
2

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Citizenship Act 1977
s 2
Schedule 3
32
Enactments consequentially amended
Schedule 4
33
Disclosure of information to agencies
An Act to make better provision with respect to the status of New Zealand citi‐
zenship, and to consolidate and amend the British Nationality and New Zealand
Citizenship Act 1948

1
Short Title and commencement
(1)
This Act may be cited as the Citizenship Act 1977.
(2)
This Act shall come into force on 1 January 1978.
2
Interpretation
(1)
In this Act, unless the context otherwise requires,—
alien 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
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 5 of the Public Service Act 2020
employee has the meaning given to it by section 5 of the Public Service Act
2020, except that it includes—
(a)
any chief executive
(b)
[Repealed]
Minister means the Minister of Internal Affairs
New Zealand includes the Cook Islands, Niue, Tokelau, and the Ross Depend‐
ency
New Zealand overseas representative means a diplomatic or consular repre‐
sentative for New Zealand or a representative of the Government of New Zea‐
land in any other country; and includes a High Commissioner for New Zealand
in any other country
prescribed  means  prescribed  by  regulations  made  under  this  Act  or  by  the
Minister
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28 October 2021
protected State means a State or territory that is declared by Her Majesty by
Order in Council to be a protected State for the purposes of the British Nation‐
ality 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.
Section  2(1)  Armed  Forces:  inserted,  on  18  November  1992,  by  section  2(2)  of  the  Citizenship
Amendment Act 1992 (1992 No 104).
Section 2(1) Crown service under the New Zealand Government: amended, on 7 August 2020, by
section 135 of the Public Service Act 2020 (2020 No 40).
Section  2(1)  Crown  service  under  the  New  Zealand  Government:  amended,  on  18  November
1992, by section 2(1) of the Citizenship Amendment Act 1992 (1992 No 104).
Section 2(1) employee: inserted, on 18 November 1992, by section 2(2) of the Citizenship Amend‐
ment Act 1992 (1992 No 104).
Section 2(1) employee: amended, on 7 August 2020, by section 135 of the Public Service Act 2020
(2020 No 40).
Section  2(1)  employee  paragraph  (b):  repealed,  on  25  January  2005,  by  section  19(1)  of  the  State
Sector Amendment Act (No 2) 2004 (2004 No 114).
Section 2(1) ordinarily resident: repealed, on 21 April 2005, by section 3 of the Citizenship Amend‐
ment Act 2005 (2005 No 43).
3
Special provisions relating to parentage
(1)
For the purposes of this Act a person shall, in the absence of evidence to the
contrary, be presumed to be the father of another person if—
(a)
he is or was married to, or in a civil union or a de facto relationship with,
that  other  person’s  mother  at  any  time  during  the  period  commencing
with that other person’s conception and ending with that other person’s
birth; or
(b)
his paternity of that other person has been established by 1 or more of
the types of evidence specified by section 8 of the Status of Children Act
1969;—
and  (but  without  limiting  subsection  (2))  the  term  father,  when  used  in  this
Act, shall be construed accordingly.
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(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 adop‐
tion  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 Citizen‐
ship 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 adop‐
tion 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 adop‐
tion order was made:
provided that, on the discharge for any reason of the adoption order in accord‐
ance 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 adop‐
ted  by  a  New  Zealand  citizen  in  circumstances  other  than  those  specified  in
subsection  (2)  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 Adop‐
tion Act 1955, by a person who, at the time of the adoption, is entitled in
terms of the Immigration Act 2009 to be in New Zealand indefinitely, or
entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau; or
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(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 oper‐
ation 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 2009 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 sec‐
tion 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 Toke‐
lau, 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,
1 January 1949, the status or description that would have been applicable to the
parent had he or she died on or after 1 January 1949 shall be deemed to be the
status or description applicable to him or her at the time of his or her death.
(5)
Where the relevant parent died before, and the birth occurs on or after, 1 Janu‐
ary  1978,  the  status  or  description  that  would  have  been  applicable  to  the
parent had he or she died on or after that date shall be deemed to be the status
or description applicable to him or her at the time of his or her death.
(5A) In subsection (1)(a), de facto relationship 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  the  person  has  obtained  consent  for  the  relationship  in
accordance with section 46A of the Care of Children Act 2004.
(6)
In subsection (2)(ba), Contracting State has the same meaning as in the Adop‐
tion (Intercountry) Act 1997.
Compare: 1948 No 15 ss 2(2), 26, 27; 1959 No 38 s 9; 1969 No 18 s 12(2)
6

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Citizenship Act 1977
s 4A
Section 3(1)(a): replaced, on 21 April 2005, by section 4(1) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 3(2): replaced, on 18 November 1992, by section 3 of the Citizenship Amendment Act 1992
(1992 No 104).
Section 3(2)(aa): inserted, on 10 December 2001, by section 3(1) of the Citizenship Amendment Act
(No 2) 2001 (2001 No 95).
Section 3(2)(b)(ii): amended, on 1 January 1999, by section 29(1) of the Adoption (Intercountry) Act
1997 (1997 No 109).
Section  3(2)(ba): inserted,  on  1  January  1999,  by  section  29(1)  of  the  Adoption  (Intercountry)  Act
1997 (1997 No 109).
Section 3(2) proviso: amended, on 10 December 2001, by section 3(2) of the Citizenship Amendment
Act (No 2) 2001 (2001 No 95).
Section 3(2A): inserted, on 18 November 1992 by section 3 of the Citizenship Amendment Act 1992
(1992 No 104).
Section 3(2B): inserted, on 21 April 2005, by section 4(2) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 3(2B)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 3(2B)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 3(5A): inserted, on 21 April 2005, by section 4(3) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 3(5A): amended, on 14 August 2018, by section 27(1) of the Minors (Court Consent to Rela‐
tionships) Legislation Act 2018 (2018 No 22).
Section  3(5A)(b):  replaced,  on  14  August  2018,  by  section  27(2)  of  the  Minors  (Court  Consent  to
Relationships) Legislation Act 2018 (2018 No 22).
Section 3(6): inserted, on 1 January 1999, by section 29(2) of the Adoption (Intercountry) Act 1997
(1997 No 109).
4
Administration of Act
Subject  to  the  control  of  the  Minister,  the  Secretary  for  Internal  Affairs  is
responsible for the administration of this Act.
4A
Delegation of powers by Secretary
(1)
The Secretary may from time to time, by writing under the Secretary’s hand,
either  generally  or  particularly,  delegate  to  such  officer  or  officers  of  the
Department  of  Internal  Affairs  as  the  Secretary  thinks  fit  all  or  any  of  the
powers and functions exercisable by the Secretary under this Act or under any
regulations made under this Act, other than the power of delegation conferred
by this section.
(2)
Subject to any general or special directions given or conditions attached by the
Secretary, the officer to whom any powers are delegated under this section may
exercise those powers in the same manner and with the same effect as if they
had been conferred on the officer directly by this section and not by delegation.
