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Nuclear Free New Zealand ISSN 0114-9199 ISBN 0-908881-15-0 WORKING PAPER N0.9 NUCLEAR FREE NEW ZEALAND: THE POLICY IN ACTION Robert E White July 1999 Author's Address: Centre for Peace Studies University of Auckland Private Bag 92019 Auckland New Zealand Tel. +64 - 9 - 3737599 ext. 8364 Fax. +64 - 9 - 3737445 E-mail: [email protected] ii CENTRE FOR PEACE STUDIES WORKING PAPERS This Working Paper series presents current research carried out by members and associates of the Centre for Peace Studies, and aims to cover topics dealing with matters relating to a broad range of peace issues. Publication as a Working Paper does not preclude subsequent publication in scholarly journals or books. Unless otherwise stated, publications of the Centre for Peace Studies are presented without endorsement, as contributions to the public record and debate. Authors are responsible for their own analysis and conclusions. Centre for Peace Studies University of Auckland Private Bag 92019 Auckland New Zealand iii ABSTRACT This is the third in a planned series of working papers dealing with aspects of New Zealand's nuclear free policy and legislation. These papers are intended to cover the introduction of the policy in 1984 and the legislation in 1987, and related developments in New Zealand following these events. The present paper examines the operation since 1984 of the policy as embodied in the 1987 New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act, the Act. It looks at the policy in action. The major sections of the Act are considered in turn and their effectiveness discussed, starting with the concept of New Zealand's own Nuclear Free Zone, the NZNFZ, as defined in the Act. The core matter of visits by nuclear armed or powered vessels is addressed in chapter 2, and of visits by foreign military aircraft in chapter three. The question of continuing military contacts with New Zealand's nuclear allies forms the subject of chapter 4, while chapter 5 reviews the work of the Public Advisory Committee on Disarmament and Arms Control, PACDAC, established under the legislation. In the final chapter Labour' nuclear stance in the 1980s is subject to scrutiny, and criticisms of it examined. The overall conclusion reached is that the policy has been effective in terms of its major objectives of keeping the NZNFZ free of nuclear weapons and of nuclear arrned or powered vessels. However, the detailed application of specific aspects of the policy is considered to be open to considerable criticism. Proposals are presented which, it is considered, would overcome some of these criticisms and strengthen New Zealand's nuclear free status. BIOGRAPHICAL NOTE The author, now retired from the University of Auckland, has an extensive record of research in nuclear physics. Since 1986 he has been engaged in research related to nuclear policies and strategies. He was a founder member of Scientists Against Nuclear Arms (NZ) in 1983, and has been the Director of the Centre for Peace Studies since it was established late in 1988 in the University. He holds the degrees of Doctor of Philosophy (1957) and Doctor of Science (1981). iv ACKNOWLEDGMENTS The author is greatly indebted to a number of people who contributed to this paper in various ways. Peter Wills made available valuable documentation relating to a number of sections of the paper and providied very useful input. Owen Wilkes supplied his unpublished work on US Navy visits. Vital input concerning the problem of visits by US military aircraft to the Operation Deep Freeze base in Christchurch was provided by Bob Leonard. The excellent work of Nicky Hager on New Zealand's involvement in the worldwide UKUSA signals intelligence network, presented in his book Secret Power, provided much of the input to chapter 4 on this topic. Permission to quote extensively from his book is gratefully acknowledged. Material presented in chapter 5 concerning the working of the Public Advisory Committee on Disarmament and Arms Control relied heavily on contributions willingly supplied by Rod Alley, Kate Dewes, Mary Woodward and Steve Hoadley, and minutes supplied by Alan Cook of the Ministry of Foreign Affairs and Trade. Kate Dewes and Steve Hoadley are also thanked for their useful comments on the first draft of this chapter. Thoughtful comment, and careful editing by John Gribben is gratefully acknowledged. This work was supported financially by grants from the University of Auckland and the Centre for Peace Studies. v CONTENTS Acronyms/Abbreviations viii INTRODUCTION 1 References 6 CHAPTER ONE NEW ZEALAND'S NUCLEAR FREE ZONE 1.1 The Act and New Zealand's Nuclear Free Zone 7 1.2 The Nuclear Free Policy and the NZNFZ in Action - Criticisms 11 1.3 Criticisms of the NZNFZ as a Nuclear Free Zone 13 1.4 Conclusion 17 References 18 CHAPTER TWO VISITS BY NUCLEAR ARMED OR POWERED VESSELS 2.1 Introduction 19 2.2 Nuclear Armed or Powered Vessel Visits - Sections 9 and 11 20 US Navy Visits 1970 to 1984 21 Royal Navy Visits 1970 to 1984 23 June 1995 - The Royal Navy Returns 23 May 1996 - The British Return to New Zealand's Territorial Waters 24 2.3 Denmark - Why was New Zealand Different? 