Draft Minutes of the Council General Assembly held on 22 September 2008 Edgewater Hotel, Rarotonga

Present: Mr Vidhya Lakhan, President PGC Mr Jim Tobin, Vice President PGC Mr David Boyd, Secretary-General PGC Mr John Tierney, Treasurer PGC Mr Rick Blas, Immediate Past President PGC Mr Andrew Minogue, Executive Director PGC Sir John Dawanincura, Past President PGC & Secretary-General, Mr Ken Tupua, Secretary General, American Mr Tiki Matapo, President, Cook Islands & Chairman, 2009 Ms Rosie Blake, Secretary General, Cook Islands Mr George Paniani, Senior Vice President, Cook Islands Ms Ina Marsters, Vice President, Cook Islands Mr Robert Wyllie, CEO, Cook Islands Mr Robert Graham, Cook Islands Mr Atma Maharaj, Secretary General, Mr Patrick Bower, Chef de Mission, Fiji Ms Anita Blas, CEO, Mr Kenneth Kramer, President, Marshall Islands Mr Charles Cali, President, Mr Jean Marc Domergue, Secretary-General, New Caledonia Mr Laurent Cassier, Chef de Mission, New Caledonia Mr Michel Quintin, Executive Director, New Caledonia Ms Marie Coste, New Caledonia Mr Desmond Hipa, President, Mr Michael White, President, Northern Marianas Ms Joy Evans, Chef de Mission, Mr Stan Walker, Chef de Mission, Papua New Guinea Mr Adrian Genolagani, Legal Adviser, Papua New Guinea Ms Baklai Temengil, Secretary General, Mr Seiuli Peni Asi, CEO, Samoa Mr Golden Manumoana Kiloko, Acting Secretary-General, Mr Andrew Nori, Sports Council, Solomon Islands Mr Tauhiti Nena, President, Tahiti Mr Jean Suenko, Swimming Federation, Tahiti Mr Joël Degage, Bowls Federation, Tahiti Mrs Samakia Ngatoko, Delegate, Lord Tevita Tupou, President,

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Mr Takitoa Taumoepeau, Secretary General, Tonga Mr Nakibae Kitiseni, Secretary General, Mr Manuele Tuia, President, Wallis & Futuna Mr Valentino Polelei, Secretary-General, Wallis & Futuna Mr Tuivai Petelo, Director of Youth & Sports, Wallis & Futuna Mr Suliano Likiliki, Chef de Mission, Wallis & Futuna Mr Franck Maitre, Treasurer, Wallis & Futuna

Observers: Ms Donye Numa, Office of the Prime Minister, Cook Islands Mr David Lobb, CEO, Pacific Mini Games 2009 Mrs Theresa Noavao, Village Director, Pacific Mini Games 2009 Ms Pascale Bastien-Thiry, President, New Caledonia 2011 Mr Philippe Le Poul, Executive Director, New Caledonia 2011 Ms Helene Wabeth, Protocol Director, New Caledonia 2011 Ms Estelle Care, Marketing Director, New Caledonia 2011 Mr Jean Bernard Fukui, Sports Committee PGC, Sports Director New Caledonia 2011 Ms Yvonne Mullins, Sports Committee PGC, Olympic Sports Federations of Oceania Mr Richard de Groen, Federation

Apologies: Mr Dennis Sterling, President, Norfolk Island Mr Milton Bradley, Secretary-General, Norfolk Island The Hon Vaeolenofoafia Tapasu Leung Wai, President, Samoa Mr Joe Carlo, President,

Not Present: Vanuatu

1. CALL TO ORDER

Vidhya Lakhan, President (Chairman), called the General Assembly to order at 9.05am and welcomed all those present, including Tiki Matapo, the President of the host PGA, and previous Presidents of the Council, Ricardo Blas and Sir John Dawanincura. At the request of the Chairman, the Reverend Ken Tupua () led the General Assembly in prayer.

2. OFFICIAL OPENING

David Boyd (Secretary-General) announced that Kiribati, Nauru, and Vanuatu were not present. He noted that several PGAs had outstanding affiliation fees which needed to be resolved with the Treasurer by the morning tea break.

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The Chairman announced that with 19 of the 22 PGAs present, the meeting had the necessary quorum and was thus declared open.

Andrew Minogue (Executive Director) outlined the papers which had been circulated to delegates prior to the meeting.

The Chairman asked the General Assembly to remember two members of the Pacific Games family who had passed away recently: Mr John Macdonald (Samoa) and Mr James Laore (Solomon Islands).

3. ADDRESS BY COOK ISLANDS PGA PRESIDENT, TIKI MATAPO

The Chairman then invited the President of the host PGA (CISNOC), Tiki Matapo, to address the meeting.

Tiki Matapo officially welcomed delegates to the Cook Islands. He said the whole country was aware of the meeting and the presence of the Council in Rarotonga, and was very supportive of the Pacific Mini Games. The Cook Islands was working very hard to ensure the success of the 2009 Pacific Mini Games and he hoped that all delegates would be pleased with the state of preparations.

He wished the Chairman and all Council delegates a successful General Assembly.

4. ADDRESS BY PGC PRESIDENT VIDHYA LAKHAN

The President welcomed all of the delegates and special guests and thanked Tiki Matapo and the Cook Islands PGA (CISNOC) for making all of the arrangements for the General Assembly.

The President said the Council was delighted to be in Rarotonga for the General Assembly, where the objectives were to discuss sport and the progress made by the Council since the in Samoa.

Since the last General Assembly in 2007, the Council had made great progress but there was a lot more work to do. There was a new Executive Director on board, the first in the Council’s history, and the Council had opened its office in Noumea. The Council was grateful to the New Caledonia PGA for providing the office space for the Council on a free of charge basis.

The Charter Review Committee (CRC) had met twice and produced a report to be debated later in the day. Many submissions were received from PGAs, International Federations, and the Samoa 2007 Organising Committee. These submissions were reviewed by the CRC and its report was sent to all PGAs in June. The report had been

3 evaluated by the Executive Board. The President thanked CRC Chairman Lord Tevita Tupou and all the members of the Committee for their work.

The Sport Committee had reviewed the Sport Program following the 2007 South Pacific Games in Samoa as mandated by Article 22.6 of the Charter. The Sport Committee also considered proposals from PGAs, International Federations and Organising Committees to amend some of the Regulations. The President thanked Sport Committee Chairman Jim Tobin and the other members for their efforts.

