New Zealand Legislation: Acts

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).