EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND AND THE GOVERNMENT OF SOLOMON ISLANDS ON ARRANGEMENTS FOR VISITS BY CONTINGENTS OF NEW ZEALAND'S ARMED FORCES TO SOLOMON ISLANDS FOR EXERCISES TROPIC DAWN 88 AND SOLMED 88

(Honiara, 15 and 18 August 1988)

ENTRY INTO FORCE: 18 AUGUST 1988

No. 1

His Excellency Mr BERNARD HILLIER 
New Zealand High Commissioner 
Solomon Islands

to

The Right Honourable SIR PETER KENILOREA 
Minister for Foreign Affairs 
Solomon Islands

New Zealand High Commission, 
Honiara 

15 August 1988
My dear Minister,

I have the honour to refer to the talks held between officials from New Zealand and the Solomon Islands in May 1988 concerning the visit of contingents of the New Zealand Armed Forces to the Solomon Islands for Exercise Tropic Dawn 88 to be held between 20 August and 2 September and for Exercise SOLMED 88 to be held between 29 August and 19 September. The purpose of both exercises is to give New Zealand Service personnel experience in operations in the South Pacific and to undertake civic assistance tasks requested by the Government of the Solomon Islands.

I now propose on behalf of the Government of New Zealand that an agreement be reached between our two governments relating to these exercises on the following terms:

1. The Government of New Zealand will send a contingent of 120 Army personnel to the Solomon Islands between 15 August and 2 September 1988 to take part in Exercise Tropic Dawn 88 in order to practise infantry skills and operations in a tropical environment, and a contingent of 77 members of the New Zealand Army and one RNZAF officer to the Solomon Islands between 29 August and 17 September 1988 to take part in Exercise SOLMED 88 in order to further their experience in tropical medicine and to undertake community assistance tasks for the Solomon Islands authorities. In addition to medical personnel, the contingent taking part in SOLMED 88 will include an engineer and technical personnel who will repair hospital and clinic equipment, and signals personnel who will exercise communications skills in a tropical environment.

2. For the purposes of this Agreement and unless the context otherwise requires the terms set out below shall have the following meanings:

''New Zealand contingents'' means those groups of New Zealand servicemen who will be visiting the Solomon Islands for the purpose of taking part in Exercises Tropic Dawn 88 and SOLMED 88 in the Solomon Islands.
''New Zealand servicemen'' means individual members of the contingents of the New Zealand Armed Forces who will be visiting the Solomon Islands for the purpose of taking part in Exercises Tropic Dawn 88 and SOLMED 88.

''New Zealand Service authorities'' means the authorities empowered by the law of New Zealand to exercise command or jurisdiction over members of the New Zealand contingents while they are participating in Exercise Tropic Dawn 88 and SOLMED 88.

3. The New Zealand contingent taking part in Exercise Tropic Dawn 88, which will be conducted on Guadalcanal, will be permitted to use a designated area at Red Beach for the exercise base camp and for training purposes.

4. The New Zealand contingent taking part in SOLMED 88, which will conduct medical tasks on the islands of Malaita, Choiseul, Gizo, New Georgia and Santa Isabel and which will also undertake a reconnaissance mission to Santa Cruz to assess the feasibility of conducting a subsequent deployment, will be permitted to use a designated area as a base camp near the airstrip on Taro Island. The camp will provide support for Yaws vaccination teams on the island of Choiseul. The contingent will also be permitted to use a designated area as a base camp near the main hospital on Malaita, which will support a mobile surgical programme and a filariasis survey.

5. The Solomon Islands Government will make available nurses, guides and boatmen to assist the Yaws vaccination team during Exercise SOLMED 88 and will provide boats to transport the teams. The New Zealand contingent taking part in SOLMED 88 will supply rations for the Solomon Islands officials travelling with the contingent and will meet the cost of fuel for the boats.

6. One officer will be stationed in Honiara on 15 August, five days before the arrival of the main body of the contingent taking part in Exercise Tropic Dawn 88 to provide liaison with officials of the Solomon Islands during both Tropic Dawn 88 and SOLMED 88.

7. The Government of the Solomon Islands will not levy landing charges against the Government of New Zealand for the use of airport facilities in Honiara, and of the Taro Island, Gwaunaruu, Gizo, Munda; Kirakira, Graciosa Bay and Buala airfields in connection with exercises Tropic Dawn 88 and SOLMED 88.

