Electoral Act 1993

The House of Representatives - Vacancies

55AA: Dual or multiple citizenship permissible in certain circumstances

You could also call this:

"Having citizenship of another country doesn't stop you from being an MP in certain situations"

If you are a member of Parliament, your seat does not become empty just because you are a citizen of another country. This is because you were born in that country or your family comes from there. You can also keep a passport from another country if you got it before you became a member of Parliament. If you renew this passport, your seat in Parliament is still safe, as long as you got the passport before you took office, as stated in section 55(1)(b) and (c). You are allowed to have dual or multiple citizenship in these circumstances.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308536.

Topics:

Government and voting > Elections

55: How vacancies created, or

"What happens if an MP's seat becomes empty"

55AAB: Purpose of sections 55A to 55E, or

"Making elections fair and honest in New Zealand"

Part 3The House of Representatives
Vacancies

55AADual or multiple citizenship permissible in certain circumstances

Despite section 55(1)(b) and (c), the seat of a member of Parliament does not become vacant by reason only of the member—
becoming a subject or citizen of any foreign State or Power, or entitled to the rights, privileges, or immunities of a subject or citizen of any foreign State or Power, by reason only of the member’s—
1. country or place of birth; or
2. descent; or
renewing a passport or travel document that was issued to him or her by a foreign State or Power before the member took office.

Notes

Section 55AA: inserted, on 18 September 2005, by section 6 of the Electoral Amendment Act 2004 (2004 No 99).