Citizenship Regulations 2002

Reprint as at 28 September 2017

Coat of Arms of New Zealand

Citizenship Regulations 2002

(SR 2002/73)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 18th day of March 2002

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Department of Internal Affairs.

Pursuant to section 28 of the Citizenship Act 1977, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Citizenship Regulations 2002.

2 Commencement

These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Citizenship Act 1977

citizenship means the status of New Zealand citizenship; and citizen has a corresponding meaning

Department means the Department of Internal Affairs

Secretary means the Secretary for Internal Affairs.

(2)

Terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meanings as they have in the Act.

Regulation 3(2): added, on 9 June 2011, by regulation 4 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

Applications for and certificates of citizenship

4 Application for grant of citizenship

An application for the grant of citizenship under section 8 or section 8A or section 9 or section 10 of the Act must—

(a)

be in the form provided by the Secretary; and

(b)

be accompanied by the prescribed fee; and

(c)

be lodged with an office of the Department.

5 Certificates evidencing grant of citizenship

A certificate issued under section 12 of the Act attesting to the grant of citizenship to any person must be in the form for the time being prescribed by the Minister.

6 Evidentiary certificate of citizenship

An application under section 21 of the Act for a certificate to the effect that a person is a citizen must—

(a)

be made in the form provided by the Secretary and addressed to the Secretary:

(b)

be accompanied by the prescribed fee (if any):

(c)

be lodged with an office of the Department.

Oath of allegiance

7 Taking of oath of allegiance

(1)

The oath of allegiance set out in Schedule 1 of the Act, or an affirmation to the same effect, may be taken—

(a)

in New Zealand, before—

(i)

a District Court Judge; or

(ii)

a solicitor of the High Court of New Zealand; or

(iii)

a Justice of the Peace; or

(iv)

a member of Parliament; or

(v)

the mayor or deputy mayor of a territorial authority; or

(vi)

the chairperson or deputy chairperson of a regional council; or

(vii)

the chairperson of a local board of the Auckland Council; or

(viii)

the Secretary; or

(ix)

an officer of the Armed Forces who holds a rank not below that of lieutenant-commander in the Navy, major in the Army, or squadron leader in the Air Force, in the case of a person who is a member of the regular forces, reserve forces, or territorial forces (as those terms are defined in section 2(1) of the Defence Act 1990):

(b)

in any island of Tokelau, before the person elected as the Faipule for that island:

(c)

in any other country, before a New Zealand representative or such other British overseas representative as is authorised for the purpose by the Minister.

(2)

In any country in which there is no New Zealand or British overseas representative, the oath of allegiance or an affirmation to the same effect may be taken before—

(a)

any other Commonwealth representative; or

(b)

a Judge; or

(c)

a person who is authorised by the law of that country to administer oaths; or

(d)

a person who is authorised for that purpose by the Minister.

(3)

Where the Minister makes a grant of citizenship conditional on the applicant taking the oath of allegiance or making an affirmation to the same effect,—

(a)

the Secretary must advise the applicant in writing of the requirement; and

(b)

the oath must be taken or the affirmation made within 1 year of the date of that letter; and

(c)

if the oath is not taken or the affirmation is not made within that time or within any further time that the Minister may allow, the grant of citizenship lapses.

Regulation 7(1)(a): substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Regulation 7(1)(a)(viii): amended, on 9 June 2011, by regulation 5 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

Regulation 7(1)(a)(ix): added, on 9 June 2011, by regulation 5 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

Renunciation and deprivation of citizenship

8 Declarations of renunciation of citizenship

(1)

A declaration of renunciation of citizenship under section 15 of the Act must be subscribed in duplicate in the form provided by the Secretary.

(2)

A declaration of renunciation of citizenship may be made—

(a)

in New Zealand, before a District Court Judge or the Secretary:

(b)

in any other country, before a New Zealand representative or any other British overseas representative authorised for the purpose by the Minister.

(3)

In any country in which there is no New Zealand or British overseas representative, a declaration of renunciation of citizenship may be made before—

(a)

any other Commonwealth representative; or

(b)

a Judge; or

(c)

a person who is authorised by the law of that country to administer oaths; or

(d)

a person who is authorised for the purpose by the Minister.

