Thousands of Sāmoans eligible for New Zealand citizenship

 The passing of the bill Restoring Citizenship Removed by Citizenship (Western Sāmoa) Act 1982 has been seen as righting a wrong against the Sāmoan community. 

Green MP Teariki Tuiono’s bill received unanimous support during its third reading on 20 November, allowing Sāmoan people born between 1924-1948 to be eligible for New Zealand citizenship. The eldest of this cohort if still living would be 100 and the youngest 76 years of age.

Widespread celebrations have marked the historical legislation, overturning the 1982 Act that stripped citizenship from Sāmoans, who were New Zealand citizens by law according to the Privy Council. 

The 1982 Act was enacted as a reaction to the Privy Council’s decision granting citizenship to Sāmoan woman, Falema’i Lesa who was arrested almost 50 years ago in 1975 in Wellington during a dawn raid. Facing deportation, her lawyers took the case all the way successfully to the Privy Council. 

The New Zealand Citizenship and Western Sāmoa Act 1982 rescinded and annulled any citizenship claims by Sāmoan people living in Sāmoa . Only those who could prove they were in New Zealand on 14 September 1982 were eligible for New Zealand citizenship. Lesa was able to retain her New Zealand citizenship.

University of Auckland Pacific historian Dr Marcia Leenen-Young says the new law is significant not only for the Sāmoan people, but also for Aotearoa New Zealand. 

“This is about righting a wrong done by the New Zealand government in 1982 when they took away citizenship (an act rare and vilified in history) from Sāmoans born in Sāmoa between May 1924 and December 1948 who were New Zealand citizens by law according to the Privy council.” 

She says while the new law is historically significant, it falls short of restoring full rights to the group affected. 

“We must be aware that this is not a complete reversal of this law and the rights given to all New Zealand citizens are not actually being granted by this bill - for example, citizenship does not extend to the descendants of those born between 1924-1948, a right enjoyed by the rest of us who have New Zealand citizenship. 

“It also stops at 1948, marked with the creation of New Zealand as a nation and formal citizenship - but Sāmoa was governed in part by New Zealand people, legal structures, and political and social institutions right up until 1962.   

“So while this bill passing its third reading is historically significant for recognising and righting a wrong, and should be celebrated throughout Aotearoa, we still have some way to go.”

Pro Vice-Chancellor Pacific Professor Jemaima Tiatia-Siau says amidst the historical events of the Hīkoi galvanising tens of thousands protesting the Principles of the Treaty of Waitangi Bill this week, the passing of the new law demonstrated what was possible when people came together. 

“We are grateful to tangata whenua who have always welcomed us as their whanaunga and have shown us manaakitanga to make a home for our descendants and to thrive. 

“To see our people legally recognised by law gives us the dignity that was taken away.” 

About 25,000 submissions were received from New Zealand and Sāmoa during the select committee process. It passed with one amendment from New Zealand First, which required that successful applicants be refunded their application fees.

Citizenship applications are expected to be lodged from next week.