Last Updated: Tuesday, 23 September 2014, 07:47 GMT

Citizenship Act 1977 (last amended 1993)

Publisher National Legislative Bodies / National Authorities
Author New Zealand
Publication Date 1 January 1978
Reference NZL-123
Cite as Citizenship Act 1977 (last amended 1993) [],  1 January 1978, available at: http://www.refworld.org/docid/3ae6b54fc.html [accessed 23 September 2014]
Comments This is the official consolidation reprinted as on 1 March 1993.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Title

An Act to make better provision with respect to the status of New Zealand citizenship, 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 the 1st day of 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 2 of the State Sector Act 1988;

"Employee" has the meaning given to it by section 2 of the State Sector Act 1988, except that it includes

(a)Any chief executive; and

(b)Any member of the senior executive service;

"Minister" means the Minister of Internal Affairs;

"New Zealand" includes the Cook Islands, Niue, Tokelau, and the Ross Dependency;

"New Zealand overseas representative" means a diplomatic or consular representative for New Zealand or a representative of the Government of New Zealand in any other country; and includes a High Commissioner for New Zealand in any other country;

"Ordinarily resident", in relation to any person, does not include being unlawfully in New Zealand;

"Prescribed" means prescribed by regulations made under this Act or by the Minister;

"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 Nationality Act 1948 (U.K.); 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 (U.K);

"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.

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 that other person's mother at the time of that other person's conception or birth; or

(b)His paternity of that other person has been established by one or more of the types of evidence specified by section 8 of the Status of Children Act 1969; and (but without limiting subsection (2) of this section) the term "father", when used in this Act, shall be construed accordingly.

(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 adoption order within the meaning of and 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 Citizenship Amendment Act 1992; or

(ii)At the time that adoption order was made he or she had not attained the age of 14 years, 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 adoption order was made;

Provided that, on the discharge for any reason of the adoption order in accordance with section 20 of the Adoption Act 1955, 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 adopted by a New Zealand citizen in circumstances other than those specified in subsection (2) of this section any greater right to New Zealand citizenship than that person would have had if that person had not been adopted.

(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, the l st day of January 1949, the status or description that would have been applicable to the parent had he or she died on or after the I st day of 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, the 1 st day of January 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.

Cf. 1948, No. 15, ss. 2 (2), 26, 27; 1959, No. 38, s. 9; 1969, No. 18, s. 12 (2)

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.

(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 officers 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 delegation 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.

5.Act binds Crown

This Act binds the Crown.

PART I
NEW ZEALAND CITIZENSHIP

Acquisition of Citizenship

6.Citizenship by birth

(1)Subject to subsection (2) of this section, every person born in New Zealand on or after the 1 st day of January 1949 shall be a New Zealand citizen by birth.

(2)A person shall not be a New Zealand citizen by virtue of this section if, at the time of his birth,

(a)His father or mother was a person upon whom any immunity from jurisdiction was conferred by or under the Diplomatic Privileges and Immunities 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)Notwithstanding subsection (2) of this section, every person born in New Zealand on or after the 1st day of January 1978 shall be a New Zealand citizen by birth if he would otherwise be stateless.

(4)Notwithstanding section 7 of this Act, 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 External Relations Act 1988; or

(ii)An employee in any part of the State services, or a member of the Armed Forces, on service overseas; or

(iii)An officer or employee of the New Zealand Trade Development Board (as established by the New Zealand Trade Development Board Act 1988) 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 service overseas- Cf. 1948, No. 15, s. 6

7.Citizenship by descent

(1)Every person born outside New Zealand on or after the 1 st day of January 1978 shall be a New Zealand citizen by descent if, at the time of his birth, his father or mother is a New Zealand citizen other-wise than by descent.

(2)Notwithstanding subsection (1) of this section, the citizenship of any person acquired by virtue of that subsection shall lapse on the expiration of the day 2 years after the date on which he or she acquires his or her majority unless before that day on application is made, in accordance with regulations made under this Act, for registration of his or her citizenship by descent.

(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 contrary, a certificate to such effect signed by the Secretary, or by a person authorised for the purpose by the Secretary, shall be sufficient evidence of the matters stated in the certificate.

Cf. 1948, No. 15, s. 7

8.Citizenship by grant

(1)The Minister may authorise the grant of New Zealand citizenship to any person (notwithstanding that he may be a New Zealand citizen by descent) who has attained the age of 18 years and is of full capacity and who applies for it in the prescribed manner, and satisfies the Minister that he meets each of the requirements specified in subsection (2) of this section.