25 The Danish Non-Nuclear Policy 26 New Zealand Interest and Concern Around 1976 27 2.4 The Post-1984 Era and the Hypocrisy of Neither Confirm Nor Deny 28 Japan and Other Non-Nuclear Countries 31 2.5 The Danish and New Zealand Policies - the Difference 34 2.6 A Proposal for Solving the NCND Problem 35 2.7 Criticisms of Sections 9, 10, and 11 35 References 37 CHAPTER THREE VISITS BY US MILITARY AIRCRAFT, HAREWOOD 3.1 Military Aircraft Visits and the Harewood Situation 38 3.2 The Harewood Situation up to the Passing of the Legislation in 1987 38 3.3 The Harewood Situation Subsequent to the Passing of the Legislation 42 3.4 Harewood and Nuclear Weapons 46 3.5 Harewood and the Channel Flights 48 3.6 Channel Flight Cargoes 50 3.7 Operation Deep Freeze - An Official View 54 3.8 Operation Deep Freeze and Neither Confirm Nor Deny 58 3.9 Other US Military Aircraft Visits 60 Navstar 61 Project Magnet 61 The Omega Beacon Project 62 3.10 Harewood - the Future - Proposals 63 References 65 vi CHAPTER FOUR EXERCISES AND OTHER MILITARY CONTACTS 4.1 Exercises with the Nuclear Powers Post-1984 - The United States 66 4.2 The British and the Five Power Defence Arrangements Exercises 1981 to 1995 66 4.3 Exercising with Nuclear Capable Units - The Official Position 69 4.4 The British and the LONGLOOK Exercises 72 4.5 The United States' Position - A Gradual Softening? 73 4.6 Other Ongoing Military Contacts with New Zealand's Nuclear Allies 74 4.7 Exercises with Other Countries 80 4.8 Problem Installations in New Zealand 81 Black Birch 81 Waihopai and Tangimoana 83 Tangimoana 83 Waihopai 85 4.9 The Problem Installations, the Nuclear Free Policy and the Legislation 88 Black Birch 88 Tangimoana, Waihopai and the GCSB 89 4.10 Criticisms 94 4.11 Proposal 94 References 95 CHAPTER FIVE THE PUBLIC ADVISORY COMMITTEE - PACDAC 5.1 The Public Advisory Committee on Disarmament and Arms Control - Sections 16 to 20 - Introduction 96 5.2 PACDAC Under Labour 1988-90 96 Kate Dewes 96 Dr Rod Alley 101 Mary Woodward 102 5.3 PACDAC Under National - 1990 On 103 Associate Professor Steve Hoadley PACDAC 1991-1996: A Retrospective Review 103 From Recent PACDAC Minutes 105 5.4 Comparisons and Comments 105 5.5 Criticisms 106 5.6 Proposal 106 5.7 The Minister for Disarmament and Arms Control 106 Russell Marshall 107 Fran Wilde 107 Doug Graham 108 Don McKinnon 111 References 113 vii CHAPTER SIX LABOUR'S NUCLEAR STANCE TN THE 1980s: Criticisms, Justifications, Historical Settings, and Support 6.1 Criticisms of the Moral Stance of the Labour Government in the 1980s 114 6.2 ANZUS, the 'Not For Export' Question, and the Policy in Action 117 6.3 What David Lange Said 119 6.4 The Nuclear Free Policy and the ANZUS Stance - Historical Contexts 126 A Foreign Affairs Official's View - Mervyn Norrish 126 A Labour Party Historical Perspective - Helen Clark 129 6.5 Further Support for the Effectiveness of the Nuclear Free Policy 131 The Policy and Nuclear Disatmament 132 Nuclear Free New Zealand in the United Nations 133 Continuing Popular Support 135 Support from the Business Community 137 International Support 137 References 139 CONCLUSION 140 PROPOSALS 142 APPENDIX ONE The Nuclear Free Zone, Disarmament, and Arms Control Act 1987 - sections one to twenty-five only 144 viii ACRONYMS - ABBREVIATIONS ABCA American, British, Canadian and Australian ANZUS Treaty between Australia, New Zealand, and the United States ASEAN Association of South East Asian Nations BAOR British Army of the Rhine CDH Citizens for the Demilitarisation of Harewood CINCPAC Commander in Chief Pacific Forces (US) CTBT Comprehensive Test Ban Treaty CWC Chemical Weapons Convention EEC European Economic Commission FPDA Five Power Defence Arrangements GCSB Government Communications Security Bureau GPS Global Positioning System IAEA International Atomic Energy Agency ICJ International Court of Justice ISAC International Security and Arms Control (Division of MFAT) LANFZ Latin American Nuclear Free Zone MAC Military Airlift Command (United States) MAF Ministry of Agriculture and Fisheries MFAT Ministry of Foreign Affairs and Trade MP Member of Parliament MSC Military Sealift Command (US Navy) NATO North Atlantic Treaty Organisation NCND The policy of neither confirming nor denying the presence or absence of nuclear weapons on vessels, aircraft, or at any location NGO Non-governmental Organisation NPT Non-Proliferation Treaty ix NPW Nuclear powered warship NSF National
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