Forum chairman Teleiai Edwin Puni. Photo: RNZ / Jesse Chiang
Some elderly Samoans have finally regained New Zealand citizenship after waiting decades, following a bill revoking an old law passing through New Zealand's parliament.
But for many, there's still no pension in sight.
In October 2024, New Zealand passed the Citizenship (Western Samoa) Restoration Amendment Act, restoring a pathway to citizenship to Samoans born between 13 May 1924 and 1 January 1949. Many had theirs stripped under the Citizenship Act 1982.
Pacific leadership forum chair Teleiai Edwin Puni said the long delay has already seen people miss out.
"The restoration of the Samoan cohort of those entitled to be New Zealand citizens took 42 years, and many have passed away," he said.
"That is the hardest part of this exercise - is that many have passed who were denied their right to be New Zealand citizens.
"We have a small number of those who are still alive, and now another hurdle is ahead of them. Coming to New Zealand not knowing what to apply for, what they're entitled to is also another barrier for them to get what they are entitled to."
Members of New Zealand's Samoan Community, including those now eligible for citizenship came to Parliament to watch the bill pass its third reading. Photo: VNP/Louis Collins
He said the ASA Foundation has now stepped in to help.
But gaining citizenship doesn't mean immediate access to New Zealand superannuation.
"The current policy with the pension, you've got to be in New Zealand for 10 years," Teleiai said.
"The Samoan people that have just been granted [citizenship] - they were denied 42 years, but now they have to wait for another 10 years. 50 years - I don't think anyone would still be alive so that itself is a real concern.
"We are hoping that the government of the day will consider looking at that special case.
Teleiai said some of those entitled tocitizenship are still in Samoa and no longer able to travel to New Zealand where they can be entitled to the benefit.
"So it means those in Samoa granted New Zealand citizenship for what? For nothing."
Green Party MP Teanau Tuiono speaks during the First Reading of his Member's Bill, the Restoring Citizenship Removed By Citizenship (Western Samoa) Act 1982 Bill, 10 April 2024. Photo: Johnny Blades
Emma King, from the Ministry of Social Development, confirmed that citizenship in itself doesn't mean someone is eligible for superannuation.
"Applicants also need to meet certain residency requirements."
These include:
- For those who turned 65 before 1 July 2024, they need to have been resident and present in New Zealand for 10 years from the age of 20.
- For those turning 65 after that date, the residency requirement is increasing gradually from 10 to 20 years resident and present in Aotearoa.
- Applicants should have been resident and present in Aotearoa (or its realm countries, or a combination of these) for five years from the age of 50.
- They also need to be a New Zealand citizen, a permanent resident or hold a residence class visa under the Immigration Act.
- Applicants need to be ordinarily resident in New Zealand on the date of application in most circumstances. King said MSD considers a range of factors in each individual case to determine whether a client is ordinarily resident.
King said if an NZ citizen doesn't meet the pension requirements, they may still be eligible for other support. However, a main benefit (such as jobseeker support, sole parent support and supported living payment) also has residency rules.
"Clients are generally expected to be oridnarily resident when they first apply for a benefit and have been living in New Zealand continuously for two years or more since becoming a New Zealand citizen or permanent resident."
Citizens or residents that have not been in NZ for two years may be eligible for an emergency benefit, where they must be ineligible for another benefit and in hardship, as well as ordinarily resident.
She said people who are denied support can challenge decisions. "If they disagree with our decision, they can apply for a review."
Even if they can't access superannuation, anyone aged 65 or older can apply for a supergold card, which offers transport concessions and discounts.
The advocacy on this issue continues. Former New Zealand MP Anae Arthur Anae is campaigning on wider criteria.
"I'm still battling on two things, and that is the recognition of the woman married to these people or the men as well," Anae said.
"I still believe in my heart that New Zealand owes these people 50 percent of their pension if they stay in Samoa, where they want to stay, and have the freedom to travel backwards and forward as they want.
"And these are two issues that I will continue to fight with them, because I believe in it and they're things that are right and should be done."
