From 1840 until 1 January 1949 most people in New Zealand (including Maori) were British subjects/citizens. Non-British were ‘Aliens’. Those excluded from the state’s definition of citizenship were often seen as ‘suspect’, especially in wartime.
Through Naturalisation aliens could become citizens.
In 1947 New Zealand adopted the British Statute of Westminster (1931) and in 1948 passed a number of acts to institute New Zealand citizenship.
From 1 January 1949 people were designated either New Zealand citizens or ‘Aliens’, requiring either New Zealand passports or those of other countries.
In 1977 a review of citizenship and residency removed the term ‘alien’ from official use. Increasingly the focus has been on citizenship, or residency, or various other more temporary arrangements.
Maori were guaranteed British citizenship by the Treaty of Waitangi, and this was confirmed by the Native Rights Act 1865 (though the act was primarily concerned to bring Maori under British law).
Since New Zealand was from 1840 a British colony, British citizenship applied. Those who were not British were aliens and to become British citizens they needed to go through a process called naturalisation. The only uncertainty over citizenship came with people, not clearly British in ethnic origin, who were born in other British colonies or protectorates.
Apart from Chinese and other Asians migrating to New Zealand, there was little restriction on aliens or naturalisation before the First World War began in 1914. Wartime regulations began tighter control of aliens which continued until the Citizenship Act 1977 removed the term from official use, though it was not until 1986 that all people wishing to enter New Zealand did so as equals.
Passports are the official documents used to show citizenship when travelling.
Archives New Zealand holds few passport-related records useful to family historians since passport applications are normally destroyed. Those which survive are for well-known New Zealanders such as Walter Nash and Keith Holyoake [ACGO 8392 IA 69/2/8 & ACGO 8392 IA 69/2/9]. A file concerning the search for Jean Batten 1986-87 also includes her 1974 passport application [AAAC 6859 W4593/1].
There are other passport applications for notable politicians, sports players and their spouses in series 8333 (keyword search Passport Files).
A number of government departments were involved in the administration of naturalisation and aliens laws:
Access to Naturalisation files is restricted until 100 years after the birth of the person documented or 40 years after death, whichever is sooner. Permission to access restricted files is to be obtained from:
Director Citizenship NZ
PO Box 10 526
Access to most individual Alien files is restricted in some way: for 100 years from file closure, for 100 years from the birth of the person documented, or for 100 years from birth or 40 years from death, whichever is sooner. The inclusion of children may complicate matters. Permission to access restricted files is gained from the Chief Archivist, Archives New Zealand.
Naturalisation is the process by which a non-citizen becomes a citizen of a country. Most people in New Zealand were British citizens until 1948. Up to then naturalisation gave British citizenship. After the beginning of New Zealand citizenship in 1949, naturalisation gave New Zealand citizenship.
Archives New Zealand holds naturalisation records dating from the early 1840s. Later Naturalisation records, especially from 1939, are often closely linked to Alien records.
After New Zealand adopted the Statute of Westminster in 1947, it had to establish its own citizenship distinct from British citizenship. The British Nationality and New Zealand Citizenship Act and the Aliens Act, both 1948, allowed any alien, except Chinese, to become naturalised New Zealand citizens. The process was simpler for British citizens than for others.
From 1840 to 1866 there was little formal requirement for naturalisation except residence in New Zealand and an application for British citizenship.
An Internal Affairs Department register includes all naturalisations 1840-1866.
For 1840-1866, references in the register (column 9) are to application files 1844-1853 [eg: 1852/1057] or to statute 1858-1866 [eg: Act... or Vict...].
These naturalisations were made by ordinance 1844-1853 (Ordinances of the Legislative Council) and by Act of Parliament 1858-1866 (Statutes of New Zealand), both published.
Correspondence about these applications for naturalisation may be found in Colonial Secretary Records:
Additional information on applications can sometimes be found in correspondence registers
Published ordinances cover 361 naturalisations between 1844 and 1853. In published statutes families are often grouped. These records are available online via NZLII’s New Zealand Acts As Enacted database or at the National Library of New Zealand
The Aliens Act 1866 established a new procedure. Applicants submitted a ‘memorial’ or application for naturalisation, usually giving name, age, birthplace, residence, occupation and length of residence in New Zealand. The application was considered by government officials and ratified by the minister.
The Colonial Secretary/Department of Internal Affairs was responsible for naturalisation from 1866, and records for 1866-1913 are to be found in year/number format in the correspondence files of that department ACGO 8333 IA1 – fully listed on Archway
Year/number file references are found in Column 9 of:
Register of Persons Naturalised before 1949 [ACGO 8376 IA52 14/26] – digitised record available via Archway
It may be important to check variant spellings of a surname since many people altered the spelling of their names, or clerks made errors of transcription. Furthermore, the register is not always in strict alphabetical order.
