The British Nationality and New Zealand Citizenship Act 1948 (Public Act no. 15 of 1948) was an Act of the
New Zealand Parliament
The New Zealand Parliament ( mi, Pāremata Aotearoa) is the unicameral legislature of New Zealand, consisting of the King of New Zealand ( King-in-Parliament) and the New Zealand House of Representatives. The King is usually represented by h ...
passed into law in 1948 establishing
New Zealand citizenship
New Zealand nationality law details the conditions by which a person holds New Zealand nationality. The primary law governing nationality requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to t ...
for New Zealanders, separate from their previous status as British subjects.
Background
The
Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
was the first
British Commonwealth
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
country to create its own citizenship law, under the
Irish Free State constitution
The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,Canadian Citizenship Act, establishing separate Canadian citizenship from 1947. The issue was debated at a Commonwealth conference on nationality and citizenship in 1947, where it was decided that each Commonwealth member would pass its own citizenship law.
In 1947 New Zealand's parliament passed the
Statute of Westminster Adoption Act 1947
The Statute of Westminster Adoption Act 1947 (Public Act no. 38 of 1947) was a constitutional Act of the New Zealand Parliament that formally accepted the full external autonomy offered by the British Parliament. By passing the Act on 25 November ...
. By doing so it gained the ability to create New Zealand citizenship and issue passports without the approval of the British Government. The impetus for New Zealand to pass the Act was Britain's parliament passing the
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...
in July 1948, commencing from 1 January 1949. That Act created
Commonwealth citizen
A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizen ...
s as a replacement for the legal status of "British subjects".
Debate
The Bill was read in the Legislative Council, the then upper house of New Zealand's parliament, on 1 September 1948. The Bill was passed into law on 6 September.
The Act came into force on 1 January 1949.
Treaty of Waitangi
The
Treaty of Waitangi
The Treaty of Waitangi ( mi, Te Tiriti o Waitangi) is a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand. It has played a major role in the treatment of the M ...
is an agreement signed between representatives of the
British Crown
The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...
and Māori in 1840. Article three of the English language version of the Treaty states that Māori are granted all the rights and privileges of British subjects.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, then the highest court of appeal in New Zealand, ruled that Samoans born between 1924 and 1948 were British subjects, and following the passing of the Act in 1948, they and their descendants became New Zealand citizens from 1 January 1949.