The President advised that the Marketing Committee under John Tierney’s Chairmanship had been very active over the past year. There would be marketing proposals put to the General Assembly that the President urged all PGAs to support in order to benefit all of the membership. The future for marketing the Pacific Games looked very promising. A memorandum of understanding would be signed with New Caledonia 2011 to finalise marketing arrangements for those Games. The President said the Council needed the support of all PGAs to be a partner in the program.

Finally, the President once again thanked Tiki Matapo, the CISNOC staff and PMG2009, for looking after the Council so well in the days leading up to the General Assembly.

5. MINUTES OF THE PREVIOUS GENERAL ASSEMBLY, APIA, 2 SEPTEMBER 2007

The Chairman asked if there were any corrections to the minutes from the 2007 General Assembly. There being none, Tonga moved that the minutes were a true record of the 2007 General Assembly. The motion was seconded by Papua New Guinea and passed unanimously.

6. BUSINESS ARISING FROM THE MINUTES

The Chairman asked that the minutes be reviewed page by page for any business arising:

Page 7 Sir John Dawanincura (Papua New Guinea) asked for an update on the suggestion from Kiribati that “responsibility in the distribution of sports results to be reviewed by the new EB and to make recommendations at the next Assembly and to the next Organisers”.

The Chairman advised that the Executive Board had not taken specific action on this item. Results from the 2007 South Pacific Games in Samoa were available electronically, on line, and in hard copy and worked well.

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Sir John Dawanincura (Papua New Guinea) asked for an update on the suggestion from Papua New Guinea that the Charter Review Committee “makes proposals to this Council to adopt standing orders so that we can conduct meetings to the Standing Orders.”

The Chairman advised that the Charter Review Committee had not advised on this matter and therefore no action was proposed to be taken at this time. The Chairman advised Papua New Guinea to send the Executive Director a copy of the proposal.

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Sir John Dawanincura (Papua New Guinea) asked for an update on the suggestion from Samoa that “there should be a challenge fee and also the Disputes Tribunal should meet in person rather than do business over the phone. “

The Chairman advised that a fee for challenges was in the proposed Charter amendments to be considered at this General Assembly. In terms of the Disputes Tribunal, the Council wished to conduct as much business by phone as possible in order to keep costs down. The new Disputes Tribunal had not been appointed yet, but consideration would always be given to those who would be attending the Games so as to ensure the ease of meeting in person at Games time.

Sir John Dawanincura (Papua New Guinea) asked for an update from the suggestion from Fiji that to uphold the integrity of the Charter and provide a level playing field, uniform standards be made consistent where an International Federation’s rules are silent on the use of branding on clothing.

The Chairman advised that this was an area that would be incorporated in the Council’s proposed memorandum of understanding arrangements with each International Federation.

There was no other business arising from the minutes.

7. EXECUTIVE BOARD REPORT

The Executive Director advised that the Executive Board had met three times since the 2007 General Assembly in Samoa: Noumea November 2007, Nadi March 2008, and in Rarotonga on 21 September 2008.

The main items of business for the Executive Board over the past year had been the review and oversight of:

 the Charter Review Committee process;  the work of the Sport Committee; and  the proposals from the Marketing Committee. 5

In addition, the Executive Board had also been busy finalising:

 the establishment of the Council office in Noumea  new Council logo proposals; and  its Host Agreement with Cook Islands

8. EXECUTIVE DIRECTOR REPORT

The Executive Director updated the General Assembly on his activities since assuming the position in November 2007, specifically:

 Assisting the Executive Board and the three Committees (Charter Review, Sport, Marketing);  Finalising matters from the 2007 South Pacific Games in Samoa and assisting Samoa with Games legacies;  Opening the new Council office in Noumea; and  Establishing priorities for the year ahead.

The Chairman moved that the Executive Board Report and the Executive Director Report be adopted. The motion was carried unanimously.

9. CHARTER REVIEW COMMITTEE REPORT

The Chairman invited Lord Tevita Tupou, the Chairman of the Charter Review Committee (CRC) to address the meeting.

Lord Tevita Tupou noted that the CRC met in Auckland in December 2007 and again in Nadi in March 2008. Its other members were Sir John Dawanincura (Papua New Guinea), Tina Browne (Cook Islands), Michael White (Northern Marianas), and Charles Cali (New Caledonia).

Lord Tevita Tupou commended the report’s contents to the General Assembly. He noted that the draft Charter which was circulated to all members in June and again at this General Assembly incorporated all of the proposed changes recommended by the CRC.

Lord Tevita Tupou said there were many sound recommendations which the CRC agreed unanimously on, and these should be adopted by the Council. However, on the main issue of eligibility, there was not a consensus. He recounted how at the ONOC General Assembly in March there was a suggestion from ONOC President Kevan Gosper that a tripartite commission (PGC, ONOC, and OSFO) be formed to fully discuss this issue. He favoured this idea but noted that this meeting did not occur.

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The Chairman noted that such a meeting was originally proposed to be held in Nadi, then it was switched to Noumea in late May to coincide with a jubilee football match, but he was the only person who travelled to Noumea. The Council would be more than happy to deal directly with OSFO on this issue and did not need a third party to act as an intermediary. However if OSFO wished to organise such a meeting through ONOC, the Council would participate.

Sir John Dawanincura (Papua New Guinea) said that the Council could manage the eligibility issue itself. He also asked if the CRC report had been translated into French. The Chairman advised that it had not, but that the French speaking PGAs seemed comfortable with understanding the report.

Charles Cali (New Caledonia) agreed with the Chairman but noted that the updated Charter arising from the General Assembly would need to be carefully translated because the Games in 2011 and 2013 would be held in French speaking territories. He noted that there were currently discrepancies between the English and French versions of the Charter and cited the example of (Doubles) which did not appear in the French version.

The Chairman suggested that the revised Charter would be sent to New Caledonia for translation, and also to the IOC’s Translation Department so that a comparison could be made for accuracy.

The Chairman adjourned the meeting at 9.50am for an early morning tea in order to allow all PGAs to become financial as voting on the CRC recommendations was set to commence.

The Chairman reconvened the meeting at 10.20am.