8.	(a) The Government of the Solomon Islands will facilitate the admission of the New Zealand contingents for the purpose of taking part in Exercises Tropic Dawn 88 and SOLMED 88.

(b) The following documents will be required to be in the possession of members of the New Zealand contingents for entry into the Solomon Islands for purposes of taking part in Exercises Tropic Dawn 88 and SOLMED 88:

i a personal identity card issued by the appropriate authority of the Government of New Zealand showing the full name, date of birth, rank and number, Service and photograph of the holder;

ii an individual or collective movement order issued by an appropriate authority and certifying to the status of the individual or group as a member of a New Zealand contingent.

(c) Passports will not be required by members of a New Zealand contingent for entry into the Solomon Islands for purposes of taking part in Exercises Tropic Dawn 88 and SOLMED 88.

9. All freight and exercise stores and equipment required by a New Zealand contingent for purposes of the exercise in which it is participating will be given entry free of all duties and taxes by the Government of the Solomon Islands provided that a detailed list of New Zealand stores and equipment is forwarded to the Government of the Solomon Islands. Each New Zealand contingent will also provide to the Government of the Solomon Islands a list of weapons by type and serial number.

10. Each New Zealand contingent will be permitted to take with it upon departure all equipment brought by it into the Solomon Islands for the purpose of Exercises Tropic Dawn 88 and SOLMED 88 free from export duties and related charges and restrictions.

11. New Zealand servicemen will be entitled to use New Zealand drivers licences.

12. The New Zealand contingents will provide their own 24 hour ration packs which will comply with the agricultural requirements of the Solomon Islands.

13. For the purpose of the command and control of members of the New Zealand contingent participating in Tropic Dawn 88 and SOLMED 88 and for exercise purposes, the Government of the Solomon Islands will allow the New Zealand contingents to establish and operate HF and VHF radio stations using frequencies approved by the Solomon Islands Government, and to utilise existing masts and antenna systems in Honiara and to lease a satellite circuit between Honiara and Warkworth.

14. New Zealand servicemen may wear uniform in performing official duties in the Solomon Islands.

15. New Zealand servicemen while in the Solomon Islands for purposes of Exercise Tropic Dawn 88 may possess and carry arms on condition that they are authorised to do so by their orders and provided that arrangements regarding the carrying of arms outside areas and facilities in use by the visiting contingent have been made between the appropriate authorities of the two Governments. Live ammunition will be used during a practice on the Solomon Islands Police firing range. No arms or ammunition will be carried during Exercise SOLMED 88.

16. The Solomon Islands Government will make available 20 members of the Royal Solomon Islands Police Force who will provide interpreter support and advice for the New Zealand contingent taking part in Exercise Tropic Dawn and will also participate in some of that contingent's field craft activities. The New Zealand contingent in that Exercise will provide rations and field equipment for the Solomon Islands Police contingent and an armourer to carry out safety checks on Police rifles and on-the-job training to Police weapons custodians.

17. The New Zealand contingent taking part in SOLMED 88 will prior to its departure from New Zealand forward the names and details of the professional qualifications of those members of the contingent who are qualified medical practitioners for provisional registration on the Solomon Islands medical register for the duration of SOLMED 88 so that they may undertake the medical programme agreed between officials of New Zealand and the Solomon Islands.

18. The Government of the Solomon Islands will grant New Zealand servicemen participating in Exercises Tropic Dawn 88 and SOLMED 88 exemption from departure tax.

19. The rights of the two Governments with respect to criminal and disciplinary jurisdiction over the New Zealand contingents participating in Exercises Tropic Dawn 88 and SOLMED 88 will be as follows:

(a) The New Zealand Service authorities on behalf of the Government of New Zealand will have the right to exercise in the territory of the Solomon Islands all criminal and disciplinary jurisdiction conferred on them by the law of New Zealand over all New Zealand servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88.

(b) The Government of the Solomon Islands will have jurisdiction over all New Zealand servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88 with respect to offences committed in the territory of the Solomon Islands and punishable by the law of the Solomon Islands.

(c) The New Zealand Service authorities will have the right to exercise exclusive jurisdiction over New Zealand servicemen with respect to offences punishable by the law of New Zealand but not by the law of the Solomon Islands.

