Citizenship Act 1977
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
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.
Section Sch1 — Oath of allegiance
Schedule 1 Oath of allegiance Section 11 Schedule 1 was substituted, as from 14 December 1979, by section 2 Citizenship Amendment Act 1979 (1979 No 80). I, [Full name], swear that I will be faithful…
Section 2 — Interpretation
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…
Section Sch2 — Enactments consequentially repealed
Schedule 2 Enactments consequentially repealed Section 30(1) 1948, No 15—The British Nationality and New Zealand Citizenship Act 1948. 1948, No 28—The Aliens Act 1948: Sections 3 to 13. 1959, No…
Section 3 — Special provisions relating to parentage
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…
Section Sch3 — Enactments consequentially amended
Schedule 3 Enactments consequentially amended Section 30(2) Enactment Amendment 1955, No 93-The Adoption Act 1955 By repealing section 16(2)(e) , and substituting the following paragraph: “ (e)…
Section 4 — Administration of Act
4 Administration of Act Subject to the control of the Minister, the Secretary for Internal Affairs is responsible for the administration of this Act.
Section Sch4 — Disclosure of information to specified agencies
Schedule 4 Disclosure of information to specified agencies s 26A Schedule 4 was inserted, as from 27 September 2001, by section 4 Citizenship Amendment Act 2001 (2001 No 58). Specified agency Purpose…
Section 4A — Delegation of powers by Secretary
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…
Section 5 — Act binds Crown
5 Act binds Crown This Act binds the Crown.
Section 6 — Citizenship by birth
6 Citizenship by birth (1) Subject to subsection (2) , a person is a New Zealand citizen by birth if— (a) the person was born in New Zealand on or after l January 1949 and before 1 January 2006; or…
Section 7 — Citizenship by descent
7 Citizenship by descent (1) Every person born outside New Zealand on or after 1 January 1978 is a New Zealand citizen by descent if, at the time of the person's birth,— (a) his or her mother or…
Section 8 — Citizenship by grant
8 Citizenship by grant (1) The Minister may authorise the grant of New Zealand citizenship to any person, including a person who may be a New Zealand citizen by descent, who— (a) has attained the age…
Section 8A — Grant of citizenship to spouse of New Zealand citizen
8A Grant of citizenship to spouse of New Zealand citizen [Repealed] Section 8A was inserted, as from 18 November 1992, by section 7 Citizenship Amendment Act 1992 (1992 No 104). Subsection (3)(a)(i)…
Section 9 — Grant of citizenship in special cases
9 Grant of citizenship in special cases (1) Without limiting anything in section 8 , the Minister may, upon application in the prescribed manner, authorise the grant of New Zealand citizenship to any…
Section 9A — Disqualifying convictions
9A Disqualifying convictions (1) Except as provided in subsection (2) , the Minister must not authorise a grant of citizenship under section 8 or section 9 to a person who has been convicted of an…
Section 9B — Minister may rescind approval at any time up until applicant becomes citizen
9B Minister may rescind approval at any time up until applicant becomes citizen Notwithstanding that the Minister may have authorised a grant of citizenship under section 8 or section 9 , the…
Section 10 — Grant of citizenship as of right in certain cases
10 Grant of citizenship as of right in certain cases (1) Notwithstanding anything in section 8 or section 9 of this Act, the Minister shall, upon application made to him in the prescribed manner,…
Section 11 — Minister may require oath or affirmation of allegiance to be taken
11 Minister may require oath or affirmation of allegiance to be taken (1) The Minister may, in such case or class of cases as the Minister thinks fit, make the grant of New Zealand citizenship…
Section 12 — Certificate of New Zealand citizenship
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…
Section 13 — Existing rights of citizenship protected
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…
Section 14 — Applications made under British Nationality and New Zealand Citizenship Act 1948 may be proceeded with under this Act
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…
Section 15 — Renunciation of citizenship
15 Renunciation of citizenship (1) A New Zealand citizen who has attained the 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…
Section 16 — Deprivation of New Zealand citizenship in special cases
16 Deprivation of New Zealand citizenship in special cases 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…
Section 17 — Deprivation of New Zealand citizenship in case of fraud, etc
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…
Section 18 — Effect of order
18 Effect of order A person in respect of whom an order is made under section 16 or section 17 of this Act shall cease to be a New Zealand citizen as from the date of the order.
Section 19 — Court review of grounds for depriving person of citizenship
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…
Section 20 — Saving of obligations incurred before loss of citizenship, etc
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…
Section 21 — Evidentiary certificates
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…
Section 22 — Minister may delegate functions and powers to overseas representatives
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…
Section 23 — Capacity as to property
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…
Section 24 — General provisions as to certificates and other documents
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…
Section 25 — Evidence
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,…
Section 26 — Discovery of documents held under this Act
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…
Section 26A — Disclosure of citizenship information to certain specified agencies for certain purposes
26A Disclosure of citizenship information to certain specified agencies for certain purposes (1) The purpose of this section is to authorise the disclosure of citizenship information to certain…
Section 26B — Access to information for citizenship purposes
26B Access to information for citizenship purposes (1) The Secretary and the chief executive of the Department of Labour (the chief executive ) may enter into an agreement for access by the…
Section 27 — Offences and penalties
27 Offences and penalties (1) Every person commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine not exceeding $15,000, or both,…
Section 28 — Regulations
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…
Section 29 — Application of Act to Cook Islands, Niue, and Tokelau
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 Schedule 2 to the Cook Islands Constitution…
Section 30 — Repeals, consequential amendments, and revocation
30 Repeals, consequential amendments, and revocation (1) The enactments specified in Schedule 2 to this Act are hereby consequentially repealed. (2) The enactments specified in Schedule 3 to this Act…