The Secretary-General advised that all 19 PGAs present were financial and as per Article 13.1(a) of the Charter, they each had two votes. As per Article 13.1(c), each of the 5 members of the Executive Board would have one vote.

The Secretary General advised that with a total of 41 eligible votes (18 PGAs multiplied by two; plus 5 Executive Board votes), 28 would be needed for the two-thirds majority necessary to pass amendments to the Constitution (Articles) as per Article 29.1. As per Article 16.2(e), a simple majority of 21 votes would be required to carry proposed amendments to the Protocols/Regulations.

The Chairman asked the Executive Director to guide the General Assembly through each proposal page by page, noting both the proposed change recommended by the CRC and the Executive Board’s recommendation on each item.

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Michael White (Northern Marianas) moved that the General Assembly vote on all proposals en bloc rather than voting amendment by amendment as it was likely to take a great deal of time to go through each amendment separately. The motion was seconded by Papua New Guinea.

The Chairman stated his preference to vote amendment by amendment. An amended motion to this effect was moved by Tonga and seconded by Solomon Islands.

Lord Tevita Tupou (Tonga) stated that the meeting did not need to discuss every page of the Charter, only those pages to which amendments had been proposed. Each deserved separate discussion.

The amended motion was put to the meeting and carried 24 – 5.

Ken Tupua (American Samoa) asked that only one person per PGA cast the vote in order to enable the clear and unambiguous counting of votes.

The Chairman agreed and indicated that country name placards be raised when voting.

The Executive Director then proceeded with the discussion of the proposed amendments:

Page 1, Cover Page Update the notation of the most recent amendment to the Charter: Rarotonga 22 September 2008. Carried unanimously.

Page 2, Table of Contents Delete typographic error. Carried unanimously.

Page 4, Article 2 Add new Article 2.8 “To promote Pacific values...” Carried unanimously.

Page 5, Article 4 Delete references to individual sections of the Charter and mention simply the “Council Charter”. Carried unanimously.

Page 10, Article 16.2 Add to Executive Board powers the ability to confirm Sport program for each edition of the Games. Carried unanimously.

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Page 11, Article 17 Replace may with shall in respect to granting meritorious awards. Carried unanimously.

Page 12, Article 18.2 Addition of OSFO representative onto Council’s Sport Committee. Carried unanimously.

Page 16, Article 24.4 (Includes Page 74, Regulation 19) Delete some unnecessary text and move two “clothing” sentences into Regulation 19. Carried unanimously.

Page 17, Article 25.1(d)(i) Re-introduce ‘expatriates’ as eligible athletes.

Andrew Nori (Solomon Islands) requested that the definition of ‘citizen’ be changed.

The Chairman dismissed this motion on the grounds that any proposed amendment to the Charter must be submitted by a PGA 90 days before the General Assembly in accordance with Article 29.2.

Lord Tevita Tupou (Tonga) moved that this issue of eligibility be dealt with after all other amendments had been considered as this item was the most contentious.

The Chairman, after seeking advice from the floor, noted that the overwhelming desire of delegates was to deal with this matter immediately and not to postpone it until the end of the agenda item.

The Chairman noted that the Executive Board did not support this proposed amendment to the Charter. He noted that local athletes could be displaced by expatriates and cited the example of African athletes running for countries in the Middle East as an unhealthy development, and one which the Pacific Games should not allow. He advised that it was safer to stay with the current Charter provisions as adopted in Samoa in 2006, than risk changing them, especially when the CRC was clearly divided on this proposal.

Atma Maharaj (Fiji) moved that the Executive Board’s recommended position be adopted by the General Assembly.

Ken Tupua (American Samoa) moved that an amended motion supporting the CRC’s recommendation.

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Michael White (Northern Marianas) said the Council should control this issue and not be pressured by the IOC or International Federations. He supported the CRC recommendation.

Stan Walker (Papua New Guinea) spoke in favour of the CRC recommendation, noting that as an Australian citizen he found it extremely difficult to obtain a PNG passport. But PNG was his home and he should be able to be considered for selection to participate in the Pacific Games.

Charles Cali (New Caledonia) agreed with both Northern Marianas and Papua New Guinea.

Lord Tevita Tupou (Tonga) stated that as CRC chairman it was difficult for him to speak on this issue but he noted that each PGA consisted of affiliated national federations who themselves were affiliated with International Federations. The Council risked a head-on collision with the International Federations by allowing expatriates to compete and cited the example of FIFA withdrawing Football from the .

Andrew Nori (Solomon Islands) noted that while many expatriates come and go from a country, there was a group of expatriates who developed very deep ties and interchanged their skills with the local population. This should be encouraged.

Ken Tupua (American Samoa) noted a recent census in his country where nearly 50% of residents come from Samoa. They played sports. Without their possible inclusion in the Pacific Games, American Samoa would lose half of its pool of eligible athletes.

Atma Maharaj (Fiji) stated that the current Charter was as close to “international best practice” as was possible. It was likely that more Pacific Games events would be used as a qualification path for World Championships or – citing the Football tournament (Oceania qualifiers for South Africa 2010 World Cup) in Samoa as an example. If the CRC recommendation was agreed, there was a risk these events at the Pacific Games may not be able to be used as a qualification pathway to larger events.

Rick Blas (Immediate Past President) said the real issue in this debate should be about taking steps to prevent PGAs from bringing in athletes from overseas in order to win medals. Guam could enlist US military personnel but they do not do so. He wanted his PGA to compete against Fijians, Tongans, and Samoans etc, not against Australians, Americans or other foreign citizens. This was the core issue.

The Chairman then moved that the CRC recommendation be put to the vote.

With 14 votes in favour, the motion did not reach the necessary two-thirds majority and thus lapsed.

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Page 17, Article 25.1(d) (ii) Codify which was the applicable passport in the 10 members who are ‘territories’.

Joy Evans (Norfolk Island) stated that as Norfolk Island was an external territory of Australia, receiving no funding and with its own flag and local Assembly, it would be unfair to exclude the many Norfolk Islanders with New Zealand passports.

Lord Tevita Tupou (Tonga) suggested that the applicable passport for Norfolk Island could be amended to include Australia or New Zealand.

Stan Walker (Papua New Guinea) supported the Norfolk Island position.

Sir John Dawanincura (Papua New Guinea) noted that with expatriates having been disallowed from competing, the question now arose as to whether a New Zealand passport holder living in Norfolk Island should be considered an expatriate.