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(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 offi‐
cers 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 dele‐
gation shall prevent the exercise of any power or function by the Secretary.
(6)
Any  such  delegation  shall,  until  revoked,  continue  in  force  according  to  its
tenor,  notwithstanding  the  fact  that  the  Secretary  by  whom  it  was  made  may
have ceased to hold office, and shall continue to have effect as if made by the
successor in office of that Secretary.
Section 4A: inserted, on 17 December 1985, by section 2 of the Citizenship Amendment Act 1985
(1985 No 169).
4B
Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have
effect according to their terms.
Section 4B: inserted, on 14 August 2018, by section 28 of the Minors (Court Consent to Relation‐
ships) Legislation Act 2018 (2018 No 22).
5
Act binds Crown
This Act binds the Crown.
Part 1
New Zealand citizenship
Acquisition of citizenship
6
Citizenship by birth
(1)
Subject to subsection (2), a person is a New Zealand citizen by birth if—
(a)
the  person  was  born  in  New  Zealand  on  or  after  1  January  1949  and
before 1 January 2006; or
(b)
the person was born in New Zealand on or after 1 January 2006, and, at
the time of the person’s birth, at least one of the person’s parents was—
(i)
a New Zealand citizen; or
(ii)
entitled in terms of the Immigration Act 2009 to be in New Zea‐
land  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,—
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Part 1 s 6
(a)
his father or mother was a person upon whom any immunity from juris‐
diction was conferred by or under the Diplomatic Privileges and Immun‐
ities 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, 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 For‐
eign 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 ser‐
vice 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
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(c)
at the time of the person’s birth the person would have been a New Zea‐
land citizen by birth under subsection (1), had the person been born on
that date in Tokelau.
(6)
A person who is a New Zealand citizen by birth does not lose his or her New
Zealand  citizenship  by  reason  of  the  person  being  adopted  by  a  parent  or
parents who are neither—
(a)
New Zealand citizens; nor
(b)
persons  entitled  to  reside  indefinitely  in  New  Zealand  in  terms  of  the
Immigration  Act  2009  or  entitled  to  reside  indefinitely  in  the  Cook
Islands, Niue, or Tokelau.
Compare: 1948 No 15 s 6
Section 6(1): replaced, on 21 April 2005, by section 5(1) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 6(1)(b)(ii): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration
Act 2009 (2009 No 51).
Section 6(3): replaced, on 21 April 2005, by section 5(2) of the Citizenship Amendment Act 2005
(2005 No 43).
Section  6(4):  replaced,  on  18  November  1992,  by  section  4(1)  of  the  Citizenship  Amendment  Act
1992 (1992 No 104).
Section 6(4)(b)(i): amended, on 1 July 1993, pursuant to section 2(3) of the Foreign Affairs Amend‐
ment Act 1993 (1993 No 48).
Section 6(4)(b)(iia): inserted, on 10 December 2001, by section 4 of the Citizenship Amendment Act
(No 2) 2001 (2001 No 95).
Section 6(4)(b)(iii): replaced, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise
Act 2003 (2003 No 27).
Sections 6(5): inserted, on 21 April 2005, by section 5(3) of the Citizenship Amendment Act 2005
(2005 No 43).
Sections 6(6): inserted, on 21 April 2005, by section 5(3) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 6(6)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
7
Citizenship by descent
(1)
Every person born outside New Zealand on or after 1 January 1978 is a New
Zealand citizen by descent if, at the time of the person’s birth,—
(a)
his or her mother or father was a New Zealand citizen otherwise than by
descent; or
(b)
his or her mother or father was a New Zealand citizen by descent, and
the person would otherwise be stateless.
(2)
A person who is a New Zealand citizen by virtue of subsection (1) may apply
for his or her citizenship status to be registered in accordance with regulations
made under this Act.
(3)
For the purposes of this section, the Secretary may issue a certificate stating a
person’s  status  under  this  section  and,  in  the  absence  of  evidence  to  the  con‐
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Part 1 s 8
trary, a certificate to such effect shall be sufficient evidence of the matters sta‐
ted 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
Section 7(1): replaced, on 21 April 2005, by section 6 of the Citizenship Amendment Act 2005 (2005
No 43).
Section 7(2): replaced, on 10 December 2001, by section 5 of the Citizenship Amendment Act (No 2)
2001 (2001 No 95).
Section 7(3): inserted, on 18 November 1992, by section 5 of the Citizenship Amendment Act 1992
(1992 No 104).
Section  7(3):  amended,  on  24  October  2019,  by  section  21  of  the  Statutes  Amendment  Act  2019
(2019 No 56).
Section  7(4):  inserted,  on  8  April  2000,  by  section  3(2)  of  the  Citizenship  Amendment  Act  2000
(2000 No 9).
8
Citizenship by grant
(1)
The Minister may authorise the grant of New Zealand citizenship to any per‐
son, 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 speci‐
fied in subsection (2).
(2)
The requirements referred to in subsection (1)(d) are as follows:
(a)
that the applicant is entitled in terms of the Immigration Act 2009 to be
in New Zealand indefinitely:
(b)
that the applicant was present in New Zealand—
(i)
for a minimum of 1 350 days during the 5 years immediately pre‐
ceding 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 Immi‐
gration Act 2009 to be in New Zealand indefinitely:
(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
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(ii)
to enter into or continue in Crown service under the New Zealand
Government,  or  service  under  an  international  organisation  of
which  the  New  Zealand  Government  is  a  member,  or  service  in
the  employment  of  a  person,  company,  society,  or  other  body  of
persons resident or established in New Zealand.
(3)
For the purposes of subsection (2)(a), a person will not be treated as entitled to
be in New Zealand indefinitely if—
(a)
conditions  have  been  imposed  under  the  Immigration  Act  2009  on  the
person’s entitlement to reside in New Zealand indefinitely; and
(b)
those conditions 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) if satisfied that an applicant is
entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau:
(b)
waive the requirement in subsection (2)(b) if satisfied that an applicant
was present in the Cook Islands, Niue, or Tokelau—
(i)
for a minimum of 1 350 days during the 5 years immediately pre‐
ceding the date of the application; and
(ii)
for at least 240 days in each of those 5 years,—
being days during which the applicant was entitled to reside indefinitely
in the Cook Islands, Niue, or Tokelau.
(5)
For the purposes of subsection (2)(b), the Minister may treat the applicant as
having been in New Zealand for any period within the period of 5 years imme‐
diately preceding the date of application for citizenship during which—
(a)
the applicant was in Crown service under the New Zealand Government;
or
(b)
the  applicant  was  outside  New  Zealand  because  the  applicant  was
accompanying his or her spouse or civil union or de facto partner who
was  a  New  Zealand  citizen  in  Crown  service  under  the  New  Zealand
Government.
