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 hi ...

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 The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...

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 ...

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 The ''Canadian Citizenship Act'' (french: Loi sur la citoyenneté canadienne) was a statute passed by the Parliament of Canada in 1946 which created the legal status of Canadian citizenship. The Act defined who were Canadian citizens, separat ...

, 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 of New Zealand, history, to the political constitution of the state, and to the national mythos of New Zealand. It has played a major role in ...

is an agreement signed between representatives of the

British Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...

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

Pacific Islands

In the case of '' Lesa v Attorney-General of New Zealand'' the

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 Aug ...

, 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.

Repeal

The Act was repealed by the

Citizenship Act 1977 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 ...

References

Bibliography

* * * {{refend New Zealand nationality law Immigration to New Zealand New Zealand and the Commonwealth of Nations Foreign relations of New Zealand Repealed New Zealand legislation