Policy – Grant of citizenship by reason of
exceptional circumstances and public interest
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exceptional circumstances and public interest
On this page:
Legislation
Requirements
Exceptional circumstances and public interest
Representing New Zealand
New Zealand Defence Force
Application of section 8(2)
Scope
This policy outlines the relevant legislation and policy relating to the public interest and
exceptional circumstances' requirement of the Citizenship Act 1977.
Legislation
Section 9(1)(c) of the Citizenship Act 1977 states:
'The Minister may authorise the grant of citizenship under this section if,-
under the Official Information Act 1982
satisfied that granting a certificate of New Zealand citizenship to the applicant would
be in the public interest because of exceptional circumstances of a humanitarian or
other nature relating to the applicant.’
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Requirements
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Applicants who can be considered under section 9(1)(c)
An applicant should only be considered under section 9(1)(c) if the applicant is unable
to fulfil the requirements for the grant of citizenship, under the following sections of
the Citizenship Act 1977.
Section: Requirements
8(1)
16 years of age
full capacity, and other general requirements.
Applicant has not yet attained the age of 16 years.
Note:
9(1)(a)
Although the Minister can consider an application put forward as a
submission under 9(1)(a), Citizenship is most likely to recommend
consideration under 9(1)(c).
Fulfilment of section 9(1)(c) requirements
For the Minister to consider authorising the grant of citizenship under section 9(1)(c),
an applicant must satisfy the Minister that:
there are exceptional circumstances which relate to the applicant, and
because of the applicant's exceptional circumstances, it would be in the public
interest to grant citizenship.
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under the Official Information Act 1982
Exceptional circumstances and public interest
Exceptional circumstances
It is not possible to pre-determine what constitutes ‘exceptional circumstances’.
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An assessment must be made on a case-by-case basis, having regard to the applicant's
particular circumstances.
The ‘exceptional circumstances’ criteria provide a difficult test for an applicant to fulfil.
Although many applicants' circumstances may cause some degree of difficulty or
hardship, such cases are unlikely to be able to fulfil the ‘exceptional’ criteria.
While an applicant’s ‘exceptional circumstances’ may not be unique or without
precedence the case should be relatively rare and uncommon (this would generally
exclude the need to travel, for instance).
Public interest
The Minister must also be satisfied that, due to the applicant's exceptional
circumstances, it would be in the public interest to grant citizenship.
The public interest factor should generally:
arise directly from the applicant's exceptional circumstances, and
provide some advantage, or positive benefit to New Zealand.
The public interest test should not be applied too rigidly.
When applying the test, we should be aware that in addition to a grant of
citizenship directly leading to a positive benefit or advantage, the following situations
may also be in the public interest:
1. Where a grant of citizenship would remedy an existing situation, and remedying
that situation would be in the public interest (this is in effect a benefit to the
public interest)
2. Where a grant of citizenship would avoid a negative impact on the public
interest.
under the Official Information Act 1982
In some cases, it may be in the public interest to remedy unjust circumstances or avoid
negative consequences for New Zealand.
New Zealand's international obligations and observance of human rights may be
applicable to citizenship matters from time to time.
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For example, the test may need to take into account any impact on the unity of the
family and the impact on young persons due to New Zealand's international
obligations regarding the rights of the child.
Each case will still need to be determined on its own facts with all relevant public
interest factors being considered.
See Memo – legal advice.
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Representing New Zealand
Some applicants seeking consideration for exceptional circumstances in the public
interest may do so on the basis that they wish to represent New Zealand in a particular
field.
An exceptional circumstance may exist for an application where that applicant is highly
skilled or talented in a particular activity as to be representative of that activity (e.g. in
the sporting, artistic, cultural, scientific, or academic arenas) and is recognised as such
by the appropriate administrative body for that endeavour.
The decision on whether an applicant’s circumstances are ‘exceptional’ should be made
on a case-by-case basis and consideration should be given, but not limited, to the
following:
Is the applicant highly skilled or talented? To assess this consider the quality of
the reference/s provided by the applicant, the status of the referee/s and the
relationship of the referee to the applicant.
Is New Zealand citizenship the only requirement for selection that the applicant
does not meet?
under the Official Information Act 1982
Is the body the applicant wants to represent:
o a national sport organisation (NSO) recognised by Sport New Zealand
(Sport NZ)? See Sport NZ website; AND
o recognised by an international federation of that activity (e.g. the New
Zealand Rugby Union is affiliated to the International Rugby Board)?
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The decision whether an applicant’s ‘exceptional circumstances’ provide some
identifiable ‘advantage’ or ‘positive benefit’ to New Zealand should be made on a case-
by-case basis having regard, but not limited, to the following:
The size of the activity’s membership and following in New Zealand. Note: This
may be difficult to judge in some circumstances.
The international ranking of New Zealand in the sport or activity.
Is this an international competition or event? What is the scale of the event? (e.g.
world cup or trans-Tasman match)
Will the applicant’s attendance at the event have an identifiable positive impact
within New Zealand?
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New Zealand Defence Force
If an applicant for a grant of citizenship requests special treatment based on being a
member of the New Zealand Defence Force they are required to provide a letter of
support from Defence Force Headquarters. Members of the Defence Force include
members of the Army, Navy and Air Force.
