Baby born after getting Resident visa, please advice.

[NaughtyMacgie]

I was trying to find out the answer about baby born after getting Resident visa. Will a baby become a citizen or resident ? Regarding to immigration website:

" Citizenship by birth in New Zealand from 2006
From 1 January 2006, children born in New Zealand (or in the Cook Islands, Niue or Tokelau) will acquire New Zealand citizenship at birth only if at least one of their parents:
is a New Zealand citizen; or
has permanent residency (ie is entitled to be in New Zealand or Australia indefinitely); or
is entitled to reside indefinitely in the Cook Islands, Tokelau or Niue.
For more information see the Citizenship by birth questions and answers."

" Q 1 What has changed?
A The Citizenship Act 1977 provides that a person born in New Zealand on or
after 1 January 2006 will only acquire New Zealand citizenship if, at the time of
their birth, at least one of the child’s parents was a New Zealand citizen or had
the right to reside in New Zealand indefinitely or had the right to reside
indefinitely in the Cook Islands, Niue or Tokelau.
Q 2 How do I know if I can reside in New Zealand indefinitely?
A You will be able to reside here indefinitely if you are a New Zealand resident
permit holder, a New Zealand Returning Resident Visa holder, an Australian
citizen, or you hold a current Australian Resident Return Visa. "

We got Resident visa in May 2011, my partner is not a Kiwi and we are planning to have a baby. I called The Department of Internal Affairs, they said they couldn't confirm me about a baby visa status (Citizen or Resident). Therefore, I have to call immigration. Then I called INZ, INZ couldn't confirm me as well, they said maybe a child will get a citizen or maybe a child need to be resident as same as my visa.( told me this is a new policy from 1987 act to 2009 act, a bit confuse them as well) ..... what's about me ?????T_T .They told me that I have to call the citizenship department again. So confuse me.... regarding to statement above "at least one of the child’s parents was a New Zealand citizen or had the right to reside in New Zealand indefinitely". Is this include Resident visa ? in my visa it say I can stay indefinitely but just travel condition that will expire.

I'm really confuse, Have you guys got the similar situation ? Please help me understand this statement. Thank you so much for your guys help and kindness.

[JandM]

If you look here http://www.dia.govt.nz/diawebsite.ns...s?OpenDocument, an official government site, you'll see your own situation mentioned - 'a residence permit holder'.

From 1 January 2006, children born in New Zealand (or in the Cook Islands, Niue or Tokelau) acquire New Zealand citizenship at birth only if at least one of their parents:
is a New Zealand citizen; or
is entitled to be in New Zealand indefinitely in terms of the Immigration Act 1987(i.e. a residence permit holder or Australian citizen); or
is entitled to reside indefinitely in the Cook Islands, Tokelau or Niue.

My guess is that the confusion comes from the fact that they changed what WAS 'permanent residence' to being called 'Residence' just recently, and haven't got round to altering all the other regulations (some of which you found) that refer to it.

[NaughtyMacgie]

Thank you so much JanM ^_^

[JandM]

But anyway, even if (which it doesn't look as if it's the case) any new baby of yours 'only' had Residence like you, that's not a bad deal - you yourself will be able to be a citizen a few years down the line if you like, after all.

[NaughtyMacgie]

umm I see, I will try to call INZ on Monday to confirm again. Thank you so much ^_^

[JandM]

Excuse me if it's a personal question, but why does this issue matter so much? As long as the baby would have the status to be with you wherever you are (which s/he definitely will), isn't that the most important thing?

[NaughtyMacgie]

It's not really matter, but I just want to find out. That's it. Nothing special ^_^