28 Oct 2017

Australian citizenship ruling no surprise - Dunne

9:37 am on 28 October 2017

New Zealand's former Internal Affairs Minister says he's not surprised by a court ruling disqualifying Australia's Deputy Prime Minister from Parliament.

Australia's Deputy Prime Minister Barnaby Joyce addresses a press conference in Sydney, July 2016.

Deputy Prime Minister Barnaby Joyce had to step down after the ruling. Photo: AFP

Barnaby Joyce and four other parliamentarians were disqualified by Australia's High Court because he was also a New Zealand citizen when elected.

The court ruled yesterday that Mr Joyce - who was born in Australia but had New Zealand citizenship from his father - is ineligible to remain in Parliament, a decision that has cost the coalition government its one-seat parliamentary majority, although he could return.

Because he renounced his New Zealand citizenship in August, he is now eligible to stand in his electorate of New England in a by-election to be held on 2 December.

Mr Joyce was one of seven politicians whose eligibility to sit in parliament was thrown into doubt when it was found they were dual citizens, which barred them from being elected to the national Parliament under Australia's constitution.

United Future leader Peter Dunne

Former NZ Internal Affairs Minister Peter Dunne Photo: RNZ / Rebekah Parsons-KIng

Former NZ Internal Affairs Minister Peter Dunne said he would have been surprised if the ruling had gone the other way, because Australia's constitution clearly stated dual citizens could not hold office.

"The issue for them now is do they amend their constitution? If they can't do that - because that's very difficult to do under their law - what checks are going to be put in place to make sure that there aren't going to be members of parliament caught this way in the future?

Mr Dunne said the problem had nothing to do with New Zealand law, it was just how the Australian constitution was framed.

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