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Nuclear Free New Zealand: 1987

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ISSN 0114-9199 ISBN 0-908881-14-2 WORKING PAPER NO. 8 NUCLEAR FREE NEW ZEALAND: 1987 - FROM POLICY TO LEGISLATION Robert E White April 1998 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 second 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 each of these events. The first working paper in the series, Working Paper No.7, Nuclear Free New Zealand - 1984 New Zealand Becomes Nuclear Free July 1997, argues that New Zealand did not become truly nuclear free, free of nuclear weapons, until 1984 when Labour put its nuclear policy into effect, despite frequent claims that former Prime Minister Keith Holyoake had made New Zealand nuclear free in 1957. Also disputed are claims that New Zealand banned visits by nuclear armed and powered vessels during periods prior to 1984. Events subsequent to the election in 1984 that finally saw the nuclear policy implemented for the first time early in 1985 when the USS Buchanan was refused permission to visit are followed using new material relating to this incident released late in 1996 under the Official Information Act. The paper concludes with an extensive chronology of events relating to the nuclear policy from the 1984 election to the the tenth anniversary of the signing into law of the legislation an 8 June 1997, and a table comparing a number of factors related to the nuclear issue as they were in 1984/5 and as they are now, 1995/7. The present paper follows the passage of the nuclear free policy into law on 8 June 1987, nearly three years after Labour came to power promising to enact this legislation. The passage of the nuclear free Bill through Parliament is followed in summaries of the debates, and by examining the manoeuvres of the various political parties involved in respect of the Bill. Evidence is presented supporting the claim that ANZUS has always been seen by the United States as a nuclear alliance, part of American global deterrence strategy, despite claims to the contrary in the 1980s by the major political parties in New Zealand. The reactions of New Zealand's major allies to the legislation are examined and analysed. Arguments are presented to support the claim that these reactions arose from concerns that the legislation might seriously undermine the operation of the American and British neither confirm nor deny policy (NCND) then in force, by encouraging other non-nuclear nations to adopt similar policies. One consequence of the move to legislation was the suspension by the United States of its security obligations to New Zealand under the ANZUS treaty, amounting to a suspension of New Zealand from active participation in ANZUS. The legality of this suspension is examined in chapter three. Finally, chapter four presents a new analysis of the motivation for the switch by the National Party early in 1990 to supporting the legislation, and looks at the present state of support for the nuclear free policy and legislation in the New Zealand Parliament. 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 ACKNOWLEDGEMENTS The author is greatly indebted to Wellington based peace researcher and activist Nicky Hager for his advice and input. With his proximity to Parliament and politicians, and to government departments, he has developed an unusual level of contact with many of the personalities of importance in this study. Access to documents obtained by Peter Wills under the US Freedom of Information Act and elsewhere, and advice concerning them, was of considerable value. Willing cooperation from Jerome Elkind is also acknowledged. Thoughtful comment, and careful editing by John Gribben and Peter Wills 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 vi INTRODUCTION 1 References 4 CHAPTER ONE THE PASSAGE OF THE BILL 1.1 Legislation - Why? 5 1.2 Passage of the Bill - Procedure 7 1.3 Introduction and First Reading of the Bill - 10 December 1985 9 1.4 Report of the (Select) Committee 16 1.5 The Second Reading 17 1.6 Consideration by a Committee of the Whole House 23 1.7 The Third Reading, and Royal Assent 25 References 26 CHAPTER TWO REACTIONS AND INTERPRETATIONS 2.1 Introduction 27 2.2 ANZUS, Neither Confirm Nor Deny, and Sections 9 and 11 28 of the Act 2.3 Sections 5 and 6 of the Act 33 Section 5 and the Americans 34 Section 5 and the British 36 New Zealand Forces in the Persian Gulf 37 Section 6 40 References 41 CHAPTER THREE THE LEGALITY OF THE SUSPENSION 3.1 Introduction 42 3.2 The Suspension - Is it Legal or Not 42 3.3 A New Zealand Legal Opinion - Jerome Elkind 45 3.4 Another New Zealand Opinion - Stuart McMillan 46 3.5 Conclusion 46 References 46 CHAPTER FOUR THE PRESENT 4.1 Introduction 47 4.2 The 1990 Switch by National - A Re-examination 47 4.3 The Present 51 References 56 APPENDIX ONE The Nuclear Free Zone, Disarmament, and Arms Control Act 57 APPENDIX TWO The Territorial Sea and Exclusive Economic Zone Act 69 APPENDIX THREE Telegram, 27 September 1989 76 vi ACRONYMS - ABBREVIATIONS ANZUS Treaty between Australia, New Zealand, and the United States FPDA Five Power Defence Arrangements MMP Mixed Member Proportional representation 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 NPV Nuclear powered vessel NPW Nuclear powered warship NZPD New Zealand Parliamentary Debates PACDAC Parliamentary Advisory Committee on Disarmament and Arms Control SAS Special Air Service SPNFZ South Pacific Nuclear Free Zone USG United States Government USN United States Navy 1 INTRODUCTION This is the second in a series of working papers examining aspects of New Zealand's nuclear free policy and its operation since it was introduced in July 1984 by the newly elected Labour Government headed by Prime Minister David Lange. The 1984 policy became law on 8 June 1987 as the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act, referred to as the Act below. This study also examines the operation of the Act over the last decade. These working papers bear the common title, Nuclear Free New Zealand, and individual specific titles. The first in the series, 1984 - New Zealand Becomes Nuclear Free, was published as Working Paper No.7 by the Centre for Peace Studies in June 1997 to mark the tenth anniversary of the enacting of the legislation. It examined and debunked claims that New Zealand had been made nuclear free much earlier by a former Prime Minister, Keith Holyoake, and clarified incorrect claims that in the early 1970s there had been a ban on visits to New Zealand by nuclear armed or powered warships. It also presented new material concerning events in late 1984 and early 1985 that related in particular to the proposed visit in March 1985 by the USS Buchanan. The documents, only recently released by the Ministry of Foreign Affairs and Trade, referred to as the ministry below, show collaboration by New Zealand, Australian and American government officials to reassure the New Zealand government that the visit would be acceptable under the new nuclear free policy. The visit failed because these officials could not in the end guarantee absolutely that the Buchanan would be free of nuclear weapons at the time of the visit. The working paper examines the question of whether or not the Buchanan was nuclear armed at that time. It concludes that while the ship may well not have been carrying nuclear weapons, it would have been difficult to establish this with the absolute certainty the Lange government finally saw was required if the visit was to proceed. Pressure from within the Labour Party, from his caucus, and from the peace movement and the public generally made it impossible for Lange to allow the visit without this absolute certainty. There are strong suggestions in these documents of collusion among these ANZUS government officials to undermine the nuclear policy by weakening it to be more in line with the Australian, Danish and Norwegian types of nuclear armed or powered warship visit policies.
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