DECOLONISATION AND FREE ASSOCIATION: THE RELATIONSHIPS OF THE COOK ISLANDS AND NIUE WITH NEW ZEALAND BY CAROLINE JENNY MCDONALD A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy Victoria University of Wellington 2018 ABSTRACT The Cook Islands and Niue are self-governing states in free association with New Zealand. The free association arrangements met United Nations decolonisation requirements. They reflected the needs and wishes of the Cook Islands and Niue, and the interests of New Zealand. Views are divided on what influenced the emergence of the arrangements for free association, whose interests they represented, and whether they have fulfilled the expectations of the Governments involved. The purpose of this thesis is to determine the formative influences shaping self- government in free association of these two states, and to reach a conclusion on how effective the free association arrangements have been in fulfilling initial expectations. The first half of this thesis draws on primary and secondary sources to establish what influenced the offer of self-determination, the options available, the choice made, the free association arrangements that emerged and whose interests these represented. The second half of this thesis turns to fulfilment of those expectations. It explores the flexibility of free association – the ability of the Cook Islands and Niue to make constitutional change. It examines each of the major elements of free association: holding New Zealand citizenship, New Zealand provision of necessary economic and administrative assistance and New Zealand responsibility for external affairs and defence. The conclusion is that the free association arrangements have been of mixed effectiveness in meeting the Governments’ initial expectations. i ACKNOWLEDGEMENTS I am extremely grateful to those who have asked questions, explained issues, stimulated ideas and provided help. Among them are: My supervisors - Professor Jon Fraenkel and Professor Tony Angelo. Those who helped shape the initial direction of enquiry – Dr Peter Adams, Professor Tony Angelo, Dr Geoff Bertram, Hima Douglas, Graham Fortune, Jackie Frizelle, Tepaeru Hermann, Ane Hunkin, HE O’Love Jacobsen, Charlie Jebb, Tony Johns, Colin Keating, Jonathan Kings, Don MacKay, Sir Don McKinnon, Bill Mansfield, HE Tiki Matapo, Mike Mitchell, Terence O’Brien, Rosemary Paterson, Michael Powles, Alison Quentin-Baxter, Chris Seed, Gordon Shroff, Hon Young Vivian and Neil Walter. People who generously shared their views with me through formal interviews and written responses - listed in the bibliography. The Cook Islands National Research Committee and Tāoga Niue. Those who provided advice and logistical support in the Cook Islands and Niue – Annmarie Aholima, HE Ross Ardern, Cameron Cowan, Hima Douglas, Moira Enetama, Vanessa Fa’aletatau, HE Joanna Kempkers, Annette Mokoia, Myra Patai, Gloria Rarere-Tinirau, Tina Samson, Isaac Solomona and Moka Tano. Victoria University of Wellington for a grant from the Faculty Research Committee Fund and a Victoria Doctoral Submission Scholarship, and for their help, the school postgraduate administrators and Victoria University librarians. Others helpful in a variety of ways – Dr Roderic Alley, Jacques Bancilhon, Dr Fiona Barker, Elizabeth Beaufort, Dr Justin Fepulea’i, George Fergusson, Rachel Fry, Nicholas Hoare, Winton Holmes, Alan Huckle, Bruce Inglis, Dr Andrew Ladley, Professor Stephen Levine, Andrew McDonald, Professor Charlotte Macdonald, Dr Geraldine McDonald, Mandy McDonald, Dr W. David McIntyre, Dr Malcolm McKinnon, Dr Kate McMillan, Dr Adrian Muckle, Nicola Ngawati, Professor John Overton, Margaret Pointer, Heather Riddell, Neil Robertson, Dr Vanessa Scholes, Dr David Stone and Gayna Vetter. My very dear husband Dr Simon Mark, who led the way and whose ideas, advice and support were, as ever, invaluable. ii CONTENTS ABSTRACT i ACKNOWLEDGEMENTS ii CONTENTS iii CHAPTER 1: A DECOLONISATION EXPERIMENT 50 YEARS ON 1 I INTRODUCTION 1 II PROPOSITION 10 III RELEVANCE OF THE RESEARCH 10 V RESEARCH DESIGN 11 VI THESIS STRUCTURE 20 CHAPTER 2: LITERATURE 24 I INTRODUCTION 24 II SCHOLARSHIP ABOUT THE COOK ISLANDS AND NIUE 24 III CHOICE OF ASSOCIATION 30 IV CONCLUSION 37 PART ONE CHAPTER 3: NEW ZEALAND AND THE UNITED NATIONS 38 I INTRODUCTION 38 II INFLUENCE OF THE UNITED NATIONS 38 III NEW ZEALAND, THE COOK ISLANDS AND NIUE IN 1962 50 IV NEW ZEALAND’S SELF-DETERMINATION OFFER 55 V INFLUENCES ON THE OPTIONS 58 CHAPTER 4: THE COOK ISLANDS’ STEPS TO SELF-DETERMINATION 63 I INTRODUCTION 63 II THE COOK ISLANDS RESPONSE 63 III NEW ZEALAND AMBIVALENCE AND CONCERNS 69 IV COOK ISLANDS CONSTITUTION ACT 1964 71 V NEW ZEALAND DOMESTIC DEBATE 77 VI ACT OF SELF-DETERMINATION 78 VII INFLUENCES