New Zealand nationality law
New Zealand citizenship was created on 1 January 1949, by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date New Zealanders were British subjects and New Zealand had the same nationality legislation as the United Kingdom and other Commonwealth countries (see also British nationality law).
The 1948 legislation was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. This was substantially amended in 2005 by the Citizenship (Amendment) Act 2005, in force from 21 April 2005.
Rights and Responsibilities of New Zealand Citizens
New Zealand citizens enjoy the following rights (subject to certain exceptions):
- entitlement to a New Zealand passport and to New Zealand consular protection overseas
- immunity from deportation
- entitlement to vote and stand for public office
- entitlement to leave New Zealand and return at any time without requiring a returning resident visa
- entitlement to pass on New Zealand citizenship by descent to children born outside New Zealand
- the right to purchase certain rural property
- full access to education rights, such as subsidised fees and scholarships
- ability to apply for public service jobs reserved for New Zealand citizens
The following responsibilities are expected of New Zealand citizens:
- obey and promote the laws of New Zealand
- not act in any way that is contrary to the interests of New Zealand
Acquisition of New Zealand Citizenship - 1 January 1949
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Ireland Act 1949 |
New Zealand citizenship was acquired on this date by British subjects falling into the following categories:
- those born or naturalised in New Zealand
- those born in Samoa
- those ordinarily resident in New Zealand during 1948
- those with a father born or naturalised in New Zealand
- women married to men who became New Zealand citizens on 1 January 1949
For the purpose of passing on New Zealand citizenship to children born outside New Zealand, all such persons are New Zealand citizens by descent.
Similarly, all persons born or naturalised in New Zealand in 1949 or later are New Zealand citizens 'otherwise than by descent'.
Acquisition of New Zealand Citizenship - Birth in New Zealand
In general, any person born in New Zealand before 2006 is a New Zealand citizen by birth. The only exceptions concern children of foreign diplomats.
Children born in New Zealand on or after 1 January 2006 will acquire New Zealand citizenship by birth only if at least one parent is a New Zealand citizen or permanent resident (including Australian citizens). Children born to a parent who is a permanent resident of the Cook Islands, Tokelau or Niue also qualify.
Naturalisation as a New Zealand Citizen
One must be a Permanent Resident of New Zealand (also including Australian citizens and permanent residents, under the Trans-Tasman Travel Arrangement) and have been living in New Zealand for five years on that permit, to apply for New Zealand citizenship.
Those present in New Zealand as permanent residents before 21 April 2005, or those who applied successfully for permanent residence before that date, may be able to apply for New Zealand citizenship after three years' "ordinary residence" (this provision expires on 1 January 2010). For permanent residents who received their permanent residence after 21 April 2005, five years of residence is needed before being able to apply for citizenship.
Those that have been in New Zealand without a permit during their ordinary residence period do not meet the requirements because "unlawful residence" is precluded in the Citizenship Act 1977. Ordinary residence is assessed by backdating three years before an application is lodged. Time spent in New Zealand before the three year period is not relevant.
One must also intend to continue to reside in New Zealand, be of good character, have sufficient knowledge of the English language, and demonstrate an understanding of the responsibilities and privileges of being a New Zealand Citizen.
There are exceptions to the usual residence requirements in some cases, including:
- citizens of Samoa
- persons born outside New Zealand to a New Zealand mother between 1949 and 1977
- persons adopted by New Zealand citizens
- children of New Zealand citizens
Persons granted New Zealand citizenship must usually attend a citizenship ceremony. The exceptions are:
- children aged under 14
- persons who are already New Zealand citizens by descent
- persons granted citizenship on the basis of birth outside New Zealand to a New Zealand citizen mother
New Zealand Citizenship by Descent
The following persons are New Zealand citizens by descent:
- those born outside New Zealand between 1949 and 1977 with a father who is a New Zealand citizen otherwise than by descent
- those born outside New Zealand from 1 January 1978 with either parent who is a New Zealand citizen otherwise than by descent. In these cases, New Zealand citizenship must be registered in order to take effect.
