Citizenship Amendment Act 2005

Transitional provision

17 Transitional provisions in relation to applications for citizenship
  • (1) Nothing in new sections 8, 9, 9A, and 9B of the principal Act applies in relation to any application for a grant of citizenship made before the date of commencement of this Act, and any such application must be determined in accordance with the former sections 8, 8A, and 9 of the principal Act.

    (2) An application for a grant of citizenship made during the 5-year period commencing with the date of commencement of this Act by a person of a kind described in subsection (3) must be determined in accordance with the new sections 8, 9, 9A, and 9B of the principal Act as if—

    • (a) subsections (2)(b), (4)(b) and (7) of the new section 8 (which set minimum presence requirements for the period of 5 years preceding the date of application for citizenship) did not apply; and

    • (b) there were substituted for those provisions subsections (2)(a), and (4) of the former section 8 (which set residence requirements for the period of 3 years preceding the date of application for citizenship) of the principal Act; and

    • (c) subsections (5) and (6) of the new section 8 applied for the purposes of the former section 8(2)(a) as if they referred to a period of 3 years rather than a period of 5 years; and

    • (d) for the purposes of the former section 8(2)(a) and (4), the time during which a person is ordinarily resident in New Zealand—

      • (i) includes time spent in New Zealand before the commencement of the Immigration Act 2009 while holding a valid immigration permit or being exempt from the requirement to hold a permit, and time spent in New Zealand after the commencement of that Act while holding a valid visa; but

      • (ii) does not include any time during which the person was unlawfully in New Zealand.

    (3) Subsection (2) applies in respect of any person who—

    • (a) before the date of commencement of this Act was entitled in terms of the Immigration Act 1987 to be in New Zealand indefinitely, or was entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau; or

    (4) In this section,—

    former, in relation to any section or provision, means the relevant section or provision of the principal Act as in force before the commencement of this Act

    new, in relation to any section or provision, means the relevant section or provision of the principal Act as substituted by section 7 of this Act.

    Section 17(2)(d)(i): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

    Section 17(3)(b): substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).