WHEREAS by the British Nationality and Status of Aliens (in New Zealand) Act, 1928, and the British Nationality and Status of Aliens (in New Zealand) Amendment Act, 1934–35, certain provisions of the Acts of the Parliament of the United Kingdom cited together as the British Nationality and Status of Aliens Acts, 1914 to 1933, are declared to be part of the law of New Zealand in so far as they are capable of application in New Zealand: And whereas the United Kingdom Acts have been amended by the British Nationality and Status of Aliens Act, 1943: And whereas it is desirable that the provisions of that Act be incorporated in the law of New Zealand in so far as they are capable of application in New Zealand: And whereas it is desirable that certain special provisions (as contemplated by section five of the United Kingdom Act of 1943) be made in respect of the naturalization of persons in consideration of service rendered in connection with the prosecution of the present war:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the British Nationality and Status of Aliens (in New Zealand) Amendment Act, 1943, and shall be read together with and deemed part of the British Nationality and Status of Aliens (in New Zealand) Act, 1928 (hereinafter referred to as the principal Act).

2 Interpretation.

In this Act, unless the context otherwise requires,—

“Dominion” means a Dominion specified in the First Schedule to this Act:

“The present war period” means the period beginning with the third day of September, nineteen hundred and thirty-nine, and ending with such date as the Governor-General may by Order in Council appoint.

3 Certain provisions of United Kingdom Act of 1943 declared part of law of New Zealand.

(1)

Subject to the modification made by the next succeeding subsection, the provisions of the United Kingdom Act of 1943 set out in the Second Schedule to this Act are hereby declared to be part of the law of New Zealand in so far as the said provisions are capable of application in New Zealand.

(2)

In their application as part of the law of New Zealand the said provisions shall be read as if the reference to His Majesty in the definition of the expression “the present war period” in subsection one of section ten were a reference to the Governor-General.

4 Special power to grant certificates of naturalization to aliens serving in His Majesty’s New Zealand Forces.

If at any time during the present war period an application for a certificate of naturalization is made to the Minister of Internal Affairs by any person, then if the Minister is satisfied that the applicant—

(a)

Is, or has at any time during that period been, a member of any of His Majesty’s Forces established in New Zealand; and

(b)

Is a proper person to be naturalized as a British, subject,—

the Minister may grant to the applicant a certificate of naturalization under section two of the United Kingdom Act of 1914, in its application to New Zealand, notwithstanding that the requirements of subsection one of that section are not complied with.

Compare: 6 & 7 Geo. VI, c. 14, s. 4

5 Special certificates of naturalization granted in United Kingdom or Dominions.

A certificate of naturalization granted in accordance with any law in force in the United Kingdom or in any Dominion other than New Zealand, being a law providing for the naturalization of persons in consideration of service rendered at any time during the present war period in connection with the prosecution of the war, shall have the same effect as a certificate of naturalization granted by the Minister of Internal Affairs under Part II of the United Kingdom Act of 1914, in its application to New Zealand, and shall be deemed for the purposes of that Act and of the principal Act to be a certificate of naturalization granted thereunder.

Compare: 6 & 7 Geo. VI, c. 14, s. 5

6 Extending power to make regulations.

Without limiting the, power conferred on the Governor-General in Council by section fourteen of the principal Act to make regulations generally for carrying into effect the objects of the principal Act, it is hereby declared that regulations may be made under that section for all or any of the following purposes:—

(a)

For any purpose for which it appears to the Governor-General in Council to be expedient to make such regulations in consequence of the provisions of this Act:

(b)

For securing that any declaration made, registration effected, or permission, consent, or direction given, whether before or after the commencement of this Act, in accordance with any provision of any law in force in the United Kingdom or in any Dominion other than New Zealand may, for the purposes of this Act and the principal Act, have the like effect as a declaration, registration, permission, consent, or direction made, effected, or given in accordance with any corresponding provision of those Acts respectively or of the regulations made thereunder.

Compare: ibid., s. 8

7 Consequential alterations of Second Schedule to principal Act.

The Second Schedule to the principal Act is hereby consequentially altered as follows:—

(a)

By omitting subparagraph (v) of paragraph (b) of subsection one of section one, and the word “or” before that subparagraph, but not the word “and” after that subparagraph:

(b)

By omitting the provisoes to subsection one of section one:

(c)

By omitting the definition of the expression “British consulate” in subsection one of section twenty-seven.

SCHEDULES

FIRST SCHEDULE List or Dominions

Section 2 cf. 4 & 5 Geo. V, c. 17, First Schedule.

THE Dominion of Canada.

The Commonwealth of Australia (including for the purposes of this Act the territory of Papua and Norfolk Island).

The Dominion of New Zealand.

The Union of South Africa.

Newfoundland.

