Morrison's New Zealand citizenship

 The Prime Minister of Australia Scott Morrison is a dual citizen and in parliament illegally.

S44 of the Australian constitution says

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44 Disqualification

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 44

Disqualification

                   Any person who:

                      (i)  is under any acknowledgment of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power; or 

 

 

Mr Morrison's Mother Marion Elsie (nee) Smith was born in Surrey Hills NSW on 14/1/1943 to a New Zealand father  Lesley John Smith.  He was born at Ashburton Canterbury NZ on 10/8/1917.

In 1948 the British Nationality and NZ Citizenship Act came into being and section 16 of that act says:-  

 

 Start off with 16 1(a) - that declares Lesley John Smith to be  New Zealand citizen.

 

16 2 says if a person was a British subject prior to the law being enacted and their father qualifies as a New Zealander under 1 (a) or (b), they become a New Zealand citizen.

16 5 says a male person who becomes a New Zealand citizen by virtue of  16.2 shall become a New Zealand citizen by descent.

Marion Elsie Smith became a New Zealand citizen in her own right thanks to 16.2 of the act and wasn't a citizen by descent because she was female and not male as specified in 16.5.

Now to play some clicky games on the interweb.

Check if you are a citizen click here 

 

 Click no because you werent born in NZ, click no for Western Samoa, next page asks if a parent was a citizen

Click yes because Marion Elsie Smith was a New Zealand citizen

The next question is what sort of citizenship did your parent have?  By birth or grant.

You are a New Zealand citizen by descent

You can register your citizenship and order a passport at the same time.

 

Mr Morrison says he hasn't registered his citizenship but that is only official paperwork.  He is a New Zealand citizen.  He needs to register to get a passport.

 

 

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The reason I wrote this was because of Margaret Simons writing a story in the Guardian.  That was back in October 2019.

I wrote a petition to parliament EN1145. It was closed for signatures on Christmas Day 2019.  It says:-

Petition Reason

Mr Morrison's mother Marion was born in Australia to a New Zealand citizen. The British Nationality and New Zealand Citizenship Act section 16 says children born of fathers born in New Zealand are citizens of that country. The law specifies male children are citizens by descent, female children were not mentioned meaning they are citizens other than by descent and able to pass New Zealand citizenship to their children. This Makes Mr Morrison a New Zealand citizen by descent. The house can't determine if Mr Morrison has or hasn't breached the constitution, that is up to the High Court. Even the Commonwealth Solicitor has been proven wrong about S44 on so many occasions.

Petition Request

We therefore ask the House to refer Mr Morrison to the High Court to determine if he is a New Zealand citizen and in breach of our constitution.

 

 

Mr Porter the Attorney General replied  on 3/3/20 saying basically that we the voter cant lodge petitions asking about S44 compliance and that the referral to the Court of Disputed Returns must come from the Privileges & Members Interests Committee. Mr Gorman, the Deputy Chair of that committee said in an email to me that the committee does not have the legislation to refer anyone to any court.

 

A further letter from the Attorney Generals Department, not Christian Porter, said:- 

 

 The important bit seems to say that parliament determines the legal status of MPs, not the High Court.

In relation to your comment regarding the role of electors bringing a challenge to the 

 eligibility of parliamentarians, the High Court has held that in a proceeding for a penalty

under the Common Informers (Parliamentary Disqualifications) Act 1975 it is not able to  

determine whether someone is incapable of sitting as a member of the House of  

Representatives or senator due to s 44 of the Constitution (Alley v Gillespie (2018) 

 264 CLR 328). Any question of s 44 incapability is to be determined by the House of  

Representatives or Senate itself under s 47 of the Constitution, unless either house resolves  

to refer the matter to the Court of Disputed Returns under the 

 Commonwealth Electoral  Act 1918.

 

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My local MP is Andrew Wallace, an LNP member of parliament. He used to be a 

barrister before entering  parliament and now seems to be a barista. I have written to my 

local MP on several occasions asking him to follow House rules and put Mr Morrison

into the High Court to determine his eligibility to sit in parliament. He blocks me on all 

 social media and refuses to answer my emails. I have written to him, Mr Smith the Speaker

and the Queensland Bar Association  to see if his determination to protect Mr Morrison

from the law is against the Bar Association rules and the Rules of the House of Parliament.