Citizenship Amendment Regulations 2011

2011/131

Coat of Arms of New Zealand

Citizenship Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of May 2011

Present:
His Excellency the Governor-General in Council

Pursuant to section 28 of the Citizenship Act 1977, His 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 Amendment Regulations 2011.

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

3  Principal regulations amended
4  Interpretation
  • Regulation 3 is amended by adding the following subclause as subclause (2):

    • (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.

5  Taking oath of allegiance
  • Regulation 7(1)(a) is amended by adding ; or and by adding the following subparagraph:

    • (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):.

6  New regulation 13A inserted
  • The following regulation is inserted after regulation 13:

    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.

7  Maintenance of registers
8  Public access to registers

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Citizenship Regulations 2002 (the principal regulations). The main changes are as follows:

  • regulation 7(1) is amended to enable the oath of allegiance set out in Schedule 1 of the Citizenship Act 1977 (the Act) or an affirmation to the same effect to be taken in New Zealand before an officer of the Armed Forces who holds a rank not below that of lieutenant-commander, major, or squadron leader, in the case of a person who is a member of the regular forces, reserve forces, or territorial forces:

  • new regulation 13A is inserted to provide for registers to be set up and maintained within the Department of Internal Affairs to provide a record of persons—

    • whose citizenship status (whether or not as a citizen) has been confirmed under section 21 of the Act:

    • whose citizenship status (whether or not as a citizen) was obtained under the British Nationality and New Zealand Citizenship Act 1948:

    • to whom section 4(3) of the Citizenship (Western Samoa) Act 1982 applies:

  • regulations 14 and 15, which relate to the maintenance of registers and public access to registers, are consequentially amended to include a reference to new regulation 13A.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 May 2011.

These regulations are administered by the Department of Internal Affairs.