Citizenship Act 1977

Miscellaneous provisions

25: Evidence

You could also call this:

"What counts as proof when dealing with citizenship documents"

Illustration for Citizenship Act 1977

When you are dealing with documents related to citizenship, you need to know what is considered evidence. If a document seems to be a notice, certificate, or declaration, or an entry in a register, or an oath of allegiance, it can be used as evidence. It will be assumed to be genuine unless someone proves it is not.

You can prove a document is genuine by showing a copy that has been certified as true by the right person. The Minister can also give a certificate to prove someone was working for the New Zealand Government at a certain time. This certificate is considered conclusive evidence, meaning it is taken as fact.

If there is an entry in a register about someone's citizenship, it can be used as evidence of what it says. For example, if a register says someone was born in New Zealand, that can be used as evidence of their birthplace. You can find more information about what documents are considered evidence by looking at section 30.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM444012.


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Part 2Miscellaneous provisions

25Evidence

  1. Every document purporting to be a notice, certificate, or declaration, or an entry in a register, or a subscription of an oath of allegiance given, granted, or made under this Act, the British Nationality and Status of Aliens (in New Zealand) Act 1923 or any enactment repealed by that Act, the British Nationality and Status of Aliens (in New Zealand) Act 1928, or the Registration of Aliens Act 1917, or any enactment repealed by section 30 shall be received in evidence, and shall, unless the contrary is proved, be deemed to have been given, granted, or made by or on whose behalf it purports to have been given, granted, or made.

  2. Evidence of any document to which subsection (1) applies may be given by production of a document purporting to be certified as a true copy thereof by such person and in such manner as may be prescribed.

  3. Any entry in a register made under this Act or any other Act referred to in subsection (1) shall be received as evidence of the matters stated in the entry.

  4. For the purposes of this Act, a certificate given by or on behalf of the Minister that a person was at any time in Crown service under the New Zealand Government shall be conclusive evidence of that fact.

Compare
  • 1948 No 15 s 30