'Clandestine' Cook Islands-China deal 'damaged' NZ relationship - Helen Clark

Sunday, 16 February 2025, 8:48 pm
Article: RNZ

Lydia Lewis, RNZ Pacific Journalist

Former New Zealand Prime Minister Helen Clark maintains that Cook Islands, a realm of New Zealand, should have consulted Wellington before signing a "partnership" deal with China.

"[Cook Islands prime minister Mark Brown] seems to have signed behind the backs of his own people as well as of New Zealand," Helen Clark told RNZ Pacific.

Brown said the deal with China complements, not replaces, the relationship with New Zealand.

The contents of the deal have not yet been made public.

"The Cook Islands public need to see the agreement - does it open the way to Chinese entry to deep sea mining in pristine Cook Islands waters with huge potential for environmental damage?" Clark asked. "Does it open the way to unsustainable borrowing? What are the governance safeguards? Why has the prime minister damaged the relationship with New Zealand by acting in this clandestine way?"

In a post on X (formerly Twitter), Clark went into detail about the declaration she signed with Cook Islands Prime Minister Terepai Maoate in 2001.

"There is no doubt in my mind that under the terms of the Joint Centenary Declaration of 2001 that Cook Islands should have been upfront with New Zealand on the agreement it was considering signing with China," Clark said.

"Cook Islands has opted in the past for a status which is not independent of New Zealand, as signified by its people carrying New Zealand passports. Cook Islands is free to change that status, but has not."

Missing the mark

A Pacific law expert said there was a clear misunderstanding on what the 2001 agreement legally required New Zealand and Cook Islands to consult on.

• Read the Joint Centenary Declaration of 2001 HERE

Brown has argued that New Zealand does not need to be consulted with to the level they want, something Foreign Minister Winston Peters disagrees with.

AUT senior law lecturer and former Pacific Islands Forum policy advisor Sione Tekiteki told RNZ Pacific the word consultation has become somewhat of a sticking point:

"From a legal perspective, there's an ambiguity of what the word consultation means. Does it mean you have to share the agreement before it's signed, or does it mean that you broadly just consult with New Zealand regarding what are some of the things that, broadly speaking, are some of the things that are in the agreement?

"That's one avenue where there's a bit of misunderstanding and an interpretation issue that's different between Cook Islands as well as New Zealand."

Unlike a treaty, the 2001 declaration is not "legally binding" per se but serves more to express the intentions, principles and commitments of the parties to work together in "recognition of the close traditional, cultural and social ties that have existed between the two countries for many hundreds of years", he added.

Tekiteki said that the declaration made it explicitly clear that Cook Islands had full conduct of its foreign affairs, capacity to enter treaties and international agreements in its own right and full competence of its defence and security.

There was, however, a commitment of the parties to "consult regularly", he said.

For Clark, the one who signed the all-important agreement all those years ago, this is where Brown misstepped.

Pacific nations played off against each other

Tekiteki said it was not just the Joint Centenary Declaration causing contention. The "China threat" narrative and the "intensifying geopolitics" playing out in the Pacific was another integrated issue.

An analysis in mid-2024 found that there were more than 60 security, defence and policing agreements and initiatives with the 10 largest Pacific countries.

Australia was the dominant partner, followed by New Zealand, the US and China.

A host of other agreements and "big money" announcements have followed, including the regional Pacific Policing Initiative and Australia's arrangements with Nauru, and PNG.

"It would be advantageous if Pacific nations were able to engage on security related matters as a bloc rather than at the bilateral level," Tekiteki said.

"Not only will this give them greater political agency and leverage, but it would allow them to better coordinate and integrate support as well as avoid duplications. Entering these arrangements at the bilateral level opens Pacific nations to being played off against each other. This is the most worrying aspect of what I am currently seeing.

"This matter has greater implications for Cook Islands and New Zealand diplomatic relations moving forward."

Protecting Pacific sovereignty

The word sovereignty is thrown around a lot. In this instance Tekiteki does not think "there is any dispute that Cook Islands maintains sovereignty to enter international arrangements and to conduct its affairs as it determines".

But he did point out the difference between "sovereignty - the rhetoric" that we hear all the time, and "real sovereignty".

"For example, sovereignty is commonly used as a rebuttal to other countries to mind their own business and not to meddle in the affairs of another country.

"At the regional level is tied to the projection of collective Pacific agency, and the 'Blue Pacific' narrative.

"However, real sovereignty is more nuanced. In the context of New Zealand and Cook Islands, both countries retain their sovereignty, but they have both made commitments to "consult" and "cooperate".

Now, they can always decide to break that, but that in itself would have implications on their respective sovereignty moving forward.

"In an era of intensifying geopolitics, militarisation, and power posturing - this becomes very concerning for vulnerable but large Ocean Pacific nations without the defence capabilities to protect their sovereignty."

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