4 April 2025
45 Pipitea Street, Wellington 6011
Phone +64 4 495 7200
dia.govt.nz
Grace Haden
fyi-request-30329-
[email address]
Tēnā koe Grace
OIA request 24/25 0855 Request for British Nationality and New Zealand Citizenship Act 1948
Thank you for your Official Information Act (OIA) request received by the Department of
Internal Affairs (Department) on 7 March 2025.
You requested –
1. The legal provisions by which New Zealanders lost the British subject status and
2. Any discussion papers and policies which consider the implications of the loss of this
status especially as it applies to
a. Those naturalised and becoming New Zealand citizens by taking the oath of
allegiance
b. The implications on Māori and article 3 of the treaty of Waitangi
It is important for me to explain that the Department is not obliged to form an opinion, create
information or provide legal advice to answer an official information request. There is a
difference between:
questions which can be answered by providing information already known to and held
by the agency (official information); and
questions which require the agency to form an opinion or provide an explanation and so
create new information to answer the request (not official information).
In response to your request, I can provide you with the following information:
Question one
Before 1949, there was no legal status of ‘New Zealand citizen’. Individuals born in New Zealand
prior to 1949 became British subjects at birth. On 1 January 1949, the British Nationality and
New Zealand Citizenship Act 1948 (Citizenship Act 1948) came into force. This Act created the
legal status of ‘New Zealand citizen’.
Part 1 section 3 of the Citizenship Act 1948 stated:
Every person who under this Act is a New Zealand Citizen, shall have the status of a
British Subject.
Any person having the status aforesaid may be known as a British Subject or as a
Commonwealth Citizen.
The Citizenship Act 1948 was repealed by the Citizenship Act 1977 No 61 (as at 26 November
2024), Public Act – New Zealand Legislation and people this act applies to are referred to as New
Zealand citizens rather than British subjects. Reference to British subjects in the Citizenship Act
1977 (Citizenship Act) is in relation to Commonwealth citizens and people born to a parent
where Her Majesty then had foreign jurisdiction over British Subjects.
New Zealand citizenship is governed by the Citizenship Act 1977 and the Citizenship (Western
Samoa) Act 1982. The Department is responsible for the administration of these Acts.
It is important to note that there are three types of New Zealand citizenship; by birth, by
descent and by grant.
Citizenship by birth - A person may be a New Zealand citizen by birth if they were born in New
Zealand before 1 January 2006 or if they were born in New Zealand on or after 1 January 2006
and at least one of their parents is a New Zealand citizen or permanent resident.
Citizenship by descent - A person may be registered as a New Zealand citizen by descent if they
were born overseas and have at least one parent who was a New Zealand citizen by birth or
grant at the time of their birth. New Zealand citizenship by descent is limited to the first
generation born outside New Zealand since the Act came into force on 1 January 1978.
Citizenship by grant - A person may be eligible to apply for citizenship by grant under sections
8,9, or 10 of the Citizenship Act 1977 or under section 7 of the Citizenship (Western Samoa) Act.
Citizens from other countries who meet specific requirements to apply for a grant of New
Zealand citizenship. If the Minister authorises the grant, the applicant will be invited to attend a
citizenship ceremony to take the oath of allegiance to become a New Zealand citizen. The New
Zealand legislation does not require any citizen from any country to renounce their current
citizenship prior to or as a result of taking the oath of allegiance.
The British Nationality Act 1981
(British Law) formally redefined British Subject Status, removed
the British Subject status of New Zealand citizens and came into force 1 January 1983. The
following website British subjects (accessible) - GOV.UK provides information as to British
Subject Status on 1 January 1983 and Automatic loss of British Subject Status.
Question two
As this is not a decision which falls within the powers of the New Zealand government, the
Department does not hold any discussion papers or policies which consider the implications of
the loss of the British subject status for those naturalised and becoming New Zealand citizens by
taking the oath of allegiance and the implications on Māori and article 3 of the treaty of
Waitangi. Therefore, I must refuse this portion of your request pursuant to section 18(g) of the
OIA; that the information requested is not held by the Department and we have no grounds for
believing that the information is either held by another department or connected more closely
with the function of another Department.
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As this information may be of interest to other members of the public, the Department has
decided to proactively release a copy of this response on the DIA website. All requestor data,
including your name and contact details, will be removed prior to release. The released
response will be made available here: www.dia.govt.nz/Official-Information-Act-Requests-2.
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about how to make a complaint is available at www.ombudsman.parliament.nz or
freephone 0800 802 602.
Ngā mihi
John Crawford-Smith
Principal Advisor Operations
Regulatory and Identity Services
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