Citizenship (Western Samoa) Act 1982 Bill

The Mau a Samoa i le Sitiseni 2024, a group of Samoans
led by former Members of Parliament Anae Lupematasila Arthur
Anae, and Afioga Aupito Toeolesulusulu Tofae Sua William Sio
is stepping up its advocacy and awareness raising campaign
to inform and encourage Samoans, and others, living in New
Zealand and abroad to file submissions on the Restoring
Citizenship Removed by the Citizenship (Western Samoa) Act
1982 Bill (‘The Bill’), which passed its first reading
on 10 April 2024.

The Governance and Administration
Select Committee of Parliament has called for submissions
with a deadline of 31 May 2024. In July 1982, Dr George
Barton and Mr George Rosenburg, took Falemai Lesa’s case
to the Privy Council. On July 28 1982 the Privy Council made
its decision overnight in the case of Falema’i Lesa v the
Attorney General (New Zealand), ruled that all Samoans, born
on or after 13 May 1924 and before 1 January 1949 and their
descendants, were New Zealand citizens. During that period,
Samoa was under New Zealand administration. The New Zealand
government feared that the Privy Council’s decision would
open the door for more than 100,000 Samoans to flock to New
Zealand and so, in response, it took immediate steps to
thwart this perceived effect of that decision.

Using
the Treaty of Friendship between New Zealand and Samoa, New
Zealand spearheaded talks between the two governments
resulting in the Protocol to the Treaty of Friendship
(‘The Protocol’). This was signed on 21 August 1982, not
even four weeks after the Privy Council decision, suggesting
a rushed process, given the significant effect of the new
law New Zealand wanted to introduce. The Protocol came into
force on 13 September 1982; it provided that:

1. all
   citizens of Western Samoa, who were in New Zealand on the
   date the Protocol came into force, were granted the right to
   become New Zealand citizens immediately upon application;
   and
2. citizens of Western Samoa who traveled to New
   Zealand after the Protocol came into force, and who would
   have been granted permanent residence in accordance with New
   Zealand’s policy and practice prior to 19 July 1982, were
   granted the right to become New Zealand citizens
   immediately, upon application, after acquiring permanent
   residence.

The New Zealand Parliament then
passed the Citizenship (Western Samoa) Act 1982 (‘the Act
of 1982’) in order to implement the Protocol and other
provisions relating to citizenship of persons born in
Western Samoa before 1949, and others claiming citizenship
by descent or marriage through such persons.

The Act
of 1982 was created and passed with astonishing speed by the
New Zealand Parliament. It came into force on 15 September
1982, less than eight weeks after the Privy Council
decision. It stripped citizenship from Western Samoans who
the Privy Council had already declared to be New Zealand
citizens. Most of them were never given the opportunity to
be heard.

Under the Act of 1982, the following people
were “deemed never to have been New Zealand
citizens”:

1. every person born on or after 13 May
   1924 and before 1 January 1949;
2. every female who, on
   1 January 1949, became a New Zealand citizen by being
   married to a person in 1 above;
3. every person who was
   a descendant of persons in 1 and 2 and who was born before 1
   January 1949;
4. every female who, on 1 January 1949,
   became a New Zealand citizen by being married to a person in
   3;
5. every person who is the descendant of any person
   in 1, 2, 3, or 4 and was born on or after 1 January
   1949.

The Bill provides firstly, for the
restoration of citizenship, by grant of citizenship as of
right, to those persons described in 1 to 5 above, and
secondly, for the repeal of the Act of 1982. Grant of
citizenship as of right means that if your citizenship was
removed by the Act of 1982, you have the right to apply to
be granted citizenship without any other
requirements.

The Mau’s position is that it supports
the Bill to restore citizenship to persons described in 1 to
4 above. However, in respect of persons described in 5, the
Mau recognises the socio-economic impact, on both New
Zealand and Samoa, that would arise from restoring
citizenship to these people. The Mau therefore encourages
the two governments to utilize the provisions of the Treaty
of Friendship and its Protocol, to engage in concrete and
effective consultations on the quota system and other
immigration issues.

The Mau urges and encourages
individuals and groups to express their views on the Bill by
filing submissions in one of the following
ways:

1. Online by using the template for
   submissions on the New Zealand parliament website
   www.parliament.nz;
2. or By hard copy sent to:
   Secretariat Governance and Administration Committee Select
   Committee Services Parliament Buildings WELLINGTON 6160, NEW
   ZEALAND

For any further information please
contact Seuli Leofo Tone Peseta at tone.peseta@pmn.co.nz; or
Tofilau Nina Kirifi-Alai at
tofilau18@gmail.com.

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