(4)

Both copies of a declaration of renunciation of citizenship must—

(a)

be transmitted by the person making it, or by the person before whom it is made, to the Department:

(b)

be accompanied by the prescribed fee (if any).

(5)

Unless the Minister declines to register the declaration pursuant to section 15(3) of the Act, the Minister must cause one copy to be officially noted as having been registered. That copy must be returned to the declarant, and the other copy must be filed in the Department.

(6)

The person who has renounced citizenship, or any other person having in their possession or control any certificate to the effect that the person who has renounced citizenship is a citizen, or a New Zealand passport or emergency travel document in the name of that person or in which the name of that person appears, must deliver up the certificate or passport or emergency travel document to the Secretary.

9 Deprivation of citizenship

A person who has been deprived of citizenship under section 16 or section 17 of the Act, or any other person having in their possession or control a certificate to the effect that the person who has been deprived of citizenship is a citizen, or a New Zealand passport or emergency travel document in the name of that person or in which the name of that person appears, must deliver up the certificate or passport or emergency travel document to the Secretary.

10 Giving notice relating to deprivation of citizenship

A notice by the Minister under section 19 of the Act of the Minister’s intention to deprive a person of citizenship must be given to the person concerned or sent to the person at his or her last known address.

Registers

11 Register of citizenship by descent

(1)

There must be set up and maintained within the Department a register of citizenship by descent.

(2)

The purpose of the register is to provide a record of persons who have registered their citizenship by descent status.

(3)

A person who wishes to have his or her birth, or the birth of any other person, registered for the purposes of section 7(2) of the Act may apply to the Secretary on the form provided by the Secretary.

(3A)

The application may be lodged with any office of the Department, or with any New Zealand representative, and must be accompanied by the prescribed fee (if any).

(3B)

On being satisfied of the relevant person’s entitlement to be registered for the purposes of section 7(2) of the Act, the Secretary must cause an appropriate entry of the matter to be inserted in the register of citizenship by descent.

(4)

If a person registered as a citizen by descent has renounced or been deprived of citizenship, the Secretary must cause an appropriate entry of the matter to be inserted in the register.

(5)

The Secretary may remove the name of a person from the register if satisfied that the person’s name was registered as a result of—

(a)

fraud; or

(b)

false representation; or

(c)

wilful concealment of relevant information; or

(d)

administrative error.

Regulation 11(1): substituted, on 16 November 2006, by regulation 4 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 11(2): substituted, on 16 November 2006, by regulation 4 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 11(3): substituted, on 16 November 2006, by regulation 4 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 11(3A): inserted, on 16 November 2006, by regulation 4 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 11(3B): inserted, on 16 November 2006, by regulation 4 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

12 Register of persons granted citizenship

(1)

There must be set up and maintained within the Department a register of persons who are granted citizenship.

(1A)

The purpose of the register is to provide a record of persons who have acquired citizenship by grant.

(2)

If a person registered as having been granted citizenship has renounced or been deprived of citizenship, the Secretary must cause an appropriate entry of the matter to be inserted in the register.

Regulation 12(1A): inserted, on 16 November 2006, by regulation 5 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

13 Registers of persons renouncing or deprived of citizenship

(1)

There must be set up and maintained within the Department—

(a)

a register of persons who have renounced citizenship; and

(b)

a register of persons who have been deprived of citizenship.

(1A)

The purpose of the registers is, respectively,—

(a)

to provide a record of persons who have renounced citizenship:

(b)

to provide a record of persons who have been deprived of citizenship.

(2)

If a citizen has renounced or been deprived of citizenship, the Secretary must cause an appropriate entry of the matter to be inserted in the appropriate register.

(3)

A certified copy of any such entry to the effect that a person has renounced or been deprived of citizenship is sufficient evidence, without proof of the signature and in the absence of proof to the contrary, of the facts stated in the certificate.

