Citizenship Amendment Act 2005

4 Special provisions relating to parentage
  • (1) Section 3(1) of the principal Act is amended by repealing paragraph (a), and substituting the following paragraph:

    • (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.

    (2) Section 3 of the principal Act is amended by inserting, after subsection (2A), the following subsection:

    • (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 1987 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 1987 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) Section 3 of the principal Act is amended by inserting, after subsection 5, the following subsection:

    • (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.