Navigating Anti-Corruption and Custom: Electoral Law in New Zealand and Samoa and the Teieniwa Vision

Abstract

This article analyses the feasibility of a united pan-Pacific vision against corruption, focusing on the divergent sociopolitical governance systems of New Zealand and Samoa. It argues that due to the pervasive nature of colonisation, both through direct contact and international relations, a Western standard of morality in democracy has been implemented and enforced. As a result of distinct experiences with colonialism, custom remains a vital part of daily life in Samoa as a post-colonial state, compared to New Zealand's as a settler colonial state. The article contends that whilst recent changes in Samoan electoral law may appear at face value to align with Western moral standards, there exists a deep-seated tension between indigenous and Western concepts, sites and expressions of power. Fa'amatai (the system of chiefs) and Western democratic principles are often at odds with one another, particularly in the realm of electoral law, illustrating the challenge of reconciling two distinct epistemologies. No true amalgam which gives proper effect to both conceptions is possible; rather, one system must prevail over another. Consequently, it implores those considering the anti-corruption movement in Samoa to contemplate the role custom plays in contemporary life, and whether its diminishment to align more closely with Western democracy is genuinely desirable.