Samoan’s bid for N.Z. status fails

Press, 14 August 1978, Page 2

Samoan’s bid for N.Z. status fails

PA Wellington j A Western Samoan: woman who claimed to be a New Zealand citizen was convicted on Friday of over-I staying a temporary permit; to stay in New Zealand. ; Faaosovale Levave. aged 26 .a kitchen hand, was con-j victed by Mr B. J. McKJ, Kerr, S.M., in a reserved decision delivered in the Magistrate’s Court, at Wellington, and becomes subject; to deportation. However, counsel for Levave. Mr Rosenberg, said later that an appeal would b lodged on her behalf on the ground of an error of! Levave’s defence was that' she was a New Zealand citi-, zen and that therefore part two of the Immigration Act, 1 1964, did not apply to her. Mr Rosenberg said the basis of the defence was ihat, section 16 (3) of the British Nationality and New Zealand Citizenship Act, 1948. provided: “A person who was a British subject ■■nmediately before the date! of the commencement of this act shall on that date become a New Zealand citizen if he was born in West-j ern Samoa." Mr Rosenberg said the effect was that a person alive! on the date that the act! came mto force, and who! was born in Western Samoa,, became a New Zealand citi-' zen. I he Magistrate said therei

was no authority to support i the submission that the in-' (habitants of a mandated, and later trust, territory did not; 'take on the nationality of| I the mandatory or trust! (power. He said he accepted • Crown counsel’s submission I (that the defendant’s father I was not a British subject at the relevant time, either by ! descent or naturalisation.

j “Had it been intended that (all persons born in Western I (Samoa and alive as at January 1, 1949. should be re» igarded as British subjects, I the act would undoubtedly (have said so,” said the ' I Magistrate. | Neither did he accept that the provisions of section 3 ! of that act applied retroIspectively to grant British 'subject status.