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Citizenship Act 1977

New Zealand citizenship - Transitional provisions relating to citizenship

13: Existing rights of citizenship protected

You could also call this:

"Your New Zealand citizenship is still valid even if the old laws change."

Illustration for Citizenship Act 1977

If you were a New Zealand citizen before this Act started, you will still be a New Zealand citizen. You get to keep your citizenship, even if the old law that made you a citizen is no longer in effect, thanks to the repeal by section 30. This means you do not have to worry about losing your citizenship.

If you were a New Zealand citizen by descent before this Act started, you will still be a New Zealand citizen by descent. This is because of the old law, the British Nationality and New Zealand Citizenship Act 1948. You will still have the same type of citizenship.

You can also be a New Zealand citizen if you were born outside New Zealand between 1 January 1949 and 1 January 1978. This is true if your father was a New Zealand citizen when you were born, or if your mother was a New Zealand citizen when you were born, and you were born on or after 1 January 1970, after the Status of Children Act 1969 started. This means you can be a citizen even if you were not born in New Zealand.

However, there are some exceptions to this rule. You cannot be a New Zealand citizen just because your parent is a citizen by descent only, unless you or your parent was born in a special place, or your birth is registered before you turn 16. Another exception is if your parent was working for the New Zealand Government when you were born. These exceptions can affect whether or not you are a New Zealand citizen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM443882.

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Part 1New Zealand citizenship
Transitional provisions relating to citizenship

13Existing rights of citizenship protected

  1. Notwithstanding the repeal of the British Nationality and New Zealand Citizenship Act 1948 by section 30, every person who, by virtue of that Act, was a New Zealand citizen immediately before the commencement of this Act, shall, subject to the succeeding provisions of this Part, continue to be a New Zealand citizen.

  2. Notwithstanding subsection (1), a person who, by virtue of the British Nationality and New Zealand Citizenship Act 1948, was, immediately before the commencement of this Act, a New Zealand citizen by descent only, shall, for the purposes of this Act, be deemed to be a New Zealand citizen by descent only.

  3. Without limiting subsection (1) or subsection (2), but subject to subsection (4), every person born outside New Zealand on or after 1 January 1949 but before 1 January 1978 shall be a New Zealand citizen by descent if—

  4. in any case, his father was a New Zealand citizen at the time of that person's birth; or
    1. in the case of a person born on or after 1 January 1970 (being the date of the commencement of the Status of Children Act 1969), his mother was a New Zealand citizen at the time of his birth.

      1. A person shall not be a New Zealand citizen by virtue of subsection (3) if that person's relevant parent was a New Zealand citizen by descent only, unless—

      2. that person or his relevant parent was born in a protectorate, protected State, mandated territory, or trust territory, or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means Her Majesty then had jurisdiction over British subjects; or
        1. in the case of a person born in a place other than a place mentioned in paragraph (a), his birth or citizenship by descent is registered, in accordance with regulations made under this Act, before that person has attained the age of 16 years; or
          1. the relevant parent of that person was, at the time of the person's birth, in Crown service under the New Zealand Government.

            Notes
            • Section 13(4)(b): amended, on , by section 9 of the Citizenship Amendment Act 1992 (1992 No 104).