(2)The requirements referred to in subsection (1) of this section are:

(a)That the applicant was, throughout the period of 3 years immediately preceding the date of his application, ordinarily resident in New Zealand;

(b)That the applicant is entitled, in terms of the Immigration Act 1987, 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 he is granted New Zealand citizenship, either

(i)To continue to be ordinarily resident in New Zealand; or

(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 paragraph (a) of subsection (2) of this section, the Minister may deem the applicant to have been residing in New Zealand during any period of Crown service under the New Zealand Government served by the applicant within the period of 3 years immediately preceding the date of his application.

(4)Notwithstanding the said paragraph (a) of subsection (2) of this section, if the Minister is satisfied in a particular case that, because of the applicant's age or for any other reason personal to the applicant, the applicant would suffer undue hardship if he were required to be ordinarily resident in New Zealand for the whole of the period of 3 years specified in that paragraph, the Minister may accept such residence by the applicant for such shorter period (not being less than 12 months) as he thinks fit as being sufficient compliance by the applicant with the requirement of that paragraph.

(5)Notwithstanding paragraph (e) of subsection (2) of this section, if the Minister is 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 paragraph were insisted upon, the Minister may waive that requirement.

Cf. 1948, No. 15, ss. 8, 9, 12, 13

8A.Grant of citizenship to spouse of New Zealand citizen

(1)Without limiting anything in section 8 of this Act, the Minister may, upon application made to the Minister in the prescribed manner, authorise the grant of New Zealand citizenship to any person (notwithstanding that he or she may be a New Zealand citizen by descent) who is or has been married to a New Zealand citizen and who meets the requirements specified in subsection (2) of this section.

(2)The requirements referred to in subsection (1) of this section are:

(a)That the applicant was, throughout the period of 2 years immediately preceding the date of the application, ordinarily resident in New Zealand;

(b)That the applicant is entitled, in terms of the Immigration Act 1987, to be in New Zealand indefinitely;

(c)That the applicant is of good character;

(d)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 has established and will maintain some association with New Zealand (other than his or her marriage to a New Zealand citizen).

(3)The Minister may waive either or both of the requirements specified in paragraph (a) and paragraph (b) or subsection (2) of this section, if satisfied

(a)That the applicant is or has been married to a New Zealand citizen who is, or has been within the period of 2 years immediately preceding the date of the application,

(i)A head of mission or head of post within the meaning of the External Relations Act 1988; or

(ii)An employee in any part of the State services, or a member of the Armed Forces, on service overseas; or

(iii)An officer or employee of the New Zealand Trade Development Board (as established by the New Zealand Trade Development Board Act 1988) 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 service overseas; or

(b)That, because of exceptional circumstances personal to the applicant, the applicant would suffers undue hardship if compliance with the requirements of those paragraphs were insisted upon.

9.Grant of citizenship in special cases-

(1)Without limiting anything in section 8 of this Act, the Minister may, upon application made to him in the prescribed manner, authorise the grant of New Zealand citizenship to any person (notwithstanding that he may be a New Zealand citizen by descent)

(a)Who is a minor;

(b)Repealed by s. 8 (1) of the Citizenship Amendment Act 1992;

(c)Whose father or mother was, at the time of that person's birth, a New Zealand citizen by descent;

(d)If, because of exceptional circumstances of a humanitarian or other nature relating to the applicant, the Minister is satisfied that granting a certificate of New Zealand citizenship to the applicant would be in the public interest.

(2)Without limiting any of the foregoing provisions of this section or of section 8 for of section 8A of this Act, the Minister may, upon application made to him in the prescribed manner, authorise the grant of a certificate of citizenship to any person who would otherwise be stateless.

(3)Notwithstanding any of the foregoing provisions of this section, in considering whether to authorise the grant of New Zealand citizenship to any person under any of those provisions..., the Minister may have regard to such of the requirements set out in section 8 (2) of this Act as he thinks fit.

10.Grant of citizenship as of right in certain cases

Notwithstanding anything in section 8 or section 9 of this Act, 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 the 1 st day of January 1978 if, at the time of that person's birth, his mother was a New Zealand citizen otherwise than by descent.

11.Minister may require oath of allegiance to be taken

The Minister may, in such case or class of cases as he thinks fit, make the grant of New Zealand citizenship conditional upon the applicant taking an oath of allegiance in the form specified in the First Schedule to this Act.