(6)
For the purposes of subsection (4)(b), the Minister may treat the applicant as
having  been  present  in  the  Cook  Islands,  Niue,  or  Tokelau  for  any  period
within the period of 5 years immediately preceding the date of the application
for citizenship during which—
(a)
the applicant served in the public service of the Government of the Cook
Islands, Niue, or Tokelau; or
(b)
the  applicant  was  outside  New  Zealand  because  the  applicant  was
accompanying his or her spouse or civil union or de facto partner who
was  a  New  Zealand  citizen  serving  in  the  public  service  of  the  Cook
Islands, Niue, or Tokelau.
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(7)
If the Minister is satisfied in a particular case that there are exceptional circum‐
stances particular to the applicant that would justify such a course, the Minister
may accept the presence by the applicant for a lesser number of days as being
sufficient compliance with—
(a)
the requirements of subsection (2)(b), so long as the applicant—
(i)
was physically present in New Zealand for not less than 450 days
during the 20-month period immediately preceding the date of the
application for citizenship; and
(ii)
was entitled in terms of the Immigration Act 2009 to be in New
Zealand indefinitely during each of those 450 days:
(b)
the requirements of subsection (4)(b), so long as the applicant—
(i)
was physically present in the Cook Islands, Niue, or Tokelau for
not  less  than  450  days  during  the  20-month  period  immediately
preceding the date of the application for citizenship; and
(ii)
was entitled to be in the Cook Islands, Niue, or Tokelau indefin‐
itely during each of those 450 days.
(8)
The  Minister  may  waive  the  requirement  in  subsection  (2)(e)  if  satisfied  in  a
particular case that, because of the applicant’s age or standard of education, or
for any other reason personal to the applicant, the applicant would suffer undue
hardship  if  compliance  with  the  requirement  of  that  provision  were  insisted
upon.
(9)
For the purposes of subsection (2)(f),—
(a)
the  intention  referred  to  in  subsection  (2)(f)(i)  must  be  a  continuing
intention throughout the period from the date of application for citizen‐
ship until the date that the applicant becomes a citizen under section 12:
(b)
the Minister may treat an applicant as intending to continue to reside in
New Zealand if the applicant intends to accompany his or her New Zea‐
land citizen spouse or civil union or de facto partner on Crown service
for the New Zealand Government or public service for the Government
of the Cook Islands, Niue, or Tokelau.
Section 8: replaced, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005
No 43).
Section 8(2)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 8(2)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 8(3)(a): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 8(3)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
Section 8(7)(a)(ii): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration
Act 2009 (2009 No 51).
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8A
Grant of citizenship to spouse of New Zealand citizen
[Repealed]
Section 8A: repealed, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005
No 43).
9
Grant of citizenship in special cases
(1)
Without limiting anything in section 8, the Minister may, upon application in
the prescribed manner, authorise the grant of New Zealand citizenship to any
person, including a person who may be a New Zealand citizen by descent,—
(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 citi‐
zenship to the applicant would be in the public interest because of excep‐
tional  circumstances  of  a  humanitarian  or  other  nature  relating  to  the
applicant; or
(d)
if the person would otherwise be stateless.
(2)
In  considering  whether  to  authorise  the  grant  of  New  Zealand  citizenship  to
any person under subsection (1), the Minister—
(a)
may have regard to such of the requirements of section 8(2) (as subject
to section 8(3) to (9)) as the Minister thinks fit; and
(b)
must have regard to the requirements of section 9A(1) (but subject to the
Minister’s discretion under section 9A(2) and (3)).
Section 9: replaced, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005
No 43).
9A
Disqualifying convictions
(1)
Except as provided in subsection (2), the Minister must not authorise a grant of
citizenship under section 8 or section 9 to a person who has been convicted of
an offence if—
(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; or
(c)
within the preceding 3 years the person was convicted of an offence but
did not receive a sentence of imprisonment.
(2)
The Minister may however authorise a grant of citizenship to a person to whom
subsection (1) applies and who otherwise meets the requirements of section 8
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or section 9 if satisfied that there are exceptional circumstances relating to the
conviction such that a grant of citizenship should not be precluded.
(3)
Nothing in this section limits the Minister’s discretion to refuse a grant of citi‐
zenship if the Minister is not satisfied that the applicant is of good character.
Section 9A: inserted, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005
No 43).
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, the Minister may rescind that authorisation at any
time before the date that the person becomes a citizen under section 12, if no
longer  satisfied  that  the  person  meets  the  requirements  for  a  grant  of  citizen‐
ship.
Section 9B: inserted, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005
No 43).
10
Grant of citizenship as of right in certain cases
(1)
Notwithstanding  anything  in  section  8  or  section  9,  the  Minister  shall,  upon
application made to him in the prescribed manner, authorise the grant of New
Zealand citizenship to any person who was born before 1 January 1978 if, at
the time of that person’s birth, his mother was a New Zealand citizen otherwise
than by descent.
(2)
This section does not apply to a person who has previously been deprived of
New Zealand citizenship by order under section 16 or section 17, or renounced
his or her citizenship under section 15.
Section 10(2): inserted, on 10 December 2001, by section 8 of the Citizenship Amendment Act (No
2) 2001 (2001 No 95).
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, or making an affirmation
to similar effect.
(2)
Unless the Minister agrees otherwise, the oath or affirmation must be taken or
made at a public citizenship ceremony.
Section 11: replaced, on 21 April 2005, by section 8 of the Citizenship Amendment Act 2005 (2005
No 43).
12
Certificate of New Zealand citizenship
(1)
Where the Minister authorises the grant of New Zealand citizenship to any per‐
son, the Secretary shall issue to that person a certificate of New Zealand citi‐
zenship in the prescribed form.
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(2)
A person to whom a certificate of New Zealand citizenship is issued under sub‐
section (1) shall be a New Zealand citizen as from the specified date.
(3)
Where a certificate of New Zealand citizenship is issued to a person who is a
New Zealand citizen by descent, he shall cease to have that status as from the
specified date.
(4)
For the purposes of subsections (2) and (3) the specified date shall be—
(a)
in the case of a person required under section 11 to take an oath of alle‐
giance, the date on which he takes that oath or makes an affirmation to
the same effect:
(b)
in every other case, the date specified in the certificate.
Compare: 1948 No 18 ss 11, 14
Transitional provisions relating to citizenship
13
Existing rights of citizenship protected
(1)
Notwithstanding the repeal of the British Nationality and New Zealand Citizen‐
ship  Act  1948  by  section  30,  every  person  who,  by  virtue  of  that  Act,  was  a
New Zealand citizen immediately before the commencement of this Act, shall,
subject to the succeeding provisions of this Part, continue to be a New Zealand
citizen.
(2)
Notwithstanding subsection (1), a person who, by virtue of the British Nation‐
ality  and  New  Zealand  Citizenship  Act  1948,  was,  immediately  before  the
commencement of this Act, a New Zealand citizen by descent only, shall, for
the  purposes  of  this  Act,  be  deemed  to  be  a  New  Zealand  citizen  by  descent
only.
