Barnaby Joyce is a New Zealand citizen, NZ PM confirms

Updated

New Zealand's Prime Minister has confirmed that "unwittingly or not", Barnaby Joyce is a citizen of the country because his father was born there.

Key points: Barnaby Joyce revealed "shock" over NZ citizenship doubts

NZ says as his father was born there, Joyce is automatically a citizen

High Court to rule on Joyce's eligibility for Parliament

The Deputy Prime Minister revealed on Monday morning that he was contacted by the New Zealand High Commission last Thursday and advised he "could be a citizen of New Zealand by descent".

Prime Minister Bill English said he was informed about Mr Joyce's case late last week and according to local law, he is a New Zealand citizen.

"It is a matter for the Australian system to decide how Australian law applies in his case and how they deal with this issue," he told reporters.

Analysis by Antony Green [In a 1992 ruling] the High Court said just because a country gives an Australian citizenship doesn't mean that Australia has to recognise it.



Out of that judgement came this view that if you've got a foreign citizenship, you must make all reasonable steps to get rid of it.



In that original case, Justice Deane spoke about the need for a candidate having to accept or acquiesce in having this foreign citizenship.



You would think that those words would come into play, particularly in this case.



That's why the Government is quite confident about Barnaby Joyce.



If the High Court says he's disqualified, probably 40 per cent to 50 per cent of Australians are disqualified from running for parliament.



How can you have adherence to a foreign power if you don't know you have it?



Clearly the Parliament is throwing a number of cases at the court in the hope the court will provide greater clarity on what is meant by Section 44(1).

Under New Zealand law, children born to New Zealand citizens automatically obtain citizenship. It does not have to be activated.

It will now be up to the High Court to decide whether Mr Joyce, in holding dual citizenship, has breached Section 44 of the constitution and is eligible to sit in Parliament.

Mr English appeared to have some sympathy for Mr Joyce, saying cases like his are "almost always accidental".

"No-one sets out to confuse the public with their citizenship," he said.

Labor demands Joyce stand aside

But with his Government's slim, one-seat majority in the House of Representatives potentially hanging in the balance, Mr Joyce's political opponents can smell blood.

Both the Greens — which have lost two senators over dual citizenship dramas — and the Labor Party have called on Mr Joyce to resign as Deputy Prime Minister until the High Court rules on his case.

"How on Earth can this Government have someone in the office of Deputy Prime Minister when they don't even know if he's meant to be a Member of Parliament?" Labor frontbencher Tony Burke asked.

He pointed out that Nationals senator Matt Canavan recently resigned from Cabinet after learning that he had unwittingly become an Italian dual citizen at the age of 25 when his mother registered him with Italian authorities.

However, Mr Joyce is refusing to stand down, saying the Government's lawyers were of the "firm view" that the High Court would not disqualify him because his New Zealand citizenship had been conferred on him without his knowledge.

Turnbull 'very confident' Joyce won't be disqualified

Prime Minister Malcolm Turnbull strongly defended his deputy during a rowdy Question Time, saying the Government was "very confident" of its legal advice and predicting the High Court will rule in Mr Joyce's favour.

"The leader of the National Party, the Deputy Prime Minister, is qualified to sit in this House and the High Court will so hold," he said.

In the face of Labor's assault Leader of the House Christopher Pyne warned the Opposition against "opening Pandora's Box".

He named four MPs whose citizenship could also be under a cloud — Susan Lamb, Tony Zappia, Justine Keay and Maria Vamvakinou.

Earlier, Opposition Leader Bill Shorten "politely declined" Mr Turnbull's suggestion of a joint referral to the High Court of any federal politicians "whose circumstances may raise questions under Section 44".

Labor's national secretary Noah Carroll also released a statement outlining the party's exhaustive vetting process, and said he was "confident every member of the Labor caucus has been properly elected".

Mr Joyce said he was "shocked" when he received the news from the New Zealand High Commission, adding: "I have always been an Australian citizen."

The National Party leader was born in Tamworth in New South Wales in 1967.

He said his father was born in New Zealand but moved to Australia in 1947 "as a British subject — in fact we were all British subjects at that time".

"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 an New Zealand citizen," Mr Joyce told Parliament.

