Citizenship Amendment Act 2005

5 Citizenship by birth
  • (1) Section 6 of the principal Act is amended by repealing subsection (1), and substituting the following subsection:

    • (1) Subject to subsection (2), a person is a New Zealand citizen by birth if—

      • (a) the person was born in New Zealand on or after l January 1949 and before 1 January 2006; or

      • (b) the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—

        • (i) a New Zealand citizen; or

        • (ii) 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.

    (2) Section 6 of the principal Act is amended by repealing subsection (3), and substituting the following subsection:

    • (3) Despite subsections (1) and (2),—

      • (a) every person born in New Zealand on or after 1 January 1978 is a New Zealand citizen by birth if the person would otherwise be stateless:

      • (b) a person is deemed to be a New Zealand citizen by birth if—

        • (i) the person, having recently been born, has been found abandoned in New Zealand; and

        • (ii) investigations have failed to establish the identity of at least one of the person's parents.

    (3) Section 6 of the principal Act is amended by adding the following subsections:

    • (5) Despite section 7, a person is a New Zealand citizen by birth if—

      • (a) the person is born in the Independent State of Samoa; and

      • (b) but for reasons of medical necessity requiring the mother to travel from Tokelau to the Independent State of Samoa to give birth to the person, the person would have been born in Tokelau; and

      • (c) at the time of the person's birth the person would have been a New Zealand citizen by birth under subsection (1), had the person been born on that date in Tokelau.

    • (6) A person who is a New Zealand citizen by birth does not lose his or her New Zealand citizenship by reason of the person being adopted by a parent or parents who are neither—

      • (a) New Zealand citizens; nor

      • (b) persons entitled to reside indefinitely in New Zealand in terms of the Immigration Act 1987 or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.