Cf. 1948, No. 18, S. 9A; 1959, No. 38, s. 6

12.Certificate of New Zealand citizenship

(1)Where the Minister authorises the grant of New Zealand citizenship to any person, the Secretary shall issue to that person a certificate of New Zealand citizenship in the prescribes form.

(2)A person to whom a certificate of New Zealand citizenship is issue under subsection (1) of this section 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) of this section the specified date shall be,

(a)In the case of a person required under section 11 of this Act to take an oath of allegiance, 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.

Cf. 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 Citizenship Act 1948 by section 30 of this Act, 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 of this Act, continue to be a New Zealand citizen.

(2)Notwithstanding subsection (1) of this section, a person who, by virtue of the British Nationality 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) of this section, but subject to subsection (4) of this section, every person born outside New Zealand on or after the 1 st day January 1949 but before the 1st day of 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 person's birth; or

(b)In the case of a person born on or after the 1st day of 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) of this section 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) of this subsection, his birth [or citizenship by descent] is registered, in accordance 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.

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 a age of 18 years and is of full capacity 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 Zealand citizenship in the prescribed manner.

(2)Subject to subsection (3) of this section, the Minister shall cause every declaration made under subsection (1) of this section 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 ordinarily resident in New Zealand; or

(b)A state of war exists between New Zealand and any other country.

Cf. 1948, No. 15, s. 21

16.Deprivation of New Zealand citizenship on acquisition of other citizenship, etc.

Subject to section 19 of this Act, 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 voluntary and formal act, other than marriage, and acted 'm 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.

Cf. 1948, No. 15, s. 22

17.Deprivation of New Zealand citizenship in case of fraud, etc.

(1)This section applies to a New Zealand citizen who has acquired that citizenship

(a)By registration under the British Nationality and New Zealand Citizenship 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 of this Act, the Minister may, by order, deprive a New Zealand citizen to whom this section applies of his New Zealand citizenship if he is satisfied that the registration, naturalisation, or grant was procured by fraud, false representation, or wilful concealment of relevant information, or by mistake.

Cf. 1948, No. 15, s. 23

18.Effect of order

A person in respect of whom an order is made under section 16 or section 17 if this Act 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 of this Act 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 at 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) of this section 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 of this Act 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 Minister 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 declaration of the kind referred to in subsection (2) of this section.

(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 of this Act depriving the applicant of New Zealand citizenship.

(5)Repealed by s. 3 (4) of the judicature Amendment Act 1991.

(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 evidence 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 confidential 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,

(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.

Cf. 1948, No. 15, s. 23 (6), (7); S.R. 1949/121

20.Saving of obligations incurred before loss of citizenship, etc.

A person who ceases to be a New Zealand citizen shall not thereby be discharged 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.

Cf. 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 concealment 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.

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 of this Act.

(2)In the performance or exercise of any such functions or powers, the New Zealand 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.

(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.

Cf. 1948, No. 15, s. 10

PART II
MISCELLANEOUS PROVISIONS

23.Capacity as to property

(1)Subject to subsection (2) of this section 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) of this section shall not

(a)Qualify an alien for any office, or for any parliamentary or other franchise, 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 under a transaction to which Part IIA of the Land Settlement Promotion and Land Acquisition Act 1952 applies otherwise than in accordance with the provision's of that Part;

(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.

Cf. 1948, No. 28, s. 3

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) of this Act; 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 evidenced 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 person to whom the document was issued and upon payment of the prescribed fee, issue a duplicate of the document.

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 Zealand) 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 of this Act shall be received in evidence, 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) of this section 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 m a register made under this Act or any other Act referred to in subsection (1) of this section 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 Government shall be conclusive evidence of that fact.

Cf. 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) of this section, no Court shall have power in any civil proceedings 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) of this section does not apply to proceedings relating to any matter arising under this Act to which the Crown is a party.

27.Offences

(1)Every person who

(a)For the purpose of procuring anything to be done or not to be done under this Act, makes any statement that he knows to be false material particular, or recklessly makes any statement that is false in a material particular; or

(b)Knowingly resists, obstructs, or deceives any person who is exercising or attempting to exercise any function or power imposed or conferred under this Act

commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $3,000.

(2)Every person commits an offence and is liable on summary conviction to a fine not exceeding $500 who knowingly lends or parts with a document, or knowingly alters or defaces a document, or knowingly fails to surrender a document, in contravention of section 24 of this Act.