Topics: joyce-barnaby, federal-government, australia, new-zealand

First posted</s>Sydney: Australian Deputy Prime Minister Barnaby Joyce`s political future was in doubt Monday after it emerged he may be a dual citizen, placing the conservative government`s slim Parliamentary majority at risk.

Australia does not allow dual citizens to sit in Parliament, meaning Joyce`s revelation that he possibly holds New Zealand citizenship has major implications for the government.

The obscure rule was little known until recently but several lawmakers have fallen victim to it in recent months, leaving Parliamentarians scrambling to clarify their ancestral ties.

"Needless to say, I was shocked to receive this information," Joyce told Parliament about the news he may be a dual citizen.

"I`ve always been an Australian citizen born in (regional city) Tamworth. Neither me or my parents had any reason to believe that I may be a citizen of any other country."

The dual citizenship crisis kicked off in July when the minor Greens party`s co-deputy leader Scott Ludlam resigned after revealing he had dual Australian-New Zealand citizenship.

The crisis soon claimed other victims, including Canadian-born Greens senator Larissa Waters and Resources Minister Matt Canavan, who left cabinet after finding his mother signed him up to Italian citizenship in his 20s.

Joyce said Monday he might have New Zealand citizenship, by descent, but did not quit cabinet or Parliament and instead referred his election to the High Court.

"The New Zealand High Commission contacted me to advise that on the basis of preliminary advice from the department of internal affairs... considered that I could be a citizen of New Zealand by descent," he said.

While Joyce — the leader of the Nationals party — is born in Australia, he told parliament his father was born in neighbouring New Zealand and moved to Australia in 1947.

The revelations could spark a crisis for Prime Minister Malcolm Turnbull`s Liberal-National coalition government, which won national elections last year with 76 seats in the House of Representatives — a narrow one-seat majority.

Turnbull on Monday wrote to Labor opposition leader Bill Shorten to ask if his party wanted to refer any MPs over their citizenship status to the High Court so all the cases could be considered as a bloc, The Australian newspaper reported.

Canavan and minor party One Nation`s Indian-born Malcolm Roberts have already had their elections referred to the court, with the judicial body to decide if they had taken reasonable steps to renounce their foreign allegiances.

Almost half of Australia`s 24-million-strong population is made up of people born overseas or who had at least one parent born overseas, last year`s census revealed. Indigenous people account for about three per cent of the population.</s>CANBERRA -- The second most senior politician in Australia is the latest to be caught up in the parliamentary citizenship scandal which has claimed the scalps of several senators and possibly several more.

Deputy Prime Minister and Nationals leader Barnaby Joyce has announced to parliament that the New Zealand High Commission informed him last Thursday, based on preliminary advice, that he may be a New Zealand citizen by reason of descent and he has now referred himself to the High Court.

If Joyce is a dual citizen he could be in breach of Section 44 of the Australian Constitution, making him ineligible to hold a seat in the House of Representatives. The Turnbull Government holds power with a paper thin one seat majority in the lower house.

"Needless to say, I was shocked about this," Joyce told parliament. "I've always been an Australian citizen born in Tamworth. Neither my or my parents 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'm fifth generation. My father was born in New Zealand, came to Australia in 1947 as a British subject. In fact, we were all British subjects at this time."

The Greens Larissa Waters and Scott Ludlam have resigned over dual citizenship, while Nationals senator Matt Canavan has stepped down from Cabinet and ministerial roles, but not resigned from the Senate, while his case is determined.

One Nation senator Malcolm Roberts has had a cloud over his citizenship and has been referred to the High Court. He hasn't helped his case by considerably shifting the explanation of his situation over the past few weeks.

When the Greens cases emerged, Prime Minister Malcolm Turnbull was quick to lambast the party for "extraordinary negligence" for allowing two senators to serve while ineligible. On Monday, Turnbull offered Opposition Leader Bill Shorten the "opportunity" to refer to the High Court any Labor MPs who may potentially have the same problems with the same section of the Constitution.

He said it is "manifestly in the national interest" that the High Court "clarifies the limits" of Section 44(i) of the Constitution.

"The Australian people must have confidence in our political system and resolving any uncertainty is vital," the Prime Minister wrote.

