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Citizenship Act 1977

New Zealand citizenship - Acquisition of citizenship

9A: Disqualifying convictions

You could also call this:

"Certain crimes can stop you from becoming a New Zealand citizen"

Illustration for Citizenship Act 1977

If you want to become a New Zealand citizen, the Minister will not allow it if you have been convicted of a crime and you were sentenced to a prison term of 5 years or more. You also can't become a citizen if you were sentenced to a shorter prison term in the last 7 years, or if you were convicted of a crime in the last 3 years but didn't go to prison. The Minister can make an exception if they think there are special reasons why you should still be allowed to become a citizen, even if you have been convicted of a crime, as long as you meet the requirements of section 8 or section 9. The Minister can still refuse your application if they don't think you are a good person, even if you don't have any of the convictions that would normally stop you from becoming a citizen, and this rule does not limit the Minister's power to refuse citizenship if you were released under subpart 2 of Part 1 of the Parole Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM443872.

Topics:
Immigration and citizenship > Becoming a citizenCrime and justice > Criminal law
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9: Grant of citizenship in special cases, or

"Becoming a New Zealand citizen in special situations"

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9B: Minister may rescind approval at any time up until applicant becomes citizen, or

"The Minister can cancel your citizenship approval at any time before you become a citizen."

Part 1New Zealand citizenship
Acquisition of citizenship

9ADisqualifying convictions

  1. Except as provided in subsection (2), the Minister must not authorise a grant of citizenship under section 8 or section 9 to a person who has been convicted of an offence if—

  2. the person was sentenced on conviction to—
    1. a term of imprisonment of 5 years or more; or
      1. an indefinite term of imprisonment capable of running for 5 years or more; or
      2. within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1 of the Parole Act 2002; or
        1. within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.

          1. The Minister may however authorise a grant of citizenship to a person to whom subsection (1) applies and who otherwise meets the requirements of section 8 or section 9 if satisfied that there are exceptional circumstances relating to the conviction such that a grant of citizenship should not be precluded.

          2. Nothing in this section limits the Minister's discretion to refuse a grant of citizenship if the Minister is not satisfied that the applicant is of good character.

          Notes
          • Section 9A: inserted, on , by section 7 of the Citizenship Amendment Act 2005 (2005 No 43).