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Protocol to the Treaty of Friendship between the Government of Western Samoa and the Government of New Zealand [1982] PITSE 3 (21 August 1982)

PROTOCOL TO THE TREATY OF FRIENDSHIP BETWEEN THE GOVERNMENT OF WESTERN SAMOA AND THE GOVERNMENT OF NEW ZEALAND

(Samoa, 21 August 1982)

ENTRY INTO FORCE: 13 SEPTEMBER 1982

Depositary: New Zealand

The Government of Western Samoa and the Government of New Zealand,

REAFFIRMING that their relations are founded upon sovereign equality and continue to be governed by a spirit of close friendship,

RECOGNISING that the special relationship between Western Samoa and New Zealand requires that issues affecting the two countries and their citizens should be resolved on a cooperative basis,

HAVING considered the circumstances under which citizens of Western Samoa could appropriately acquire citizenship of New Zealand,

NOTING that, in accordance with international law and practice, it is for each country to determine under its own law who are its citizens,

RECOGNISING that a country normally grants citizenship only to those individuals having a close and effective link with it,

RECOGNISING further that the ties of history, friendship and law between Western Samoa and New Zealand are such as to give the citizens of Western Samoa a claim to special treatment under the New Zealand law governing citizenship,

HAVE AGREED AS FOLLOWS:

Article I

At the request of either, the two Governments shall consult on any issue relating to the operation of their respective laws governing citizenship and immigration.

Article II

The Government of New Zealand shall:

(a) grant to all citizens of Western Samoa in New Zealand on the date of entry into force of this Protocol the right to become New Zealand citizens immediately upon application;

(b) grant to those citizens of Western Samoa who travel to New Zealand after the entry into force of this Protocol and who, pursuant to the policy and practice implemented by New Zealand prior to 19 July 1982, would have been granted permanent residence status either on arrival in New Zealand or subsequently, the additional right to become New Zealand citizens immediately upon application after acquisition of permanent residence status.

Article III

For the purposes of this Protocol the term 'New Zealand' shall not include the Cook Islands, Niue or Tokelau.

Article IV

This Protocol shall be read with, and form an integral part of, the Treaty of Friendship between the Government of Western Samoa and the Government of New Zealand done at Apia on 1 August 1962.

Article V

This Protocol shall be subject to ratification. It shall enter into force on the date of the exchange of instruments of ratification.

IN WITNESS WHEREOF the representative of the Government of Western Samoa and the representative of the Government of New Zealand, duly authorised for the purpose, have signed this Agreement.

DONE at Apia this 21st day of August 1982

in four originals, two being in the Samoan language, and two in the English language, the texts of both languages being equally authentic.