Citizenship rules in NZ state that if a parent is a NZ citizen at the time of a child's birth, then that child also holds NZ citizenship by descent. A person does not have to register the citizenship, it comes automatically at birth.

"The concept of New Zealand-Australian citizenship was not created until 1948," Joyce said.

"Neither my parents nor I had ever applied to register me as a New Zealand citizen. The New Zealand Government has no record of registering me as a New Zealand citizen."

Joyce cited legal advice from the Solicitor General that he has not breached the Constitution, but he has referred the matter to the High Court for determination.

He'll remain Deputy Prime Minister and is already covering the portfolios of Senator Canavan while his own dual citizenship status is sorted out by the High Court.

Labor's Anthony Albanese said it's for the Turnbull Government to decide whether Joyce should remain in his portfolios at this time or stand down.</s>Barnaby Joyce may be the next Australian politician forced to stand down because of dual citizenship.

The Deputy Prime Minister told the House of Representatives the New Zealand High Commission contacted him last Thursday to advise he may be a Kiwi citizen.

The 50-year-old said he was 'shocked' to receive the call but would stay in his position while the matter was referred to the High Court.

Mr Joyce would be the third Member of Parliament ousted over dual citizenship issues, after Greens senators Larissa Waters and Scott Ludlum.

If he is found to be ineligible, the Turnbull Government - which holds a one-seat majority in the lower house - would be forced into a by-election.

'I was born in Tamworth, just as my mother and my great-grandmother was born there 100 years earlier,' he told parliament on Monday morning.

'Neither I, nor my parents have ever had any reason to believe I may be a citizen of any other country.

'I was born in Australia in 1967 to an Australian mother and 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.

'Neither I nor my parents have ever applied to register me as a NZ citizen, and the NZ Government has no register recognising me as a NZ citizen.

Mr Joyce said government took legal advice from the solicitor-general and based on that was of the 'firm view' he would not be disqualified from serving under section 44(1) of the constitution.

'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 to the High Court,' he said.

'Given the strength of the legal advice the government has received, the Prime Minister has asked that I remain as Deputy Prime Minister and continue my ministerial duties.'

Mr Joyce's citizenship scare follows former Greens deputy leader Mr Ludlum resigning last month after discovering he 'forgot' to renounce his NZ citizenship.

He was swiftly followed by the other Greens co-leader Ms Waters, who still has a Canadian citizenship.

Less than two weeks later, Resources Minister Matt Canavan quit cabinet after it was revealed he may have dual Italian citizenship.

He blamed his mother for applying on his behalf without telling him, was staying in parliament while the High Court investigated.

One Nation senator Malcolm Roberts also faces the High Court over whether he was still a British citizen when he was elected last year, after party leader Pauline Hanson referred him herself.

Former PM Tony Abbott, who was born in Britain, produced a copy of his renunciation confirmation document to quiet rumours he too was a dual citizen.

Labor senator Sam Dastyari revealed he had to hire a team of lawyers and pay $25,000 to renounce his Iranian citizenship.

Just to be sure, he paid two Iranians to go into the embassy with his renunciation papers and take a selfie with his forms.

'It was difficult, expensive, lengthy and precarious for my family still living in Iran. Nonetheless the rules are the rules and I have met them to ensure I meet the requirements to be properly elected,' he said.</s>One day after news of his dual-citizenship dropped, Deputy Prime Minister Barnaby Joyce has now confirmed he is no longer a New Zealander.

The Nationals leader told Parliament on Tuesday he was given verbal confirmation his application to renounce his New Zealand citizenship was accepted.

Mr Joyce was sensationally outed as a New Zealand citizen on Monday, putting his political career in jeopardy.

Mr Joyce told Parliament he received verbal confirmation he was no longer a NZ citizen but still awaited official documentation.

NZ Prime Minister Bill English told a press conference Mr Joyce was automatically given citizenship via his father under a more than 50-year-old law.

The Deputy Prime Minister told the House of Representatives the New Zealand High Commission contacted him last Thursday to advise he may be a Kiwi citizen.

The 50-year-old said he was 'shocked' to receive the call but would stay in his position while the matter was referred to the High Court.