New Zealand citizens by descent cannot generally pass on New Zealand citizenship to a child born outside New Zealand, unless:
- the child would otherwise have no other nationality; or
- the child is brought to live in New Zealand and subsequently granted New Zealand citizenship
Grant of New Zealand Citizenship for Citizens by Descent
New Zealand citizens by descent may apply for grant of New Zealand citizenship (naturalisation) after meeting the normal residence requirements. Upon this point, they become New Zealand citizens otherwise than by descent and can then pass on New Zealand citizenship to children born outside New Zealand.
Grant of New Zealand Citizenship - Born before 1978 to a New Zealand mother
Persons born or adopted outside New Zealand between 1949 and 1977 with a mother who is a New Zealand citizen otherwise than by descent may be eligible to apply for grant of New Zealand citizenship.
Dual Citizenship
New Zealand has permitted dual or multiple citizenship since the creation of New Zealand citizenship on 1 January 1949.
However those New Zealanders who lost British subject status before that date do not necessarily have an entitlement to acquire New Zealand citizenship.
New Zealand Territories
The territories of the Cook Islands, Niue and Tokelau are part of New Zealand for citizenship purposes and the inhabitants are New Zealand citizens.
Western Samoa
Western Samoa was a territory of New Zealand from the end of World War I until 1962. On 28 July 1982, following a stiff tightening of Pacific Island immigration by the Muldoon government, the Privy Council ruled that all Samoans born between 1924 and 1948, and their children, were entitled to be New Zealand citizens.[1] In response, the Government passed the Citizenship (Western Samoa) Act 1982. Under this new law, Samoan citizens who:
- were in New Zealand on 14 September 1982; or
- arrived in New Zealand as permanent residents after that date
were eligible to be granted New Zealand citizenship, but other Samoans born before 1949 and their children were not.
This law has been controversial. A 2003 petition asking the New Zealand Parliament to repeal the Act attracted 100,000 signatures, and the Samoan rights group Mau Sitiseni filed a petition on the issue with the United Nations International Human Rights Committee in 2007.[2]
Commonwealth Citizenship
Under United Kingdom legislation, New Zealanders are Commonwealth citizens and are entitled to certain rights with respect to the UK:
- access to the UK Working Holiday visa scheme
- for those with a UK-born grandparent, access to the UK Ancestry Entry Clearance
- for those born before 1983 who meet the requirements, Right of Abode in the United Kingdom
- for those resident in the UK, the right to vote and stand for public office there
Historical provisions - 1949 to 1977
Prior to 1 January 1978, New Zealand citizenship law had different rules.
- persons from most Commonwealth countries (including the United Kingdom) and the Republic of Ireland could apply to be registered as a New Zealand citizen. Under the 1948 legislation, no specific residence period was required once the person was settled in New Zealand
- persons from non-Commonwealth countries had to become naturalised. This required five years residence, including a requirement for notice to be given 12 months before application.
- citizenship ceremonies were introduced in 1954 for those becoming naturalised New Zealand citizens
- women married to New Zealand citizens were permitted to become New Zealand citizens as of right, without a residence requirement, if a citizen of a Commonwealth nation or the Republic of Ireland. Where the woman was from a non-Commonwealth nation, registration was allowed at the discretion of the Minister.
- New Zealand citizenship by descent could be obtained only from a father, not the mother (however those born between 1949 and 1977 to a New Zealand mother may be able to register now as New Zealand citizens). Where the father was a New Zealand citizen by descent, the child normally had to be registered as a New Zealand citizen before age 16.
See also
- Australian nationality law
- Special Category Visa
- History of British nationality law
- UK Ancestry Entry Clearance
- Right of Abode (United Kingdom)
- Independence of New Zealand
References
- ^ So'o, Asofou (Spring 2004). "Samoa". The Contemporary Pacific 16 (1): 163–166. doi:10.1353/cp.2004.0030. http://muse.jhu.edu/login?uri=/journals/contemporary_pacific/v016/16.1soo.html. Retrieved on 2007-03-14.
- ^ "Samoan rights group to lobby U.N. for New Zealand citizenship". International Herald Tribune: Asia Pacific. 8 March 2007. http://www.iht.com/articles/ap/2007/03/08/asia/AS-GEN-New-Zealand-Samoa-Citizenship.php.
External links
- New Zealand Citizenship Office
- History of New Zealand citizenship
- Nationality and Naturalisation, 1966 Encyclopedia of New Zealand
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