New Zealand nationality law
From Freepedia
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 Australia shared a common nationality code with the United Kingdom and the other Commonwealth countries at the time (see also British nationality law)
The 1948 legislation was replaced with a new 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
New Zealand citizenship was acquired on this date by British subjects falling into the following categories, including:
- 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 otherwise than 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 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 only acquire New Zealand citizenship by birth if at least one parent is a New Zealand citizen or permanent resident (including Australian citizens).
Naturalisation as a New Zealand Citizen
Permanent residents of New Zealand (including Australian citizens) may apply for New Zealand citizenship after 5 years residence in New Zealand.
Those present in New Zealand as permanent residents before 21 April 2005, or those who applied for permanent residence before that date, may be able to apply for New Zealand citizenship after 3 years residence.
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 ceased to be a territory of New Zealand in 1962. The law relating to the New Zealand citizenship of Samoans was clarified in 1982 with an eligibility for grant of New Zealand citizenship extended to Samoan citizens who were:
- physically in New Zealand on 14 September 1982; or
- arrived in New Zealand as permanent residents after that date.
Commonwealth Citizenship
Under United Kingdom law, New Zealanders are Commonwealth citizens and hence are entitled to certain rights:
- access to the UK Working Holiday visa scheme
- for those with a UK born grandparent, access to the Ancestry Visa
- for those born before 1983 who meet the requirements, Right of Abode in the UK
- the right to vote and stand for public office in the UK
External Links
New Zealand Citizenship Office
