Reaction and explainer: Citizenship bill’s passing second reading draws mixed feelings

Following a bill that may restore citizenship for some Sāmoans, a Pacific leader says "mixed feelings" remain.

The Restoring Citizenship Removed by Citizenship (Western Samoa) Act 1982 Bill, which passed its first reading in April and second today, aims to undo the Citizenship (Western Samoa) Act 1982, which saw Samoans stripped of their citizenship rights.

Parliament unanimously supported the bill past its second reading yesterday.

Speaking to William Terite on Pacific Mornings, Pacific Leadership Forum Chair Teleiai Edwin Puni witnessed the "historic" second reading at parliament.

Teleiai says considering not many member's bills gained unanimous support it was a significant milestone, but he added that righting a four-decade-old wrong means many have already missed out.

"It's been 42 years since the Privy Council decision so many people including my father passed away without getting the right to New Zealand citizenship," he said.

However, Teleiai acknowledged the parliamentary support of the bill and that an opportunity to rectify some of the past injustices to the Sāmoans impacted would not have come about without Green MP Teanau Tuiono launching it.

Watch the full interview via 531pi's FB below:

Teleiai also criticised the amendments of the bill following the select committee process, as it does not include the descendants of the cohort impacted.

"The bill [also] does not include descendants so there's a lot of our Sāmoan people that are alive today that are missing out. . . so mixed feelings.”

Access to a pension has also been a point of discussion, as under current residency laws, those born before 30 June 1959 must have lived in New Zealand for 10 years, either consecutively or non-consecutively, since they turned 20.

The bill currently applies to over 3000 Sāmoans with the youngest being aged 75 meaning, those eligible for citizenship won’t be able to get superannuation till they are 85.

‘This isn't a bill about pension, this is a bill about citizenship’
However constitutional law expert Graeme Edgeler told Terite that the bill concerned a change to citizenship law, not pension law, and therefore this is not the bill to change that.

He also pointed out that if the bill passes, the cohort can apply and automatically receive NZ citizenship without the usual decision-making process with residency.

"If we're dealing with people living in New Zealand, perhaps on work visas, or things like that, that period can already count to the amount of time that you need to spend in New Zealand," Edgeler said.

He said the bill could extend its citizenship grant to the cohort's descendants but that the select committee has made its decision.

"There are certainly some parties that would like to go further but they don't have the votes in Parliament."

Watch the full interview via 531pi's FB below:

Responding to the amendment concerns, ACT Party Ethnic Communities Spokesperson Parmjeet Parmar said the bill is solely focused on streamlining citizenship for those affected.

"What we're doing through this bill is that as soon as this bill goes through parliament after it receives the Royal Ascent, people will be able to apply for citizenship," Parmar said.

"So there is no delay to get citizenship so this bill just deals with that matter."

She also commended the over 24,500 submissions sent in for the bill's select committee process, and that the ACT Party's values of equality, fairness and justice meant giving the Sāmoan community a chance to have their say.

"The community has spoken which I'm very proud of because when community members say they support something, that is at one level.

"But taking it to that next level of coming forward and submitting and speaking to a select committee, definitely needs a lot more courage."

Watch the full interview via 531pi's FB below:

Forecast and what's next
Edgeler said the bill passing its second reading is a strong indicator that it will enter legislation this year and if not, early next year.

He said the only foreseeable hitch in the bill's progress was the National Party voting against it during the first reading in April, but that the unanimous support this time reflects that all parties had agreed through the select committee process on what the bill will look like.

Edgeler said member's bills take longer than government bills, and that it could take a month to six weeks minimum before it passes, but could be longer depending on how the process goes.