These regulations are the Citizenship Regulations 2002.

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

In these regulations, unless the context otherwise requires,—

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.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

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

In subclause (1), a reference to an application under section 10 of the Act includes a reference to an application under section 7 or 7A of the Citizenship (Western Samoa) Act 1982 (see sections 7(2) and 7A(5) of that Act).

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.

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

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

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—

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

A declaration of renunciation of citizenship may be made—

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

Both copies of a declaration of renunciation of citizenship must—

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.

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.

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.

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.

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

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

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.

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).

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.

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.

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—

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

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

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.

There must be set up and maintained within the Department—

The purpose of the registers is, respectively,—

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.

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.

There must be set up and maintained within the Department—

The purpose of the registers is, respectively,—

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.

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

The registers may be kept—

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

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

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

The fees set out in Schedule 2 are payable in respect of the matters specified in that schedule.

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

The fee for an application for grant of citizenship under section 7A of the Citizenship (Western Samoa) Act 1982 is $241.74.

The fee is exclusive of goods and services tax.

The fee must be refunded to the applicant if their application is approved.

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—

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

In this regulation,—

This clause applies to a person who—

The person is entitled to a refund of 67 % of the fee paid.

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

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

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.

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