2AMeaning of person who owes allegiance to the Sovereign in right of New Zealand

1. For the purposes of this Act only, this section sets out circumstances in which a person owes allegiance to the Sovereign in right of New Zealand.

2. However,—

3. this section is not an exhaustive code of the law relating to the circumstances in which a person owes allegiance to the Sovereign in right of New Zealand; and
4. a person is not excluded from owing allegiance to the Sovereign in right of New Zealand under the common law just because they do not owe allegiance under this section.

5. A person who is in New Zealand owes allegiance to the Sovereign in right of New Zealand unless 1 or more of the following apply:

6. the person enjoys immunity under Article 31 or 37 of the Vienna Convention on Diplomatic Relations by virtue of the Diplomatic Privileges and Immunities Act 1968:
7. the person enjoys immunity under Article 43 of the Vienna Convention on Consular Relations by virtue of the Consular Privileges and Immunities Act 1971:
8. the person—
   1. is a citizen of a State that is at war with New Zealand; and
   2. is not a citizen of New Zealand; and
   3. is not bound by the oath of allegiance:
9. the person—
   1. is a child of a person in New Zealand who meets the conditions in paragraph (c); and
   2. is under the age of 18 years.

10. A person who is outside New Zealand owes allegiance to the Sovereign in right of New Zealand if 1 or more of the following apply:

11. the person is a citizen of New Zealand (whether or not the person is also a citizen of any other State):
12. the person is bound by the oath of allegiance (whether or not the person is also bound by any other oath):
13. the person—
    1. is not a citizen of a State that is at war with New Zealand; and
    2. has previously owed allegiance to the Sovereign in right of New Zealand (whether under this section or under the common law); and
    3. has family or property in New Zealand that demonstrates an enduring connection to New Zealand.

14. It is a question of law whether a person owes allegiance to the Sovereign in right of New Zealand for the purposes of an offence under this Act.

15. Where the decision on a question of law under subsection (5) depends on any questions of fact, the prosecutor or the defendant may adduce, and the Judge may hear, in addition to the evidence heard by the jury, any evidence relevant to those questions of fact.

16. In this section, the oath of allegiance means the oath of allegiance referred to in the Oaths and Declarations Act 1957 and includes any oath substituted for that oath or any affirmation or declaration to the same effect as that oath.