NZ Internal Affairs Minister Peter Dunne's office said under NZ law, a child born to a Kiwi parent - in this case Mr Joyce's father - is automatically given citizenship without needing to apply.

'Under our law, as we understand, and it has been confirmed by crown law - they have had a look at it - yes, he is,' it said.

This was because the concept of separate Australian and NZ citizenship wasn't formal until 1948 - a year after Mr Joyce was born.

'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,' the NZ citizenship website states.

Mr Dunne later told Sky News: 'The advice that I received was being checked by crown law. That was confirmed. At that point it was conveyed via the NZ high commissioner in Canberra to Mr Joyce directly.'

NZ Prime Minister Bill English then weighed in saying: 'Unwittingly or not he is a New Zealand citizen.'

'These things are almost always accidental. No one sets out to confuse the public with their citizenship.'

The High Court would still have to rule on whether the archaic law would make him ineligible under the Australian Constitution.

Labor frontbencher Tony Burke told parliament Mr Joyce should stand aside from the ministry and the government should not accept his vote.

'We've never before in this parliament... had to go to the High Court and say: 'Look, we're not really sure if there's a majority government in this country',' he said.

If he is found to be ineligible, the Turnbull Government - which holds a one-seat majority in the lower house - would be forced into a by-election.

Opposition leader Bill Shorten wasted no time bringing this up with his first point in Monday's Parliamentary Question Time.

'Can the Prime Minister confirm the Turnbull Government is the first government in Australian history to ask the High Court whether in fact it has a majority?' he said.

Prime Minister Malcolm Turnbull replied that the government was 'very confident' the High court would not rule Mr Joyce ineligible.

He blamed NZ for 'imposing foreign citizenship' on him without his knowledge.

That didn't stop Labor members from bleating like sheep whenever Mr Joyce got up to speak during Question Time.

Mr Joyce would be the third Member of Parliament ousted over dual citizenship issues, after Greens senators Larissa Waters and Scott Ludlum.

'I was born in Tamworth, just as my mother and my great-grandmother was born there 100 years earlier,' he told parliament.

'Neither I, nor my parents have ever had any reason to believe I may be a citizen of any other country.

'I was born in Australia in 1967 to an Australian mother and 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.

'Neither I nor my parents have ever applied to register me as a NZ citizen, and the NZ Government has no register recognising me as a NZ citizen.'

But Mr Joyce said government took legal advice from the solicitor-general and based on that was of the 'firm view' he would not be disqualified from serving under section 44(1) of the constitution.

'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 to the High Court,' he said.

'Given the strength of the legal advice the government has received, the Prime Minister has asked that I remain as Deputy Prime Minister and continue my ministerial duties.'

Mr Joyce's citizenship scare follows former Greens deputy leader Mr Ludlum resigning last month after discovering he 'forgot' to renounce his NZ citizenship.

He was swiftly followed by the other Greens co-leader Ms Waters, who still has a Canadian citizenship.

Less than two weeks later, Resources Minister Matt Canavan quit cabinet after it was revealed he may have dual Italian citizenship.

He blamed his mother for applying on his behalf without telling him, was staying in parliament while the High Court investigated.

One Nation senator Malcolm Roberts also faces the High Court over whether he was still a British citizen when he was elected last year, after party leader Pauline Hanson referred him herself.

Former PM Tony Abbott, who was born in Britain, produced a copy of his renunciation confirmation document to quiet rumours he too was a dual citizen.

Labor senator Sam Dastyari revealed he had to hire a team of lawyers and pay $25,000 to renounce his Iranian citizenship.

Just to be sure, he paid two Iranians to go into the embassy with his renunciation papers and take a selfie with his forms.

'It was difficult, expensive, lengthy and precarious for my family still living in Iran. Nonetheless the rules are the rules and I have met them to ensure I meet the requirements to be properly elected,' he said.</s>New Zealand's Prime Minister has confirmed that "unwittingly or not", Barnaby Joyce is a citizen of the country because his father was born there.

The Deputy Prime Minister revealed this morning that he was contacted by the New Zealand High Commission last Thursday and advised he "could be a citizen of New Zealand by descent" because his father was born there.

