New Zealand Administration 1920-1948:
Legislative Council and Fono a Faipule
The Legislative Council was created on 1st of May 1920, constituted
under the Constitutional Order 1920 which consisted of the Administrator
of Samoa, four official Members of the Samoa Public Service and four
unofficial members selected by the Governor General of New Zealand. The
first Fono a Faipule was established by the Samoa Amendment Act 1923,
while is was statutorily recognised and enabled Samoan representations,
selection of Members were made by the Administrator alone. The main role
of the Fono a Faipule was to examine matters that relate to the affairs
and welfare of Samoa and Samoans alone and make recommendations to the
Administrator. In 1939, the Fono a Faipule was reconstructed under the
Faipule Election Ordinance 1939, now consisting of forty one (41)
representatives being Matais from each traditional constituencies
elected by Matai and appointed by the Administrator. With this, the
Fono a Faipule was known as the Upper House and Legislative Council
being the Lower House both headed by the Administrator of Samoa.
United Nations System of Trusteeship and Abolition of Legislative Council
When the New Zealand Administration placed Samoa under the Trusteeship
System, the aim was to prepare Samoa for self-government and independence.
In 1946, a Fono consisting of all Samoans notified a Petition that Samoa
gain immediate indepence and New Zeland acts as protector, to this the
New Zealand Administration called for a Special Mission by UN Trusteeship
Council. As a result, this mission, the Samoan Amendment Act 1947 was
enactedwhich established a Council of State which consisted of the Fautua,
Fono a Faipule and Legislative Assembly (replacing the abolished
Legislative Council) which members included Council of State, eleven (11)
Samoan members, five (5) European Members and six (6) offical members.
The functions of the Assembly was to enact laws and handle national finances.
Constitutional Conventions of 1954 and 1960
On the 10th of November 1954, the High Commissioner of New Zealand
called a Constitutional Convention to meet at Mulinu’u under the
guidance of the United Nations. The main aim of the 1954 Constitutional
Convention was to hand over the oppourtunity to the people of Samoa to
decide on they would be governed and a form of self-governing authority for the future.
A Constitutional Convention Ordinance 1960 required a draft of the Constitution
of Samoa by the selected Committee and be presented in a Constitutional Convention.
The Convention met at Mulinu’u between the months of August and October on 1960 to
deliberate on the draft and to create the main provisions for the Constitution of
Samoa. As a result, the Constitution of the Independent State of Samoa was adopted
and became the superior law of the state. The Constitution also laid out the foundation
and functions of the Parliament of Samoa by establishing it as the law making authority
of the country enacting and creating laws.