Pasifika justice as Member’s Bill passes final reading

Source: Green Party

Teanau Tuiono’s Member’s Bill, the Citizenship (Western Samoa Restoration) Amendment Bill, has passed its third reading and will become law.

“This is a huge, historic win for Pasifika Justice, one that offers our country an opportunity for healing,” says the Green Party’s spokesperson for Pacific Peoples, Teanau Tuiono.

The legislation restores the right to citizenship for people from Western Samoa who despite being eligible for New Zealand citizenship were stripped of that right due to a cruel and targeted law in 1982.

“Those affected people will be eligible for citizenship as of right, instead of having to go through the standard residency and citizenship application processes. Successful applicants will also be refunded for the costs involved in the process.

“More significantly, an injustice has been addressed and this anti-Pasifika, discriminatory law has been struck from our books. This offers us all, not just those directly affected but also the wider community, a chance for healing as we reconcile with the wrongs of our country’s past.

“This Bill couldn’t have made it through without the intergenerational efforts of the Samoan community who mobilised for extensive consultations and came to share their stories with the Parliament select committee. This is what people power looks like. 

“I also mihi to the cross-party efforts of MPs in deliberating on this Bill in good faith. MPs listened to the voice of constituents and understood the need for justice.

“This has been a special week at Parliament. Yesterday, we saw the immense hope of people power with the Hīkoi against the Treaty Principles Bill. Today, we see how MPs of different political stripes can work together to fix injustice. More wins are possible when we all work together. 

“I hope this law change goes some way towards atoning for the mistreatment the Samoan community was subject to. It follows on from the Dawn Raids apology as another big step on the journey of healing that our country had to embark on,” says Teanau Tuiono.

Additional information:

  • New Zealand citizenship wasn’t created until 1948. Before then, New Zealanders were British subjects
  • At the time citizenship was created, New Zealand was administering present day Samoa (known until 1997 as Western Samoa)
  • In 1982, Falema‘i Lesa, a Samoan citizen living in New Zealand, was prosecuted for overstaying. She argued she wasn’t overstaying, as she said she was a New Zealand citizen.
  • The Privy Council ruled that, because earlier NZ legislation had treated those born in Western Samoa after 13 May 1924 as “natural-born British subjects” for the purposes of NZ law, that cohort of people received NZ citizenship when NZ established its own citizenship in 1948. 
  • The Muldoon Government acted swiftly and in 1982 passed the Citizenship (Western Samoa) Act 1982. 
  • The 1982 Act removed NZ citizenship from those people who, under the earlier NZ legislation, had NZ citizenship because they were born in Western Samoa between 13 May 1924 and 1 January 1949, and those claiming citizenship through those people by descent or marriage. 
  • The Citizenship (Western Samoa Restoration) Amendment Act would mean that a person whose NZ citizenship was removed by the 1982 Act will be eligible for citizenship as of right, instead of having to go through the standard residency and citizenship application processes.

Parliament Hansard Report – Wednesday, 20 November 2024 – Volume 780 – 001464

Source: New Zealand Parliament – Hansard

Question No. 2—Children

2. KAHURANGI CARTER (Green) to the Minister for Children: Will she commit to retaining strategic partnerships with iwi and Māori organisations, as recommended in the select committee report on the repeal of section 7AA; if not, why not?

Hon KAREN CHHOUR (Minister for Children): Thank you, Mr Speaker. The repeal of section 7AA is about ensuring the safety and wellbeing of children in care is at the forefront of all decision making. I’ve always said that strategic partnerships should continue, and I’ve made my expectations clear to officials that they should continue the good work that is being done in this space, if the agreement is working in a positive way to the betterment of children. I also made it very clear in my first reading speech that nothing in this bill prevents Oranga Tamariki from retaining its current strategic partnerships or from entering new partnerships with iwi, hapū, and Māori organisations. In regards to specific recommendations in the select committee report, I want to thank those who made submissions and those who appeared before the committee in person, and I also want to thank the select committee for their careful deliberation and consideration on the bill. I will consider the recommendations and take advice before making any decisions on next steps.

Kahurangi Carter: Why does she not recognise the value of reporting on outcomes and disparities for tamariki Māori, given she has now recognised the need for strategic partnerships?

