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Citizenship Act 1977

New Zealand citizenship - Acquisition of citizenship

7: Citizenship by descent

You could also call this:

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

Illustration for Citizenship Act 1977

If you were born outside New Zealand on or after 1 January 1978, you are a New Zealand citizen by descent if your mother or father was a New Zealand citizen at the time of your birth. This is because your parent was a New Zealand citizen, not by descent or by a grant under section 7A of the Citizenship (Western Samoa) Act 1982.

You can also be a New Zealand citizen by descent if your mother or father was a New Zealand citizen by descent and you would have been stateless otherwise. However, if you are an adopted child from an overseas adoption, as defined in section 2 of the Adoption Act 1955, and you cannot acquire New Zealand citizenship by descent due to section 17(3) of the Adoption Act 1955, then you are not a New Zealand citizen by descent.

If you are a New Zealand citizen by descent, you can apply to have your citizenship status registered. The Secretary can issue a certificate stating your status, which is enough evidence of your citizenship unless there is evidence to the contrary.

If you were a New Zealand citizen by descent but your citizenship lapsed before the Citizenship Amendment Act 2000 came into effect, your citizenship is reinstated from the time it lapsed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM443848.

Topics:
Immigration and citizenship > Becoming a citizen
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6: Citizenship by birth, or

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

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8: Citizenship by grant, or

"Becoming a New Zealand citizen through an application process"

Part 1New Zealand citizenship
Acquisition of citizenship

7Citizenship by descent

  1. Every person born outside New Zealand on or after 1 January 1978 is a New Zealand citizen by descent if, at the time of the person's birth,—

  2. his or her mother or father was a New Zealand citizen otherwise than by—
    1. descent; or
      1. grant under section 7A of the Citizenship (Western Samoa) Act 1982; or
      2. his or her mother or father was a New Zealand citizen by descent, and the person would otherwise be stateless.

        1. However, subsection (1) does not apply to a person who—

        2. is an adopted child pursuant to an overseas adoption (as that term is defined in section 2 of the Adoption Act 1955); and
          1. by virtue of section 17(3) of the Adoption Act 1955 cannot acquire the status of a New Zealand citizen by descent under subsection (1).

            1. A person who is a New Zealand citizen by virtue of subsection (1) may apply for his or her citizenship status to be registered in accordance with regulations made under this Act.

            2. For the purposes of this section, the Secretary may issue a certificate stating a person's status under this section and, in the absence of evidence to the contrary, a certificate to such effect shall be sufficient evidence of the matters stated in the certificate.

            3. The citizenship of any New Zealand citizen by descent that has lapsed before the commencement of the Citizenship Amendment Act 2000 is reinstated with effect from the time it lapsed.

            Compare
            • 1948 No 15 s 7
            Notes
            • Section 7(1): replaced, on , by section 6 of the Citizenship Amendment Act 2005 (2005 No 43).
            • Section 7(1)(a): replaced, on , by section 8 of the Citizenship (Western Samoa) (Restoration) Amendment Act 2024 (2024 No 48).
            • Section 7(1A): inserted, on , by section 16 of the Adoption Amendment Act 2025 (2025 No 49).
            • Section 7(2): replaced, on , by section 5 of the Citizenship Amendment Act (No 2) 2001 (2001 No 95).
            • Section 7(3): inserted, on , by section 5 of the Citizenship Amendment Act 1992 (1992 No 104).
            • Section 7(3): amended, on , by section 21 of the Statutes Amendment Act 2019 (2019 No 56).
            • Section 7(4): inserted, on , by section 3(2) of the Citizenship Amendment Act 2000 (2000 No 9).