(3)
Without limiting subsection (1) or subsection (2), but subject to subsection (4),
every person born outside New Zealand on or after 1 January 1949 but before
1 January 1978 shall be a New Zealand citizen by descent if—
(a)
in any case, his father was a New Zealand citizen at the time of that per‐
son’s birth; or
(b)
in the case of a person born on or after 1 January 1970 (being the date of
the commencement of the Status of Children Act 1969), his mother was
a New Zealand citizen at the time of his birth.
(4)
A person shall not be a New Zealand citizen by virtue of subsection (3) if that
person’s relevant parent was a New Zealand citizen by descent only, unless—
(a)
that  person  or  his  relevant  parent  was  born  in  a  protectorate,  protected
State,  mandated  territory,  or  trust  territory,  or  any  place  in  a  foreign
country  where  by  treaty,  capitulation,  grant,  usage,  sufferance,  or  other
lawful means Her Majesty then had jurisdiction over British subjects; or
(b)
in the case of a person born in a place other than a place mentioned in
paragraph (a), his birth or citizenship by descent is registered, in accord‐
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ance  with  regulations  made  under  this  Act,  before  that  person  has
attained the age of 16 years; or
(c)
the relevant parent of that person was, at the time of the person’s birth, in
Crown service under the New Zealand Government.
Section 13(4)(b): amended, on 18 November 1992, by section 9 of the Citizenship Amendment Act
1992 (1992 No 104).
14
Applications made under British Nationality and New Zealand Citizenship
Act 1948 may be proceeded with under this Act
If a person has, before the commencement of this Act,—
(a)
applied for registration as a New Zealand citizen; or
(b)
given notice of his intention to apply for a certificate of naturalisation; or
(c)
applied for a certificate of naturalisation—
in accordance with the provisions of the British Nationality and New Zealand
Citizenship  Act  1948,  the  application  (if  it  has  not  been  finally  determined
under that Act) or notice may be dealt with in accordance with this Act as if it
were an application for the grant of New Zealand citizenship under this Act.
Loss of citizenship
15
Renunciation of citizenship
(1)
A New Zealand citizen who has attained the age of 18 years and is of full cap‐
acity and who is recognised by the law of another country as a citizen of that
country may, at any time, make a declaration of renunciation of his New Zea‐
land citizenship in the prescribed manner.
(2)
Subject  to  subsection  (3),  the  Minister  shall  cause  every  declaration  made
under subsection (1) to be registered in the prescribed manner, and, as from the
date of that registration, the declarant shall cease to be a New Zealand citizen.
(3)
The Minister may decline to register a declaration of renunciation if—
(a)
the declarant is resident in New Zealand; or
(b)
a state of war exists between New Zealand and any other country.
(4)
A person who has ceased to be a New Zealand citizen under this section may
regain  New  Zealand  citizenship  only  by  way  of  a  grant  of  citizenship  under
section 8 or section 8A or section 9.
Compare: 1948 No 15 s 21
Section 15(3)(a): amended, on 21 April 2005, by section 9 of the Citizenship Amendment Act 2005
(2005 No 43).
Section 15(4): inserted, on 10 December 2001, by section 9 of the Citizenship Amendment Act (No
2) 2001 (2001 No 95).
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16
Deprivation of New Zealand citizenship in special cases
Subject to section 19, the Minister may, by order, deprive a person of his New
Zealand citizenship if he is satisfied that the person has, while a New Zealand
citizen and while of or over the age of 18 years and of full capacity,—
(a)
acquired the nationality or citizenship of another country by any volun‐
tary and formal act, and acted in a manner that is contrary to the interests
of New Zealand; or
(b)
voluntarily exercised any of the privileges or performed any of the duties
of another nationality or citizenship possessed by him in a manner that is
contrary to the interests of New Zealand.
Compare: 1948 No 15 s 22
Section 16 heading: amended, on 21 April 2005, by section 10(1) of the Citizenship Amendment Act
2005 (2005 No 43).
Section 16(a): amended, on 21 April 2005, by section 10(2) of the Citizenship Amendment Act 2005
(2005 No 43).
17
Deprivation of New Zealand citizenship in case of fraud, etc
(1)
This section applies to a New Zealand citizen who has acquired that citizen‐
ship—
(a)
by registration under the British Nationality and New Zealand Citizen‐
ship Act 1948; or
(b)
by naturalisation under that Act; or
(c)
by grant under this Act or the Citizenship (Western Samoa) Act 1982.
(2)
Subject to section 19, the Minister may, by order, deprive a New Zealand citi‐
zen to whom this section applies of his New Zealand citizenship if he is satis‐
fied that the registration, naturalisation, grant, or any grant requirement was
procured by fraud, false representation, or wilful concealment of relevant infor‐
mation, or by mistake.
(3)
The Minister may not deprive a person of New Zealand citizenship under sub‐
section (2) if—
(a)
the citizenship was acquired by mistake; and
(b)
to deprive the person of that citizenship would leave the person stateless.
Compare: 1948 No 15 s 23
Section 17(1)(c): amended, on 15 September 1982, by section 10 of the Citizenship (Western Samoa)
Act 1982 (1982 No 11).
Section 17(2): amended, on 21 April 2005, by section 11(1) of the Citizenship Amendment Act 2005
(2005 No 43).
Section 17(3): inserted, on 21 April 2005, by section 11(2) of the Citizenship Amendment Act 2005
(2005 No 43).
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18
Effect of order
A person in respect of whom an order is made under section 16 or section 17
shall cease to be a New Zealand citizen as from the date of the order.
19
Court review of grounds for depriving person of citizenship
(1)
Before making an order under section 16 or section 17 depriving any person of
New Zealand citizenship, the Minister shall serve on that person a notice—
(a)
stating that he intends to make such an order; and
(b)
citing  the  section  of  this  Act  under  which  he  considers  that  he  has
grounds to make such an order; and
(c)
specifying the grounds on which he intends to make such an order; and
(d)
advising the person of his right to have the matter reviewed by the court
in accordance with the succeeding provisions of this section.
(2)
Every person upon whom a notice is served under subsection (1) may, within
28 days after it is served on him, apply to the High Court for a declaration that
there are insufficient grounds to justify the making of an order under section 16
or, as the case may require, section 17 depriving the applicant of New Zealand
citizenship;  and  the  court  may  make  or  refuse  to  make  such  a  declaration
accordingly.
(3)
Notwithstanding  any  of  the  foregoing  provisions  of  this  section,  in  any  case
where the whereabouts of the person concerned are unknown or for any other
reason service on him of a notice under this section is not practicable, the Min‐
ister  may  apply  to  the  court  for  the  dispensing  of  the  requirement  to  serve
notice; and, in such a case, if the court dispenses with that requirement, it shall
proceed to consider the merits of the case, in accordance with the provisions of
this  section,  as  if  the  person  concerned  had  applied  to  the  court  for  a  declar‐
ation of the kind referred to in subsection (2).
(4)
Where  the  court  makes  such  a  declaration,  the  Minister  shall  not  thereafter,
without fresh cause, make an order under section 16 or section 17 depriving the
applicant of New Zealand citizenship.
(5)
[Repealed]
(6)
Subject to the succeeding provisions of this section, the procedure in respect of
an application under this section shall be in accordance with the rules of court.