The fee for naturalisation had been set at £1 (one pound), but this was reduced to 2/6 (two shillings and sixpence) by the Aliens Amendment Act 1882, except for Chinese. In 1892 the naturalisation fee was abolished, except for Chinese. They were not allowed to be naturalised 1908-1951.
The requirements for naturalisation tended to increase over time:
The filing systems of the Internal Affairs Department relating to naturalisation changed in 1913 and twice more in this period, though all naturalisations from this period should be recorded in:
Register of Persons Naturalised before 1949 [ACGO 8376 IA52 14/26] – digitised record available via Archway
Naturalisation virtually ceased in World War I. In some cases, under the Revocation of Naturalisation Act 1917, the citizenship rights of naturalised subjects were revoked or suspended. Later those rights might be restored under a new file number.
The Register of Aliens [AAAC 6159 W1566/1; REPRO 1658], compiled and published by the Department of Statistics in 1917, includes a substantial proportion of people who had previously been naturalised but who, as aliens in origin, were regarded as potentially suspect in wartime. Most did not lose citizenship.
Naturalisation after World War I required the same procedures as before, though in time requirements were tightened up. From 1928 applicants for naturalisation needed five years’ residence out of the previous eight, an official certificate of good repute, and to pass a test in English.
Filing systems changed twice more in the 1930s, but all naturalisations 1919-1948 should be recorded in:
Register of Persons Naturalised before 1949 [ACGO 8376 IA52 14/26] – digitised record available via Archway
Naturalisation virtually ceased in World War II and the government took powers to suspend or revoke earlier naturalisation as a means of controlling suspected ‘enemy aliens’.
See ‘Other Files relating to Naturalisation’ (page 4) for other references to naturalisation which include the period before World War II, as well as during and after the war [See ACGO 8333 IA1, record numbers starting 116, 117 & 118] – see staff for more assistance in locating these files.
After the war, naturalisation procedures continued as before 1939, until the major changes of 1947-1949.
The naturalisation of children and women 1924-1946:
Under the British Nationality and New Zealand Citizenship Act and the Aliens Act, both 1948, any alien, except Chinese, could become a naturalised New Zealand citizen. Naturalisation of Chinese people was not allowed from 1908 to 1951.
From 1 January 1949 when New Zealand citizenship was officially established, an ‘alien’ was defined as someone who was not a New Zealand citizen, and not British, British protected, or Irish.
Archives New Zealand offices hold copies of ‘Registers of Naturalisation’ (produced by the Internal Affairs Department), which are the main index to naturalisation files held in Wellington Office
When searching these registers it is important to check for variant spellings of a surname.
From 1938 to 1966 the Registers of Persons Naturalised (above) give references in the format: 115/number, though in the register many numbers do not have the prefix 115. The actual file reference is: IA 1 115/number (for example ACGO 8333 IA1 2333 115/1679).
Over the years 1966 & 1967 a new filing system for naturalisation files was phased in. From what was called Register 174 the files are held in a different series: ACGO 8375 IA51. These files have a different sort of numbering as well, so a file for a naturalisation in 1969 might be, for example, in the register as 186/181, with the actual file reference IA 51 R186/P1 (where R = Register and P = Page) on Archway as ACGO 8375 W3465 IA51 147 R186, P1-32
Other sub-series of files relating to naturalisation were also created from 1938 by the Internal Affairs Department, and they contain information about individuals, some from before 1938. Many can be found by name searches on Archway. To find sub series within series 8333 complete an Advanced Search on Archway Public. Under the records tab, more search fields appear. In the “Former Arch Ref” field enter IA1 and in the “Record #” field enter the sub series number e.g. 116 to see the files starting with that number
Duplicate copies of the actual Letters of Naturalisation or Certificates of Citizenship are held for the period 1867-1979 [IA 53 volumes 1-368]. These certificates, which include the name of the naturalised person and the date of naturalisation, are bound in books so they can not be photocopied.
An alien in New Zealand before 1914 was merely someone who did not have British citizenship. Apart from Chinese and to a lesser extent other Asians, there was, for many years, little restriction on aliens. They often contributed significantly to New Zealand life and many became naturalised British citizens.
However, large-scale international warfare, beginning with World War I in 1914, marked a change in attitudes towards aliens, and a change in status for many of them. ‘Enemy’ aliens were regarded with considerable suspicion in wartime. During World War I attention was focused most on people from Germany and Austria-Hungary, the main ‘enemy nations’.
