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raiderup

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14/08/17

16:24

Post #: 26486304
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Originally posted by frasier ↑

NZ government confirms Joyce a citizen

Updated: 3:30 pm, Monday, 14 August 2017

Deputy PM Barnaby Joyce has asked to be referred to the High Court over possible dual citizenship.
h

The New Zealand government has confirmed that Deputy Prime Minister Barnaby Joyce is a citizen of NZ, under the Citizenship Act of 1948.
Earlier, Mr Joyce asked the government to refer him to the High Court to examine possible dual New Zealand citizenship.
The New Zealand High Commission contacted the Nationals leader on Thursday afternoon to advise he may be a citizen by descent through his father.
'On the basis of preliminary advice from their department of internal affairs - which had received inquiries from the New Zealand Labor Party - they considered I may be a citizen by descent of New Zealand,' Mr Joyce said
New Zealand Prime Minister Bill English said it's clear Mr Joyce is a New Zealand citizen.
'Unwittingly or not he's a New Zealand citizen,' he said.
Then it's a matter for the Australian system to decide how Australian law applies in his case and how they deal with the issue.'
Under section 44 of the Australian Constitution, anyone who holds dual citizenship is ineligible to sit in parliament.
Mr Joyce on Monday said he was shocked to receive that information, adding he had been born in Australia and had always been an Australian.
The deputy prime minister is not on any list of New Zealand citizens but because his father was born there he is considered by the NZ government, in preliminary advice, to be a citizen.
The Nationals leader told parliament he was born in Tamworth in 1967 to an Australian mother and was fifth generation Australian.
'My father was born in New Zealand and came to Australia in 1947 as a British subject. In fact we were all British subjects at that time,' he said.
'The concept of New Zealand-Australian citizens was not created until 1948.
'Neither my parents nor I have ever applied to register me as a New Zealand citizen. The New Zealand government has no register recognising me as a New Zealand citizen.'
Prime Minister Malcolm Turnbull has asked his deputy to continue in his role based on the strength of the legal advice the government has received on Mr Joyce's status.
Labor has demanded the Turnbull government stand down Barnaby Joyce from the ministry and not accept his vote in parliament.
The solicitor-general has advised the government that Mr Joyce has a strong case as no application was made on his behalf to become a New Zealand citizen and he was born in Australia.
But in any case he asked the government to refer him to the High Court.
Opposition frontbencher Tony Burke told MPs the lower house was 'breaking new ground' by referring a government MP to the High Court to see whether the Nationals leader was validly elected.
Mr Burke suggested if the coalition had 'any level of principle' Mr Joyce would stand aside and the government wouldn't accept his vote.
According to the NZ government passport website: 'If you were born overseas and at least one of your parents is a New Zealand citizen by birth or grant, you are an NZ citizen by descent. To get yourself an NZ passport, you need to register your citizenship.'
If Mr Joyce is found to be ineligible, the government - which holds a one-seat majority in the lower house - would be forced into a by-election.
The High Court is now considering the futures of five MPs: Mr Joyce, Senator Canavan, former Greens Scott Ludlam and Larissa Waters and One Nation senator Malcolm Roberts.
With AAP

Expand

Who May Sit? An Examination of the
Parliamentary Disqualification Provisions
of the Commonwealth Constitution

https://www.aph.gov.au/binaries/senate/pubs/pops/pop36/kalokerinos.pdf

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