(7)
When hearing any application under this section the court may receive as evi‐
dence any statement, document, information, or matter that, in the opinion of
the court, may assist it to deal justly with the application before it, whether or
not the same would be otherwise admissible in proceedings before the court.
(8)
Where the court is satisfied that it is desirable to do so by reason of the confi‐
dential nature of any evidence submitted or to be submitted to it in respect of
any application under this section, the court may, of its own motion or on the
application of any party to the proceedings,—
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(a)
take or hear the evidence in private:
(b)
make an order prohibiting the publication of any report or account of the
whole or any part of any such evidence (whether heard or taken in public
or private).
(9)
The determination of the High Court on any such application shall be final.
Compare: 1948 No 15 s 23(6), (7); SR 1949/121
Section 19(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act
1979 (1979 No 124).
Section 19(5): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991
(1991 No 60).
Section 19(9): inserted, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991
(1991 No 60).
20
Saving of obligations incurred before loss of citizenship, etc
A  person  who  ceases  to  be  a  New  Zealand  citizen  shall  not  thereby  be  dis‐
charged  from  any  obligation,  duty,  or  liability  in  respect  of  any  act  or  thing
done or omitted to be done before he ceased to be a New Zealand citizen.
Compare: 1948 No 15 s 25
Miscellaneous provisions relating to citizenship
21
Evidentiary certificates
(1)
Any person who wishes to obtain confirmation of whether he or she is or is not
a New Zealand citizen may apply to the Minister in the prescribed manner for a
certificate confirming the person’s status in that respect.
(2)
The Minister shall, if satisfied that any such person is or is not a New Zealand
citizen, issue a certificate to that effect.
(3)
A certificate issued under this section shall, unless it is proved that the issue of
the  certificate  was  procured  by  fraud,  false  representation,  or  the  wilful  con‐
cealment of relevant information, or was the result of administrative error, be
evidence that the person named in the certificate was or was not, on the date on
which the certificate was issued, a New Zealand citizen, but without prejudice
to  any  evidence  that  he  or  she  was  or  was  not  a  New  Zealand  citizen  at  an
earlier date.
Section 21: replaced, on 18 November 1992, by section 10 of the Citizenship Amendment Act 1992
(1992 No 104).
22
Minister may delegate functions and powers to overseas representatives
(1)
The Minister may from time to time, by writing under his hand, authorise any
New Zealand overseas representative in any country to perform and exercise in
that country any of the Minister’s functions and powers under this Part.
(2)
In the performance or exercise of any such functions or powers, the New Zea‐
land overseas representative shall act in accordance with all directions in that
behalf given to him by the Minister, whether generally or in a particular case.
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(3)
Any authority and any directions under this section may be given to a specified
person, or to the holder for the time being of a specified office.
Compare: 1948 No 15 s 10
Part 2
Miscellaneous provisions
23
Capacity as to property
(1)
Subject to subsection (2) and to any other enactment, every person who is not a
New Zealand citizen shall be entitled to take, acquire, hold, and dispose of real
or  personal  property  in  the  same  manner  in  all  respects  as  if  he  were  a  New
Zealand citizen.
(2)
Subsection (1) shall not—
(a)
qualify  an  alien  for  any  office,  or  for  any  parliamentary  or  other  fran‐
chise, for which he is not otherwise qualified:
(b)
qualify an alien to be the owner of a ship registered in New Zealand, or
of a share in any such ship:
(c)
entitle  an  alien  to  acquire  property  without  any  consent  required  under
the Overseas Investment Act 2005:
(d)
entitle a person to any right or privilege as a New Zealand citizen, except
the rights and privileges conferred on him in respect of property by that
subsection.
Compare: 1948 No 28 s 3
Section 23(2)(c): replaced, on 25 August 2005, by section 75 of the Overseas Investment Act 2005
(2005 No 82).
24
General provisions as to certificates and other documents
(1)
For the purposes of this section the term document means a certificate or other
document issued under this Act; and includes a certificate or other document
issued  under  any  enactment  referred  to  in  section  25(1);  and  also  includes  a
duplicate of any such certificate or other document.
(2)
No person shall alter or deface a document otherwise than pursuant to this Act.
(3)
Every person to whom a document is or has been issued shall, on the expiry or
revocation  of  the  document,  or  of  the  exemption  or  condition  or  status  evi‐
denced by it, deliver the document to the Secretary.
(4)
If a document that has been damaged to the extent that it is no longer legible is
returned  to  the  Secretary,  or  if  the  Secretary  is  satisfied  that  a  document  has
been destroyed, lost, or stolen, the Secretary shall, upon application by the per‐
son to whom the document was issued and upon payment of the prescribed fee,
issue a duplicate of the document.
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25
Evidence
(1)
Every  document  purporting  to  be  a  notice,  certificate,  or  declaration,  or  an
entry in a register, or a subscription of an oath of allegiance given, granted, or
made under this Act, the British Nationality and Status of Aliens (in New Zea‐
land) Act 1923 or any enactment repealed by that Act, the British Nationality
and Status of Aliens (in New Zealand) Act 1928, or the Registration of Aliens
Act  1917,  or  any  enactment  repealed  by  section  30  shall  be  received  in  evi‐
dence, and shall, unless the contrary is proved, be deemed to have been given,
granted, or made by or on whose behalf it purports to have been given, granted,
or made.
(2)
Evidence  of  any  document  to  which  subsection  (1)  applies  may  be  given  by
production of a document purporting to be certified as a true copy thereof by
such person and in such manner as may be prescribed.
(3)
Any entry in a register made under this Act or any other Act referred to in sub‐
section (1) shall be received as evidence of the matters stated in the entry.
(4)
For the purposes of this Act, a certificate given by or on behalf of the Minister
that a person was at any time in Crown service under the New Zealand Govern‐
ment shall be conclusive evidence of that fact.
Compare: 1948 No 15 s 30
26
Discovery of documents held under this Act
(1)
Notwithstanding section 17 or section 27 of the Crown Proceedings Act 1950,
but subject to subsection (2), no court shall have power in any civil proceed‐
ings  to  require  the  Crown  to  make  discovery  of  a  document  or  to  produce  a
document for inspection if the document is held by or on behalf of the Crown
for any of the purposes of this Act.
(2)
Subsection  (1)  does  not  apply  to  proceedings  relating  to  any  matter  arising
under this Act to which the Crown is a party.
26A Disclosure of citizenship information to certain agencies for certain
purposes
(1)
The purpose of this section is to authorise the disclosure of citizenship informa‐
tion to certain agencies for certain purposes.
(2)
The Secretary and the chief executive of an agency listed in the first column of
Schedule 4 may enter into an agreement for the disclosure by the Secretary to
the chief executive of citizenship information only for the purpose described in
the second column in relation to the agency.
