Text of Naturalization Act




THE NEW ZEALAND GAZETTE.

The declarations are to be made in triplicate; one
copy to be delivered to the declarant, one to be
retained in some official department of the Colonial
Government, and the third to be forwarded to this
department for registration by the Home Office.
The persons before whom these declarations may be
taken are pointed out in the 3rd section of the
Imperial Act.

I also enclose a Form of Certificate of Readmission
to British Nationality, provided by me under the
same section of the Act.

On this subject I call your attention to the pro-
visions of the 8th section of 33 Vict., cap. 14; and I
have to desire that every certificate may be made in
triplicate, and the copies dealt with as in the case of
declarations made under this Act.

It will rest with the local Legislature to determine
what fees, if any, should be taken in the Colony
under your Government; but I transmit, for your
information, a copy of the Table of Fees which has
been settled for the United Kingdom.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

Enclosure 1.
CHAP. 14.

An Act to amend the Law relating to the Legal
Condition of Aliens and British Subjects.
[12th May, 1870.

WHEREAS it is expedient to amend the law relating
to the legal condition of aliens and British subjects:
Be it enacted by the Queen's Most Excellent Ma-
jesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority
of the same, as follows:—

  1. This Act may be cited for all purposes as "The
    Naturalization Act, 1870."

Status of Aliens in the United Kingdom.

  1. Real and personal property of every description
    may be taken, acquired, held, and disposed of by an
    alien in the same manner in all respects as by a
    natural-born British subject; and a title to real and
    personal property of every description may be derived
    through, from, or in succession to an alien, in the
    same manner in all respects as through, from, or in
    succession to a natural-born British subject: Pro-
    vided—

(1.) That this section shall not confer any right
on an alien to hold real property situate out
of the United Kingdom, and shall not qualify
an alien for any office or for any municipal,
parliamentary, or other franchise:

(2.) That this section shall not entitle an alien
to any right or privilege as a British subject,
except such rights and privileges in respect of
property as are hereby expressly given to
him:

(3.) That this section shall not affect any estate
or interest in real or personal property to
which any person has or may become entitled,
either mediately or immediately, in possession
or expectancy, in pursuance of any disposition
made before the passing of this Act, or in
pursuance of any devolution by law on the
death of any person dying before the passing
of this Act.

  1. Where Her Majesty has entered into a con-
    vention with any foreign State to the effect that the
    subjects or citizens of that State who have been
    naturalized as British subjects may divest themselves
    of their status as such subjects, it shall be lawful for
    Her Majesty, by Order in Council, to declare that
    198
    such convention has been entered into by Her
    Majesty; and from and after the date of such Order
    in Council, any person being originally a subject or
    citizen of the State referred to in such Order, who
    has been naturalized as a British subject, may, within
    such limit of time as may be provided in the conven-
    tion, make a declaration of alienage, and from and
    after the date of his so making such declaration such
    person shall be regarded as an alien, and as a subject
    of the State to which he originally belonged as afore-
    said.

A declaration of alienage may be made as follows;
that is to say, If the declarant be in the United
Kingdom, in the presence of any Justice of the Peace.
If elsewhere in Her Majesty's dominions, in the
presence of any Judge of any court of civil or criminal
jurisdiction, of any Justice of the Peace, or of any
other officer for the time being authorized by law in the
place in which the declarant is to administer an oath
for any judicial or other legal purpose. If out of
Her Majesty's dominions, in the presence of any
officer in the diplomatic or consular service of Her
Majesty.

  1. Any person who by reason of his having been
    born within the dominions of Her Majesty is a
    natural-born subject, but who also at the time of his
    birth became under the law of any foreign State a
    subject of such State, and is still such subject, may,
    if of full age and not under any disability, make a
    declaration of alienage in manner aforesaid, and from
    and after the making of such declaration of alienage
    such person shall cease to be a British subject. Any
    person who is born out of Her Majesty's dominions
    of a father being a British subject may, if of full age,
    and not under any disability, make a declaration of
    alienage in manner aforesaid, and from and after the
    making of such declaration shall cease to be a British
    subject.

  2. From and after the passing of this Act, an alien
    shall not be entitled to be tried by a jury de medietate
    linguæ, but shall be triable in the same manner as if
    he were a natural-born subject.

Expatriation.

  1. Any British subject who has at any time before,
    or may at any time after the passing of this Act,
    when in any foreign State and not under any dis-
    ability, voluntarily become naturalized in such State,
    shall from and after the time of his so having become
    naturalized in such foreign State, be deemed to have
    ceased to be a British subject, and be regarded as an
    alien: Provided—

(1.) That where any British subject has before
the passing of this Act voluntarily become
naturalized in a foreign State and yet is desir-
ous of remaining a British subject, he may,
at any time within two years after the passing
of this Act, make a declaration that he is
desirous of remaining a British subject, and
upon such declaration (hereinafter referred to
as a declaration of British nationality) being
made, and upon his taking the oath of alle-
giance, the declarant shall be deemed to be
and to have been continually a British sub-
ject; with this qualification, that he shall not,
when within the limits of the foreign State in
which he has been naturalized, be deemed to
be a British subject, unless he has ceased to
be a subject of that State in pursuance of the
laws thereof, or in pursuance of a treaty to
that effect:

(2.) A declaration of British nationality may be
made, and the oath of allegiance be taken, as
follows; that is to say, If the declarant be in
the United Kingdom, in the presence of a
Justice of the Peace. If elsewhere in Her



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 26





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🏛️ Implementation details and text of The Naturalization Act, 1870. (continued from previous page)

🏛️ Governance & Central Administration
2 February 1871
Naturalization Act 1870, Aliens, British Subjects, Declarations, Imperial Law, Property Rights
  • KIMBERLEY