Privy Council rules on Samoan citizenship

The Privy Council granted New Zealand citizenship to Western Samoans born since 1924. When the government challenged this ruling, it was accused of betrayal and racism.

In 1899 Samoa was divided between Germany (western Samoa) and the United States (eastern Samoa). When the First World War broke out in August 1914 New Zealand forces occupied German Samoa, which they administered for the remainder of the war. From 1920 to 1962 New Zealand controlled Western Samoa under mandates from the League of Nations and its successor, the United Nations (UN).

From the end of the First World War there was growing Samoan discontent with New Zealand rule. In November 1918 the New Zealand merchant ship Talune docked in Apia. Despite the worldwide influenza pandemic administrators decided not to quarantine the ship. A devastating and avoidable outbreak of the disease killed more than 7500 Samoans – more than 20% of the population.   

A Samoan independence movement called the Mau emerged during the 1920s. In December 1929 New Zealand military police shot dead nine Samoans, including the high-ranking chief Tupua Tamasese, who were taking part in a peaceful demonstration.

In December 1946 the UN approved a new trusteeship agreement which charged New Zealand with promoting the ‘political, economic, social and educational advancement of the inhabitants and their progressive development towards self-government or independence’. In 1962 Western Samoa became the first Pacific nation to regain its independence. A Treaty of Friendship was signed with New Zealand.

After independence the status of Western Samoans living in New Zealand was uncertain. In a case taken to the Privy Council a Samoan woman living in New Zealand pressed her claim to be a New Zealand citizen. The Privy Council ruled that all Western Samoans born between 1924 and 1948 were British subjects and that in 1949 they and their descendants had become New Zealand citizens.

The New Zealand government did not accept this decision. Concerned about increased migration to New Zealand, it negotiated a compromise with the Western Samoan government that overturned the Privy Council’s ruling. New Zealand citizenship was only available to Western Samoans who were living in New Zealand on 14 September 1982 or subsequently obtained permanent residence. Many Western Samoans felt betrayed by this compromise, which they saw as racist. 

Image: Samoan protesters outside Parliament (Te Ara)