Citizenship Act 1977

  • This version was republished on 2 April 2020 to correct a typographical error in section 6(1)(a).
19 Court review of grounds for depriving person of citizenship

(1)

Before making an order under section 16 or section 17 depriving any person of New Zealand citizenship, the Minister shall serve on that person a notice—

(a)

stating that he intends to make such an order; and

(b)

citing the section of this Act under which he considers that he has grounds to make such an order; and

(c)

specifying the grounds on which he intends to make such an order; and

(d)

advising the person of his right to have the matter reviewed by the court in accordance with the succeeding provisions of this section.

(2)

Every person upon whom a notice is served under subsection (1) may, within 28 days after it is served on him, apply to the High Court for a declaration that there are insufficient grounds to justify the making of an order under section 16 or, as the case may require, section 17 depriving the applicant of New Zealand citizenship; and the court may make or refuse to make such a declaration accordingly.

(3)

Notwithstanding any of the foregoing provisions of this section, in any case where the whereabouts of the person concerned are unknown or for any other reason service on him of a notice under this section is not practicable, the Minister may apply to the court for the dispensing of the requirement to serve notice; and, in such a case, if the court dispenses with that requirement, it shall proceed to consider the merits of the case, in accordance with the provisions of this section, as if the person concerned had applied to the court for a declaration of the kind referred to in subsection (2).

(4)

Where the court makes such a declaration, the Minister shall not thereafter, without fresh cause, make an order under section 16 or section 17 depriving the applicant of New Zealand citizenship.

(5)

[Repealed]

(6)

Subject to the succeeding provisions of this section, the procedure in respect of an application under this section shall be in accordance with the rules of court.

(7)

When hearing any application under this section the court may receive as evidence any statement, document, information, or matter that, in the opinion of the court, may assist it to deal justly with the application before it, whether or not the same would be otherwise admissible in proceedings before the court.

(8)

Where the court is satisfied that it is desirable to do so by reason of the confidential nature of any evidence submitted or to be submitted to it in respect of any application under this section, the court may, of its own motion or on the application of any party to the proceedings,—

(a)

take or hear the evidence in private:

(b)

make an order prohibiting the publication of any report or account of the whole or any part of any such evidence (whether heard or taken in public or private).

(9)

The determination of the High Court on any such application shall be final.

Compare: 1948 No 15 s 23(6), (7); SR 1949/121

Section 19(2): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 19(5): repealed, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).

Section 19(9): inserted, on 15 August 1991, by section 3(4) of the Judicature Amendment Act 1991 (1991 No 60).