Sāmoan flags in NZ (Photo: Getty Images)
Sāmoan flags in NZ (Photo: Getty Images)

OPINIONPoliticsNovember 20, 2024

New law gives up to 3,480 Samoan elders back their right to NZ citizenship

Sāmoan flags in NZ (Photo: Getty Images)
Sāmoan flags in NZ (Photo: Getty Images)

The Citizenship (Western Samoa Restoration) Amendment Bill has passed its third and final reading. The bill’s author reflects on what it means for the Samoan community.

It’s rare for MPs across the political spectrum to unite behind a piece of legislation. Rarer still is for an opposition MP’s bill to receive unanimous support in the House. It has been my honour and privilege to shepherd the Citizenship (Western Samoa Restoration) Amendment Bill through the House. Having this bill pass marks another step for Pasifika justice in Aotearoa.

The bill addresses an injustice created by a law rushed through by the Muldoon government 42 years ago which denied New Zealand citizenship to Western Samoans despite the highest court of appeal available in our country having recently ruled that they were entitled to citizenship.

For those people affected by the 1982 law, the bill passed today means they will be eligible for citizenship as of right, instead of having to go through the standard residency and citizenship application processes. If their application is successful they will also be refunded for the costs involved in the process. It is estimated that a maximum of 3,480 people would be able to benefit from the bill.

I first deposited this member’s bill in parliament’s “Biscuit Tin” in 2022, after the issue was brought to my attention by the Samoan community following the Dawn Raids Apology in 2021. It wasn’t a new issue. In 2003, a petition requesting the repeal of  petition Citizenship (Western Samoa) Act 1982 was signed by 100,000 people and presented to parliament. The Labour government of the time did not act on it.

My bill was picked from the ballot in August last year. But the journey of this bill began with a recognition of a deep and long-standing injustice. For those directly impacted, and for their families who have endured intergenerational trauma, it represents a step toward healing. 

In 1978, Samoa-born Falema’i Lesa, working as a cook in Wellington, was arrested by immigration officers and accused of lacking the right to live in New Zealand. With the support of cleaners and other workers who fundraised for the case and immigration lawyers, Lesa appealed her case to the Privy Council, then New Zealand’s highest court. In 1982, the Privy Council ruled that Samoans born between 1924 and 1948 were British subjects and entitled to New Zealand citizenship. However, the Muldoon government swiftly nullified this decision by passing the Citizenship (Western Samoa) Act 1982, retroactively denying citizenship to those affected.

Decades later, having Falema’i Lesa sit in parliament’s public gallery during the bill’s readings has been both iconic and also for myself humbling as she witnessed us as a parliament grapple with taking those steps towards Pasifika justice. 

At every stage of the bill’s progress, the community’s involvement has been crucial. Extensive consultations provided opportunities for affected individuals to share their stories, offering insight into the ongoing pain caused by the 1982 legislation. The select committee process was particularly powerful, with members of the Samoan community — young and old— speaking directly to the heart of the matter. Their stories moved many MPs, demonstrating the enduring strength and resilience of Pasifika communities. The committee received a total of 24,581 written submissions, and heard oral submissions in Wellington and Auckland through June and July this year. 

I was especially heartened by the contributions of young people. Their engagement during the select committee process was inspiring, as they spoke with authenticity and passion. When we communicate from the heart, as they did, we foster openness and understanding. This generation gives me hope — they are strong, capable, and deeply committed to building a brighter future for their communities.  

Jacinda Ardern is covered by a mat of forgiveness during a service to make a formal apology to the Pacifika people affected by the dawn raids of the 1970’s on August 01, 2021 in Auckland, New Zealand.The dawn raids began in 1974 when the government of the time clamped down on people overstaying their working visas. (Photo by Fiona Goodall/Getty Images)

From its introduction to its final stages, the bill underwent significant refinement. Early discussions focused on whether to repeal the 1982 Act entirely — a move we supported for its symbolic importance. However, transferring the still-relevant operational clauses to other parts of the Citizenship Act was not supported by the select committee. This meant a name change of the bill from the original name to the Citizenship (Western Samoa Restoration) Amendment Bill. 

At the committee stage, I proposed amendments based on submissions received by the select committee. These amendments aimed to expand eligibility to descendants of Samoans born before 1 January 1962 – the date of Samoa’s independence – and to waive application fees entirely. Unfortunately, these proposals were voted down by the government parties. One amendment, however, was successful at this stage. Proposed by Andy Foster of the New Zealand First Party, it ensures that successful applicants are refunded their application fees. 

While we had hoped for broader measures, these changes still represent meaningful progress toward justice. The passage of this bill is part of a larger reckoning for Aotearoa in its treatment of Pasifika communities. Alongside the Dawn Raids apology, it’s another step in reconciling with our nation’s history of harm and neglect. Acknowledging these past mistakes is essential for our growth — as communities, as a nation, and as part of the Pacific family.  

Our international standing is deeply tied to our relationships in the Pacific. Relational diplomacy is crucial in a region where geopolitical tensions between larger nations often play out. New Zealand’s commitment to nurturing these ties, especially through acts like this bill, reflects our responsibility to our Pacific neighbours. Supporting initiatives such as these not only strengthens our shared wellbeing but signals that we take these relationships seriously.  

Today was a rare and special day – a day when people of different political stripes came together to address an injustice. For the affected Samoan community, the presence of packed public galleries during each reading of the bill was a testament to their perseverance. Their advocacy made this possible.  

The Greens are proud to have championed this bill and hope it goes some way to atoning for past wrongs by the state against Pasifika communities.

Keep going!