Page:Re Canavan.pdf/55

Kiefel CJ

Bell J

Gageler J

Keane J

Nettle J

Gordon J

Edelman J

108 On 10 August 2017, Mr Joyce MP met with the New Zealand High Commissioner, who conveyed to him that in the eyes of the New Zealand government he was a citizen of New Zealand by descent. On 12 August 2017, Mr Joyce MP received a memorandum of advice from Mr David Goddard QC, of the New Zealand bar, confirming that under New Zealand law Mr Joyce MP was a citizen of New Zealand by descent. On that day, Mr Joyce MP attended the New Zealand High Commission and completed a declaration of renunciation of New Zealand citizenship.

109 Mr Goddard's advice concerning New Zealand citizenship law as it applies to Mr Joyce MP is part of the evidence on the reference. So, too, is the opinion of Mr Francis Cooke QC, also of the New Zealand bar, who was retained by the solicitors acting for Mr Windsor. Mr Goddard and Mr Cooke are agreed with respect to Mr Joyce MP's status as a citizen of New Zealand from birth until he renounced his citizenship. In summary, the status of "New Zealand citizen" was first provided under the 1948 NZ Act. Relevantly, persons who were British subjects immediately before its commencement and who were born in New Zealand became New Zealand citizens by birth under the 1948 NZ Act. Mr Joyce MP became a New Zealand citizen by descent by virtue of s 7 of the 1948 NZ Act, which provided that a person born after its commencement is a New Zealand citizen by descent if his father was a New Zealand citizen at the time of his birth. Mr Joyce MP's acquisition of New Zealand citizenship by descent did not depend upon registration or other formality.

110 Mr Joyce Snr's renunciation of his New Zealand citizenship in 1978 operated with prospective effect only and did not affect his son's status as a New Zealand citizen. That status could only be lost by renunciation or, in limited circumstances, by ministerial order. Mr Cooke's report describes the main rights enjoyed by New Zealand citizens under New Zealand law, including to enter and live in New Zealand and to hold a New Zealand passport. He also notes that New Zealand citizens living outside New Zealand are amenable to certain of the offences for which the Crimes Act 1961 (NZ) provides.

111 At the date of his nomination Mr Joyce MP was incapable of being chosen or sitting as a member of the House of Representatives because he was a citizen of New Zealand; and so the place of the member for New England in the House of Representatives is vacant.