How people become New Zealand citizens
Citizenship by descent
Citizenship Act 1977, ss 7, 10
If either of your parents was New Zealand citizen (other than a citizen by descent or a citizen by grant under s 7A of the Citizenship (Western Samoa) Act 1982) at the time you were born, then you’re automatically a New Zealand citizen, regardless of where you are born, if you were born on or after 1 January 1978.
Before 1 January 1977, you could only become a citizen by descent if your father was a New Zealand citizen. If you were born before this date and your mother was a New Zealand citizen (otherwise than by descent) at the time of your birth, you can apply to be granted citizenship as of right.
New Zealand citizenship can generally only be passed on by descent for one generation – in other words, if you were born overseas to a New Zealand citizen by descent, you will usually will not be a New Zealand citizen unless your other parent is a New Zealand citizen by birth or grant.
However, there are some exceptions. For example, you will be a New Zealand citizen automatically if you are born overseas to a parent who is a New Zealand citizen by descent and you would otherwise be stateless (see note below).
If you born overseas to a New Zealand-citizen parent (including one who is a citizen by descent) serving overseas in the defence force or in a diplomatic, trade or public service role, you will generally be a New Zealand citizen by birth rather than a citizen by descent (and thus able to pass on New Zealand citizenship to children born overseas).
If you are a New Zealand citizen by descent and want to be certain that any future children will be New Zealand citizens, regardless of where they were born, you can apply for New Zealand citizenship by grant. However, you will generally need to meet the same requirements as a non-citizen applying for New Zealand citizenship, including meeting the residence requirements.
Registering as a citizen by descent
If you meet the requirements for citizenship by descent, you are a New Zealand citizen by force of law, regardless of whether you want to be or not. You do not apply for citizenship by descent.
In practice, though, to be able to get a New Zealand passport, you need to be registered as a New Zealand citizen. Depending on your age, registering as a citizen can be done by you or your parents. As part of the process, evidence needs to be provided that you are entitled to New Zealand citizenship. Further details can be found on the New Zealand Government website.
Working out whether you would otherwise be stateless
Determining whether you would be stateless if you weren’t a New Zealand citizen by birth or descent can be a complex process, often involving checking nationality and citizenship laws in multiple other countries.
Other countries’ citizenship laws can differ in multiple ways from New Zealand’s—for example, they may extend citizenship to all children born within their borders regardless of the parents’ migration status or allow for citizenship to be passed on over multiple generations (in which case, the citizenship or birthplace or your grandparents, great-grandparents or even earlier generation may be relevant).
In reading about other countries’ citizenship law, you may see the right to citizenship by descent referred to as jus sanguinis and the right to citizenship by birth in a country’s territory as jus soli.
