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Citizenship Act 1977

New Zealand citizenship - Acquisition of citizenship

6: Citizenship by birth

You could also call this:

"Born in New Zealand? You're a citizen if your parents are citizens or you were born here at certain times."

Illustration for Citizenship Act 1977

If you were born in New Zealand on or after 1 January 1949 and before 1 January 2006, you are a New Zealand citizen. If you were born in New Zealand on or after 1 January 2006, you are a New Zealand citizen if at least one of your parents was a New Zealand citizen or entitled to be in New Zealand indefinitely under the Immigration Act 2009.

You are not a New Zealand citizen if your parents were diplomats or had special privileges that meant they were not subject to New Zealand law, and neither of your parents was a New Zealand citizen, when you were born.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM443841.

Topics:
Immigration and citizenship > Becoming a citizen
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7: Citizenship by descent, or

"Becoming a New Zealand citizen because one of your parents is a New Zealand citizen"

Part 1New Zealand citizenship
Acquisition of citizenship

6Citizenship by birth

  1. Subject to subsection (2), a person is a New Zealand citizen by birth if—

  2. the person was born in New Zealand on or after 1 January 1949 and before 1 January 2006; or
    1. the person was born in New Zealand on or after 1 January 2006, and, at the time of the person's birth, at least one of the person's parents was—
      1. a New Zealand citizen; or
        1. entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely, or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.

        2. A person shall not be a New Zealand citizen by virtue of this section if, at the time of his birth,—

        3. his father or mother was a person upon whom any immunity from jurisdiction was conferred by or under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 or in any other way, and neither of his parents was a New Zealand citizen; or
          1. his father and mother were enemy aliens and the birth occurred in a place then under occupation by the enemy.

            1. Despite subsections (1) and (2),—

            2. every person born in New Zealand on or after 1 January 1978 is a New Zealand citizen by birth if the person would otherwise be stateless:
              1. a person is deemed to be a New Zealand citizen by birth if—
                1. the person, having recently been born, has been found abandoned in New Zealand; and
                  1. investigations have failed to establish the identity of at least one of the person's parents.

                  2. Notwithstanding section 7, a person born outside New Zealand shall be deemed to be a New Zealand citizen otherwise than by descent if that person's father or mother is then—

                  3. a New Zealand citizen, or a New Zealand citizen by descent, pursuant to this Act; and
                    1. either—
                      1. a head of mission or head of post within the meaning of the Foreign Affairs Act 1988; or
                        1. an employee in any part of the State services, or a member of the Armed Forces, on service overseas; or
                          1. a person working overseas for the public service of Niue, Tokelau, or the Cook Islands; or
                            1. an officer or employee of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003) on service overseas; or
                              1. an officer or employee of the New Zealand Tourism Board (as established by the New Zealand Tourism Board Act 1991) on service overseas.

                              2. Despite section 7, a person is a New Zealand citizen by birth if—

                              3. the person is born in the Independent State of Samoa; and
                                1. but for reasons of medical necessity requiring the mother to travel from Tokelau to the Independent State of Samoa to give birth to the person, the person would have been born in Tokelau; and
                                  1. at the time of the person's birth the person would have been a New Zealand citizen by birth under subsection (1), had the person been born on that date in Tokelau.

                                    1. A person who is a New Zealand citizen by birth does not lose his or her New Zealand citizenship by reason of the person being adopted by a parent or parents who are neither—

                                    2. New Zealand citizens; nor
                                      1. persons entitled to reside indefinitely in New Zealand in terms of the Immigration Act 2009 or entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.

                                        Compare
                                        • 1948 No 15 s 6
                                        Notes
                                        • Section 6(1): replaced, on , by section 5(1) of the Citizenship Amendment Act 2005 (2005 No 43).
                                        • Section 6(1)(b)(ii): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).
                                        • Section 6(3): replaced, on , by section 5(2) of the Citizenship Amendment Act 2005 (2005 No 43).
                                        • Section 6(4): replaced, on , by section 4(1) of the Citizenship Amendment Act 1992 (1992 No 104).
                                        • Section 6(4)(b)(i): amended, on , pursuant to section 2(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).
                                        • Section 6(4)(b)(iia): inserted, on , by section 4 of the Citizenship Amendment Act (No 2) 2001 (2001 No 95).
                                        • Section 6(4)(b)(iii): replaced, on , by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).
                                        • Sections 6(5): inserted, on , by section 5(3) of the Citizenship Amendment Act 2005 (2005 No 43).
                                        • Sections 6(6): inserted, on , by section 5(3) of the Citizenship Amendment Act 2005 (2005 No 43).
                                        • Section 6(6)(b): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).