Hon KAREN CHHOUR: In regards to reporting, we have a number of ways that can be reported on issues in that space. We have a report from the Independent Children’s Monitor in this space, we have the national care standards report that reports on outcomes for Māori and young people and their whānau, we have an annual Oranga Tamariki report that reports in this space, and under section 448B of Oranga Tamariki Act, the Minister for Children is required to report on whether the legislation and Government policy meets the needs of children and young people.

Kahurangi Carter: So does she believe that requiring the chief executive of Oranga Tamariki to consider and report on outcomes for Māori limits the ability to serve tamariki Māori, and, if not, would she also reconsider retaining this 7AA requirement?

Hon KAREN CHHOUR: In regards to the first part of the question, what I think is important for the CE of Oranga Tamariki to concentrate on is making sure that the children that come into the care of Oranga Tamariki are safe, healthy, and loved.

Kahurangi Carter: Will she commit to reconsidering other aspects of this repeal to better reflect select committee evidence, and Whanaketia, and Waitangi Tribunal findings that tino rangatiratanga over kāinga and protection and active partnership must be enshrined in care, and, if not, why not?

Hon KAREN CHHOUR: When it comes to Māori children in care, I can tell you: Māori children are no different to any other child. They want to feel safe, they want to feel loved, and they want to feel like they belong. And they want to know that when they wake up tomorrow, they’re going to be safe.

Kahurangi Carter: Does she accept Dr Luke Fitzmaurice’s select committee submission argument that “There is no clash between tikanga and safety … In reality, the two are intertwined.”, and, if so, how can she go ahead with repealing any aspect of 7AA?

Hon KAREN CHHOUR: No, I don’t disagree, and I’ve never said that the two clash. What I have said is that the safety and wellbeing of children must be first and foremost when we’re making decisions about all children in care. Every child deserves to feel safe and loved.

Kahurangi Carter: Will she admit, now select committee has reported back, that it was a mistake to introduce a bill that would fully repeal section 7AA of the Oranga Tamariki Act, and, if not, why not?

Hon KAREN CHHOUR: As I’ve said, I will consider the recommendations and take advice before making any decisions in the next step. But, no, I stand by my decision, because I’m proud of the fact that we are redirecting Oranga Tamariki back to their core purpose, which is the safety and wellbeing of children.

Parliament Hansard Report – Karakia/Prayers – 001463

Source: New Zealand Parliament – Hansard

WEDNESDAY, 20 NOVEMBER 2024

The Speaker took the Chair at 2 p.m.

TEANAU TUIONO (Assistant Speaker): E te Atua kaha rawa, ka tuku whakamoemiti atu mātou, mō ngā karakia kua waihotia mai ki runga i a mātou. Ka waiho i ō mātou pānga whaiaro katoa ki te taha. Ka mihi mātou ki te Kīngi, me te inoi atu mō te ārahitanga i roto i ō mātou whakaaroarohanga, kia mōhio ai, kia whakaiti ai tā mātou whakahaere i ngā take o te Whare nei, mō te oranga, te maungārongo, me te aroha o Aotearoa. Amene.

[Almighty God, we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests, we acknowledge the King and pray for guidance in our deliberations that we may conduct the affairs of this House with wisdom and humility, for the welfare, peace, and compassion of New Zealand. Amen.]

Parliament Hansard Report – Vistiors — Malaysia—Senate and Tonga—Parliament – 001462

Source: New Zealand Parliament – Hansard

VISITORS

MalaysiaSenate of Malaysia

TongaParliament of Tonga

SPEAKER: I’m sure that members would want to join with me in wishing a welcome to the delegation from the Senate of Malaysia who are present in the gallery. I’m sure we would wish to welcome the Hon Dr Mo’ale ‘Otunuku, member of Parliament from the Parliament of Tonga, who is present in the gallery.

Have your say on the Responding to Abuse in Care Legislation Amendment Bill

Source: New Zealand Parliament

The committee is particularly interested in what people think about what this bill would do, and how it could be improved.