Prime Minister Bill English said he was informed about Mr Joyce's case late last week and that "unwitting or not" he is a New Zealand citizen.

"It is a matter for the Australian system to decide how Australian law applies in his case and how they deal with this issue," he told reporters.

Under New Zealand law, children born to New Zealand citizens automatically obtain citizenship. It does not have to be activated.

Mr Joyce has referred himself to the High Court, which will determine whether he has breached Section 44 of the constitution, which bans dual citizens from sitting in Parliament.

Mr English appeared to have some sympathy for Mr Joyce, saying cases like his are "almost always accidental".

"No-one sets out to confuse the public with their citizenship," he said.

But with his Government's slim, one-seat majority in the House of Representatives potentially at risk, Mr Joyce's political opponents can smell blood.

Both the Greens — which have lost two senators over dual citizenship dramas — and the Labor Party have called on Mr Joyce to resign as Deputy Prime Minister until the High Court rules on his case.

"How on Earth can this Government have someone in the office of Deputy Prime Minister when they don't even know if he's meant to be a Member of Parliament?" Labor frontbencher Tony Burke asked.

He pointed out that Nationals senator Matt Canavan recently resigned from Cabinet after learning that he had unwittingly become an Italian dual citizen at the age of 25 when his mother registered him with Italian authorities.

However, Mr Joyce is refusing to stand down, saying the Government's lawyers were of the "firm view" that the High Court would not disqualify him because his New Zealand citizenship had been conferred on him without his knowledge.

When Senator Canavan stood aside, it was Mr Joyce who took over his position as the minister for resources and northern Australia.

Prime Minister Malcolm Turnbull strongly defended his deputy during a rowdy Question Time, saying the Government was "very confident" of its legal advice.

"Based on advice from the Solicitor-General, the Government is the very confident the court will not find that the Member for New England is to be disqualified from the Parliament," he told Parliament.

Mr Joyce said he was "shocked" when he received the news from the New Zealand High Commission, adding: "I have always been an Australian citizen."

The National Party leader was born in Tamworth in New South Wales in 1967.

He said his father was born in New Zealand but moved to Australia in 1947 "as a British subject — in fact we were all British subjects at that time".

"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 an New Zealand citizen," Mr Joyce told Parliament.</s>Canberra: The government of Australia faces losing its Parliamentary majority after it was revealed the Deputy Prime Minister could be a citizen of New Zealand.

Barnaby Joyce, Deputy PM of Australia and an MP serving a rural electorate in New South Wales (NSW), on Monday referred himself to the country`s High Court after receiving advice he could hold a New Zealand-Australian dual citizenship, Xinhua news agency reported.

Under section 44(i) of the constitution, anyone who is a citizen of a country other than Australia is ineligible to be elected to Parliament.

If the High Court finds Joyce is ineligible to serve, he will be forced to resign from the lower house of Australian Parliament, leaving the government with 75 of 150 total seats.

Constitutional law experts on Tuesday said Joyce was in "difficulty" after New Zealand Prime Minister Bill English confirmed "unwittingly or not" Joyce was a citizen of New Zealand.

George Williams, a law expert from the University of NSW, said the only way Joyce could win in the High Court was if it applied a "generous interpretation" of the constitutional requirements.

"On the face of it, (Joyce) is disqualified," Williams said.

Antony Green, Australia`s leading election forecaster, said if he was disqualified, he could quickly renounce his New Zealand citizenship and run again in the New England by-election that would be called.

"You`d imagine the government would call that as quickly as possible after the court judgement, which would make it harder for anybody to run a campaign," Green said.

Joyce narrowly won the seat in the 2016 Australian election.

It was revealed on Tuesday the question over Joyce`s eligibility came about after members of the opposition Australian Labor Party asked members of New Zealand Labor to investigate whether Joyce would be a citizen due to his father being born in New Zealand.

"Clearly the Labor Party are involved in a conspiracy using a foreign government, in this case New Zealand, to try and bring down the Australian government," Chris Pyne, Australia`s Defence Industry Minister, said.

Pyne said the government would take action to refer any Labor MPs with questionable status to the High Court at the same time as Joyce.

"The Labor Party needs to produce the evidence or the government will obviously consider its options."</s>The internet is predictably having a field day with the news that Barnaby Joyce is a New Zealand citizen, with memes coming thick and fast.