Seiuli Peni Asi (Samoa) moved an amendment to the motion asking that the Council needed to establish the clear lines of sovereignty in Norfolk Island before agreeing to the motion and that a decision be deferred until the Council had more information on the exact relationship between Australia/New Zealand Norfolk Island.

The amendment was seconded by Guam.

The Chairman stated that he was in favour of retaining just “Australia” as the applicable passport for Norfolk Island at this stage subject to further research.

The amended motion, as supported by the Chairman, was carried unanimously.

Page 17, Article 25.1(d) (ii) Addition of allowing an International Federation’s eligibility rules ‘under specific circumstances’.

The Chairman indicated that the Executive Board did not approve of this recommendation.

Lord Tevita Tupou (Tonga) spoke in favour of the recommendation, citing the argument that this situation already existed. In Rugby 7’s at the 2007 South Pacific Games in Samoa, the International Rugby Board warned its member national federations not to select players who were not eligible under IRB rules. Football did much the same in 1999 during the South Pacific Games in Guam. This proposal gave the Council the necessary flexibility to manage these situations.

Charles Cali (New Caledonia) said “under specific circumstances” was not defined clearly enough and as such he could not support this proposal.

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Atma Maharaj (Fiji) agreed with New Caledonia and stated that because International Federations had varying eligibility rules such a proposal could lower the standards of the Pacific Games.

Sir John Dawanincura (Papua New Guinea) agreed with New Caledonia and Fiji that this proposal should be rejected.

The Chairman said that FIFA tried to organise a separate Football tournament (outside the South Pacific Games) in 1999 and had failed. Since then, the 2007 South Pacific Games in Samoa were played under the Council’s eligibility rules and FIFA agreed to allow it. FIFA issued the same type of dispensation during the . This showed it was possible for the Council to have its own eligibility rules respected by the International Federations.

The Chairman asked for a show of hands in support of the CRC recommendation.

It having failed to reach a two-thirds majority, the proposal lapsed.

Page 18, Article 25.2 Delete OC, substitute PGC. Carried unanimously.

Page 18, Articles 25.4-10, (Includes Page 33 : Protocols 7.8, 7.10, 7.17 & Page 58 : Regulation 9.A.5)

Compression of the entry by number (12 months to 6 months) and entry by name (90 days to 60 days) and disputes resolution timelines; ban on late entries added to the Articles; bonds and penalties codified for PGA challenges to eligibility; codifying evidence of residency.

Michael White (Northern Marianas) spoke in support of considering these proposals together and explained how the CRC wished to make the entries deadline friendlier to PGAs and to tighten up the disputes and challenges process where the 2007 South Pacific Games in Samoa had highlighted many abuses by PGAs.

The Chairman stated that the Executive Board recommended the adoption of all of these proposals with three additions:

 “at the close of entries” rather than “at that time” in Article 25.6;  “by the challenging PGA to the PGC” after the words “must be posted” in Article 25.7; and  “to the PGC” after the words “$100 penalty payable” in Article 25.7.

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Stan Walker (Papua New Guinea) stated that the words “where appropriate” should be included after “shall include” in Article 25.9 (evidence of residency).

The Chairman moved that these recommendations, with the additional wording proposed by Papua New Guinea and the Executive Board, all be adopted.

The motion carried unanimously.

Desmond Hipa (Niue) asked if these provisions would apply to the 2009 Pacific Mini Games where Entry by Numbers information had fallen due on 21 September.

The Chairman said these provisions, having been approved, would be enforced for the Pacific Mini Games in 2009.

Page 19, Article 27.A.1(c) Replace “Council” with “Executive Board” with respect to intellectual property rights. Carried unanimously.

Page 22-23, Article 28.5, 28.7, 28.12 Amendment of three Disputes Resolution clauses.

The Chairman indicated that the Executive Board:  agreed with the amendment of Article 28.5 (removal of wording that the decision of the Disputes Tribunal in an appeal from a Jury of Appeal shall be final);  did not agree with the proposed change to Article 28.7 which proposed to ensure Disputes Tribunal decisions would be final; and  agreed to the proposed change to Article 28.12 (where appeals to the Court of Arbitration for Sport “CAS” do not stay the original Disputes Tribunal finding) but proposed the deletion of the proposed words ”upon payment of a $100 fee” because the Council did not need to concern itself with the quantum of fees levied by CAS.

Lord Tevita Tupou (Tonga) asked why the CRC’s recommended wording of Article 28.7 had not been endorsed by the Executive Board.

The Chairman indicated that the proposed revision of Article 28.7 appeared to be inconsistent with Article 28.12. A right of appeal needed to be kept available where the Disputes Tribunal was not chaired by a member of CAS.

Lord Tevita Tupou (Tonga) then asked whether one member of CAS sitting on the Disputes Tribunal should be considered sufficient to disallow further appeals.

Sir John Dawanincura (Papua New Guinea) agreed with this view and said that one CAS member was not representative of the whole of CAS. He suggested that terms of

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The Chairman responded that one member of CAS on a Disputes Tribunal was sufficient in many instances in international sport and the Pacific Games should be no different in that respect.

Rick Blas (Immediate Past President) agreed with the Chairman and said that it was commonly accepted for single members of CAS to settle disputes.

The Chairman then moved that Article 28.5 be amended, Article 28.7 not be amended, and Article 28.12 be amended but with the deletion of the proposed wording “upon payment of a $100 fee”. The motion passed unanimously.

Page 23, Article 29.6 Add words “or directly by the decision of the General Assembly” Carried unanimously.

Page 23, Article 29.7 Require Executive Board to explain to the Council any reasons for not endorsing amendments proposed by PGAs to the Protocols or Regulations. Carried unanimously.

Page 25, Article 33 Dollars refer to “United States Dollars” Carried unanimously.

Page 30, Protocol 1.13 Revised Hosting fees for Pacific Games ($20,000) and Pacific Mini Games ($10,000) Carried unanimously.

Page 33, Protocol 7.9 $1,000 penalty for non-entries payable to PGC and then transferred to OC if host can demonstrate financial loss. Carried with one vote against: Northern Marianas.

Page 34, Protocol 9.1 (Include Page 64, Regulation 12.1.1) Add “with best endeavours” to Village guidelines. Carried unanimously.

