Photo: RNZ / Symone Tafuna'i
Correction: An earlier version of this story incorrectly stated Su'a William Sio spoke about this topic while in Parliament in 2003. This story has been updated to reflect Su'a William Sio was not an MP until 2008, and he was asked in 2022 whether or not he'd support the bill.
New Zealand's Parliament will today hear the third and final reading of a bill that will, if passed, restore a pathway to citizenship to a group of Samoans stripped of it decades ago.
The bill revisits a 1982 Privy Council decision giving Samoans born between 1924 and 1948 entitlement to New Zealand citizenship.
However, the Muldoon government later overturned this ruling through the Citizenship (Western Samoa) Act, taking the citizenship away again.
Now, after years of advocacy, those affected are close to regaining what was taken from them.
The beginning
The journey began in 1978, when Falema'i Lesa, a hotel cook in Wellington, was arrested by immigration officers.
They claimed she had no right to live in New Zealand.
Supported by immigration lawyers, Lesa fought her case all the way to the Privy Council, New Zealand's highest court at the time.
In 1982, the Privy Council ruled that Samoans born between 1924 and 1948 were British subjects and therefore entitled to New Zealand citizenship.
But that same year, the Muldoon government enacted the Citizenship (Western Samoa) Act, which nullified the decision.
Renewed push for justice
Efforts to overturn this have persisted for years.
In 2003, former National MP Anae Arthur Anae led protests in New Zealand and Samoa, motivated by constituents calling into his radio talkback show on Radio 531pi.
Then-Prime Minister Helen Clark opposed it at the time.
Anae told E-Tangata earlier this year: "I did some research and found that, really, what had been done to our people was a complete injustice".
"It made me angry. I knew the issue needed to be revisited.
"So, towards the end of my time as a National [Party] MP, I had lawyer George Barton address the National caucus. He explained the need to rectify the situation."
He and Barton pushed the National Party to address the issue, but successive governments resisted change.
Anae said repealing this law would not lead to more Samoans relying on welfare: "The Samoan people want the freedom to move between New Zealand and Samoa. Why worry about the unlikely chance of 100,000 Samoans coming when 20 million Australians could arrive at any time?"
Su'a William Sio, when asked while an MP in 2022 whether or not he'd support the bill, said "no comment".
In March 2024, Panmure-Ōtāhuhu MP Jenny Salesa told Pacific Mornings her Labour Party was "definitely considering" the bill.
"The process that we usually go through is we have a discussion. We have a position that the whole caucus agrees to before we say what our position is."
Green Party MP Teanau Tuiono speaks during the First Reading of his Member's Bill, the Restoring Citizenship Removed By Citizenship (Western Samoa) Act 1982 Bill, 10 April 2024. Photo: Johnny Blades
Restoring Citizenship Removed by Citizenship (Western Samoa) Act 1982 Bill
In 2022 MP Teanau Tuiono reached to Teleiai Edwin Puni and the Pacific Leadership Forum to seek the blessing and support of the Samoan community before launching his bill before the general election, and the bill had its first reading in the House in April.
Teleiai said Samoan leaders were called to Tuiono's office when his member's bill was pulled out of the tin to discuss key strategy in lobbying all six parties.
It passed its first reading, surprisingly with support from ACT and New Zealand First, allowing it to move to select committee.
Public submissions followed, with former Samoan Prime Minister Tuila'epa Sa'ilele Malielegaoi attending hearings.
In one submission, he remarked: "Hell is easier to reach than New Zealand," highlighting the long-standing frustrations of Samoan citizens.
Part of his submission focused on the education of young Samoans and the importance of the Treaty of Friendship. Photo: RNZ Pacific / Grace Tinetali-Fiavaai
National MP Tom Rutherford and Labour MP Barbara Edmonds expressed support, with Edmonds speaking of New Zealand's historical wrongs, including the 1918 flu outbreak and Black Saturday, as well as the more recent HMNZS Manawanui sinking.
"This legislation.... seeks to right a historical wrong," Edmonds said.
Rutherford said: "To our Samoan community watching today, this legislation acknowledges your place in the fabric of our nation and reaffirms the special relationship between our two countries."
The amendment, put forward by NZ First MP Andy Foster, means those eligible under the Bill who apply for citizenship and are successful will have their application fee refunded.
The current proposal applies to around 3,500 people born between 1924 and 1948, but advocates, including Tuila'epa, have called for its extension to include the extended families of those who are eligible.
"Further work must be done until justice is observed," Tuila'epa said.
Teanau had put up two amendments of his own - to extend the eligibility of the citizenship to the descendants of the group and to allow for the citizenship application to be completely free of charge - but these were unsuccessful.
New Zealand prime minister Christopher Luxon said they wanted to be reassured the eligibility would be "very tightly held by those that were impacted by the 1982 legislation".
"That core group is about three and a half thousand people, aged 76 to 100."
Had the eligibility been widened to include the immediate children, it could have affected about 15,600 more people.
The bill is set to undergo its third reading today at 4pm, New Zealand time.