NZ authorities confirmed the Australian Deputy Prime Minister was automatically granted citizenship because his father was a Kiwi.

Social media began by digging up a hilarious photo of Mr Joyce grinning from ear-to-ear while holding aloft a sheep at a campaign photo op.

The obvious jokes about New Zealander's affection for sheep were made easier by his childhood on a sheep farm in Tamworth, NSW.

He was even headbutted in the knee by one while he handled it before a race on his property last year.

Numerous jokers inserted him into the famous 'beached as, bro' internet cartoon, superimposing Mr Joyce's head on to the New Zealand-accented whale.

Others referenced his notorious feud with actor Johnny Depp that started when the star and then-wife Amber Heard sneaked two dogs into Australia past quarantine.

Mr Joyce threatened to have the dog euthanised if they didn't leave and the couple were forced to make an apology video that doubled as a quarantine ad.

Many at the time remarked it looked like an ISIS-style forced confession and on Monday Depp's head was replaced with Mr Joyce's with the caption 'Australia is a wonderful island...'

Others showed cheerful clips of Depp as Captain Jack Sparrow to describe how the actor must be feeling about his nemesis' misfortune.

References to Kiwi fruit were also popular with one switching his head for one and another implying Mr Joyce hid them under his frequently-worn akubra.

A more user referenced the infamous 1981 'underarm incident' where Australia's Trevor Chappell bowled underarm in a cricket match against NZ so they couldn't hit a six to win off the last ball.

'Hey, Barnaby Joyce. This make you mad?' the Twitter user jokingly asked.

Another photoshopped picture showed Mr Joyce looking in horror at Frodo Baggins' Hobbit Hole from Lord of the Rings - shot in NZ - filled with kiwi fruit, All Blacks players, Russell Crowe, and pavlova.

Several people also noticed the uncanny resemblance Mr Joyce bore to famous NZ cartoon character Wal from Footrot Flats in a photo of him pairing his akubra with short shorts.

The saga began when Mr Joyce told the House of Representatives the New Zealand High Commission contacted him last Thursday to advise he may be a Kiwi citizen.

The 50-year-old said he was 'shocked' to receive the call but would stay in his position while the matter was referred to the High Court.

Mr Dunne's office said under NZ law, a child born to a Kiwi parent - in this case Mr Joyce's father - is automatically given citizenship without needing to apply.

'Under our law, as we understand, and it has been confirmed by crown law - they have had a look at it - yes, he is,' it said.

This was because the concept of separate Australian and NZ citizenship wasn't formal until 1948 - a year after Mr Joyce was born.

'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,' the NZ citizenship website states.

Mr Dunne later told Sky News: 'The advice that I received was being checked by crown law. That was confirmed. At that point it was conveyed via the NZ high commissioner in Canberra to Mr Joyce directly.'

NZ Prime Minister Bill English then weighed in saying: 'Unwittingly or not he is a New Zealand citizen.'

'These things are almost always accidental. No one sets out to confuse the public with their citizenship.'

The High Court would still have to rule on whether the archaic law would make him ineligible under the Australian Constitution.

Labor frontbencher Tony Burke told parliament Mr Joyce should stand aside from the ministry and the government should not accept his vote.

'We've never before in this parliament... had to go to the High Court and say: "Look, we're not really sure if there's a majority government in this country",' he said.

If he is found to be ineligible, the Turnbull Government - which holds a one-seat majority in the lower house - would be forced into a by-election.

Opposition leader Bill Shorten wasted no time bringing this up with his first point in Monday's Parliamentary Question Time.

'Can the Prime Minister confirm the Turnbull Government is the first government in Australian history to ask the High Court whether in fact it has a majority?' he said.

Prime Minister Malcolm Turnbull replied that the government was 'very confident' the High court would not rule Mr Joyce ineligible.

He blamed NZ for 'imposing foreign citizenship' on him without his knowledge.

That didn't stop Labor members from bleating like sheep whenever Mr Joyce got up to speak during Question Time.

Mr Joyce would be the third Member of Parliament ousted over dual citizenship issues, after Greens senators Larissa Waters and Scott Ludlum.

