Key requirements for the grant of New Zealand Citizenship
Visa applications in New Zealand are decided by Immigration New Zealand, which is part of the Ministry of Business, Innovation and Employment. Applications for New Zealand Citizenship are decided by the Department of Internal Affairs, which is separate to Immigration New Zealand.
Applications for Visas are decided under the Immigration Act 2009, but there are different criteria to meet for the grant of New Zealand citizenship as set out in the Citizenship Act 1977.
The key requirements for the grant of New Zealand Citizenship are (set out in section 8, Citizenship Act 1977):
- You have held Residence in New Zealand for at least 5 years, you have spent at least 240 days in New Zealand in each of the 5 years and a total of at least 1,350 days across the 5 years, and you intend to keep living in New Zealand;
- You are able to hold a basic conversation in English;
- You are of good character. Some types of criminal conviction mean it will be unlikely you will be granted Citizenship. For example, a person sentenced to a term of imprisonment of 5 years or more, will usually not be granted Citizenship.
Exceptions to these requirements are rarely allowed. Under section 9, Citizenship Act 1977, the Minister of Internal Affairs (not the Minister of Immigration) can grant Citizenship as a special case, however exceptional circumstances are required.
Acquiring New Zealand Citizenship involves making a commitment to New Zealand
When you acquire New Zealand Citizenship, you take on the privileges and responsibilities of being a New Zealand Citizen. You will be required to attend a Citizenship ceremony, where you make an oath or affirmation to say you are loyal to New Zealand. The national anthem is usually played. The oath/affirmation states:
- “I will be faithful and bear true allegiance to His Majesty King Charles the Third, King of New Zealand, his heirs and successors according to law, and that I will faithfully observe the laws of New Zealand and fulfil my duties as a New Zealand citizen. So help me God”.
Acquiring New Zealand Citizenship involves making a commitment to New Zealand. In particular, unless the Minister of Internal Affairs makes an exception, New Zealand Citizenship is not granted unless the applicant has spent the required amount of time in New Zealand.
New Zealand Citizenship can also be acquired by birth (for example, by being born in New Zealand and at least one parent is a New Zealand citizen) or by descent (for example, by being born outside New Zealand and at least one parent is a New Zealand citizen (except by descent).
Both a Permanent Residence Visa and New Zealand Citizenship (and a Residence Visa) allow the holder to live in New Zealand permanently. The key advantage of being a New Zealand Citizen for most people is the ability to hold a New Zealand passport. There are certain other things you need to be a New Zealand citizen to do (which will not concern most people), such as stand for the New Zealand Parliament or local government, and represent New Zealand at the Olympic Games.
There is also an ability for New Zealand citizens to live as residents in Australia, under an agreement between New Zealand and Australia. This is an advantage of being a New Zealand Citizen, which is popular for many people.
Why hold a New Zealand passport?
New Zealand has a good reputation internationally and as the holder of a New Zealand passport, your travel to various countries worldwide (as a Visitor) will probably be a smooth process.
The Henley Passport Index is an authoritative ranking of all the world’s passports according to the number of destinations their holders can access without a prior Visa. The New Zealand passport is ranked 5th in this Index, with access to 187 countries without a prior visa (visa-free), which is ahead of countries such as the United Kingdom (6th), Australia (7th) and the United States (10th). Ahead of New Zealand are countries including Japan (2nd), South Korea (2nd), Germany (3rd) and Norway (4th).
There may also be some emotional or psychological advantage to being a New Zealand citizen and the holder of a New Zealand passport, especially if you are from a country which is less well off compared to New Zealand.
What if I need to renounce my New Zealand Citizenship?
Renouncing New Zealand citizenship may be required if you are also a Citizen of a country which does not allow dual Citizenship. We have been approached by several clients facing this problem, seeking a method to renounce their New Zealand Citizenship. The Department of Internal Affairs website does not describe a clear process for renouncing New Zealand Citizenship, which does not help.
Please feel welcome to contact us if you need help to renounce your New Zealand Citizenship. We have had practice with the process and can give advice to make sure the process is appropriately managed.
Summary
New Zealand Citizenship is for applicants who have demonstrated a commitment to New Zealand and intend to keep living in New Zealand.
New Zealand does allow dual citizenship to be held, but some countries do not, creating a situation for some where they need to choose which citizenship they wish to retain.
Please feel welcome to contact us with your questions about New Zealand Citizenship.