(3)
For the purposes of subsection (2), an agreement made in relation to citizenship
information  to  be  used  to  verify  whether  a  person  is  eligible  to  hold  a  New
Zealand passport, must be entered into by the Secretary in his or her capacity
as the holder of citizenship information with himself or herself in the capacity
as the holder of information under the Passports Act 1992.
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(4)
An agreement entered into under subsection (2) may be varied by the Secretary
and the chief executive.
(5)
The Secretary may disclose citizenship information to the chief executive only
in accordance with Schedule 4 and an agreement entered into under subsection
(2).
(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, Marriages, and Relationships Registration Act 1995 for the purpose of
recording that person’s citizenship status on his or her birth record.
(5B) On or after 1 December 2020, no information may be supplied under this sec‐
tion except under—
(a)
an information matching agreement entered into under Part 10 of the Pri‐
vacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy
Act 2020; or
(b)
an information matching agreement entered into under subpart 4 of Part
7 of the Privacy Act 2020; or
(c)
an approved information sharing agreement entered into under subpart 1
of Part 7 of the Privacy Act 2020.
(6)
In this section, citizenship information—
(a)
means information held by the Secretary that relates to the acquisition or
loss of citizenship by, or the citizenship status of, any person; and
(b)
includes information as to any change of identity or gender.
Section  26A:  inserted,  27  September  2001,  by  section  3  of  the  Citizenship  Amendment  Act  2001
(2001 No 58).
Section 26A heading: amended, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020
No 31).
Section  26A(1):  amended,  on  1  December  2020,  by  section  190  of  the  Privacy  Act  2020  (2020
No 31).
Section  26A(2):  amended,  on  1  December  2020,  by  section  190  of  the  Privacy  Act  2020  (2020
No 31).
Section  26A(5A):  inserted,  on  21  April  2005,  by  section  12(2)  of  the  Citizenship  Amendment  Act
2005 (2005 No 43).
Section 26A(5A): amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and
Relationships Registration Amendment Act 2008 (2008 No 48).
Section  26A(5B):  inserted,  on  1  December  2020,  by  section  190  of  the  Privacy  Act  2020  (2020
No 31).
Section  26A(6):  replaced,  on  1  December  2020,  by  section  190  of  the  Privacy  Act  2020  (2020
No 31).
26B Access to information for citizenship purposes
(1)
The  Secretary  and  the  chief  executive  of  the  department  that  is,  with  the
authority of the Prime Minister, for the time being responsible for the adminis‐
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28 October 2021
tration  of  the  Immigration  Act  2009  (the  chief  executive)  may  enter  into  an
agreement for access by the Secretary, or officers of the Department of Internal
Affairs designated by the Secretary for the purpose, to information held by the
chief  executive  by  virtue  of  being  responsible  for  the  administration  of  the
Immigration Act 2009 that is needed for or relevant to—
(a)
citizenship investigations and the accurate assessment of applications for
a grant of citizenship; or
(b)
determining whether a person is a New Zealand citizen by birth.
(2)
An agreement entered into under subsection (1) may be varied by the Secretary
and the chief executive.
(3)
Before  entering  into  an  agreement  under  subsection  (1),  or  varying  an  agree‐
ment under subsection (2), the Secretary and the chief executive must consult
with the Privacy Commissioner on the terms of the agreement or variation.
(4)
The Privacy Commissioner may require the Secretary and the chief executive
to  review  an  agreement  under  this  section,  and  report  on  the  result  of  the
review to the Privacy Commissioner, at intervals not shorter than 12 months.
(5)
For  citizenship  purposes,  the  Secretary  or  designated  officers  of  the  Depart‐
ment  of  Internal  Affairs  may  access  information  held  by  the  chief  executive
only in accordance with an agreement entered into under this section.
Section  26B:  inserted,  on  21  April  2005,  by  section  13  of  the  Citizenship  Amendment  Act  2005
(2005 No 43).
Section 26B(1): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
26C Access to information for purposes of Identity Information Confirmation
Act 2012
Nothing in this Act limits access to information that is recorded under this Act
if the access is for the purposes of, and in accordance with, the Identity Infor‐
mation Confirmation Act 2012.
Section 26C: inserted, on 19 December 2012, by section 22 of the Identity Information Confirmation
Act 2012 (2012 No 124).
27
Offences and penalties
(1)
Every person commits an offence, and is liable on conviction 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 particu‐
lar; or
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(b)
knowingly or recklessly submits false or forged documents to support a
citizenship application; or
(c)
in contravention of section 24, knowingly—
(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)) for unlawful purposes; or
(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 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.
Section 27: replaced, on 21 April 2005, by section 14 of the Citizenship Amendment Act 2005 (2005
No 43).
Section 27(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 27(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
28
Regulations
(1)
The  Governor-General  may  from  time  to  time,  by  Order  in  Council,  make
regulations for all or any of the following purposes:
(a)
prescribing anything that under this Act is to be prescribed:
(b)
providing  for  the  registration  of  anything  required  or  authorised  under
this Act to be registered:
(c)
providing for the administration and taking of oaths of allegiance under
this Act, prescribing the time within which oaths of allegiance shall be
taken, and providing for the registration of oaths of allegiance:
(d)
providing for the giving of any notice required or authorised to be given
to any person under this Act:
(e)
providing for the cancellation and amendment of certificates of naturali‐
sation and certificates of New Zealand citizenship, and for the cancella‐
tion of the registration of such certificates, relating to persons deprived
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28 October 2021
of New Zealand citizenship under this Act, and providing for the surren‐
der of such certificates by such persons:
(f)
providing for the registration, by officers in the service of the New Zea‐
land Government,—
(i)
of the births and deaths of persons of any class or description born
or dying in any Commonwealth country, or in a protected State, or
in any foreign country:
(ii)
of citizenship by descent of persons born in any Commonwealth
country, or in a protected State, or in any foreign country:
(g)
enabling  the  births  and  deaths,  and  the  citizenship  by  descent,  of  New
Zealand  citizens  and  British  protected  persons  to  be  registered  in  any
country  in  which  the  New  Zealand  Government  has  for  the  time  being
no overseas representatives—
(i)
by  persons  serving  in  the  diplomatic,  consular,  or  other  foreign
service of any country that, by arrangement with the New Zealand
Government, has undertaken to represent that Government’s inter‐
ests in that country; or
(ii)
by any person authorised in that behalf by the Governor-General:
(h)
providing for the keeping of records, registers, and indexes for the pur‐
poses  of  this  Act,  and  enabling  persons  to  inspect  and  make  copies  of
any entry in any such record, register, or index:
(i)
prescribing the fees payable, or the rate at which fees are to be calcula‐
ted,  and  providing  for  the  recovery  and  application  of  such  fees,  in
respect of—
(i)
any application made under this Act:
(ii)
the registration of any document under this Act:
(iii)
the making of any declaration under this Act:
(iv)
the taking of an oath of allegiance under this Act:
(v)
the grant of any certificate under this Act:
(vi)
the issue of any copy (whether certified or not) of any notice, cer‐
tificate, order, declaration, or entry given, granted, or made under
this Act:
(vii) the inspection of any record, register, or index kept under this Act:
(viia) the giving of written advice or the provision of written informa‐
tion, by or on behalf of the Secretary and whether generally or in
relation to a particular case, in respect of all or any of the follow‐
ing:
(A)
the eligibility of any person for citizenship by descent:
(B)
the acquisition by any person of citizenship:
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(C)
the status of any person under this Act:
(viib) the issue of a certificate under section 7(3):
(viii) any other matter arising under this Act:
(j)
[Repealed]
(k)
prescribing  offences  in  respect  of  the  contravention  of  or  non-compli‐
ance  with  any  regulations  made  under  this  Act,  and  prescribing  the
amount of any fine that may be imposed in respect of any such offence,
being an amount not exceeding $200 and, where the offence is a continu‐
ing one, a further amount not exceeding $20 for every day during which
the offence has continued:
(l)
providing for such other matters as are contemplated by or necessary for
giving full effect to the provisions of this Act and for the due administra‐
tion thereof.