Page 39, Protocol 18.1 Empower Executive Board to enter agreements with International Federations. Carried unanimously.

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Page 47, Regulations Contents Add Regulation 21 Awards to table of contents. Carried unanimously.

Page 61, Regulation 11 Delete High Commissioner accreditation category and add Transferable Guest Accreditation. Carried unanimously.

Page 64, Regulation 12.1.3 Delete word “PGAs” and replace with “city” Carried unanimously.

Page 73, Regulation 15 International Categories of Sponsorship

The Chairman said the Executive Board wished to retain the Sportswear category but agreed to delete the wording “for the relevant OC and host Team” Carried unanimously.

Page 82, Regulation 21 Awards criteria

The Chairman said the Executive Board agreed with the criteria for merit awards but recommended the deletion of the criteria concerning service to a PGA.

Andrew Nori (Solomon Islands) asked whether the word “shall” should be replaced by “may”.

Lord Tevita Tupou (Tonga) agreed with this suggestion.

The Chairman said the Executive Board was satisfied with the present draft, except for one of the criteria, and asked that this be supported by the meeting.

Carried unanimously.

That being the last item under consideration from the Charter Review Committee, the Chairman thanked the General Assembly for its decisions and once again thanked the CRC for its work. He said the revised Charter would be translated both in New Caledonia and also by the IOC to ensure consistency. He adjourned the meeting at 12.30pm for lunch and a group photograph at 1.30pm.

The Chairman reconvened the meeting at 1.45pm and thanked Tiki Matapo and CISNOC for hosting lunch and for arranging the Council photograph.

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10. FINANCIAL REPORT

John Tierney (Treasurer) referred to the 2007 Financial Statements which were distributed, including a four year budget projection. He drew delegates’ attention to the auditor’s report, which offered an ‘unqualified opinion’ of endorsement of the accounts.

The Treasurer went through each page of the report detailing the main items, including the end of 2007 year surplus of $26,000, assets of $400,000, and net equity of $114,000.

The Treasurer discussed the non-participation penalties from the 2007 South Pacific Games, as per Protocol 7.9. He said pro-forma invoices were circulated to 18 PGAs dated 30 September 2008, meaning these invoices were not included in the 2007 Financial Statements. He announced that the Executive Board had resolved that Protocol 7.9 should not apply to the 2007 South Pacific Games.

The Treasurer said Wood & Co had been appointed for another 12 months to audit the 2008 Financial Statements. With the Executive Director now in Noumea, a search would begin for a new auditor for 2009. He noted that Wood & Co had effectively provided their services on a pro bono basis, and this would be difficult to obtain elsewhere.

The Treasurer outlined future revenue streams including an increase in hosting fees, the annual $25,000 grant from ONOC, and the final instalment of approximately $80,000 due in early 2009 from the New Caledonia Government.

The Treasurer stated that only a percentage of the regional marketing fees pertaining to the sale of category rights had been brought into the forward budget estimates at this stage. Revenue from the Joint Marketing Program had not been brought into the budget estimates yet.

The revenues from the sale of category rights would be used to secure the future of the Council Secretariat and thereafter be used to offer some tangible benefits to PGAs, including the possibility of addressing costs such as PGA annual subscriptions, PGA athlete entry fees, and General Assembly travel costs. These were ideas only at this stage, but would be included in the Business Plan 2009-2012 which would be prepared for the 2009 General Assembly.

The Treasurer moved a motion to adopt 2007 audited accounts.

This was seconded by Samoa, and unanimously carried.

Michael White (Northern Marianas) stated that the rate of interest on the cash deposits seemed to be very low.

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The Treasurer agreed stating this reflected the current situation with the US dollar and the low rate of interest on deposits held in US currency. He noted that the Council now had a bank account in New Caledonia and that it could now examine whether higher earnings were available there.

The Treasurer moved a second motion in support of the Executive Board’s recommendation to suspend the application of Protocol 7.9 for the 2007 South Pacific Games. This was carried unanimously.

11. MARKETING COMMITTEE REPORT

John Tierney (Treasurer, Chairman Marketing Committee) circulated the Marketing Committee’s report to the General Assembly.

He thanked those PGAs which participated in the Marketing Seminar on 20 September which had discussed the regional marketing concept.

The Treasurer noted that agreement had been reached with the New Caledonia 2011 Organising Committee (NC2011) for a Joint Marketing Program across four categories (soft drinks, automobiles, computers, timing) and that the other eight categories owned by the Council (under Article 27 and Regulation 15 of the Charter) had been sold back to NC2011 for a $500,000 fee. He noted that agreement with the Cook Islands 2009 Organising Committee (PMG2009) was in the final stages of approval with the sale-back fee for all twelve categories set at $100,000.

He said each of the four regional categories was a high priority, and hoped that formal contractual offers to PGAs would be forthcoming. It was anticipated that all PGAs would benefit in some way, with contractual amounts per PGA dependent upon such economic factors as market sizes, GDP (national income), and individual sponsor negotiations.

The Treasurer asked all PGAs to offer their support for the Joint Marketing Program and to speak positively back home about the potential market value of these categories. He proposed the following motion:

“That this Assembly approves the Regional Marketing Program and each PGA agrees to participate in the program with each category sponsor with a view to completing sponsorship contracts between the PGC, OC and individual PGAs.

It is noted that the PGAs agree to the PGC negotiating with prospective sponsors on the understanding that each PGA will be formally presented with individual sponsor proposals for each of the four categories, detailing obligations to the sponsors, PGA share of revenue, terms and conditions as contained in an offer and accompanied by a contractual agreement”.

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Sir John Dawanincura (Papua New Guinea) said he had reservations over a potential conflict of interest in two of these categories and therefore he would require the approval of his PGA’s Executive Board to support this motion. The motion should be amended to allow PGAs to take this matter back to their own respective Executive Boards for approval.

The Treasurer replied that this was not necessary as the resolution only allowed the Council to negotiate with sponsors on behalf of PGAs and that any final agreements for selling marketing rights in a PGA’s territory would of course require the PGA’s involvement in the negotiations and hence their approval. At that point, PGAs would have the right to opt in or out of the regional program.

Stan Walker (Papua New Guinea) reiterated that he would require the support of his PGA’s Executive Board in order to agree to this motion.

Anita Blas (Guam) said this proposal appeared to be similar to the IOC TOP sponsorship program; where NOCs were presented with specific proposals and they were free to agree or otherwise.

