Falemaʻi Lesa
Falemaʻi Lesa is a Samoan national resident in New Zealand who famously appealed her visa overstay conviction to the Judicial Committee of the Privy Council, then the highest court of appeal in New Zealand.[1][2]
Lesa v Attorney-General of New Zealand
Her case Lesa v Attorney-General of New Zealand, in which she pressed her claim to be a New Zealand citizen, is a key legal case and had considerable impact on Samoans and New Zealand Law. The Privy Council ruled in July 1982 that all Western Samoans born between 1924 and 1948 were British subjects, and that under the British Nationality and New Zealand Citizenship Act 1948 from 1 January 1949 they and their descendants had become New Zealand citizens.
One of the results of this ruling was the controversial decision by the Muldoon National government to pass the New Zealand Citizenship and Western Samoa Act 1982 which effectively rescinded and annulled any citizenship claims by Samoans living in Samoa in retrospect. Only Samoans who can prove they were in New Zealand on 14 September 1982 are eligible for New Zealand citizenship. Lesa herself was specifically excluded in the Act and was granted New Zealand citizenship.[3]
Her barristers were George Rosenberg and Dr. George Paterson Barton, Q.C., from Wellington, who both acted in a number of prominent cases affecting Samoans.
The case continues to generate controversy and spur efforts to amend the immigration and nationality laws in New Zealand.[4]
Overturned bill
In 2024, Green MP Teanau Tuiono introduced a private members bill Restoring Citizenship Removed by Citizenship (Western Samoa) Act 1982 Bill to try to restore NZ citizenship to Samoans in Samoa.[5]
Personal History
As of 2022[update], filmmaker Jade Jackson is working on an oral history project to record Lesa's story.[6]
See also
References
- ^ Kondō, Atsushi (2001). Citizenship in a Global World: Comparing Citizenship Rights for Aliens. Palgrave Macmillan. p. 161. ISBN 978-0-333-80265-6.
- ^ "Samoans granted NZ citizenship | NZHistory, New Zealand history online". nzhistory.govt.nz. Retrieved 6 February 2019.
- ^ "Citizenship (Western Samoa) Act 1982 No 11 (as at 29 November 2010), Public Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 6 February 2019.
- ^ says (29 August 2011). "Depriving Samoans of immigration and citizenship rights". Redline. Retrieved 6 February 2019.
- ^ Young, Audrey (10 April 2024). "Samoa citizenship bill passes first hurdle in Parliament with help of ACT and NZ First". RNZ. New Zealand Herald. Retrieved 10 April 2024.
- ^ Mauafu, Neueli. "Oral History Project highlights woman at the centre of history-making court case". TP+. Retrieved 10 April 2024.