(2)
Every fee prescribed by or under regulations made under this section shall be
reasonable, having regard to the costs and expenses incurred and borne by or
on behalf of the Secretary in respect of the matter for which the fee is payable.
(3)
Regulations  under  this  section  are  secondary  legislation  (see  Part  3  of  the
Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication
PCO must publish it on the legislation website and notify LA19 s 69(1)(c)
it in the Gazette
Presentation
The Minister must present it to the House of
LA19 s 114, Sch 1
Representatives
cl 32(1)(a)
Disallowance
It may be disallowed by the House of Representatives
LA19 ss 115, 1 16
This note is not part of the Act.
Section 28(1)(f): replaced, on 18 November 1992, by section 12(1) of the  Citizenship Amendment
Act 1992 (1992 No 104).
Section 28(1)(g): replaced, on 18 November 1992, by section 12(1) of the Citizenship Amendment
Act 1992 (1992 No 104).
Section 28(1)(h): replaced, on 1 April 1987, by section 25(1) of the Official Information Amendment
Act 1987 (1987 No 8).
Section 28(1)(i): amended, on 18 November 1992, by section 12(2) of the Citizenship Amendment
Act 1992 (1992 No 104).
Section 28(1)(i)(viia): inserted, on 18 November 1992, by section 12(3) of the Citizenship Amend‐
ment Act 1992 (1992 No 104).
Section 28(1)(i)(viib): inserted, on 18 November 1992, by section 12(3) of the Citizenship Amend‐
ment Act 1992 (1992 No 104).
Section 28(1)(j): repealed, on 1 September 1995, by section 96 of the Births, Deaths, Marriages, and
Relationships Registration Act 1995 (1995 No 16).
Section 28(2): inserted, on 18 November 1992, by section 12(4) of the Citizenship Amendment Act
1992 (1992 No 104).
Section  28(3):  inserted,  on  28  October  2021,  by  section  3  of  the  Secondary  Legislation  Act  2021
(2021 No 7).
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29
Application of Act to Cook Islands, Niue, and Tokelau
(1)
Whereas in accordance with Article 46 of the Constitution of the Cook Islands
(as set out in Schedule 2 of the Cook Islands Constitution Amendment Act
1965) the Government of the Cook Islands has requested and consented to the
enactment of a provision extending all of the provisions of this Act to the Cook
Islands as part of the law of the Cook Islands:
Be it therefore enacted as follows:
The provisions of this Act shall extend to the Cook Islands as part of the law of
the Cook Islands.
(2)
Amendment(s) incorporated in the Act(s).
(3)
The provisions of this Act shall be in force in Tokelau.
30
Repeals, consequential amendments, and revocation
(1)
The enactments specified in Schedule 2 are hereby consequentially repealed.
(2)
The enactments specified in Schedule 3 are hereby consequentially amended in
the manner indicated in that schedule.
(3)
The Citizenship Deprivation Rules 1949 are hereby consequentially revoked.
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Schedule 1AA
Schedule 1AA
Transitional, savings, and related provisions
s 4B
Schedule 1AA: inserted, on 14 August 2018, by section 29 of the Minors (Court Consent to Relation‐
ships) Legislation Act 2018 (2018 No 22).
Part 1
Provisions relating to Minors (Court Consent to Relationships)
Legislation Act 2018
1
Interpretation
In this Part,—
2018 Act means the Minors (Court Consent to Relationships) Legislation Act
2018
commencement date means the day on which the 2018 Act comes into force.
2
Consents given under section 3(5A)(b) before commencement date
Consents given under section 3(5A)(b)(i) or (ii) before the commencement date
continue to have effect as if the 2018 Act had not been enacted.
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Schedule 1
Oath of allegiance
s 11
Schedule 1: replaced, on 14 December 1979, by section 2 of the Citizenship Amendment Act 1979
(1979 No 80).
I, [full name], swear that I will be faithful and bear true allegiance to Her (or His)
Majesty [specify the name of the reigning Sovereign, as thus: Queen Elizabeth the
Second, Queen of New Zealand,] Her (or His) 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.
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Schedule 2
Schedule 2
Enactments consequentially repealed
s 30(1)
Aliens Act 1948 (1948 No 28)
Amendment(s) incorporated in the Act(s).
Aliens Amendment Act 1965 (1965 No 71)
Amendment(s) incorporated in the Act(s).
Aliens Amendment Act 1967 (1967 No 56)
British Nationality and New Zealand Citizenship Act 1948 (1948 No 15)
British Nationality and New Zealand Citizenship Amendment Act 1959 (1959 No
38)
British Nationality and New Zealand Citizenship Amendment Act 1965 (1965 No
72)
British Nationality and New Zealand Citizenship Amendment Act 1969 (1969 No
70)
British Nationality and New Zealand Citizenship Amendment Act 1973 (1973 No
51)
Western Samoa Amendment Act 1970 (1970 No 123)
31

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Schedule 3
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28 October 2021
Schedule 3
Enactments consequentially amended
s 30(2)
Adoption Act 1955 (1955 No 93)
Amendment(s) incorporated in the Act(s).
Age of Majority Act 1970 (1970 No 137)
Amendment(s) incorporated in the Act(s).
Consular Privileges and Immunities Act 1971 (1971 No 11)
Amendment(s) incorporated in the Act(s).
Diplomatic Privileges and Immunities Act 1968 (1968 No 36)
Amendment(s) incorporated in the Act(s).
Status of Children Act 1969 (1969 No 18)
Amendment(s) incorporated in the Act(s).
Western Samoa Act 1961 (1961 No 68)
Amendment(s) incorporated in the Act(s).
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Schedule 4
Schedule 4
Disclosure of information to agencies
s 26A
Schedule 4: inserted, on 27 September 2001, by section 4 of the Citizenship Amendment Act 2001
(2001 No 58).
Schedule 4 heading: amended, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020
No 31).