The Chairman said that was correct, but the Council had not yet developed a formula on how revenues would be shared because it was premature to do so without having commenced negotiations with potential sponsors.

The Treasurer affirmed that this resolution simply asked PGAs to express an interest in a positive sense to allow the Council to proceed with a regional marketing program. The formal offer for PGA approval would come at a later stage.

Rosie Blake (Cook Islands) said this was a very exciting development and it had her full support.

Rick Blas (Immediate Past President) agreed that it was a very good initiative and urged all PGAs to support it through a positive consensus.

Des Hipa (Niue) said that as a non-NOC he was very supportive of this concept.

Andrew Nori (Solomon Islands) had no hesitancy in supporting the concept and said that Solomon Islands would be pleased to consider any contractual offers at a later stage. The Chairman said delegates now had the scenarios in front of them. There was a total of $600,000 from the two Organising Committees on the table. PGAs would be provided with contractual offers in due course and they were free to accept or reject them at that time. The Council wanted unanimous support for this proposed marketing program to proceed.

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The Chairman put the resolution to a vote, where all delegates supported it except Papua New Guinea which abstained.

The Chairman asked the Treasurer to immediately consult Papua New Guinea to propose an amended text to the resolution.

The Treasurer then outlined the two logo proposals which had been discussed at the Marketing Seminar on 20 September, and showed them both using a PowerPoint presentation.

The Chairman asked for a show of hands as to which of the two designs was favoured, and by overwhelming majority, the logo design on the bottom right of the screen (blue wave beneath three balls/circles) was preferred.

The Chairman then said the Executive Director would work with the successful designer to finalise this logo and create a Brand Standards manual to assist PGAs to incorporate it with their own team brand marks.

Following the Sport Committee Report (Agenda Item 12), the Chairman announced that the Treasurer and the delegates from Papua New Guinea had amended the first sentence of the resolution as follows to the satisfaction of both parties:

“That this assembly in principle approved the Regional Marketing Program and each PGA agrees that after consultation with the full Executive Board of each PGA to participate in the program with each category sponsor with a view to completing sponsorship contracts between the PGC, OC and individual PGA’s.

The amendment was signed by all three Papua New Guinea delegates and approved unanimously by the General Assembly.

12. SPORT COMMITTEE REPORT

Jim Tobin (Vice President, Chairman Sport Committee) reported that the Sport Committee met on 19 and 20 September, its first meeting since the 2007 South Pacific Games in Samoa.

Many submissions had been received from PGAs, International Federations and Organising Committees concerning revisions to the Games Protocols and Regulations. The Vice President proceeded to outline the decision of the Sport Committee on each submission and the subsequent recommendations of the Executive Board (EB). Hard copies were distributed.

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 Cook Islands 2009 Program Approved with addition of and deletion of Bodybuilding. EB approved Sport Committee recommendation.

The Vice President explained that Cook Islands did not have a functioning national federation for Bodybuilding; hence there was grave concern over whether the sport could be delivered.

Seiuli Peni (Samoa) said that whilst understanding the difficulties posed, Samoa could not support the amendment to the program as it had invested heavily in the Bodybuilding program for 2009.

Sir John Dawanincura (Papua New Guinea) and Desmond Hipa (Niue) supported Samoa.

Tiki Matapo (Cook Islands) apologised for the inconvenience to PGAs but said there was simply no possibility of being able to deliver Bodybuilding. CISNOC had tried to call meetings of the national federation, without success, as they operated out of New Zealand. This position was untenable.

The Chairman moved that the amended Cook Islands program for 2009 be approved.

The motion was approved by a majority of delegates, with Samoa, Niue and Papua New Guinea voting against.

 Rugby League Article 22.2 of the Charter be amended changing Rugby League from 9’s to 7’s EB approved Sport Committee recommendation

The Chairman explained this was a carryover issue from the 2007 South Pacific Games in Samoa when there had been pressure to make it a 7’s event but as that would have required a change to Article 22.2 of the Constitution, there was no time prior to the Games to approve it at a General Assembly. The Chairman also noted that the International Rugby League Federation had requested an open Rugby League category that would allow an Organising Committee to choose 7’s, 9’s or 13’s, but the Executive Board had rejected this as it did not want the larger format of the sport as it would place pressure on the overall size of the Pacific Games.

By two-thirds majority, this motion was approved.

 Touch Rugby Maximum number of athletes be retained at 28 EB approved Sport Committee recommendation

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The Vice President said there was a request from Fiji to enable the mixed team to be selected from a separate group of 14 players thus increasing a PGA’s maximum Touch Rugby squad from 28 to 42. This was not endorsed as it would impact on the size of the Pacific Games.

Atma Maharaj (Fiji) whilst noting the International Federation rule allowed for three separate squads, sought clarification that if the present Charter regulations stayed in place, that for the 2009 Pacific Mini Games, the Men’s and Women’s programs must be completed well before the Mixed event commenced.

David Lobb (CEO, Pacific Mini Games 2009) noted this request and said at least one day of rest in between the competitions would be scheduled.

Motion unanimously approved.

 Vaa Sport Committee rejected the proposal from the International Federation to have two entries per event and to define V12 as a team sport; Council to seek further clarification from International Federation on the issue of maximum numbers to report at the next meeting EB approved Sport Committee recommendation

The Vice President said the request for a second entry per PGA in Vaa events would have implications for the concentration of medals distribution and was not supported.

Baklai Temengil (Palau) said the Charter should not be amended and that maximum numbers were not necessary for Vaa.

Motion unanimously approved.

 Squash Affirmed decision of the EB in 2007 to include Doubles, overriding a previous recommendation of the Sport Committee; need to correct the mistake in the French version of the Charter EB approved Sport Committee recommendation

Charles Cali (New Caledonia) asked whether it was compulsory to organise Doubles if Squash is selected by the Organising Committee.

The Chairman said the Organising Committee would have discretion to include or exclude Doubles.

Motion unanimously approved.

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 Archery International Federation request to increase participants from 9 to 12 approved EB approved Sport Committee recommendation Motion unanimously approved.

 Bodybuilding Bring categories into line with International Federation regulations; ask International Federation for approval EB endorsed updating the categories Motion unanimously approved.

