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 offence if—

(a)

the person was sentenced on conviction to—

(i)

a term of imprisonment of 5 years or more; or

(ii)

an indefinite term of imprisonment capable of running for 5 years or more; or

(b)

within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1 of the Parole Act 2002; or

(c)

within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.

(2)

The Minister may however authorise a grant of citizenship to a person to whom subsection (1) applies and who otherwise meets the requirements of section 8 or section 9 if satisfied that there are exceptional circumstances relating to the conviction such that a grant of citizenship should not be precluded.

(3)

Nothing in this section limits the Minister’s discretion to refuse a grant of citizenship if the Minister is not satisfied that the applicant is of good character.

Section 9A: inserted, on 21 April 2005, by section 7 of the Citizenship Amendment Act 2005 (2005 No 43).