Agency
Purpose
Department of Internal Affairs
To verify whether a person is eligible to hold a New
Zealand passport
Registrar-General appointed under
For the Registrar-General to be satisfied whether or
section 79(1) of the Births, Deaths,
not a person is a New Zealand citizen
Marriages, and Relationships
Registration Act 1995
Department of Inland Revenue
To verify the identity of a person to establish—
(a)
the tax file number of the person:
(b)
the details of an applicant for child support
Department of Labour
To verify—
(a)
a person’s citizenship status:
(b)
a person’s entitlement to reside in New
Zealand
Ministry of Social Development
To—
(a)
verify a person’s eligibility or continuing
eligibility for benefits, war pensions, grants,
loans, or allowances:
(b)
verify a person’s eligibility or continuing
eligibility for a community services card
Ministry of Education
To verify and update student information on the
National Student Index
Schedule 4: amended, on 1 December 2020, by section 190 of the Privacy Act 2020 (2020 No 31).
Schedule 4: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Rela‐
tionships Registration Amendment Act 2008 (2008 No 48).
Schedule  4:  amended,  on  21  April  2005,  by  section  15  of  the  Citizenship  Amendment  Act  2005
(2005 No 43).
Schedule 4: amended (with effect on 1 October 2001), on 2 August 2003, pursuant to section 13(1) of
the State Sector Amendment Act 2003 (2003 No 41).
Schedule  4:  amended,  on  19  December  2002,  by  section  3(1)  of  the  Citizenship  Amendment  Act
2002 (2002 No 62).
Schedule  4:  amended,  on  19  December  2002,  by  section  3(2)  of  the  Citizenship  Amendment  Act
2002 (2002 No 62).
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Citizenship Amendment Act 2005
Public Act
2005 No 43
Date of assent
20 April 2005
Commencement
see section 2
1
Title
(1)
This Act is the Citizenship Amendment Act 2005.
(2)
In this Act, the Citizenship Act 1977 is called “the principal Act”.
2
Commencement
This  Act  comes  into  force  on  the  day  after  the  date  on  which  it  receives  the
Royal assent.
Transitional provision
17
Transitional provisions in relation to applications for citizenship
(1)
Nothing in new sections 8, 9, 9A, and 9B of the principal Act applies in rela‐
tion to any application for a grant of citizenship made before the date of com‐
mencement  of  this  Act,  and  any  such  application  must  be  determined  in
accordance with the former sections 8, 8A, and 9 of the principal Act.
(2)
An application for a grant of citizenship made during the 5-year period com‐
mencing  with  the  date  of  commencement  of  this  Act  by  a  person  of  a  kind
described  in  subsection  (3)  must  be  determined  in  accordance  with  the  new
sections 8, 9, 9A, and 9B of the principal Act as if—
(a)
subsections  (2)(b),  (4)(b)  and  (7)  of  the  new  section  8  (which  set  min‐
imum presence requirements for the period of 5 years preceding the date
of application for citizenship) did not apply; and
(b)
there were substituted for those provisions subsections (2)(a), and (4) of
the former section 8 (which set residence requirements for the period of
3 years preceding the date of application for citizenship) of the principal
Act; and
(c)
subsections (5) and (6) of the new section 8 applied for the purposes of
the former section 8(2)(a) as if they referred to a period of 3 years rather
than a period of 5 years; and
(d)
for  the  purposes  of  the  former  section  8(2)(a)  and  (4),  the  time  during
which a person is ordinarily resident in New Zealand—
(i)
includes time spent in New Zealand before the commencement of
the Immigration Act 2009 while holding a valid immigration per‐
mit  or  being  exempt  from  the  requirement  to  hold  a  permit,  and
time  spent  in  New  Zealand  after  the  commencement  of  that  Act
while holding a valid visa; but
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(ii)
does not include any time during which the person was unlawfully
in New Zealand.
(3)
Subsection (2) applies in respect of any person who—
(a)
before the date of commencement of this Act was entitled in terms of the
Immigration Act 1987 to be in New Zealand indefinitely, or was entitled
to reside indefinitely in the Cook Islands, Niue, or Tokelau; or
(b)
became so entitled on or after the date of commencement of this Act
pursuant to an application made under the Immigration Act 1987 or the
Immigration Act 2009.
(4)
In this section,—
former, in relation to any section or provision, means the relevant section or
provision of the principal Act as in force before the commencement of this Act
new, in relation to any section or provision, means the relevant section or pro‐
vision of the principal Act as substituted by section 7 of this Act.
Section 17(2)(d)(i): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration
Act 2009 (2009 No 51).
Section 17(3)(b): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act
2009 (2009 No 51).
35

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Notes
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Notes
1
General
This  is  a  consolidation  of  the  Citizenship  Act  1977  that  incorporates  the
amendments  made  to  the  legislation  so  that  it  shows  the  law  as  at  its  stated
date.
2
Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted
or made by the legislation consolidated and by the amendments. This presump‐
tion applies unless the contrary is shown.
Section  78  of  the  Legislation  Act  2019  provides  that  this  consolidation,  pub‐
lished as an electronic version, is an official version. A printed version of legis‐
lation that is produced directly from this official electronic version is also an
official version.
3
Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to con‐
solidations using the powers under subpart 2 of Part 3 of the Legislation Act
2019. See also PCO editorial conventions for consolidations.
4
Amendments incorporated in this consolidation
Secondary Legislation Act 2021 (2021 No 7): section 3
Public Service Act 2020 (2020 No 40): section 135
Privacy Act 2020 (2020 No 31): section 190
Statutes Amendment Act 2019 (2019 No 56): Part 6
Minors (Court Consent to Relationships) Legislation Act 2018 (2018 No 22): sections 27–29
Identity Information Confirmation Act 2012 (2012 No 124): section 22
Criminal Procedure Act 2011 (2011 No 81): section 413
Immigration Act 2009 (2009 No 51): section 406(1)
Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48): sec‐
tion 47
Overseas Investment Act 2005 (2005 No 82): section 75
Citizenship Amendment Act 2005 (2005 No 43)
State Sector Amendment Act (No 2) 2004 (2004 No 114): section 19(1)
State Sector Amendment Act 2003 (2003 No 41): section 13(1)
New Zealand Trade and Enterprises Act 2003 (2003 No 27): section 84
Citizenship Amendment Act 2002 (2002 No 62)
Citizenship Amendment Act (No 2) 2001 (2001 No 95)
Citizenship Amendment Act 2001 (2001 No 58)
Citizenship Amendment Act 2000 (2000 No 9)
Adoption (Intercountry) Act 1997 (1997 No 109): section 29
36

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Notes
Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16): section 96
Foreign Affairs Amendment Act 1993 (1993 No 48): section 2(3)
Citizenship Amendment Act 1992 (1992 No 104)
Judicature Amendment Act 1991 (1991 No 60): section 3(4)
Official Information Amendment Act 1987 (1987 No 8): section 25(1)
Citizenship Amendment Act 1985 (1985 No 169)
Citizenship (Western Samoa) Act 1982 (1982 No 11): section 10
Judicature Amendment Act 1979 (1979 No 124): section 12
Citizenship Amendment Act 1979 (1979 No 80)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2021
37