Green Party MP Teanau Tuiono’s member’s bill, the Citizenship (Western Samoa) (Restoration) Amendment Bill has now become law.
It’s the culmination of more than 40 years of fighting for citizenship for people from Western Samoa who were stripped of that right due to a law change in 1982.
The change applies to those born in Western Samoa between 13 May 1924 and 1 January 1949, and in some limited circumstances, to their wives and children.
Hundreds of members of the Samoan community were at Parliament in Wellington last week to witness the Bill’s third and final reading, while thousands watched online.
All political parties voted to pass Tuiono’s members bill which was selected from the ballot in 2023.
More than 25 thousand submissions were received while the select committee met with members of the community in Auckland and Wellington to hear the community’s stories.
Teanau says it is a huge win for Pasifika Justice and an opportunity for healing.
“This Bill couldn’t have made it through without the intergenerational efforts of the Samoan community who mobilised for extensive consultations and came to share their stories with the Parliament select committee. This is what people’s power looks like.”
Anae Arthur Anae, a longtime advocate working to help restore the citizenship for those affected, says it was a special day.
“We’ve now been waiting 42 years to get where we are, personally 27 for me, but I’m thrilled we’ve got it, but I’m not satisfied, if I can say that, because they’ve acknowledged the wrong and they’ve attempted to fix it.”
The case which sparked the legal decision to acknowledge New Zealand citizenship for Western Samoans back in 1982 involved Samoan woman Falema’i Lesa.
In 1975, Falema’i moved to New Zealand from Samoa for a new life. But in 1976 she was arrested and set for deportation under government sanctioned policy rounding up overstayers that became known as the Dawn Raids. Many Pacific people were specifically targeted.
Falema’i challenged the decision and took her case to the Privy Council in London. She argued that she was not an overstayer but a New Zealand citizen.
The Privy Council agreed and ruled that because early New Zealand legislation had treated those born in Western Samoa after 13 May 1924 as “natural-born subjects” for the purposes of NZ Law, that cohort of people received NZ citizenship when NZ established its own citizenship in 1948.
Falema’i’s win was short-lived; when the government of the day led by Sir Robert Muldoon, passed the 1982 Citizenship (Western Samoa) Act 1982.
That Act removed NZ citizenship from those people who, under the earlier NZ legislation, had NZ citizenship because they were born in Western Samoa between 13 May 1924 and I January 1949, and those claiming citizenship through those people by descent or marriage.
Falema’i, who was at Parliament last week to witness the passing of the law, gave thanks to God and said it is a step in the right direction.
“Matua fiafia lava le loto. E ui a e pei ona ou faiatu e iai a le sitepu/step e tasi lea o lo’o misi. Ae a tonu a e iai se taimi, ina ia toe ofi fanau, ona tatou maua lea ona I aiga fiafia i Le Atua.”
(I am happy with the outcome, even though like I said there is one big step missing, but maybe in the near future our children can be involved so they can be together as one whole family with God.)
The issue of including children and descendants and heirs was one of the sticky points of the Bill’s progress. Anae says it needs to be addressed.
“The privy council talked about the heirs right, they’ve left it out there saying it’s a big number, well I I think their numbers are wrong, I think the numbers are only 15 thousand including those born between 1924 and ‘49 and I think they should relook at that.”
And while there is still work to be done, Tuiono says it is a time to celebrate.
“This is a step forward for Pasifika Justice, this is a step forward for our communities…
It’s been an honour and a privilege to support our Samoan community with this bill.”
It is estimated around three and a half thousand are eligible to apply and those who are successful will have their application fee refunded.
Applications are now open and people can go online to the Department of Internal Affairs for more information. People can also apply in person at the New Zealand High Commission office in Apia, Samoa.