 Karate Reject request for two entries per PGA; approve the change of weight categories to bring into line with International Federation rules; seek International Federation approval EB endorsed updating the categories Motion unanimously approved.

 Shooting Recognise Clay Pigeon Shooting Association (CPSA) as the officially recognised International Federation for Shooting and include the six Down the Line (Ball Trap) events as the recognised events. Delete all other events from the Regulations and the ISSF as the recognised federation. If this was not agreed to by the General Assembly, include CPSA as a second recognised International Federation for Shooting and list their events in the Charter, whilst contacting ISSF to get the proper list of events in Regulation 5.14, as some events were not ISSF - they belonged to another Federation.

EB agreed to recognise CPSA as a second International Federation and bring their events into the Charter, and then confirm with ISSF that their events were correctly listed in the Charter.

Atma Maharaj (Fiji) asked whether an Organising Committee could organise both sets of Shooting events or whether they had to choose between them.

The Chairman said future Organising Committees could host both sets of events if they so wished.

Motion to support the EB recommendation was unanimously approved.

Support New Caledonia proposal for a short course event to be added to the Regulations if it was a recognised format in the International Federation rules. Organising Committee may choose either long course or short course but not both. EB approved Sport Committee recommendation 22

Michael White (Northern Marianas) asked for an explanation of this request.

Charles Cali (New Caledonia) said the current Olympic distance yielded huge distances between the race leaders and the back of the field during the 2007 South Pacific Games in Samoa and New Caledonia wished to host a more even and exciting race.

Motion unanimously approved.

 Wrestling Endorse women’s freestyle only kilogram categories to be brought up to date and listed separately; seek more information on applicability of Men’s Beach Wrestling to the Pacific before consideration given to adding it. EB approved Sport Committee recommendation Motion unanimously approved.

 Powerlifting Endorse the proposal from Fiji of a second entry after the weigh-in. Limit of one entry per weight category to remain in the Charter. Define the overall limit total participants to 11 men and 10 women and seek International Federation endorsement of this change. Also confirm that the current weight categories are correct.

EB agreed with Sport Committee recommendation subject to International Federation approval

The Vice President explained that this amendment would allow an athlete who fails to make his/her weight to compete in a different weight category, rather than being sent home.

Charles Cali (New Caledonia) asked whether the same rule would apply to .

The Chairman said the meeting was only considering this in the context of Powerlifting.

Anita Blas (Guam) asked whether this would allow one country to potentially win gold and silver medals in the same category, and questioned the fairness of that outcome.

The Chairman replied that this scenario would be possible, but the International Federation rules appeared to allow for it and the Council should follow the International Federation rules where possible. The meeting agreed to the proposal by 11 votes to 7.

 Hockey Deny a request from Fiji to introduce Hockey in a 6’s format. Need more information from the International Federation on the participation levels of 6’s before proceeding EB approved Sport Committee recommendation Motion unanimously approved. 23

Retain Charter’s current recognition of the International Golf Federation, but in future memorandum of understanding, discuss and clarify the role of the Asia Pacific Golf Confederation EB agreed but noted the formation of an Oceania Golf Union and this new Union should be involved Motion to support EB position unanimously approved.

Add word “Federation” in Protocol 31 to correct the name of the International Federation EB approved Sport Committee recommendation Motion unanimously approved.

 Disabled Events Approval for commencing discussion with International Paralympic Committee and PGAs on how to bring some disabled events into consideration for the program EB approved Sport Committee recommendation Motion unanimously approved.

 Pool Competition Agree to New Caledonia proposal to alter pools structure in Regulation 9.D.1 to allow a gold and bronze medal match where there is only one pool; two pools would be held where 8-12 PGAs entered, and three pools held where 13-15 PGAs entered. EB approved Sport Committee recommendation

Michael White (Northern Marianas) asked whether semi-finals were proposed in the competitions with only pool. The Vice President said after the single pool preliminary matches were completed, the competition would proceed directly to the gold and bronze medal matches.

Motion unanimously approved.

 Sport Program Review Endorsed the review of the 2007 South Pacific Games sport program, and the conclusion that the 12 existing compulsory sports should be retained. EB approved Sport Committee recommendation and circulated the review to delegates Motion unanimously approved.

 Confirmation of Sports Program (Protocol 7.4, 7.7)

Allow the final list of sports to be confirmed 18 months before the Games. The EB did not endorse this proposal

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Charles Cali (New Caledonia) sought clarification that under the present Charter, Organising Committees had to prepare their final list of sports 24 months prior to the Games.

The Chairman confirmed this and said that ideally a host country would confirm the final list of sports at the Bid stage, so the Council should not entertain the idea of deferring the decision further.

The General Assembly unanimously supported the EB position.

 Article 22.2 (Optional Sports) The Committee endorsed the proposal from New Caledonia to consider Football as one sport and Rugby as one sport so that if the Women’s event is added in either code, it does not count as one of the 16 optional sports

EB approved Sport Committee recommendation and the following wording to be added into Article 22.2 of the Charter:

The selection of Rugby 7’s (Women) into the program in addition to the compulsory Rugby 7’s (Men) shall count in total as one sport. Similarly, the selection of Football (Women) into the program in addition to the compulsory Football (Men) shall count in total as one sport.

Motion unanimously approved, thereby receiving the required two-thirds majority.

 Article 22.2 (Minimum Number of Optional Sports) The Committee recommended there should be at least four optional sports selected in addition to the 12 compulsory sports so that a Pacific Games would always have more sports than a Pacific Mini Games whose maximum number of sports was 15.

The EB referred this issue back to Sport Committee, preferring to examine the feasibility of adding another four sports to the compulsory list

The General Assembly unanimously supported the EB position.

 Minimum Entries in Team Sports Regulation 9.A should be amended to state a minimum of 6 PGAs is required in men’s, women’s and mixed team sport competitions, respectively.

EB approved Sport Committee recommendation.

Motion unanimously approved.

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The Vice President then outlined the other matters before the Sport Committee, including:

 Seeking clarification of the Cook Islands program to ensure compliance with Charter;  Evaluation that the NC2011 sport program was developing extremely well;  Evaluation that the W&F 2013 sport program development was proceeding; and  Endorsement of a draft version of an MOU (Memorandum of Understanding) to take forward with each International Federation.

The Chairman thanked the Vice President and the members of the Sport Committee for their work.