Wartime regulations allowed aliens (non-citizens) to be detained or their activities monitored and restricted. The process of putting into effect various regulations and acts resulted in a considerable volume of records to do with both policy and action towards aliens.
Alien regulation was suspended in 1923, but re-imposed at the outbreak of World War II in 1939. Again, a variety of regulations, acts, and official bodies dealt with aliens and created many records. As in World War I some aliens were interned. The main focus was on people from Germany, Austria and Italy, as well as places conquered by Germany. There were very few Japanese in New Zealand.
After World War II the numbers of those who were aliens in New Zealand was initially increased by the creation of separate New Zealand citizenship on 1 January 1949. Registration of aliens was confirmed by the Aliens Act 1948 and continued until it was repealed by the Citizenship Act 1977.
After the outbreak of World War I, the government gazetted regulations which allowed aliens to be registered, supervised and detained. All aliens had to report to and register at the nearest police station and might be interned.
A variety of agencies collected records about aliens (& alien prisoners of war). Records were moved between government departments and some records overlap with or include items from earlier or other records. Some aliens ended up with more than one file.
An Alien Enemies Commission was established on 8 June 1915, first under the Department of Internal Affairs, and later Justice, to hear objections by aliens to their designated status (such as ‘disloyal’ or ‘enemy’ aliens) and to hear claims by aliens for exemption from internment. Many of the records listed below were under the control of the Alien Enemies Commission at some time.
This volume was compiled and published by the Department of Statistics in 1917.
Details recorded include: name, sex, age, conjugal condition (marital status), birthplace, years in New Zealand, allegiance (BN–British Naturalised, or F–Foreign), occupation, address, file number. The files themselves do not exist.
These files, which come from other series such as series (AAAB W291 449), are listed on Archway. They refer to those who were interned, either as aliens or as prisoners of war.
Most of the individuals originally listed in this series have been included in AAAB 482 W291 /1-70 and should be accessed through that series, using Archway (about 700 names listed). However, a few individual files remain listed in the original series.
In this series there are also more general files relating to aliens, which may mention individuals, such as:
A few general files and 58 files on specific aliens – cases investigated by the Alien Enemies Commission 1915-1918. Often the files on people consist mainly of police reports. Also held are copies of schedules of cases referred to the Alien Enemies Commission, with some notes about decisions. [AAAR 490]
These include both files on individuals investigated and more general files. The 586 files may be found through name searches on Archway.
These files were created by the Army Department and include both general and specific files. These files are found in AAYS 8638 sub series 59. To find sub series within series 8638, complete an Advanced Search on Archway. Under the records tab, more search fields appear. In the “Former Arch Ref” field enter AD1 and in the “Record #” field enter the sub series number e.g. 59 to see the files starting with that number
There are a few files referring to individuals, and others may have specific details on individuals, for example:
This is a Lands & Survey Department register which records name of applicant, date, nature of application, file number, and decision.
During the First World War there was some official doubt about the suitability of ‘Yugoslavs’ for the armed forces or Home Service. The parts of Europe they had come from, such as Dalmatia and Croatia, were within the Empire of Austria-Hungary, an enemy nation.
In December 1917 a scheme was begun to investigate, register and supervise ‘Jugo-Slavs’ (as it was often spelt), naturalised or not. John Cullen became Commissioner in charge of the Jugo-Slav Organisation Branch of the Defence Department.
The Branch records include: correspondence with private employers of Yugoslavs; correspondence on and profiles of Yugoslavs in Dargaville and elsewhere; correspondence about notices of service for Yugoslavs, by region. [AAAB 488]
Other relevant files were created by the Justice and Statistics Departments: R 100/40
On 24 June 1918 additional war regulations were gazetted which led to the creation of an Alien Service Branch of the Defence Department, which supplanted the Jugo-Slav Organisation Branch. The Alien Service Branch was given the power to direct all enemy aliens, whether naturalised or not, into employment specified by the government. Many enemy aliens had already been interned and the regulations were aimed at the Yugoslav community.
All Yugoslavs of military service age were registered and directed into employment in public works such as railway construction or drainage projects, or into work with other approved employers such as local bodies.