SECOND SCHEDULE Provisions of the British Nationality and Status of Aliens Act, 1943 (of the Parliament of the United Kingdom), in this Act Declared Part of the Law of New Zealand

Section 3

British Nationality of certain Persons born Abroad

1 British nationality by registration.

(1)

Subparagraph (v) of paragraph (b) of subsection (1) of section one of the British Nationality and Status of Aliens Act, 1914 (hereinafter referred to as “the principal Act”), shall cease to have effect.

(2)

A person born outside His Majesty’s dominions whose father was at the time of the birth a British subject shall be deemed to be and always to have been a natural-born British subject—

(a)

In the case of a person born after or within one year before the commencement of this Act, if his birth is registered at a consulate of His Majesty within one year after its occurrence:

(b)

In the case of any person, whether born before or after the commencement of this Act, if his birth is at any time registered at such a consulate with the permission of the Secretary of State or the Secretary of State directs that although registered without his permission it shall be deemed to have been registered with his permission.

2 British nationality of persons born in foreign countries where His Majesty exercises jurisdiction.

(1)

Any person born, whether before or after the commencement of this Act, in a place where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty was at the time of that person’s birth exercising jurisdiction over British subjects, shall, if at the time of his birth his father was a British subject, be deemed to be and, in the case of a person born before the commencement of this Act, always to have been, a natural-born British subject.

(2)

For the purposes of subparagraph (i) of paragraph (b) of subsection (1) of section one of the principal Act, any such person as aforesaid shall be deemed to have been born within his Majesty’s allegiance.

3 British nationality of posthumous children.

Any person born after the death of his father, whether before or after the commencement of this Act, shall, if his father died a British subject, be deemed to be and, in the case of a person born before the commencement of this Act, always to have been, a natural-born British subject in any case in which he would have been a natural-born British subject if his father had survived and remained a British subject until after the birth.

Loss of British Nationality

6 Requirements as to assertion of nationality by persons having British nationality by registration.

(1)

Subject to the provisions of this section, a person whose British nationality depends upon the fact that his birth was registered at a consulate of His Majesty shall, if his birth was so registered before he attained the age of twenty-one years, cease to be a British subject at the expiration of one year after he attains that age unless within that period he asserts his British nationality by a declaration of retention of British nationality registered in accordance with regulations made under the principal Act:

Provided that if such a declaration is made by any person after the expiration of that period with the permission of the Secretary of State, that person shall be deemed not to have ceased to be a British subject.

(2)

If any such person as aforesaid has at any time during the present war period been a member of His Majesty’s Forces, that person shall not cease by virtue of the foregoing subsection to be a British subject or, if he has, by virtue of that subsection or of any enactment repealed by this Act, previously ceased to be a British subject, shall be deemed never to have so ceased.

(3)

If any such person as is mentioned in subsection (1) of this section satisfies the Secretary of State that he was not a member of His Majesty’s Forces during the present war period by reason only of his having been otherwise engaged on work of national importance or of his having been prevented from becoming a member of those Forces by causes outside his control, the Secretary of State may direct that the last foregoing subsection shall apply to him as if he had been a member of those Forces.

7 Provisions as to declarations of alienage.

A declaration of alienage made after the commencement of this Act under any provision of the principal Act shall be of no effect until it has been registered in accordance with regulations made under the principal Act, and, in the case of a declaration made during any war in which His Majesty may be engaged, unless it is so registered with the permission of the Secretary of State.

Miscellaneous and General

9 Special provisions as to registration of births in time of war.

If during any war in which His Majesty may be engaged the birth of any person is registered in accordance with regulations made under the principal Act by a person serving in the diplomatic, consular, or other foreign service of a foreign Power, or by a person authorized in that behalf by the Secretary of State, the birth of that person shall be deemed for the purposes of section one of this Act to have been registered at a consulate of His Majesty.

10 Interpretation and construction.

(1)

In this Act the following expressions have the meanings hereby respectively assigned to them, that is to say:—

“Consulate of His Majesty” means the office of a consular officer of His Majesty where a register of births is kept, or, in the case of any territory where there is no such office and there is a resident or administrator appointed by a Government of His Majesty, or any other representative of His Majesty, the office of such resident, administrator, or representative:

“Dominion” means a Dominion specified in the First Schedule to the principal Act:

“The present war period” means the period beginning with the third day of September, nineteen hundred and thirty-nine, and ending with such date as His Majesty may by Order in Council appoint.

(2)

Subsection (1) of section eight of the principal Act (which extends to British Possessions the provisions of that Act as to the grant and revocation of certificates of naturalization, subject to the modifications therein mentioned),. shall have effect as if the references therein to that Act included references to this Act.

British Nationality and Status of Aliens (in New Zealand) Amendment Act 1943