Regulation 13(1A): inserted, on 16 November 2006, by regulation 6 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

13A Register of persons whose citizenship status confirmed under Act or obtained under other Act

(1)

There must be set up and maintained within the Department—

(a)

a register of persons whose citizenship status (whether or not as a citizen) has been confirmed by a certificate issued under section 21 of the Act; and

(b)

1 or more registers of persons whose citizenship status (whether or not as a citizen) was obtained under the British Nationality and New Zealand Citizenship Act 1948; and

(c)

a register of persons to whom section 4(3) of the Citizenship (Western Samoa) Act 1982 applies.

(2)

The purpose of the registers is, respectively,—

(a)

to provide a record of persons whose citizenship status has been confirmed under section 21 of the Act:

(b)

to provide a record of persons whose citizenship status was obtained under the British Nationality and New Zealand Citizenship Act 1948:

(c)

to provide a record of persons to whom section 4(3) of the Citizenship (Western Samoa) Act 1982 applies.

(3)

Nothing in subclause (1)(b) requires the Department to keep a record of a person whose citizenship status was obtained under the British Nationality and Citizenship Act 1948 by birth or descent.

Regulation 13A: inserted, on 9 June 2011, by regulation 6 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

14 Maintenance of registers

(1)

Subject to the direction of the Minister, the Secretary is responsible for keeping and maintaining the registers referred to in regulations 11 to 13A.

(2)

The registers may be kept—

(a)

in the form of duplicates of certificates; or

(b)

in writing; or

(c)

in the form of information stored by electronic means that is readily retrievable; or

(d)

a combination of those methods.

Regulation 14(1): amended, on 9 June 2011, by regulation 7 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

15 Public access to registers

(1)

Except as provided in subclause (2), information from a register referred to in regulations 11 to 13A (a citizenship register) may be disclosed—

(a)

only in respect of a named individual; and

(b)

only on request, in a manner specified by the Secretary, by—

(i)

the individual concerned; or

(ii)

a person who has the authorisation of the named individual; or

(iii)

a person who needs confirmation of the citizenship status of a parent or grandparent to establish a claim to citizenship; or

(iv)

a person who satisfies the Secretary that he or she requires the information for a genuine and proper purpose that is related to the purpose of the relevant register.

(2)

Despite subclause (1), information from a citizenship register may be disclosed for any of the following purposes:

(a)

to avoid prejudice to the maintenance of the law by a public sector agency:

(b)

for an intelligence and security agency to perform its functions under section 10 or 11 of the Intelligence and Security Act 2017:

(c)

for the conduct of any proceedings before any court or tribunal:

(d)

for statistical or research purposes where the information will not be published in a form that could reasonably be expected to identify any individual concerned.

(3)

In this regulation, intelligence and security agency has the meaning given to it by section 4 of the Intelligence and Security Act 2017.

Regulation 15: substituted, on 16 November 2006, by regulation 7 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 15(1): amended, on 9 June 2011, by regulation 8 of the Citizenship Amendment Regulations 2011 (SR 2011/131).

Regulation 15(2)(b): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Regulation 15(3): inserted, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

16 Restriction of access to register entries in certain cases
[Revoked]

Regulation 16: revoked, on 16 November 2006, by regulation 8 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Miscellaneous provisions

17 Fees

(1)

The fees set out in the Schedule are payable in respect of the matters specified in that schedule.

(2)

The fees are inclusive of goods and services tax (where applicable).

18 Fee for grant of citizenship not payable by certain immigrant children

(1)

Despite anything to the contrary in these regulations, no fee is payable in respect of an application for a grant of citizenship under the Act that—

(a)

is made by a person who can show, to the satisfaction of the Secretary, that he or she was an immigrant child and not a refugee child; and

(b)

is made in respect of the person himself or herself; and

(c)

is made after 13 November 1995.

(2)

No person may make more than 1 application free of charge under this regulation.

(3)

In this regulation,—

immigrant child means a child who, before attaining the age of 18 years, came to New Zealand from Great Britain between 1 January 1949 and 31 December 1954 in accordance with an arrangement between the Government of New Zealand and his or her parents or guardian that the child would live in New Zealand subject to the provisions of Part 1 of the Child Welfare Amendment Act 1948; but does not include any person who came to New Zealand accompanied by and in the charge of his or her parent or any of his or her relatives

refugee child means a child who came to New Zealand as an immigrant pursuant to an arrangement made for that purpose between the Government of New Zealand and the International Refugee Organisation.