13. FINAL REPORT: SAMOA 2007

The CEO of the Samoan PGA, Seiuli Peni Asi, on behalf of Organising Committee Chairman, the Hon. Vaeolenofoafia Tapasu Leung Wai, delivered Samoa’s Final Report of the 2007 South Pacific Games.

Seiuli outlined the key statistics of the Games and the legacies the event had created for sport in Samoa. He finished his presentation by thanking the Council for its support and he formally presented the Chairman with a copy of the Final Report.

The Chairman commended Samoa’s Final Report. He said Samoa produced an exceptional Games and was now extremely well placed to host many other regional and international sporting events.

He asked that Seiuli pass on the Council’s appreciation to the Samoan Prime Minister, the Minister for the Games, and the Minister for Sport. He asked delegates to offer a round of applause to Samoa.

14. PROGRESS REPORTS: COOK ISLANDS 2009, NEW CALEDONIA 2011, WALLIS & FUTUNA 2013 a. Cook Islands 2009

Tiki Matapo (Chairman, Pacific Mini Games 2009) reported that cooperation with the Cook Islands Government was very good and that budget appropriations had been made for the Pacific Mini Games following the receipt of soft loans from the Chinese Government. Preparations were on track for the Pacific Mini Games as delegates had been able to see for themselves over the previous three days of meetings and venue tours. He wished the delegates the best of luck in preparing their delegations for the Pacific Mini Games. 26

David Lobb (CEO, Pacific Mini Games 2009) outlined the sport program, key dates and deadlines, and the programs for venues, villages, transport, and accreditation. He noted the World Youth Netball Championships next August would be a very valuable test event for the Pacific Mini Games. He thanked the delegates for participating in the Chefs de Mission Seminar on 19 September and stated that the Organising Committee had received very valuable feedback from PGAs at that meeting.

Charles Cali (New Caledonia) asked whether the proposed Sailing events complied with the Charter.

David Lobb replied that this was being examined and should be confirmed soon.

The Chairman thanked Tiki Matapo and the 2009 Organising Committee and expressed his confidence that next year’s Pacific Mini Games would be very successful. b. New Caledonia 2011

Pascale Bastien-Thiry (President, New Caledonia 2011) thanked the Chairman for the opportunity to update the Council on preparations for the 2011 Pacific Games. She confirmed the dates for the Games as 27 August until 10 September 2011, which coincided with school holidays. On the sport program, the new sport pictogram designs were revealed, and it was noted that NC2011 currently has 18 optional sports under consideration and was preparing to reduce that to 16 by next August in accordance with the Charter.

The NC2011 President outlined the venues plan including new multisport facilities in Paita for 2500 spectators and in Vallee du Tir for 800 spectators, a new Swimming Pool and martial arts venue in Dumbea, plus the Games Village at the University campus in Nouville. These developments had all been approved by the New Caledonia Government and construction would start shortly.

In other developments, SLN (Mining) had signed as the first “Gold” sponsor on 7 August 2008, and another four potential sponsors would be ready to be signed shortly. These sponsors would jointly sponsor the New Caledonia PGA team. NC2011 was working on a Host Broadcast convention to pool regional resources, and a catering consultant had been hired to begin working with local catering schools to prepare for the approximately 13,000 meals per day to be served to the athletes.

The NC2011 President thanked the Council for the opportunity to update the meeting and wished Cook Islands the very best for its final year of preparations.

Lord Tevita Tupou (Tonga) asked for clarification on the amount of the per diem.

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The NC2011 President stated that the bid commitment was for $30, but that work was underway to try to reduce that in time for an announcement at the 2009 General Assembly.

The Chairman thanked the President and her NC2011 team for their professional presentation and their very advanced state of preparations for the Games which were still three years away.

The Chairman then invited the President of NC2011 to formally sign the Memorandum of Understanding with the Council over the Joint Marketing Program.

Delegates then offered a round of applause. c. Wallis &Futuna 2013

Manuele Tuia (President, Wallis & Futuna PGA) introduced Valentino Polelei (Secretary- General) and Suliano Likiliki (Assistant Secretary-General, Interpreter) to present the following update:

 PGA elections for new officeholders were held on 22 February 2008;  Agreement on Games arrangements reached with Territory Assembly, the Senior Administrator, the grand chiefs of Wallis, and the grand chiefs of Futuna;  W&F2013 Organising Committee was now a legally recognised association;  Formal cooperation had commenced with New Caledonia PGA and NC2011;  Functional structure for the Organising Committee approved with an Executive Management department and 12 Commissions;  Five sports were currently under consideration for the program: Athletics, Beach Volleyball, Rugby 7’s, Vaa, Weightlifting  Total Games budget of 13 million Euros approved; Commission budgets being developed;  Presenting Games structure to the Territory President and Assembly members on 24 September; and  The appointment of the Organising Committee President and 12 Commission heads would start in October.

The Chairman thanked Wallis & Futuna for their presentation and asked that they keep in close contact with the Council which was ready to offer any assistance necessary.

15. ADDITIONAL BUSINESS

Sir John Dawanincura (Papua New Guinea) on behalf of the PNG Billiards & Snooker Association asked for support for the creation of a South Pacific Association for Billiards & Snooker and circulated a letter accordingly.

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Stan Walker (Papua New Guinea) circulated a letter referring to a meeting in Fiji to establish an Oceania Golf Union and asked delegates for their support.

Rosie Blake (Cook Islands), on behalf of President Tiki Matapo, farewelled delegates and invited everyone to return for the Mini Games in 2009.

The Chairman referred to the 2015 Bid process and noted that there had been interest from Papua New Guinea, Solomon Islands, Tonga, American Samoa and Vanuatu, although the latter may consider a Mini Games bid instead. He noted that a bid must be submitted by the PGA, not the Government. However, Government and Opposition party support to the PGA bid was essential.

The Chairman noted that Fiji had advocated the creation of a “Pacific Sports Awards” concept. The Executive Director has been tasked with developing the concept further in consultation with PGAs.

The Chairman thanked all delegates for attending the General Assembly and wished everyone a safe journey home. Particular thanks were sent to the host PGA, CISNOC, the Organising Committee for 2009, and to John Tierney for opening his home to the Council for the previous evening’s function.

After inviting delegates back to Rarotonga for the General Assembly and the Pacific Mini Games in 2009, the Chairman declared the meeting closed at 5.55pm.

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