This omnibus bill would make legislative changes to improve safety and wellbeing for children, young people, and adults in care, in response to the report of the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions. The bill would amend the:

  • Oranga Tamariki Act 1989, to authorise universal searches on entry to secure youth justice residences, search plans to be made with children and young people in all secure residences, repeal the ability to undertake strip searches, and clarify the length of time for secure care prior to judicial oversight
  • Children’s Act 2014, to extend the existing workforce restriction on core children’s workers to include convictions for overseas offences equivalent to specified New Zealand offences, and to include offences against children and young people under the Prostitution Reform Act 2003 in the list of specified offences
  • Crimes Act 1961, to explicitly include disability in the definition of a vulnerable adult
  • Public Records Act 2005, to enable earlier re-audit of agencies identified as having low information management maturity, create an ability to require an action plan and time-bound correction of non-compliance, and make clear that Archives New Zealand may undertake its own audits.

What do you need to know?

Written submissions

  • Submissions are publicly released and published to the Parliament website. Only your name or organisation’s name is required on a submission. Please keep your contact details separate, as if they are included on the submission they will become publicly available when the submission is released.
  • If you wish to include information of a private or personal nature in your submission please contact committee staff to discuss your options before you submit.
  • If you wish to speak to the committee about your submission, please state this clearly.

Oral submissions

  • The initial indicative dates for hearing submissions are Wednesday 18 December 2024 and Friday 20 December 2024.
  • The committee will consider travelling to hear oral submissions.
  • Oral submissions will be booked closer to the indicative hearing dates once written submissions have been received.

Arranging additional accessibility and support needs

  • The committee recognises that people may need additional support to engage in the submissions process.
  • Please contact the secretariat to discuss support needs including but not limited to; New Zealand Sign Language interpretation and physical accessibility support.

If you have any questions about your submission or the submission process, please contact the committee staff through the contact details provided on this page.

Tell the Social Services and Community Committee what you think

Make a submission on the bill by 11.59pm on 11 December 2024.

For more details about the bill:

ENDS

For media enquiries contact:

Social Services and Community Committee staff

ssc.legislation@parliament.govt.nz

MIL OSI

Daily progress for Tuesday, 19 November 2024

Source: New Zealand Parliament

Order Paper for Tuesday, 19 November 2024

2.00pm

Introduction of bill

The introduction of the Oranga Tamariki (Responding to Serious Youth Offending) Amendment Bill was announced.

Government motion

A motion acknowledging the anniversary of the Pike River disaster was agreed to. 

Ministerial statement

Hon Chris Penk made a ministerial statement relating to authorisations made under section 9 of the Defence Act 1990.

Oral questions

Twelve questions to Ministers were answered.

Business of the House

A motion to extend the sitting of the House from 9.00 am until 1.00 pm on Wednesday, 20 November 2024 for the following business was agreed to:

  • consideration in committee of the Smokefree Environments and Regulated Products Amendment Bill (No 2) and the Crown Minerals Amendment Bill;
  • the third reading of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill; and
  • the second reading of the Therapeutic Products Act Repeal Bill.

Government business

A motion regarding an extension of authorisations made under section 9(8) of the Defence Act 1990 was agreed to.

The Crimes (Countering Foreign Interference) Amendment Bill was read a first time and referred to the Justice Committee. 

The Disputes Tribunal Amendment Bill was read a first time and referred to the Justice Committee. 

The committee stage of the Smokefree Environments and Regulated Products Amendment Bill (No 2) was completed. 

The committee stage of the Crown Minerals Amendment Bill was interrupted during the debate on Part 1. 

Suspension

The sitting was suspended at 10.00 pm and resumed at 9.00 am on Wednesday, 20 November 2024 for an extended sitting. 

Government business

The committee stage of the Crown Minerals Amendment Bill was completed.

The debate on the third reading of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill was interrupted with 5 speeches remaining.

Adjournment

At 12.58 pm on Wednesday, 20 November 2024 the House adjourned.

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Daily progress for Thursday, 14 November 2024

Source: New Zealand Parliament

Order Paper for Thursday, 14 November 2024

2.00pm

Business statement

Hon Simeon Brown, Deputy Leader of the House, made a statement about the business of the House for the sitting week commencing on Tuesday, 19 November 2024.

