• “(4) Despite subsection (3)(a) and (b),—

  • “(a) a person born on a ship (whether registered or unregistered) within the territorial waters of New Zealand or aboard an aircraft (whether registered or unregistered) in the airspace within the territorial limits of New Zealand is to be treated as having been born in New Zealand; and

  • “(b) a person born on a ship (whether registered or unregistered) within the territorial waters of the Cook Islands, Niue, or Tokelau or aboard an aircraft (whether registered or unregistered) in the airspace within the territorial limits of the Cook Islands, Niue, or Tokelau (as the case may be) is to be treated as having been born in the Cook Islands, Niue, or Tokelau (as the case may be).”

• “(3) For the purposes of this section, the Secretary may issue a certificate in the prescribed form stating a person's status under this section and, in the absence of evidence to the contrary, a certificate to that effect is sufficient evidence of the matters stated in the certificate.”

“7A Citizenship by descent if mother New Zealand citizen otherwise than by descent

• “(1) Every person born outside New Zealand before 1 January 1970 may register as a New Zealand citizen by descent if, at the time of the person's birth, the person's mother was a New Zealand citizen otherwise than by descent.

  “(2) A person who wishes to register as a New Zealand citizen by descent under subsection (1) may do so in accordance with regulations made under this Act.

  “(3) A person who is registered under this section must be treated as a New Zealand citizen from the date of registration.

  “(4) For the purposes of this section, the Secretary may issue a certificate in the prescribed form stating a person's status under this section and, in the absence of evidence to the contrary, a certificate to that effect is sufficient evidence of the matters stated in the certificate.

  “(5) This section does not apply to a person who has—

  • “(a) renounced his or her New Zealand citizenship under section 15; or

  • “(b) previously been deprived of New Zealand citizenship by order under section 16 or 17.”

“8 Citizenship by grant

• “(1) The Minister may authorise the grant of New Zealand citizenship to any person, including a person who may be a New Zealand citizen by descent, who—

  • “(a) has attained the age of 16 years; and

  • “(b) is of full capacity; and

  • “(c) applies for citizenship in the prescribed manner; and

  • “(d) satisfies the Minister that he or she is entitled in terms of the Immigration Act 1987 to reside in New Zealand indefinitely; and

  • “(e) satisfies the Minister that he or she meets the requirements relating to presence in New Zealand specified in section 8A; and

  • “(f) satisfies the Minister that he or she is of good character; and

  • “(g) satisfies the Minister that he or she has sufficient knowledge of the responsibilities and privileges attaching to New Zealand citizenship; and

  • “(h) satisfies the Minister that he or she has sufficient knowledge of the English language; and

  • “(i) satisfies the Minister that he or she intends, if granted New Zealand citizenship, to continue to reside in New Zealand.

  “(2) Subsection (1)(e) is subject to sections 8B and 8C.

“8A Requirements relating to presence in New Zealand

• “(1) The requirements relating to presence in New Zealand referred to in section 8(1)(e) are as follows:

  • “(a) unless paragraph (b) applies, the applicant must have been—

    • “(i) present in New Zealand for a minimum of 1 350 days during the 5 years immediately before the date of the application for citizenship and for at least 240 days in each of those 5 years; and

    • “(ii) entitled to be in New Zealand indefinitely during each of those 1 350 days and 240 days:

  • “(b) if the applicant is a member of the regular forces, the applicant must have been—

    • “(i) present in New Zealand for a minimum of 540 days during the 2 years immediately before the date of the application; and

    • “(ii) entitled to be in New Zealand indefinitely during each of those 540 days; and

    • “(iii) a member of the regular forces during each of those 540 days.

  “(2) If the Minister is satisfied in a particular case that there are exceptional circumstances particular to the applicant that justify it, the Minister may accept the presence of the applicant in New Zealand for a lesser number of days as being sufficient compliance with subsection (1), as long as the applicant was—

  • “(a) present in New Zealand for not less than 450 days during the 20-month period immediately before the date of the application; and

  • “(b) entitled to be in New Zealand indefinitely during each of those 450 days.

  “(3) In this section, regular forces has the same meaning as in section 2(1) of the Defence Act 1990.

“8B Presence requirement for applicants present in Cook Islands, Niue, or Tokelau

• The Minister may, after consultation with the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Immigration Act 1987, treat an applicant as having been present in New Zealand for any period within the relevant periods specified in section 8A(1)(a) or (2) if, immediately before the date of the application for citizenship,—

  • “(a) the applicant was present in the Cook Islands, Niue, or Tokelau; and

  • “(b) the applicant was entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau; and

  • “(c) the basis on which the applicant received the entitlement to reside indefinitely in the Cook Islands, Niue, or Tokelau was not contrary to the interests of New Zealand.

“8C Presence requirements for applicants in, or accompanying person in, Crown service or public service

• “(1) The Minister may treat an applicant as having been present in New Zealand or in the Cook Islands, Niue, or Tokelau (as the case may be) for any period within the relevant periods specified in section 8A if, immediately before the date of the application for citizenship,—

  • “(a) the applicant was outside New Zealand in Crown service under the New Zealand Government or outside the Cook Islands, Niue, or Tokelau (as the case may be) serving in the public service of the Government of the Cook Islands, Niue, or Tokelau; or

  • “(b) the applicant was outside New Zealand or the Cook Islands, Niue, or Tokelau (as the case may be) because the applicant was accompanying a person specified in subsection (2) who is—

    • “(i) a New Zealand citizen in Crown service under the New Zealand Government; or

    • “(ii) a New Zealand citizen serving in the public service of the Government of the Cook Islands, Niue, or Tokelau.

