SUB-REGIONAL OVERVIEW: THE PACIFIC SUB-REGIONAL OVERVIEW: THE PACIFIC as per the Immigration Act (2009), have 5 years of continuous residence prior to application, have good character, have knowledge of English language and intention to continue to reside in New Zealand.1653 There is no simplified or expedited procedure available for stateless persons. In many cases, stateless persons are unlikely to be eligible for this application due to the requirement of being able to indefinitely legally reside in New Zealand as per the Immigration Act (2009). publicly available and that the right to nationality is ensured for those who would otherwise be stateless in the country.1657 By ratifying the CRC, New Zealand is obligated to ensure that no child is left stateless in its territory1658. However, the lack of provisions safeguarding foundlings who are older than newborn but are not yet able to communicate information about their parents places them at risk of statelessness. Lack of legal safeguards against childhood statelessness Stateless persons born in New Zealand are entitled to citizenship at birth.1662 For older foundlings who are still unable to communicate identification information about their parents, there are currently limited discretionary safeguards as the legislation only includes provisions protecting newborn foundlings from statelessness.1663 FIGURE 4 Birth registration in New Zealand 100% Administrative barriers Dual citizenship Dual citizenship is permitted in New Zealand. There are no provisions in New Zealand’s national legislation which disallow dual or multiple citizenship. 1654 Population As of 2021, New Zealand has reported a 100% birth registration rate to UNICEF.1664 2021 Population Estimates: National Statistical Office of New Zealand Reported stateless persons Treaty ratification status New Zealand has continually reported zero stateless persons to UNHCR.1659 However, unlike many Pacific Island states that reported no or single-figure refugee populations, New Zealand reported over 2,500 refugees and asylum seekers to UNHCR in 2021.1660 It is possible that some of this refugee population is stateless,1661 however no mapping or statistics are available to confirm this. New Zealand has high rates of treaty ratification, being one of only three countries in the Pacific and one of five in the entire Asia Pacific to have ratified the 1961 Statelessness Convention. A 2013 review of the citizenship laws of New Zealand by UNHCR found that they align with the State’s obligations under the 1961 Convention.1655 The only relevant treaty body not yet ratified by New Zealand is the 1954 Convention relating to the Status of Stateless Persons. New Zealand has made no relevant reservations on the treaties it has ratified. In New Zealand’s 2019 UPR submission, it was recommended that the country accede to the 1954 Convention as well as fully implement the 1961 Convention.1656 New Zealand was also recommended to ensure that mapping studies and data collection on statelessness be Causes of Statelessness New Zealand’s citizenship laws largely align with international guidance on prevention and reduction of statelessness. Due to the limited research regarding statelessness in New Zealand, good-practice structure of citizenship laws and lack of strong stakeholder connections, causes of statelessness are unknown. TABLE 40 Ratification of International laws relating to statelessness by the countries the Pacific Country New Zealand ✅ ⛔ 146 Stateless 1 ⛔ Stateless 2 ✅ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ✅ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) REPORT 2024 147

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