“Alien” status under the Citizenship Act
Citizenship Act 1977, s 2British Nationality and New Zealand Citizenship Act 1948 (repealed), s 3Commonwealth Countries Act 1977, s 2; Schedule 1Immigration Act 2009, ss 13-14
In practice, the most important distinction in New Zealand nationality law today is between those who hold New Zealand citizenship and those who do not. If you are not a New Zealand citizen, your right to be in New Zealand is determined under immigration law.
However, there is another way people are categorised in nationality law – whether or not you are an “alien”. In nationality and citizenship law, an “alien” essentially means someone who is foreign.
Under New Zealand citizenship law, you are not considered to be an alien if you are:
- a New Zealand citizen
- a Commonwealth citizen (British subject) – these two terms have historically been defined as having the same meaning in New Zealand citizenship law and refer to people who are nationals or citizens of a Commonwealth country. Countries that are considered Commonwealth countries in New Zealand law are defined in the Commonwealth Countries Act 1977 (and this definition includes New Zealand).
- an Irish citizen
- a British protected person
What are the practical effects of being an alien?
Citizenship Act 1977, ss 6(2), 23Human Rights Act 1993, a 153(3)
In practice today, if you aren’t a New Zealand citizen, you are unlikely to notice any real difference in your rights on the basis of whether you are an alien or not. The only differences under citizenship law are that:
- aliens are subject to some exemptions from the entitlement of all people to take, acquire, hold, and dispose of property in the same in manner as a New Zealand citizen
- children of “enemy aliens” are not entitled to citizenship by birth in some circumstances.
Most of the rights that were, in the past, linked with not being an alien have since either been limited to New Zealand citizens or extended to all who have New Zealand residency.
The Human Rights Act 1993 contains a provision that allows laws, policies and administrative practices of the New Zealand government that distinguish between:
- New Zealand citizens and those who are not New Zealand citizens, or
- British subjects or Commonwealth citizens and aliens.
