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 () is the unicameral legislature of New Zealand, consisting of the Monarchy of New Zealand, Sovereign and the New Zealand House of Representatives. The King is usually represented by his Governor-General of New Zeal ...

passed into law in 1948 establishing New Zealand citizenship 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 (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...

was the first

British Commonwealth The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an international association of 56 member states, the vast majority of which are former territories of the British Empire The B ...

country to create its own citizenship law, under the Irish Free State constitution. In 1946, Canada passed the 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. 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 ( 11 & 12 Geo. 6. c. 56) 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" (C ...

in July 1948, commencing from 1 January 1949. That Act created

Commonwealth citizen A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but may grant limited citizenship rights ...

s as a replacement for the legal status of "British subjects".

Debate

The Bill was read in the

Legislative Council A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the Brit ...

, 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 (), sometimes referred to as ''Te Tiriti'', is a document of central importance to the history of New Zealand, Constitution of New Zealand, its constitution, and its national mythos. It has played a major role in the tr ...

is an agreement signed between representatives of the

British Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...

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 August ...

, 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.

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 1948 in New Zealand law