18A Refund for withdrawal of application for grant of citizenship in certain cases

(1)

Where a person who has applied for a grant of citizenship withdraws that application before completion of its initial processing, the person is entitled to a refund of—

(a)

$310, in the case of a person who has paid the fee set out in item 1 or item 3 of the Schedule:

(b)

$155, in the case of a person who has paid the fee set out in item 2 or item 4 of the Schedule.

(2)

No refund is payable if the person withdraws the application after completion of its initial processing.

(3)

For the purposes of this regulation, initial processing of an application is treated as completed once—

(a)

an employee of the Department has given written notification to the applicant of the option to withdraw the application; and

(b)

the applicant has responded to that written notification.

Regulation 18A: inserted, on 16 November 2006, by regulation 9 of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Regulation 18A(1)(a): amended, on 16 November 2006, by regulation 4(a) of the Citizenship Amendment Regulations (No 2) 2006 (SR 2006/341).

Regulation 18A(1)(b): amended, on 16 November 2006, by regulation 4(b) of the Citizenship Amendment Regulations (No 2) 2006 (SR 2006/341).

19 Offences

Every person who knowingly fails to deliver up any document in contravention of regulation 8(6) or regulation 9 commits an offence and is liable on conviction to a fine not exceeding $200.

Regulation 19: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

20 Revocation

The Citizenship Regulations 1978 (SR 1978/181) are revoked.

Schedule Fees

r 17

Schedule: substituted, on 1 September 2003, by regulation 3 of the Citizenship Amendment Regulations 2003 (SR 2003/158).

NoMatterFee
($)
1Application for grant of citizenship under Citizenship Act 1977 (other than to child under the age of 16 years)460
2Application for grant of citizenship under Citizenship Act 1977 for child under the age of 16 years230
3Application for grant of citizenship under section 7(1) of Citizenship (Western Samoa) Act 1982 (other than to child under the age of 16 years)460
4Application for grant of citizenship under section 7(1) of Citizenship (Western Samoa) Act 1982 for child under the age of 16 years230
5Application under section 21(1) of Citizenship Act 1977 for a certificate confirming that an applicant is a New Zealand citizen—
  • (a)

    if the applicant’s New Zealand citizenship has previously been granted, registered, or confirmed

110
  • (b)

    if the applicant’s New Zealand citizenship has not previously been granted, registered, or confirmed

200
6Application under section 21(1) of Citizenship Act 1977 for certificate confirming that an applicant is not a New Zealand citizen110
6AApplication for written confirmation of citizenship status of another person (if authorised by regulation 15)110
7Application for registration of persons born outside New Zealand (if application made in New Zealand) (citizenship by descent)200
8Application for registration of persons born outside New Zealand (if application made outside New Zealand) (citizenship by descent)200
9Application for replacement certificate of citizenship110
10Application for registration of declaration of renunciation of citizenship (overseas or in New Zealand)390
11Provision of printout or copy of entry in register in respect of a named person (if authorised by regulation 15)26

Schedule item 5: substituted, on 16 November 2006, by regulation 10(1) of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Schedule item 6A: inserted, on 16 November 2006, by regulation 10(2) of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Schedule item 11: added, on 16 November 2006, by regulation 10(3) of the Citizenship Amendment Regulations 2006 (SR 2006/324).

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 March 2002.

Reprints notes
1 General

This is a reprint of the Citizenship Regulations 2002 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Intelligence and Security Act 2017 (2017 No 10): section 335

Criminal Procedure Act 2011 (2011 No 81): section 413

Citizenship Amendment Regulations 2011 (SR 2011/131)

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)

Citizenship Amendment Regulations (No 2) 2006 (SR 2006/341)

Citizenship Amendment Regulations 2006 (SR 2006/324)

Citizenship Amendment Regulations 2003 (SR 2003/158)