Overview of Citizenship by Birth in New Zealand

New Zealand does not automatically grant citizenship to all children born within its territory. The rules governing citizenship by birth are outlined in the Citizenship Act 1977, which was amended in 2006 to introduce stricter requirements. Under the current law, a child born in New Zealand is not automatically a citizen unless certain conditions are met.

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Key Regulations

The primary legislation governing citizenship by birth in New Zealand is the Citizenship Act 1977, specifically Section 6. The 2006 amendment to this Act introduced the requirement for at least one parent to have a qualifying immigration or citizenship status for the child to acquire citizenship by birth.

Eligibility for Citizenship by Birth

A child born in New Zealand is automatically a New Zealand citizen by birth if, at the time of their birth, at least one of the following conditions is met:

1. Parent is a New Zealand Citizen: At least one parent is a New Zealand citizen at the time of the child’s birth.
2. Parent is a Permanent Resident: At least one parent holds a New Zealand permanent resident visa or a residence class visa (including permanent residency or resident visa).
3. Parent is an Australian Citizen or Permanent Resident: At least one parent is an Australian citizen or holds an Australian permanent resident visa.
4. Parent is a Cook Islands, Niue, or Tokelau Citizen: These territories are associated with New Zealand, and their citizens are treated as New Zealand citizens for this purpose.

If neither parent meets these criteria, the child will not automatically acquire New Zealand citizenship by birth, even if born in New Zealand.

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Children Born to Non-Resident Parents

If a child is born in New Zealand to parents who do not meet the above criteria (e.g., temporary visa holders, visitors, or undocumented migrants), the child will not automatically become a New Zealand citizen. However, the child may still be eligible to apply for citizenship later in life through other pathways, such as citizenship by grant (naturalization), provided they meet the residency and other requirements.

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Associated Costs

There are no direct costs for acquiring citizenship by birth if the child is eligible under the conditions mentioned above. However, if the child does not qualify for citizenship by birth and later applies for citizenship by grant, the following costs may apply:

• Application for Citizenship by Grant: NZD $470.20 (as of 2023) for a standard adult application. Fees for children under 16 are lower (NZD $235.10).
• Additional costs may apply for obtaining a New Zealand passport after citizenship is granted.

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Standard Procedures

If a child qualifies for citizenship by birth, no formal application is required. Citizenship is automatically conferred, and the child is considered a New Zealand citizen from birth. However, parents may need to provide proof of the child’s citizenship when applying for a passport or other official documents.

Steps to Obtain Proof of Citizenship

1. Birth Certificate: Register the child’s birth with the New Zealand Department of Internal Affairs (DIA). This is mandatory for all children born in New Zealand, regardless of their citizenship status.
   • A birth certificate can be obtained for a fee (NZD $33 for a standard certificate as of 2023).
2. Proof of Citizenship (if required): If proof of citizenship is needed (e.g., for a passport application), parents can request a Confirmation of Citizenship from the DIA. This may involve providing evidence of the parent’s citizenship or residency status at the time of the child’s birth.

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Country-Specific Considerations

1. Dual Citizenship: New Zealand allows dual or multiple citizenships. If the child is born to parents of different nationalities, they may acquire citizenship from the other parent’s country as well, depending on that country’s laws.
2. Children Born in New Zealand Waters or Airspace: A child born on a ship or aircraft registered in New Zealand is treated as if they were born in New Zealand. The same rules for citizenship by birth apply.
3. Statelessness: If a child born in New Zealand would otherwise be stateless (i.e., not acquire citizenship from any country), they may be eligible for New Zealand citizenship under special provisions of the Citizenship Act.
4. Adopted Children: Children adopted by New Zealand citizens may acquire citizenship through adoption, but this is a separate process governed by both the Citizenship Act and adoption laws.

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What Happens if the Child is Not a Citizen by Birth?

If a child born in New Zealand does not qualify for citizenship by birth, they may still be eligible for:

1. New Zealand Residency: Parents can apply for a visa or residency for the child, depending on their own immigration status.
2. Citizenship by Grant: The child can apply for citizenship by grant later in life, provided they meet the residency and other requirements. Generally, this requires the child to have lived in New Zealand for at least 5 years with permanent residency.

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Practical Tips for Parents

• Check Your Immigration Status: Ensure you understand your own immigration or citizenship status before the child is born, as this directly impacts the child’s eligibility for citizenship by birth.
• Register the Birth Promptly: All births in New Zealand must be registered within 2 months. This is a legal requirement and ensures the child has a birth certificate, which is essential for future applications.
• Seek Legal Advice if Unsure: If you are uncertain about your child’s citizenship status, consult an immigration lawyer or contact the Department of Internal Affairs for guidance.

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Contact Information

For further assistance, you can contact the New Zealand Department of Internal Affairs (DIA):

• Website: www.dia.govt.nz
• Citizenship Office Phone: +64 4 462 0651
• Email: [email protected]

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By understanding these regulations and procedures, you can ensure that your child’s citizenship status is clear and that you take the necessary steps to secure their rights and privileges in New Zealand.