Shut the door - they’re coming through the window : an immigration and citizenship crisis between the New Zealand Government and the people of Samoa, in 1982

Abstract

In 1982, a Privy Council decision in Lesa v Attorney-General had the potential to dispel underlying tensions between New Zealand and Samoa. By declaring that Falema'i Lesa and an estimated 100,000 Samoans were New Zealand citizens, the Council forced the two countries shared colonial history to the forefront. The Privy Council's re-interpretation of past legislation exposed the tendency ofNew Zealand governments to resolve its conflicts with Samoans through legislative means. More importantly, the Privy Council decision challenged the constitutional foundations of New Zealand and Samoa respectively. However, the subsequent actions taken by the political leaders of the two countries resulted in a bilateral agreement, a Protocol to the Treaty of Friendship 1982. The circumstances surrounding this event demonstrated a continuity ofNew Zealand's authoritative approach towards the people of Samoa.