Citizenship (Western Samoa) Act 1982

1: Short Title and commencement
1: This Act may be cited as the Citizenship (Western Samoa) Act 1982.
2: This Act shall come into force on 15 September 1982.
2: Interpretation
In this Act the term New Zealand
3: Crown bound
This Act binds the Crown.
4: Application
1: Subject to subsections (2) and (3) but without limiting section 7(1)(a)
a: every person—
i: who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and
ii: who, immediately before 1 January 1949, was a British subject by virtue only of having been born in that country; and
b: every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (a) applies; and
c: every person—
i: who is the descendant of a person who was born in Western Samoa on or after 13 May 1924 and before 1 January 1949; and
ii: who was born before 1 January 1949; and
iii: who was a British subject immediately before 1 January 1949; and
d: every female who, on 1 January 1949, became a New Zealand citizen by virtue only of having been married to any person to whom paragraph (c) applies; and
e: every person—
i: who is the descendant of any person to whom any 1 or more of paragraphs (a) to (d) applies; and
ii: who was or is born on or after 1 January 1949.
2: This Act does not apply to any person who is a New Zealand citizen otherwise than by virtue only of being a person to whom any 1 or more of paragraphs (a) to (e) of subsection (1) applies.
3: This Act, except section 8 Passports Act 1980
5: Certain person declared to be New Zealand citizen
Falema'i Lesa of Wellington (being the petitioner in the case of Lesa v The Attorney-General of New Zealand
6: Persons to whom this Act applies not New Zealand citizens
Notwithstanding anything in the Citizenship Act 1977 section 5 section 7 sections 8 to 10
7: Grant of citizenship as of right in certain cases
1: Notwithstanding anything in section 8 section 9
a: that he is a citizen of Western Samoa or a person to whom this Act applies; and
b: that he—
i: was in New Zealand at any time on the day before the date of the commencement of this Act; or
ii: has lawfully entered New Zealand after the commencement of this Act and is entitled, in terms of the Immigration Act 2009 , to be in New Zealand indefinitely
2: Sections 4A 11 12 24 27 28 section 10 Section 7(1)(b)(ii) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 7(1)(b)(ii) amended 1 November 1987 section 151(1) Immigration Act 1987 Section 7(2) amended 17 December 1985 Citizenship (Western Samoa) Amendment Act 1985
8: Certain convictions quashed
1: Where any person to whom this Act applies has been convicted, at any time before the commencement of this Act, of an offence against section 5(1)(a) of the Immigration Act 1964 Part 2 (except section 19A) of that Act
2: No person to whom this Act applies shall be deemed to be a person to whom section 15
3: Without limiting or affecting any privilege, immunity, defence, or justification conferred by any other enactment or rule of law, no person shall be guilty of an offence or liable to any civil proceeding by reason of anything done in good faith to or in respect of any person to whom this Act applies in relation to or arising out of any matter referred to in subsection (1). Section 8(2) amended 29 November 2010 section 406(1) Immigration Act 2009 Section 8(2) amended 1 November 1987 section 151(1) Immigration Act 1987
9: Special provisions relating to parentage
1: For the purposes of determining whether any person is or is not a person to whom this Act applies,—
a: a person shall, in the absence of evidence to the contrary, be presumed to be the father of another person if he is or was married to that other person's mother at the time of that other person's conception or birth:
b: every person whose parents married each other subsequent to his birth but before 1 January 1978 shall be treated as if his parents had been married to each other at the time of his birth.
2: Without limiting subsection (1), for the purposes of determining whether any person, other than a person who was born outside Western Samoa before 1 January 1949, is or is not a person to whom this Act applies,—
a: a person shall, in the absence of evidence to the contrary, be presumed to be the father of another person if his paternity of that other person has been established by 1 or more of the types of evidence specified by section 8
b: a person shall be deemed to be the child of another person if he has been adopted by that other person, either by an adoption order within the meaning of and made under the Adoption Act 1955 section 17
i: the terms father, mother, and parent shall be construed accordingly; and
ii: the person shall be deemed to have been born when and where the adoption order was made: provided that, on the discharge for any reason of the adoption order in accordance with section 20
3: References to the status or description of the father or mother of a person at the time of that person's birth shall, in relation to a person born after the death of his father or mother (as the case may require), be construed as referring to the status or description of the father or mother at the time of his or her death.
4: Where the relevant parent died before, and the person was born on or after, 1 January 1949, the status or description that would have been applicable to the parent had he or she died on or after 1 January 1949 shall be deemed to be the status or description applicable to him or her at the time of his or her death.
5: Where the relevant parent died before, and the birth occurred on or after, 1 January 1978, the status or description that would have been applicable to the parent had he or she died on or after that date shall be deemed to be the status or description applicable to him or her at the time of his or her death.
6: Without limiting the foregoing provisions of this section, for the purposes of determining whether any person is or is not a person to whom this Act applies, the status of any person at any material time shall be determined in accordance with the rules of law that applied, or were subsequently deemed to have applied, at that time.
10: Citizenship Act 1977 consequentially amended
Amendment(s) incorporated in the Act(s)
11: Act in force in Tokelau
This Act shall be in force in Tokelau.