If an applicant asks for urgency (for processing or for a ceremony), or requests being
considered under section 8(7) or 9(1)(C) due to the need to either be deployed, obtain
a security clearance or something else that requires the support of the Defence Force, a
letter is required from the Chief of Defence Force or the delegated authority for these
matters — Principal Human Resources Advisor (Military).
Applicants should contact 9(2)(g)(ii)
to get this letter. Please note:
this email address is for current and former serving NZDF personnel. It is not to be
under the Official Information Act 1982
provided to members of the public who are seeking citizenship to enlist in the NZDF.
In cases where the Defence Force provides a letter of support for an applicant the
application should be processed as normal, and they will request urgent processing
where required. They will generally also authorise a member of the Defence Force to be
the agent for the applicant.
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See Guidelines – Assess request for urgent processing for more information on
urgency.
Deployment
Members of the Defence Force can generally be deployed overseas without holding
New Zealand citizenship if a waiver is approved.
Getting citizenship before meeting the requirements is a last resort, where no other
member of the Defence Force could be deployed, and a waiver is not appropriate (for
instance if another country will now allow non-New Zealand citizens to be there as a
member of the Defence Force, or if a particular mission only allows New Zealand
citizens).
The Defence Force internal policy is:
Members of the Armed Forces being considered for deployment should be New
Zealand citizens
If the deployment of a non-New Zealand citizen is necessary, a waiver should be
sought from COMJFNZ
Where a non-New Zealand citizen is required for a development where it is not
appropriate to issue a waiver, and for which New Zealand citizenship is deemed
essential, a case will need to be made to Minister of Internal Affairs through the
Department of Internal Affairs for urgent citizenship consideration. Such
applications are to be made by COMJFNZ through CDF. Should application for
urgent citizenship be denied, then the deployment of the individual concerned is
to be reviewed.
In cases where a person must be citizen in order to be deployed, the Chief of Defence
under the Official Information Act 1982
Force, with the approval of the Minister of Defence, will issue a letter to the Department
of Internal Affairs in support of the citizenship application.
Security clearances
In some cases a person may require clearance to view documents that are called 'New
Zealand Eyes Only'.
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If the applicant is required to view such documents and is not a New Zealand citizen,
the Chief of Defence Force will provide a letter of support, similar to the one for
deployment, above, that requests the Minister of Internal Affairs considers granting the
applicant citizenship.
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Application of section 8(2)
Section 9(2)
When considering an applicant under new section 9(1)(c), the Minister may have regard
to the requirements of section 8(2), subject to sections 8(3), 8(4), 8(5), 8(6), 8(7), 8(8)
and 8(9) as the Minister thinks fit, and must have regard to the requirements of section
9A(1), subject to the Minister’s discretion under section 9A(2) and (3).
Section 9(2) of the Citizenship Act 1977 allows the Minister to have regard to the
section 8(2) requirements when considering an application under section 9(1)(c).
Sections 8(4), 8(5), 8(6), 8(7) and 8(8) provide alternative means of fulfilling certain
section 8(2) requirements.
Application of section 8(2) requirements
Citizenship’s policy is to advise the Minister of an applicant's ability to fulfil the section
8(2) requirements when considering an application under section 9(1)(c).
Where an applicant is unable to fulfil a particular requirement under section 8(2), the
under the Official Information Act 1982
Citizenship Office will ascertain why the applicant is unable to fulfil that requirement
and provide all relevant information to the Minister.
The factors to assess cannot be pre-determined and must be assessed on a case-by-
case basis.
However, the following considerations may be taken into account when making a
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recommendation to the Minister:
the applicant's humanitarian or other personal circumstances
the reason(s) why the applicant cannot meet a particular requirement
whether the applicant's humanitarian or other personal circumstances preclude
him/her from meeting that particular requirement, now and in the future and the
effect this will have, in general, on his/her circumstances
the intent of the requirement(s) that the applicant doesn't meet
any reason(s) why the applicant needs the grant of New Zealand citizenship
whether there are any other avenues open to the applicant to pursue, other than
the grant of New Zealand citizenship, and
what control the applicant has over their current humanitarian or other personal
circumstances that have led them to apply for citizenship.
This list is not exhaustive. The applicant should provide as much information as they
can to enable full consideration to be given to their case.
Note:
The public interest must be served by granting citizenship to an applicant under this
section.
See the above section ‘public interest’ for further information.
Applicants who do not meet the requirements of the
Adoption Act 1955
Applications may be lodged by applicants who do not meet the requirements of the
under the Official Information Act 1982
Adoption Act 1955. (suspension on the recognition of overseas adoptions, except for
exempt countries which came into effect on the 18 September 2025).
These applications can choose to apply for citizenship by grant and proceed under the
91c) pathway. They would have to prove that they have exceptional circumstances that
would mean it is in the public interest to grant them citizenship.
An applicant’s overall situation may be considered when determining whether their
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circumstances are exceptional and whether it would be in the public interest to grant
them citizenship because of their exceptional circumstances. Exceptional circumstances
should be relatively rare and uncommon.
We may identify these applications by indicators such as:
child doesn't have residence permit
child doesn’t have an AMS record
a letter explaining they do not meet the Adoption Act 1955
Adopted by NZ citizen parents
Adopted overseas on or after date the Adoption changes (18 September 2025)
Provided a letter from the Descent Team confirming they have no claim
Referral to Minister
All applications under section 9(1)(c) of the Citizenship Act 1977 must be referred to the
Minister as a submission.
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Get help or give feedback
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Last updated 8 December 2025
under the Official Information Act 1982
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