Helen Clark, middle, says Cook Islands caused a crisis for itself by not consulting Wellington before signing a deal with China. Photo: RNZ Pacific
Former New Zealand Prime Minister Helen Clark believes the Cook Islands, a realm of New Zealand, caused a crisis for itself by not consulting Wellington before signing a deal with China.
The New Zealand government has paused more than $18 million in development assistance to the Cook Islands after the latter failed to provide satisfactory answers to Aotearoa's questions about its partnership agreement with Beijing.
The Cook Islands is in free association with New Zealand and governs its own affairs. But New Zealand provides assistance with foreign affairs (upon request), disaster relief, and defence.
The 2001 Joint Centenary Declaration signed between the two nations requires them to consult each other on defence and security, which Winston Peters said had not been honoured.
Foreign Minister Winston Peters and Cook Islands Prime Minister Mark Brown both have a difference of opinion on the level of consultation required between the two nations on such matters.
"There is no way that the 2001 declaration envisaged that Cook Islands would enter into a strategic partnership with a great power behind New Zealand's back," Clark told RNZ Pacific on Thursday.
Clark was a signatory of the 2001 agreement with the Cook Islands as New Zealand prime minister at the time.
"It is the Cook Islands government's actions which have created this crisis," she said.
"The urgent need now is for face-to-face dialogue at a high level to mend the NZ-CI relationship."
Prime Minister Christopher Luxon has downplayed the pause in funding to the Cook Islands during his second day of his trip to China.
Brown told parliament on Thursday (Wednesday, Cook Islands time) that his government knew the funding cut was coming.
He also suggested a double standard, pointing out that New Zealand has entered also deals with China that the Cook Islands was not "privy to or being consulted on".
Prime Minister Mark Brown and China's Ambassador to the Pacific Qian Bo last year. Photo: RNZ Pacific/ Lydia Lewis
A Pacific law expert says that, while New Zealand has every right to withhold its aid to the Cook Islands, the way it is going about it will not endear it to Pacific nations.
Auckland University of Technology (AUT) senior law lecturer and a former Pacific Islands Forum advisor Sione Tekiteki told RNZ Pacific that for Aotearoa to keep highlighting that it is "a Pacific country and yet posture like the United States gives mixed messages".
"Obviously, Pacific nations in true Pacific fashion will not say much, but they are indeed thinking it," Tekiteki said.
Since day dot there has been a misunderstanding on what the 2001 agreement legally required New Zealand and Cook Islands to consult on, and the word consultation has become somewhat of a sticking point.
The latest statement from the Cook Islands government confirms it is still a discrepancy both sides want to hash out.
"There has been a breakdown and difference in the interpretation of the consultation requirements committed to by the two governments in the 2001 Joint Centenary Declaration," the Ministry for Foreign Affairs and Immigration (MFAI) said.
"An issue that the Cook Islands is determined to address as a matter of urgency".
A Cook Island resident Jackie Tuara says she would rather be in agreements with countries that have democratic policies than with China Photo: Caleb Fotheringham
Tekiteki said that, unlike a treaty, the 2001 declaration was 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 said 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.
However, he added that there was a commitment of the parties to "consult regularly".
This, for Clark, the New Zealand leader who signed the all-important agreement more than two decades ago, this is where Brown misstepped.
Clark previously labelled the Cook Islands-China deal "clandestine" which has "damaged" its relationship with New Zealand.
RNZ Pacific contacted the Cook Islands Ministry of Foreign Affairs for comment but was advised by the MFAI secretary that they are not currently accommodating interviews.