  “(2) The persons are—

  • “(a) the applicant's spouse:

  • “(b) the applicant's civil union or de facto partner:

  • “(c) the applicant's parent.

“8D Further provisions relating to entitlement to reside in New Zealand indefinitely

• “(1) For the purposes of section 8(1)(d), a person will not be treated as entitled to be in New Zealand indefinitely if—

  • “(a) requirements have been imposed under the Immigration Act 1987 on the person's entitlement to reside in New Zealand indefinitely; and

  • “(b) those requirements have not been met in full or cancelled at the time of the person's application for citizenship.

  “(2) The Minister may, after consultation with the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Immigration Act 1987, waive the requirement in section 8(1)(d) relating to the entitlement to reside in New Zealand indefinitely if the Minister is satisfied that an applicant is entitled to reside indefinitely in the Cook Islands, Niue, or Tokelau.

“8E Minister may waive knowledge of English language requirement

• The Minister may waive the requirement in section 8(1)(h) if the Minister is satisfied in a particular case that, because of the applicant's age or standard of education, or for any other reason personal to the applicant, the applicant would suffer undue hardship if compliance with the requirement of that provision were insisted upon.

“8F Further provisions relating to continuing intention to reside in New Zealand

• “(1) For the purposes of section 8(1)(i), the intention to continue to reside in New Zealand must be a continuing intention throughout the period from the date of application for citizenship until the date on which the applicant becomes a citizen under section 12.

  “(2) The Minister may treat an applicant as intending to continue to reside in New Zealand if the applicant—

  • “(a) intends to enter into or continue in—

    • “(i) Crown service under the New Zealand Government; or

    • “(ii) service under an international organisation of which the New Zealand Government is a member; or

    • “(iii) service in the employment of a person, company, society, or other body of persons resident or established in New Zealand; or

  • “(b) intends to accompany a person specified in subsection (3) who is—

    • “(i) a New Zealand citizen in Crown service under the New Zealand Government; or

    • “(ii) a New Zealand citizen in service under an international organisation of which the New Zealand Government is a member; or

    • “(iii) a New Zealand citizen serving in the public service of the Government of the Cook Islands, Niue, or Tokelau.

  “(3) The persons are—

  • “(a) the applicant's spouse:

  • “(b) the applicant's civil union or de facto partner:

  • “(c) the applicant's parent.”

• “(a) may have regard to any of the requirements of section 8(1)(d) to (i) (as subject to sections 8B to 8F) as the Minister thinks fit; and”.

• “(c) within the preceding 3 years, the person was convicted of an offence punishable by imprisonment for a term of 3 months or more but did not receive a sentence of imprisonment.”

• “(1A) The oath or affirmation required by subsection (1) must be taken in an official language of New Zealand.”

• “(1) A New Zealand citizen who has attained the age of 18 years and who is of full capacity may, at any time, make a declaration of renunciation of his or her New Zealand citizenship in the prescribed manner if—

  • “(a) he or she is recognised by the law of another country as a citizen of that country; or

  • “(b) being a New Zealand citizen prevents the person from becoming a citizen of another country and on renunciation of the person's New Zealand citizenship he or she will, as soon as practicable, become a citizen of that other country.

• “(1A) The Minister may waive either or both of the requirements in subsection (1) for the person to have attained the age of 18 years and to be of full capacity before the person may make a declaration of renunciation under that subsection if the Minister is satisfied that—

  • “(a) it is in the best interests of the person to do so; and

  • “(b) subsection (1)(a) or (b) apply.”

• “(2) Subject to section 19, the Minister may, by order, deprive a New Zealand citizen to whom this section applies of his or her New Zealand citizenship if—

  • “(a) the Minister is satisfied that the registration, naturalisation, grant, or any grant requirement was procured by—

    • “(i) fraud, false representation, or wilful concealment of relevant information:

    • “(ii) mistake; or

  • “(b) the person has committed an offence (whether in New Zealand or overseas) before acquiring New Zealand citizenship but was convicted and received a sentence of imprisonment (whether in New Zealand or overseas) in relation to that offence after the person acquired New Zealand citizenship.

• “(2A) Subsection (2)(b) does not apply to a New Zealand citizen who has been granted citizenship under the Citizenship (Western Samoa) Act 1982.”

“20A Certificates relating to New Zealand citizenship or citizenship status must be returned to Secretary

• “(1) A person to whom a certificate has been issued under section 7(3), 7A(4), 12, or 21 must, as soon as is practicable, return that certificate to the Secretary if the person has—

  • “(a) had a declaration of renunciation of his or her New Zealand citizenship registered under section 15(2):

  • “(b) been deprived of his or her New Zealand citizenship by order made under section 16 or 17:

  • “(c) had his or her name removed by the Secretary from the register of citizenship by descent maintained by the Department of Internal Affairs under regulations made under this Act.

  “(2) Any other person who has a certificate referred to in subsection (1) in his or her possession or control must, as soon as practicable, return the certificate to the Secretary if any of the circumstances described in that subsection apply.”

• “(3) Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000, who, knowingly and without reasonable excuse, fails to return a certificate to the Secretary in contravention of section 20A.”