Barnaby Joyce (New England, National Party, Leader of the Nationals) Share this | Link to this | Hansard source

Last Thursday afternoon the New Zealand High Commission contacted me to advise that, on the basis of preliminary advice from their Department of Internal Affairs, which had received inquiries from the New Zealand Labour Party, they considered that I may be a citizen by descent of New Zealand. Needless to say, I was shocked to receive this information. I've always been an Australian citizen, born in Tamworth, just as my mother and my grandmother were born there 100 years earlier. Neither I nor my parents have ever had any reason to believe that I may be a citizen of any other country. I was born in Australia in 1967 to an Australian mother, and I think I am fifth generation. 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. The concept of New Zealand and Australian citizenship 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.

The government has taken legal advice from the Solicitor-General. On the basis of the Solicitor-General's advice, the government is of the firm view that I would not be found to be disqualified by the operation of section 44(i) of the Constitution from serving as the member for New England. However, to provide clarification to this very important area of the law for this and future parliaments, I have asked the government to refer the matter, in accordance with section 376 of the Commonwealth Electoral Act, to the High Court, sitting as the Court of Disputed Returns. Given the strength of the legal advice the government has received, the Prime Minister has asked that I remain Deputy Prime Minister and continue my ministerial duties.