Citizenship Act 1977

  • This version was reprinted on 31 October 2014 to make a correction to the definition of employee in section 2(1) under section 25(1)(i) of the Legislation Act 2012.
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, or in a civil union or a de facto relationship with, that other person's mother at any time during the period commencing with that other person's conception and ending with that other person's birth; or

    • (b) his paternity of that other person has been established by 1 or more of the types of evidence specified by section 8 of the Status of Children Act 1969;—

    and (but without limiting subsection (2)) 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

    • (aa) he or she has been legally adopted by that citizen, in Niue, Tokelau, or the Cook Islands, by an adoption order that has the same operation and effect as an adoption order 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—

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

    • (ba) he or she has been adopted by that citizen, outside New Zealand, by an adoption order which has been certified by the competent authority of the Contracting State in which the adoption was made as being an adoption made in accordance with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption,—

    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 (or in accordance with the law relating to the discharge of adoption orders in Niue, Tokelau, or the Cook Islands), 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) any greater right to New Zealand citizenship than that person would have had if that person had not been adopted.

    (2B) For the purposes of this Act, a person is deemed to be the child of a person entitled to be in New Zealand indefinitely if—

    • (a) he or she has been adopted in New Zealand on or after 1 January 2006, by an adoption order within the meaning of and made under the Adoption Act 1955, by a person who, at the time of the adoption, is entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau; or

    • (b) he or she has been legally adopted in the Cook Islands, Niue, or Tokelau on or after 1 January 2006, by an adoption order that has the same operation and effect as an adoption order made under the Adoption Act 1955, by a person who, at the time of the adoption, is entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau,—

      and, in any such case,—

    • (c) the terms father, mother, and parent, when used in this Act, are to be construed accordingly, and

    • (d) the person is deemed to have been born when and where the adoption order was made; but

    • (e) on the discharge for any reason of the adoption in accordance with section 20 of the Adoption Act 1955, or in accordance with the law relating to the discharge of adoption orders in the Cook Islands, Niue, or Tokelau, the person ceases to be deemed to be the child of the person entitled to be in New Zealand indefinitely.

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

    (5A) In subsection 3(1)(a), de facto relationship has the same meaning as in section 2D of the Property (Relationships) Act 1976, except that—

    • (a) the reference to 18 years in subsection (1)(a) of that section is to be read as a reference to 16 years; and

    • (b) a person who has attained the age of 16 years but who is younger than 18 years may be treated as having a de facto relationship with another person only if—

      • (i) the person is under the guardianship of a court, and the court has on an application for the purpose consented to the relationship; or

      • (ii) in the case of a person not under the guardianship of a court, the person's parents and guardians have consented to the relationship.

    (6) In subsection (2)(ba), Contracting State has the same meaning as in the Adoption (Intercountry) Act 1997.

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

    Section 3(1)(a): replaced, on 21 April 2005, by section 4(1) of the Citizenship Amendment Act 2005 (2005 No 43).

    Section 3(2): replaced, on 18 November 1992, by section 3 of the Citizenship Amendment Act 1992 (1992 No 104).

    Section 3(2)(aa): inserted, on 10 December 2001, by section 3(1) of the Citizenship Amendment Act (No 2) 2001 (2001 No 95).

    Section 3(2)(b)(ii): amended, on 1 January 1999, by section 29(1) of the Adoption (Intercountry) Act 1997 (1997 No 109).

    Section 3(2)(ba): inserted, on 1 January 1999, by section 29(1) of the Adoption (Intercountry) Act 1997 (1997 No 109).

    Section 3(2) proviso: amended, on 10 December 2001, by section 3(2) of the Citizenship Amendment Act (No 2) 2001 (2001 No 95).

    Section 3(2A): inserted, on 18 November 1992 by section 3 of the Citizenship Amendment Act 1992 (1992 No 104).

    Section 3(2B): inserted, on 21 April 2005, by section 4(2) of the Citizenship Amendment Act 2005 (2005 No 43).

    Section 3(2B)(a): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 3(2B)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 3(5A): inserted, on 21 April 2005, by section 4(3) of the Citizenship Amendment Act 2005 (2005 No 43).

    Section 3(6): inserted, on 1 January 1999, by section 29(2) of the Adoption (Intercountry) Act 1997 (1997 No 109).