New Zealand nationality law

New Zealand nationality law (Raraunga Aotearoa in Māori) determines who is and who is not a New Zealand citizen. The status of New Zealand citizenship was created on 1 January 1949 by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date, New Zealanders were only British subjects and New Zealand had the same nationality legislation as the United Kingdom and other Commonwealth countries (see also British nationality law).

The 1948 legislation was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. This was substantially amended in 2005 by the Citizenship (Amendment) Act 2005, in force from 21 April 2005.

The Citizenship Office of the Department of Internal Affairs is in charge of processing applications and enquiries relating to New Zealand citizenship.

In the mid-19th century, all 'aliens' (i.e. non-British subjects) were able to enter and live freely in the British Queen’s dominions (including New Zealand), although their property rights were restricted. French and German settlers complained about their inability to acquire property in New Zealand, and so, from 1844, aliens in New Zealand were able to become ‘natural born subjects of Her Majesty [Queen Victoria]’ through proclamations by the governor (which would later be confirmed by ordinances).

On 1 January 1978, the Citizenship Act 1977 came into force. New Zealand passports no longer contained the status of 'British subject and New Zealand citizen', but instead only stated 'New Zealand citizen'. Foreign nationals who wanted to become New Zealand citizens were no longer naturalised, but rather received New Zealand citizenship by grant.

Māori were granted ‘all the Rights and Privileges of British Subjects’ under Article 3 of the Treaty of Waitangi in 1840. Their status as British subjects was re-affirmed by the Native Rights Act 1865. However, despite their legal status as British subjects, in practice, over the next century, Māori would be denied some of the privileges which white British subjects who moved to New Zealand from Britain enjoyed.

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