Samoan citizenship bill: Community gathers as bill unanimously passes second reading at Parliament

Parliament has progressed a bill that – if passed – will restore the New Zealand citizen rights of thousands of Samoans more than four decades after they were taken away.

The bill passed its second reading unanimously in Parliament as dozens of members from the Samoan community watched from the public gallery.

New Zealand was the administrator of Samoa from 1914 until its independence in 1962. Before the concept of New Zealand citizenship was established in 1948, people born in New Zealand were considered British subjects.

Even though Samoa was formally administered by New Zealand at that time, the status of Samoans as British subjects and therefore New Zealand citizens was unclear.

A Samoan citizen, Falema’i Lesa, was charged with overstaying her visa in New Zealand, but successfully appealed her conviction to the Judicial Committee of the Privy Council (the highest court of appeal in New Zealand at the time) in 1982.

That court found she, along with all people born in Samoa between May 13, 1924 and December 31, 1948, were New Zealand citizens.

But, the joy was short lived. In response to the court ruling, New Zealand – under then Prime Minister Robert Muldoon – swiftly passed legislation that removed those citizen rights.

Today’s second reading of Green MP Teanau Tuiono’s member’s bill is a step towards restoring those citizenship rights for that group of people who are from Western Samoa and born between 1924 and 1949.

Greens co-leader Chlöe Swarbrick and MP Teanau Tuiono during a function after the second reading of the Samoan Citizenship Bill. Photo / Mark Mitchell

If it ultimately passes (which it is expected to), Tuiono’s bill would mean a person whose New Zealand citizenship was removed by the 1982 law would be eligible for citizenship as of right, instead of having to go through the standard residency and citizenship application process.

“I’m feeling great. I just want to acknowledge the advocacy of the community, some people have been walking this journey for decades. This is a step forward for Pasifika justice,” Tuiono said.

“I am heartened by the will of MPs across the political divide to correct the historical injustice by which the New Zealand Government in 1982 stripped citizenship from thousands of Samoans.

“Among those in the public gallery today were members of the very community whose right to citizenship was removed. I hope the passage of my Bill goes some way to atoning for past wrongs by the state.”

Members of the Samoan community during a function at Parliament after the second reading of the Samoan Citizenship Bill. Photo / Mark Mitchell

Labour’s Barbara Edmonds spoke about the close – but at times tragic – relationship between New Zealand and Samoa.

In November 1918, a New Zealand passenger ship carrying pneumonic influenza – or “Spanish flu” – was allowed to disembark in Apia without quarantine.

An estimated 8,500 Samoans – or 22% of the population at the time – died.

In 1929, New Zealand police fired into a crowd of Mau supporters – killing eleven Samoans – in an event that is known today as Black Saturday.

And in 2021, then Prime Minister Jacinda Ardern (now Dame) formally apologised for the Dawn Raids, which began in 1974 when the then Labour government clamped down on people overstaying their work visas and instructed the police to turn up at people’s homes during the night or the early hours of the morning and demand they prove they were in the country legally.

Pacific people were specifically targeted and racially profiled.

Former National Party MP Arthur Anae speaking during a function, after the second reading of the Samoan Citizenship Bill. Photo / Mark Mitchell

“There have been many times in the history of New Zealand and Samoa where that friendship has been trampled on,” Edmonds said.

“I really wanted to ensure this House knew the history, that we knew where we had come – so that we know where we are going to.

“I wanted to ensure that we put on the record today, Samoa is a proud people. We organised when our families were dying as a result of the influenza pandemic, our families came together, took the dead, put them on the road, buried them, we organised then in order to save the rest of our population.

“I am a proud Parliamentarian who represents the electorate of Mana, but I am Samoan first. For the 24,000 submitters who organised to ensure their voice was heard in this bill, we hear you. That is why – never underestimate a Samoan. We are very nice, we are very smiley, but we are very smart.

“And we forgive, we are humble in our forgiveness, but we do not forget.”

Edmonds spoke about the sunken Manawanui Navy ship off the shores of Samoa, saying the Government needed to take action to fix the situation, and ensure “we do not trample on the friendship again and right that wrong”.

“I acknowledged that there is work being done, but please listen to the Samoan people on the ground, please listen to the villagers who cannot fish, please listen to the villagers who cannot put food on their family’s table.”

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.