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Falemaʻi Lesa

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This is an old revision of this page, as edited by F (talk | contribs) at 22:11, 11 April 2024 (→‎Lesa v Attorney-General of New Zealand). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Falemaʻi Lesa (born 1946)[1] is a Samoan citizen resident in New Zealand who famously and successfully argued she was a New Zealand citizen to the Judicial Committee of the Privy Council, then the highest court of appeal in New Zealand.[2][3]


Background

Lesa entered New Zealand on a temporary visa.[4] She was prosecuted while working as a kitchen hand in Wellington.[5] She argued in court she is also a citizen of New Zealand and therefore is not overstaying. The Court of Appeal agreed with the government but she appealed to the Privy Council.

Lesa v Attorney-General of New Zealand

Her case Lesa v Attorney-General of New Zealand, 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by the Muldoon National government to pass the New Zealand Citizenship and Western Samoa Act 1982 which effectively rescinded and annulled any citizenship claims by Samoans living in Samoa in retrospect.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.[6]

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.[7][better source needed][8]

Aftermath

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.[9]

Personal History

As of 2022, filmmaker Jade Jackson is working on an oral history project to record Lesa's story.[10]

See also

References

  1. ^ "Trailblazers: Falema'i Lesā". NZ Herald. 11 April 2024.
  2. ^ Kondō, Atsushi (2001). Citizenship in a Global World: Comparing Citizenship Rights for Aliens. Palgrave Macmillan. p. 161. ISBN 978-0-333-80265-6.
  3. ^ "Samoans granted NZ citizenship | NZHistory, New Zealand history online". nzhistory.govt.nz. Retrieved 6 February 2019.
  4. ^ Edgeler, Graeme (7 February 2017). "The Citizenship (Western Sāmoa) Act is New Zealand's most racist immigration law. Why is it still on the books?". The Spinoff. Retrieved 11 April 2024.
  5. ^ "Lesa, Falema'i, active 1982". National Library of New Zealand. Retrieved 11 April 2024.
  6. ^ "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.
  7. ^ says (29 August 2011). "Depriving Samoans of immigration and citizenship rights". Redline. Retrieved 6 February 2019.
  8. ^ Edgeler, Graeme (7 February 2017). "The Citizenship (Western Sāmoa) Act is New Zealand's most racist immigration law. Why is it still on the books?". The Spinoff. Retrieved 11 April 2024.
  9. ^ 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.
  10. ^ Mauafu, Neueli. "Oral History Project highlights woman at the centre of history-making court case". TP+. Retrieved 10 April 2024.
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