Last Monday, Governor-General Dame Cindy Kiro gave Royal assent to the Citizenship (Western Samoa) (Restoration) Amendment Bill, making it law, restoring the right of Samoans born between 1924 and 1948 as New Zealand citizens as granted by the Privy Council in July 1982 in Falema’i Lesa’s case.

Robert Muldoon’s National Government did not accept this decision and rushed through the Citizenship (Western Samoa) Act granting citizenship only to those who were in New Zealand on 14 September 1982.

In my column ‘Hold the Celebration’ (Sunday Observer, 21 April 2024, when the Citizenship (Western Samoa) (Restoration) Amendment Bill was introduced, I argued that given all the amendments therein, my gut feeling is that it will not survive the second reading. Unless there were dramatic changes to those amendments, especially the one giving the right to citizenship to descendants of all those born between 1924 and 1948. 5,000 was said to be still alive then but it is now suggested that only 3,500 are. (The Bill presented for the third and final reading had all, but one amendment removed.)

The National Party opposed the Bill at its first reading arguing that it creates a number of unprecedented measures and were also worried that “it will also create a situation where we have got a focus at the moment on managing the immigration settings and adopting them accordingly to fit today's demands.” (Radio NZ News). They saw that the number who would benefit from the Bill would be in the tens of thousands, more than just the 3,500 because we tend to have large families. So, they excluded the right to citizenship of descendants.

In addition, they also did not like New Zealand being used as an old people’s drop-off centre as the youngest persons eligible will be in their late 70s. That means they will have to support them financially and health-wise adding more burden on their already struggling health service. Although those eligible will not qualify for the NZ superannuation (pension) unless they have lived continuously in New Zealand for five years, those who become citizens will still be looked after financially, and will most likely receive ‘a special benefit’ of around $400 per week for single and lower per person for a married couple. That will cost the NZ government around $100m a year.

These, and many other reasons were why successive NZ governments were reluctant to ‘right the wrong’ created by the Citizenship (Western Samoa) Act 1982.

The question is: How many of the 3,500 will be granted citizenship? Can those whose applications have been rejected appeal the Department of Internal Affairs’ decision and how long will it take before a final decision is made? It will cost money and time that given their age, many may not have that. People will find that they have to go through a lot of hurdles to reach the end. For example, there is already concern about the physical and mental health of the applicants, so a thorough medical report must be provided and any slight sign of deterioration or frailty may result in their application being turned down.

Leader of the Opposition Tuila’epa S Malielegaoi raised this very point when he called the Amendment Act ‘restrictive’ ‘discriminatory’ and ‘shameful’ and falls far short of people’s expectations referring to the many who would not benefit from the new law “because of their advanced age or death”.

Perhaps the most discriminatory and restrictive aspect of the Amendment is the exclusion of the ‘right to citizenship by descent’ that children of all NZ citizen parents are entitled to. It is also unfair because our people who became NZ citizens under the Citizenship (Western Samoa) Act 1982 because they were in NZ on 14 September 1982 have that right. There will be court cases in the future challenging this aspect of the Amendment Act.

Our job now is to make sure that the application for citizenship form is completed properly and truthfully once you receive it. Any mistake or false information is picked up straightaway in New Zealand by Internal Affairs and may result in the rejection of the application. Internal Affairs may even develop a special application form that is different from the standard one used by everyone else to include questions about your physical and mental health as well as your ability to function independently.

Moving to reside in New Zealand is exciting – for young people that is because they can go to work and get engaged in other activities. But, when you are in your late 70s, the novelty will soon wear off because you’re stuck at home, in bed or front of the TV all day until your family come home after work or from school. And if you are immobile and unable to venture outside, you will start to reminisce about the life you have left behind in Samoa. Come winter, you will need to leave the heater on all day and night to keep you warm. That chews up a lot of money. You will be stressed out every time you get a call from Samoa. They are not checking up on your health; they are asking for money.

Soon, you will find that New Zealand is not all milk and honey, or why your family’s street is named, Struggle Street because it is not littered with bank notes.

To be eligible for the NZ pension, you must live there continuously for five years. Once you are eligible, you can apply for your pension to be portable and return to Samoa. You will be 83-plus years old. And ask yourself: “Was it worth it?”