Some Army Department correspondence files 1918-1919 relate to the deployment of Yugoslav labour and the implementation of the additional war regulations. [AAYS 8702]
From the Registration of Aliens various lists of aliens were created late in First World War and after by the Census & Statistics Department. Access restrictions apply. Permission requests should be sent to: The Records Officer, Statistics New Zealand Po Box 2922 Wellington
Regulation of aliens ceased in 1923, but it was resumed under the Aliens Control Emergency Regulations 1939. All aliens over 16 years were required to register. This system of registration continued until 1948 (and a new system until 1977). Some people registered during the war were later re-registered under the new system in 1948 or later, and files of aliens in World War II may be found in post-war records.
Alien files and other records were created during World War II by various government departments/agencies. Most records are held in Wellington. Other offices hold a few local alien records.
In July 1940 an Aliens Tribunal was established to investigate whether aliens should be interned, and if so, at what stage of the war. Records include:
In October 1940 the Aliens Tribunal was replaced by regional Aliens Authorities, each a private individual, who were to classify all enemy and certain non-enemy aliens in their districts. The same month an Aliens Appeal Tribunal was established to hear appeals against Authorities’ decisions. Authorities were private individuals, so few records were archived.
By July 1942 some 4000 people were identified for internment if invasion occurred, but only about 180 aliens were interned, mostly on Somes Island (Matiu), though also in Pahiatua 1943-1944. Files are held for most aliens either registered or interned.
Some departmental records include information on individual aliens, internees and prisoners of war; others give context and background.
Files about aliens & foreign Prisoners of War and internment [AAYS 8638 AD1 sub series 336/1, 336/2 & 336/3]. This material includes a general file:
ACIE 8798 EA1 sub series 89 covers a range of topics
Registration of Aliens continued after the Second World War, initially under the same legislation and regulations as during the war.
In 1947 New Zealand adopted the Statute of Westminster (passed in the British Parliament in 1931) and in 1948 passed the ‘British Nationality and New Zealand Citizenship Act’ and the ‘Aliens Act’, to institute New Zealand citizenship. From 1 January 1949 people were designated either New Zealand citizens or ‘Aliens’, requiring either New Zealand passports or those of other countries.
Further changes to the registration of aliens were made by the ‘British Nationality and New Zealand Citizenship Amendment Act’ 1959.
The registration of aliens continued until the Citizenship Act 1977 when the term ‘alien’ was discarded and the focus placed on citizenship and residency.
Archives New Zealand in Wellington holds files for individuals required to register as aliens under the Aliens Act 1948. A separate sequence of files was transferred to the Auckland Regional Office in 2012. Both are found in series 504 R 100 birth [AAAC 504 for Wellington held files and BADW 504 for Auckland held files] Some individuals will have files in both offices.
A card index, in two series, of all those deemed alien 1949-1977, gives access to these alien files.
Although there were some constraints on Asians generally, the only people who were really restricted in terms of citizenship were the Chinese. Legal restrictions affected their migration to and from New Zealand, and their lives in this country from 1881 until 1986.
The main records relating to Chinese are Alien and Naturalisation files, and Immigration records from the Labour Department archives.
Many general records of interest to family historians, such as twentieth century immigration records [ADBO 16135 SS1], Notices of Intention to Marry [ADAQ 8937 BDM20], Probates and Coroners Reports, can also provide information on Chinese New Zealanders.
Chinese labourers first arrived in 1866, having been invited by the Otago provincial government to re-work the gold fields of southern New Zealand. They were not assisted immigrants, so there are usually no immigration records. Most Chinese then, and later, came to New Zealand via Australia.
In the 1870s, when strong anti-Chinese feeling first appeared in New Zealand, many were still living in Otago, but more than 1000 were also on the West Coast goldfields.
There were three other periods when Chinese were allowed into New Zealand in significant numbers: after World War I 1918-1920, at the beginning of World War II 1939-1940 as refugees, and for a few years after World War II 1948-1951, but otherwise restrictions remained. Many of those who came were ‘students’ or relatives of Chinese already living in New Zealand.
The poll tax was abolished in 1944 and in 1951 the government permitted the naturalisation of Chinese in New Zealand again. However, the number of Chinese immigrants remained relatively small – mostly chain migration of family members – and it was not until 1986 that the immigration status of Chinese and Europeans was made the same.
Some records were destroyed in the Hope Gibbons fire in 1952. The following existing records are specifically concerned with Chinese:
Labour Department records [ACGV Series 8836, 8837, 8838, 8839, 8840, 8841 8842 & 8843 (Former record groups L24 to 31)] can provide information on Chinese migration. Access may be restricted. The most useful series of records are:
The archives of the Department of Customs, Dunedin District Office, hold alien records which include many Chinese (and some others who were not British): Names can be found on Archway.
Wardens’ Court records also include information on Chinese in the goldfields.