'I was born in Tamworth, just as my mother and my great-grandmother was born there 100 years earlier,' he told parliament.

'Neither I, nor my parents have ever had any reason to believe I may be a citizen of any other country.

'I was born in Australia in 1967 to an Australian mother and 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.

'Neither I nor my parents have ever applied to register me as a NZ citizen, and the NZ Government has no register recognising me as a NZ citizen.'

But Mr Joyce said government took legal advice from the solicitor-general and based on that was of the 'firm view' he would not be disqualified from serving under section 44(1) of the constitution.

'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 to the High Court,' he said.

'Given the strength of the legal advice the government has received, the Prime Minister has asked that I remain as Deputy Prime Minister and continue my ministerial duties.'

Mr Joyce's citizenship scare follows former Greens deputy leader Mr Ludlum resigning last month after discovering he 'forgot' to renounce his NZ citizenship.

He was swiftly followed by the other Greens co-leader Ms Waters, who still has a Canadian citizenship.

Less than two weeks later, Resources Minister Matt Canavan quit cabinet after it was revealed he may have dual Italian citizenship.

He blamed his mother for applying on his behalf without telling him, was staying in parliament while the High Court investigated.

One Nation senator Malcolm Roberts also faces the High Court over whether he was still a British citizen when he was elected last year, after party leader Pauline Hanson referred him herself.

Former PM Tony Abbott, who was born in Britain, produced a copy of his renunciation confirmation document to quiet rumours he too was a dual citizen.

Labor senator Sam Dastyari revealed he had to hire a team of lawyers and pay $25,000 to renounce his Iranian citizenship.

Just to be sure, he paid two Iranians to go into the embassy with his renunciation papers and take a selfie with his forms.

'It was difficult, expensive, lengthy and precarious for my family still living in Iran. Nonetheless the rules are the rules and I have met them to ensure I meet the requirements to be properly elected,' he said.</s>Barnaby Joyce has referred himself to the High Court, after Fairfax Media asked the Deputy Prime Minister a series of questions about whether he could be a dual citizen of New Zealand.

In shock developments at Parliament House on Monday, Mr Joyce became the latest potential victim of a worsening citizenship saga after extensive investigations revealed he inherited dual citizenship through his father, who was born in New Zealand.

Questions over dual citizenship - which is prohibited for members of parliament under the constitution - have already forced two Greens senators to quit, Nationals senator Matt Canavan to resign as resources minister, and put question marks over a number of other MPs.

The Deputy Prime Minister, who was born in Australia and has never applied for New Zealand citizenship, said he was "shocked" to receive Fairfax Media's questions on Thursday. Fairfax Media also sent an additional request for comment about an hour before Mr Joyce's bombshell announcement.

He told Parliament he had decided to refer himself to the High Court for clarification but would not resign from cabinet and would remain as the member for the NSW electorate of New England.

"I was born in Tamworth, just as my mother and my great-grandma was born there 100 years earlier," he said.

"Neither I, nor my parents have ever had any reason to believe I may be a citizen of another country. I was born in Australia in 1967 to an Australian mother and 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 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 of the constitution from serving as the member of 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.

"Given the strength of the legal advice the government has received, the Prime Minister has asked that I remain as Deputy Prime Minister and continue my ministerial duties."

But experts believe Mr Joyce could well be a dual citizen, potentially disqualifying him from Parliament and putting the Turnbull government's slim majority at risk.

Under New Zealand anyone born overseas to a New Zealand father between 1949 and 1978 is considered a "citizen by descent".

Mr Joyce's father James Michael Joyce was born in the NZ city of Dunedin in January 1924, according to Australian Securities and Investment Commission company records. He moved to Sydney to attend university, later married and settled in NSW. Barnaby Joyce was born in Tamworth in 1967.

Mr Joyce has not been through any formal renunciation process and his office cannot say whether his father - now in his 90s - ever renounced. While the older Mr Joyce was born a British subject, it's believed he became a New Zealand citizen with the passage of a 1948 citizenship law.

Crucially, experts say NZ law - section 7 of the British Nationality and New Zealand Citizenship Act - confers citizenship by descent automatically, and does not need to be activated.

