New Zealand nationality law
New Zealand nationality law details the conditions by which a person is a national of New Zealand. The primary law governing these requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to the entire Realm of New Zealand, which includes the country of New Zealand itself, the Cook Islands, Niue, Tokelau, and the Ross Dependency.
Citizenship Act 1977
Realm of New Zealand (includes New Zealand, the Cook Islands, Niue, Tokelau, and the Ross Dependency)
1 December 1977[1]
1 January 1978[2]
All persons born within the Realm before 2006 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the Realm from that year on receive New Zealand citizenship at birth if at least one of their parents is a New Zealand citizen or otherwise entitled to live in New Zealand indefinitely (meaning New Zealand and Australian permanent residents, as well as Australian citizens). Foreign nationals may be granted citizenship if they are permanent residents and live in any part of the Realm.
New Zealand was previously a colony of the British Empire and local residents were British subjects. Over time, the colony was granted more autonomy and gradually became independent from the United Kingdom. Although New Zealand citizens are no longer British, they continue to hold favoured status when residing in the UK; as Commonwealth citizens, New Zealanders are eligible to vote in UK elections and serve in public office there.
Terminology[edit]
Although citizenship and nationality have distinct legal meanings,[4] New Zealand nationals have been referred to as citizens in domestic nationality legislation since 1948.[5] Nationality refers to a person's legal belonging to a country and is the common term used in international treaties when referring to members of a state, while citizenship usually refers to the set of rights and duties a person has in that nation. This distinction is generally clearly defined in non-English speaking countries but not in the Anglosphere.[6] In the New Zealand context, there is little distinction between the two terms and they are used interchangeably.[7]
Acquisition and loss of citizenship[edit]
Entitlement by birth, descent, or adoption[edit]
Nationality regulations apply to the entire Realm of New Zealand, which includes New Zealand itself, the Cook Islands, Niue, Tokelau, and the Ross Dependency.[8] New Zealand airspace, its internal and territorial waters, and New Zealand-registered ships and aircraft are treated as part of the Realm for nationality purposes.[81]
All persons born within the Realm before 2006 automatically received citizenship at birth regardless of the nationalities of their parents.[76] Individuals born in the Realm from that year on receive New Zealand citizenship at birth if at least one parent is a New Zealand citizen or otherwise entitled to be in New Zealand indefinitely.[82] Children born overseas are New Zealand citizens by descent if either parent is a citizen otherwise than by descent.[83] Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption.[84]