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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