While there is a process for registering NZ citizenship by descent in order to attain a passport, University of Auckland international law expert Anna Hood believes that may not matter.

"If Barnaby's father was indeed a New Zealand citizen in 1967 then it looks like Barnaby may have become a New Zealand citizen at birth courtesy of section 7 of the 1948 Act," Dr Hood told Fairfax Media.

"There is a question about whether Barnaby or his parents would have had to register him as a New Zealand citizen. However, section 7 of the 1948 act does not explicitly require individuals born to New Zealand fathers to register their citizenship."

Dr Hood also points to another section of the act, which provides that every person born outside New Zealand between 1 January 1949 and 1 January 1978 shall be a New Zealand citizen by descent if born to a Kiwi father.

My Joyce's spokesman has previously said he independently established he was not a dual citizen "many years prior to entering Parliament". However his office has not elaborated on what steps he took.

University of NSW constitutional law expert George Williams said Mr Joyce could be "in some difficulty".

"The only question here is he regarded under New Zealand law as a citizen? That's not a question of activation - in fact this can happen without a person's knowledge or consent," Professor Williams said.

"It doesn't even have to be registered, it's just is he entitled to the benefits under their law should he wish to take them up? It doesn't matter if he has. If he has that entitlement, that is what the constitution extends to."

Anne Twomey from the University of Sydney believed Mr Joyce's case resembles that of Senator Canavan, who was apparently given Italian citizenship by descent after his mother made an application on his behalf. The High Court judgement on Senator Canavan's case could affect Mr Joyce.

"The fact that another country can have these rules about citizenship by descent, which people have not the foggiest idea about, is potentially problematic. It may be that the High Court tries to wind these things back – so if you were born in Australia, and you haven't taken any steps to gain any foreign citizenship, then maybe that is enough to avoid disqualification," she said.

"We need to know whether the mere fact that you are descended from someone and that gives you the right to do something in relation to foreign citizenship – like obtaining a passport – is sufficient to trigger this or not? I am sure many politicians would like to know that."

Fairfax Media sought comment from the New Zealand Department of Internal Affairs last week, but they did not respond.

But on its official website, the department noted: "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."

In separate education material, the department says: "Like a citizen by birth, a New Zealand citizen by descent acquires his or her citizenship status automatically at the time of his or her birth. However many people choose to register their citizenship by descent status with the Citizenship Office of the Department of Internal Affairs in order to obtain a certificate to prove they are a New Zealand citizen."

And in a 2015 press release, the department said: "Babies born in Australia and other countries to New Zealand parents are still Kiwis. Before an overseas based family brings their new baby home to meet the Kiwi cousins, they need to register him/her as a citizen by descent before they can apply for a New Zealand passport."

The registration process involves filling out a form labelled "Confirmation of New Zealand Citizenship By Descent", rather than calling it an application for citizenship. The registration process costs NZ$204.40.

Former independent MP Tony Windsor, who challenged Mr Joyce for his seat of New England at the 2016 election, wouldn't rule out another attempt if the citizenship fiasco triggered a by-election.

"It's not front of mind but you never rule anything out in life," Mr Windsor, a long-time foe of the Nationals leader, told Fairfax Media.

 

 "If he's ruled out, it's a whole new ball game."</s>Deputy Prime Minister Barnaby Joyce‘s citizenship fiasco blew out yesterday to a diplomatic stoush with New Zealand. Julie Bishop accused the ALP of colluding with a foreign political party to damage the government, which NZ’s Labour leader Jacinda Arden said was false and “highly regrettable”. Fairfax Media reports Joyce’s dual citizenship, revealed Monday, has pushed the government closer to referring four Labor MPs to the High Court to test the validity of their election. The push would force Justine Keay, Susan Lamb, Tony Zappia, Brendan O’Connor and Maria Vamvakinou to produce proof they comply with section 44 of the constitution. Joyce says he’s now renounced his New Zealand citizenship, and he will provide proof to Parliament. The Courier-Mail has published the documents.
The Deputy Prime Minister of Australia Barnaby Joyce is revealed to have unknowingly held dual citizenship with New Zealand since his election, which may have rendered him ineligible for candidacy under section 44 of the Constitution of Australia.