ON FREE ASSOCIATION 80 CHAPTER 5: NIUE’S COURSE TO SELF-DETERMINATION 87 I INTRODUCTION 87 II NIUE RESPONSE 87 III NEW ZEALAND REVIEW OF OPTIONS 89 IV NIUEAN VIEWS 92 V NIUE CONSTITUTION ACT 1974 96 VI ACT OF SELF-DETERMINATION 103 VII INFLUENCES ON FREE ASSOCIATION 104 iii PART TWO CHAPTER 6: CHANGE: CONSTITUTIONS AND RELATIONSHIPS 111 I INTRODUCTION 111 II INITIAL EXPECTATIONS 112 III CURRENT CONSTITUTIONS 114 IV PRINCIPLES OF FREE ASSOCIATION 118 V EFFECTIVENESS OF FREE ASSOCIATION IN MEETING INITIAL EXPECTATIONS 127 CHAPTER 7: NEW ZEALAND CITIZENSHIP 134 I INTRODUCTION 134 II INITIAL EXPECTATIONS 135 III SECURITY AND OPPORTUNITIES OF CITIZENSHIP 136 IV IMPACT OF MIGRATION 140 V FAILURE OF THE ARRANGEMENTS? 149 VI IS VIABILITY IN QUESTION? 153 VII EFFECTIVENESS OF FREE ASSOCIATION IN MEETING INITIAL EXPECTATIONS 155 CHAPTER 8: “AID AND ASSISTANCE” AND “NECESSARY ECONOMIC AND ADMINISTRATIVE ASSISTANCE” 158 I INTRODUCTION 158 II INITIAL EXPECTATIONS 159 III QUANTITATIVE MEASURES 164 IV QUALITATIVE MEASURES: POLICY AND PRACTICE 171 V EFFECTIVENESS OF FREE ASSOCIATION IN MEETING INITIAL EXPECTATIONS 196 CHAPTER 9: EXTERNAL AFFAIRS AND DEFENCE 206 I INTRODUCTION 206 II INITIAL EXPECTATIONS 207 III CONDUCT OF EXTERNAL AFFAIRS 208 IV PROVISION OF DEFENCE ASSISTANCE 222 V EFFECTIVENESS OF FREE ASSOCIATION IN MEETING INITIAL EXPECTATIONS 226 CHAPTER 10: EXPECTATIONS FULFILLED? 231 I INTRODUCTION 231 II FORMATIVE INFLUENCES 231 III HAS FREE ASSOCIATION MET EXPECTATIONS? 236 IV CHOICE OF ASSOCIATION 243 V CURRENT INTERESTS AND EXPECTATIONS 245 VI CONCLUSION 250 BIBILIOGRAPHY 252 iv CHAPTER 1: A DECOLONISATION EXPERIMENT 50 YEARS ON There needs to be an acknowledgement that the way the decolonisation experiment has been applied to the Cook Islands and Niue … has largely fallen short of the expectations of all parties, despite considerable effort and very substantial development assistance.1 The report … is playing to New Zealand taxpayers and to a string of musical interludes anchored in colonialist ideology and philosophy. It treats the Cook Islands as an experiment and an ongoing inconvenience rather than an entity entrenched in its Constitutional and cultural framework and its legislative process.2 One of the issues that the partnership has faced is the differing interpretation of officials on ‘necessary economic and administrative assistance’ … In any relationship like any partnership there are both positive and negative aspects. But importantly, we work together as partners and not adversaries and this has been an ongoing issue during the relationship.3 The feasibility of these recommendations requires further analysis and close consultation with our Realm partners given the potential budgetary and constitutional implications.4 I INTRODUCTION The Cook Islands and Niue became self-governing in free association with New Zealand in 1965 and 1974 respectively, ending their non-self-governing status.5 The constitutional arrangements of free association were novel. They were designed to meet the self-determination wishes of these two small Pacific island states. They fulfilled New Zealand’s United Nations decolonisation obligations, despite not representing 1 New Zealand Foreign Affairs, Defence and Trade Committee, “Inquiry into New Zealand’s Relationships with South Pacific Countries,” December 2010, I 4A. 2 Response to the Inquiry report by the Cook Islands Opposition MP and Democratic Party Deputy Leader Wilkie Rasmussen reported by Nerys Case, “‘Hayes Report Plays to New Zealand Taxpayers’,” Cook Islands News, 20 January 2011. 3 Niue Government response to the Inquiry report; see Secretary to Government, Government of Niue to New Zealand High Commissioner, Niue, “Inquiry into New Zealand’s Relationships with South Pacific Countries,” 15 March 2011. 4 “Government Response to the Foreign Affairs, Defence and Trade Committee Report: Inquiry into New Zealand’s Relationships with South Pacific Countries, presented to the House of Representatives in Accordance with Standing Order 248,” 2009, J1. 5 United Nations definitions of non-self-governing and self-governing territories are discussed in chapter 3. In simple terms the Cook Islands and Niue were no longer deemed by the United Nations to be colonies of New Zealand. 1 independence. Yet there were, and are, differing views about why these arrangements emerged and whose interests they served. Fifty years on the Cook Islands and Niue remain in free association with New Zealand. The arrangements specify that Cook Islanders and Niueans continue to be New Zealand citizens. Niue has a guarantee of necessary economic and administrative assistance, and the Cook Islands had a decolonisation promise of this. New Zealand has a responsibility