(3)Notwithstanding section 14 of the Summary Proceedings Act 1957, an information in respect of any offence against this Act or against any regulations made under this Act may be laid at any time within 2 years after the date of the alleged offence.

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 naturalisation and certificates of New Zealand citizenship, and for the cancellation of the registration of such certificates, relating to persons deprived of New Zealand citizenship under this Act, and providing for the surrender of such certificates by such persons;

(f)Providing for the registration, by officers in the service of the New Zealand Government,

(i)Of the births and deaths of persons of any class or description born or dying in any Commonwealth country, or m 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 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 interests 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 purposes 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 calculated, 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, certificate, 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 information, 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 following:

(A)The eligibility of any person for citizenship by descent;

(B)The acquisition by any person of citizenship;

(C)The status of any person under this Act;

(viib)The issue of a certificate under section 7 (3) of this Act;

(viii)Any other matter arising under this Act;

(j)Applying the Births and Deaths Registration Act 1951, with any necessary modifications, either in addition to or in substitution for the provisions of section 25 of this Act, to births and deaths registered in accordance with regulations made under this Act, or registered at a consulate of Her Majesty in accordance with regulations made under the British Nationality and Status of Aliens Acts 1914 to 1943 (U.K.), or in accordance with instructions of the Secretary of State of the United Kingdom, or in accordance with the instructions of the Minister;

(k)Prescribing offences in respect of the contravention of or non-compliance 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 continuing 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 administration 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.

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 the Second Schedule to 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)Whereas in accordance with Article 36 of the Constitution of Niue (as set out in the Second Schedule to the Niue Constitution Act 1974) the Niue Assembly has by resolution requested and consented to the enactment of a provision extending all of the provisions of this Act to Niue as part of the law of Niue: Be it therefore enacted as follows:

The Niue Act 1966 is hereby amended by inserting, after section 684, the following section:

"684A. Citizenship Act in force in Niue-The Citizenship Act 1977 shall extend to and be in force in Niue."

(3)The provisions of this Act shall be in force in Tokelau.

30.Repeals, consequential amendments, and revocation

(1)The enactments specified in the Second Schedule to this Act are hereby consequentially repealed.

(2)The enactments specified in the Third Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.

(3)The Citizenship Deprivation Rules 1949 are hereby consequentially revoked.

SCHEDULES

FIRST SCHEDULE - OATH OF ALLEGIANCE

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.

SECOND SCHEDULE - ENACTMENTS CONSEQUENTIALLY REPEALED

1948, No. 15 - The British Nationality and New Zealand Citizenship Act 1948.

1948, No. 28 - The Aliens Act 1948: Sections 3 to 13.

1959, No. 38 - The British Nationality and New Zealand Citizenship Amendment Act 1959.

1965, No. 7l - The Aliens Amendment Act 1965: So much of the Schedule as relates to sections 3 to 13 of the Aliens Act 1948.

1965, No. 72 - The British Nationality and New Zealand Citizenship Amendment Act 1965.

1967, No. 56 - The Aliens Amendment Act 1967.

1969, No. 70 - The British Nationality and New Zealand Citizenship Amendment Act 1969.

1970, No. 123 - The Western Samoa Amendment Act 1970.

1973, No. 51 - The British Nationality and New Zealand Citizenship Amendment Act 1973.

THIRD SCHEDULE - ENACTMENTS CONSEQUENTIALLY AMENDED

Enactment:

Amendment:

1955, No. 93 - The Adoption Act 1955

This amendment has been incorporated in the reprint of the Adoption Act 1955 (1979, R.S. Vol. 1, p. 93).

1961, No. 68 - The Western Samoa Act 1961

By omitting so much of the Second Schedule as relates to the British Nationality and New Zealand Citizenship Act 1948.

1968, No. 36 - The Diplomatic Privileges and Immunities Act 1968

This amendment has been incorporated in the reprint of the Diplomatic Privileges, and Immunities Act 1968 (1985, R.S. Vol. 17, p. 171).

1969, No. 18 - The Status of Children Act 1969

This amendment has been incorporated in the reprint of the Status of Children Act 1969 (1979, R.S. Vol. 4, p. 908).

1970, No. 137 - The Age of Majority Act 1970

This amendment has been incorporated in the reprint of the Age of Majority Act 1970 (1987, R.S. Vol. 21, p. 1).

1971, No. 11 - The Consular Privileges and Immunities Act 1971

Impliedly repealed by s. 151 (1) of the Immigration Act 1987.

 

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