Deputy PM Barnaby Joyce referred to High Court over potential New Zealand citizenship

Barnaby Joyce becomes the first member of the House of Representatives referred to the High Court over dual citizenship, joining four senators already caught up in the ongoing citizenship bungle.

Deputy Prime Minister Barnaby Joyce has told parliament he may be a NZ citizen.

Deputy Prime Minister Barnaby Joyce has told parliament he may be a NZ citizen. Source: AAP

The government has referred deputy prime minister Barnaby Joyce to the High Court over his potential New Zealand citizenship, after the Nationals leader revealed he had been contacted by the New Zealand High Commission. 

Prime minister Malcolm Turnbull said the government was "satisfied" with its legal advice that the court will not disqualify Mr Joyce. 

Such a disqualification would threaten the Turnbull Government's one-seat majority in the Lower House. 

Mr Joyce broke the news in Parliament on Monday, revealing he had been advised he may be a New Zealander by law because of his father's NZ citizenship.

"Last Thursday afternoon, the New Zealand High Commission contacted me to advise that on the basis of preliminary advice from the Department of Internal Affairs which had received inquiries, considered that I could be a citizen of New Zealand by descent," Mr Joyce said.
"Needless to say, I was shocked to receive this information" he said. "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." 

"The New Zealand Government has no record of registering me as a New Zealand citizen" Mr Joyce said.

Mr Turnbull has written to opposition leader Bill Shorten, offering Labor the "opportunity" to refer any of its own MPs or senators. 

The High Court is already considering the cases of two resigned Greens senators - Scott Ludlam and Larissa Waters - as well as LNP senator Matt Canavan and One Nation senator Malcolm Roberts, who are both remaining in their jobs until the cases have been heard. 

Senator Ludlam was revealed as a New Zealand citizen, while Senator Waters discovered she was also Canadian.

The court is considering whether Matt Canavan, who stepped down as from his frontbench post as resources minister but not from the Senate, should be disqualified by his dual Italian citizenship.

Malcolm Roberts has been accused of once holding British citizenship, though claims he renounced it before he was elected. 

Mr Joyce said he will continue to serve as deputy leader until the High Court decides his political fate.

Under section 44 of Australia's Constitution, dual citizens are ineligible to serve in Parliament.
"On the basis of the Solicitor-General's advice, they're of the firm view that it will not be found to be disqualified," Mr Joyce said.

If Mr Joyce is forced to vacate his New England seat, it would likely force a by-election.


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Presented by Virginia Padovese

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