Mr Joyce told the Australian Parliament yesterday the New Zealand High Commission had contacted him last Thursday with the ‘‘shocking’’ information.
‘‘On the basis of preliminary advice from their Department of Internal Affairs — which had received inquiries from the New Zealand Labour Party — they considered I may be a citizen by descent of New Zealand,’’ Mr Joyce said.
Under section 44 of the Australian Constitution, anyone who holds dual citizenship is ineligible to sit in parliament.
New Zealand Prime Minister Bill English said yesterday his country’s internal affairs department had confirmed Mr Joyce was a New Zealander.
‘‘Unwittingly or not, he is a New Zealand citizen,’’ Mr English told reporters.
‘‘Then it’s a matter for the Australian system to decide how Australian law applies in his case. . . ’’
Mr Joyce, whose eligibility will be referred to the High Court in Australia, will not be stepping aside from Cabinet, unlike his National colleague Matt Canavan, who discovered his mother registered him for Italian citizenship.
Mr Joyce told Parliament he was born in Tamworth in 1967 to an Australian mother and was fifth generation Australian.
‘‘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,’’ he said.
‘‘The concept of New Zealand-Australian citizens was not created until 1948.
‘‘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 a New Zealand citizen.’’
The Sydney Morning Herald reported Mr Joyce’s father, James Joyce, was born in Dunedin in 1924.
However, a photo posted by Mr Joyce on his official Facebook page said his father was from Hampden in North Otago.
An entry on the Curmudgeon’s magazine blog said Mr Joyce’s father, James Michael Joyce, was wounded in World War 2.
He moved to Australia on a scholarship and studied veterinary science at Sydney University.
An engagement notice in the Sydney Morning Herald on February 16, 1952 announced James Joyce’s engagement to Beryl Marie.
They married in 1956 and worked as sheep-and-cattle farmers in the New South Wales town of Danglemah, the blog post said.
The Australian Government has received legal advice from the solicitor-general which suggests Mr Joyce would not be found to be disqualified under section 44 of the constitution and would not have to resign as the Member for New England.
But in any case Mr Joyce has asked the Government to refer him to the High Court.
The Government is expected to argue Mr Joyce had never been on a New Zealand citizen list, his parents had never applied for citizenship, he had no knowledge of the citizenship by descent and he had never sworn allegiance to NZ.
Australian Prime Minister Malcolm Turnbull has asked that Mr Joyce remain deputy prime minister and continue his ministerial duties.
Labor called on the prime minister not to accept the Nationals leader’s vote and to stand him aside from cabinet until the court determined the matter.
But Mr Turnbull rejected the call and declined Labor’s request to release legal advice.
‘‘The leader of the Nationals party, the deputy prime minister, is qualified to sit in this house and the High Court will so hold,’’ Mr Turnbull said.
Labor frontbencher Tony Burke told Parliament the situation was unprecedented.
If Mr Joyce is found to be ineligible, the Government — which holds a one-seat majority in the lower house — would be forced into a by-election.
The High Court is now considering the futures of five MPs: Mr Joyce, Mr Canavan, former Greens Scott Ludlam and Larissa Waters and One Nation senator Malcolm Roberts.
- additional reporting Margot Taylor
