Citizenship (Western Samoa) Act 1982

• Jurisdiction: New Zealand
• Citation: 1982 No 11
• Reference: 1982 No 11
• Record Number: DLM59015
• Act Number: 11
• Type of Document: Act

Contenidos

• Citizenship (Western Samoa) Act 1982
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Crown bound
• 4 Application
• 5 Certain person declared to be New Zealand citizen
• 6 Persons to whom this Act applies not New Zealand citizens
• 7 Grant of citizenship as of right in certain cases
• 8 Certain convictions quashed
• 9 Special provisions relating to parentage
• 10 Citizenship Act 1977 consequentially amended
• 11 Act in force in Tokelau
• 1 General
• 2 Status of reprints
• 3 How reprints are prepared
• 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
• 5 List of amendments incorporated in this reprint(most recent first)

Citizenship (Western Samoa) Act 1982

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Internal Affairs.

Preamble

An Act to implement the Protocol done at Apia on 21 August 1982 to the Treaty of Friendship between the Government of New Zealand and the Government of Western Samoa done at Apia on 1 August 1962, and to make provision relating to the New Zealand citizenship of certain persons born in Western Samoa before 1949 and others claiming by descent or marriage through such persons

Contents

1 Short Title and commencement

This Act may be cited as the Citizenship (Western Samoa) Act 1982.

This Act shall come into force on 15 September 1982.

2 Interpretation

In this Act the term New Zealand does not include the Cook Islands, Niue, or Tokelau.

3 Crown bound

This Act binds the Crown.

4 Application

Subject to subsections (2) and (3) but without limiting section 7(1)(a), this Act applies to—

every person—

1. who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and

2. who, immediately before 1 January 1949, was a British subject by virtue only of having been born in that country; and

2. every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (a) applies; and

every person—

1. who is the descendant of a person who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and

2. who was born before 1 January 1949; and

3. who was a British subject immediately before 1 January 1949; and

4. every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (c) applies; and

every person—

1. who is the descendant of any person to whom any 1 or more of paragraphs (a) to (d) applies; and

2. who was or is born on or after 1 January 1949.

This Act does not apply to any person who is a New Zealand citizen otherwise than by virtue only of being a person to whom any 1 or more of paragraphs (a) to (e) of subsection (1) applies.

This Act, except section 8, does not apply to any person to whom a New Zealand passport has been properly issued before the commencement of this Act in accordance with the Passports Act 1980.

5 Certain person declared to be New Zealand citizen

Falema'i Lesa of Wellington (being the petitioner in the case of Lesa v The Attorney-General of New Zealand, argued before the Judicial Committee of the Privy Council in London in July 1982) is hereby declared to be a New Zealand citizen otherwise than by descent.

6 Persons to whom this Act applies not New Zealand citizens

Notwithstanding anything in the Citizenship Act 1977 or in any other enactment but subject to section 5 of this Act, every person to whom this Act applies shall be deemed never to have been a New Zealand citizen, and no such person shall be a New Zealand citizen unless the Minister of Internal Affairs authorises the grant of such citizenship to that person under section 7 of this Act or any of sections 8 to 10 of the Citizenship Act 1977.

7 Grant of citizenship as of right in certain cases

Notwithstanding anything in section 8 or section 9 of the Citizenship Act 1977, the Minister of Internal Affairs shall, upon application made to him, immediately authorise the grant of New Zealand citizenship to any person who proves to the satisfaction of the Minister—

1. that he is a citizen of Western Samoa or a person to whom this Act applies; and

that he—

1. was in New Zealand at any time on the day before the date of the commencement of this Act; or

2. has lawfully entered New Zealand after the commencement of this Act and is entitled, in terms of the Immigration Act 2009 , to be in New Zealand indefinitely.

Sections 4A, 11, 12, 24, 27, and 28 of the Citizenship Act 1977, and any regulations made under that Act, shall apply with any necessary modifications in respect of an application under subsection (1) of this section as if it were an application under section 10 of that Act.

Section 7(1)(b)(ii): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 7(1)(b)(ii): amended, on 1 November 1987, by section 151(1) of the Immigration Act 1987 (1987 No 74).

Section 7(2): amended, on 17 December 1985, by section 2 of the Citizenship (Western Samoa) Amendment Act 1985 (1985 No 170).

8 Certain convictions quashed

Where any person to whom this Act applies has been convicted, at any time before the commencement of this Act, of an offence against section 5(1)(a) of the Immigration Act 1964 or any of the provisions of Part 2 (except section 19A) of that Act, or any corresponding former enactment, that conviction is hereby quashed.

No person to whom this Act applies shall be deemed to be a person to whom section 15 of the Immigration Act 2009 applies merely because he has been deported from New Zealand consequent upon his conviction of any offence to which subsection (1) of this section applies.

Without limiting or affecting any privilege, immunity, defence, or justification conferred by any other enactment or rule of law, no person shall be guilty of an offence or liable to any civil proceeding by reason of anything done in good faith to or in respect of any person to whom this Act applies in relation to or arising out of any matter referred to in subsection (1).

Section 8(2): amended, at 2 am on 29 November...