Introduction of bills

The introduction of the following bills was announced:

Oral questions

Twelve questions to Ministers were answered.

Government business

The first reading of the Principles of the Treaty of Waitangi Bill was debated.

Suspension

The Speaker suspended the sitting at 4.05 pm to maintain order. The sitting resumed at 4.31 pm.

Government businesscontinued

The Principles of the Treaty of Waitangi Bill was read a first time and referred to the Justice Committee.

The debate on a motion regarding an extension of authorisations made under section 9(8) of the Defence Act 1990 was interrupted.

Adjournment

At 6.01 pm the House adjourned.

MIL OSI

Daily progress for Wednesday, 13 November 2024

Source: New Zealand Parliament

Order Paper for Wednesday, 13 November 2024

2.00pm

Government motion

A motion regarding the death of Sir Robert ‘Bom’ Gillies KNZM was agreed to.

Ministerial statement

Hon Judith Collins made a ministerial statement relating to authorisations made under section 9 of the Defence Act 1990.

Oral questions

Twelve questions to Ministers were answered.

General debate

A general debate was held.

Business of the House

A motion to extend the sitting of the House from 9.00 am until 1.00 pm on Thursday, 14 November 2024 for the following business was agreed to:

  • consideration in committee of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill;
  • the second readings of
  • the Smokefree Environments and Regulated Products Amendment Bill (No 2);
  • the Residential Tenancies Amendment Bill;
  • the third readings of
  • the Contracts of Insurance Bill;
  • the Contracts of Insurance (Repeals and Amendments) Bill; and
  • the second readings of:
  • the Hauraki Gulf / Tīkapa Moana Marine Protection Bill;
  • the Therapeutic Products Act Repeal Bill;
  • the Fisheries (International Fishing and Other Matters) Amendment Bill.

Government business

The Fast-track Approvals Bill was read a second time.

The committee stage of the Building (Earthquake-prone Building Deadlines and Other Matters) Amendment Bill was completed.

The debate on the second reading of the Smokefree Environments and Regulated Products Amendment Bill (No 2) was interrupted with five speeches remaining.

Suspension

The sitting was suspended at 9.56 pm and resumed at 9.00 am on Thursday, 14 November 2024 for an extended sitting.

Government business—continued

The Smokefree Environments and Regulated Products Amendment Bill (No 2) was read a second time.

The Residential Tenancies Amendment Bill was read a second time.

The Contracts of Insurance Bill and the Contracts of Insurance (Repeals and Amendments) Bill were read a third time.

The debate on the second reading of the Hauraki Gulf / Tīkapa Moana Marine Protection Bill was interrupted with seven speeches remaining.

Adjournment

At 1.02pm on Thursday, 14 November 2024 the House adjourned.

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Daily progress for Tuesday, 12 November 2024

Source: New Zealand Parliament

Order Paper for Tuesday, 12 November 2024

 11.30am

Crown apology

The Crown apology to survivors of abuse in care was delivered.

Suspension

The sitting was suspended at 12.19 pm and resumed at 2.00 pm.

Government business

The Responding to Abuse in Care Legislation Amendment Bill was read a first time and referred to the Social Services and Community Committee, to be reported by 14 March 2025.

Adjournment

At 4.00 pm the House adjourned.

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Daily progress for Thursday, 7 November 2024

Source: New Zealand Parliament

Order Paper for Thursday, 7 November 2024

2.00pm

Business statement

Hon Simeon Brown, Deputy Leader of the House, made a statement about the business of the House for the sitting week commencing on Tuesday, 12 November 2024.

Introduction of bills

The following bills were introduced:

  • Principles of the Treaty of Waitangi Bill
  • Employment Relations (Termination of Employment by Agreement) Amendment Bill
  • Copyright (Parody and Satire) Amendment Bill.

Oral questions

Twelve questions to Ministers were answered.

Government business

The committee stage of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill was completed.

The committee stage of the Contracts of Insurance Bill was completed. The bill was divided into the following bills:

  • Contracts of Insurance Bill
  • Contracts of Insurance (Repeals and Amendments) Bill.

Adjournment

At 5.56 pm the House adjourned.

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