(d) The Government of the Solomon Islands will have the right to exercise exclusive jurisdiction over all New Zealand servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88 with respect to offences punishable by the law of the Solomon Islands but not by the law of New Zealand.

(e) In the cases where the right to exercise jurisdiction is concurrent the following rules will apply:

(1) the New Zealand Service authorities will have the primary right to exercise jurisdiction over New Zealand servicemen in relation to:

(a) offences solely against the property or security of New Zealand;

(b) offences solely against the person or property of a New Zealand serviceman or servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88;

(c) offences arising out of any act or omission done in the performance of official duty;

(2) in the case of any other offences the Government of the Solomon Islands will have the primary right to exercise jurisdiction;

(3) if the Government having the primary right to exercise jurisdiction under the foregoing paragraphs decides not to exercise jurisdiction, it will notify the other Government as soon as practicable: the Government having primary jurisdiction in any such situation will give sympathetic consideration to a request from the other Government for waiver of jurisdiction.

(f) The foregoing paragraphs will not confer on the New Zealand Service authorities any right to exercise jurisdiction over persons who are nationals of or ordinarily resident in the Solomon Islands unless they are New Zealand servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88.

(g) The New Zealand Service authorities and the Government of the Solomon Islands will assist each other in the arrest of New Zealand servicemen taking part in Exercises Tropic Dawn 88 and SOLMED 88 where such arrest is necessary to allow the exercise of jurisdiction provided for in the above paragraphs and, subject to paragraphs (h) and (i) of this clause, in handing them over to the Government which is to exercise jurisdiction in accordance with the above paragraphs.

(h) The Government of the Solomon Islands will notify promptly the New Zealand Service authorities of the arrest of any New Zealand serviceman taking part in Exercises Tropic Dawn 88 and SOLMED 88.

(i) Where the Government of the Solomon Islands has arrested a New Zealand serviceman taking part in Exercises Tropic Dawn 88 or SOLMED 88 the Government of the Solomon Islands will if so requested release him to the custody of the New Zealand Service authorities in the Solomon Islands pending completion of trial proceedings provided that he will, on request, be made available to the Government of the Solomon Islands.

(j) The New Zealand Service authorities and the Government of the Solomon Islands will in all cases, including those giving rise to concurrent jurisdiction, assist each other in the carrying out of all necessary investigations into offences and in the collection and production of evidence, including the seizure of and, in appropriate cases, the handing over of objects in connection with an offence, The handing over of such objects, however, may be made subject to their return within any reasonable time specified by the Government delivering them.

(k) The New Zealand Service authorities and the Government of the Solomon Islands will notify each other of the disposal of all cases in which there are concurrent rights to exercise criminal jurisdiction.

(I) Where an accused has been tried in accordance with the preceding paragraphs by the New Zealand Service authorities or by the Government of the Solomon Islands, and has been convicted or acquitted (which expressions will include any other final disposal of a charge) he may not be tried again for the same or substantially the same offence by either Government: this paragraph will not prevent the New Zealand Service authorities from trying a New Zealand serviceman for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Government of the Solomon Islands.

(m) In addition to the provision of any agreement entered into between New Zealand and the Solomon Islands concerning the return of prisoners from one country to the other, where a New Zealand serviceman taking part in Exercises Tropic Dawn 88 or SOLMED 88 has been sentenced under the law of the Solomon Islands to a term of imprisonment and he makes a request, which is supported by the Government of New Zealand, that his term of imprisonment be served in New Zealand, his request will be given sympathetic consideration by the Government of the Solomon Islands.

20.	(a) The two Governments will consult on the settlement of claims by one against the other arising from the loss of or damage to property owned or being used by one of them and caused by an act or omission of a member of the armed forces of the other in the performance of official duty where such damage or loss has occurred in the course of Exercises Tropic Dawn 88 or SOLMED 88, due regard being had in the settlement of such claims and in the determination of appropriate compensation payable to the criteria set out in paragraph b for the settlement of claims against the Government of New Zealand by third parties.

(b) The Government of New Zealand will pay just and reasonable compensation in accordance with the law of the Solomon Islands for meritorious claims by third parties in respect of loss of life or injury to such third parties or loss of property or damage to property belonging to such third parties where such damage or loss is caused by the act or omission (done in the performance of official duty) of a New Zealand serviceman or servicemen while in the Solomon Islands for purposes of Exercises Tropic Dawn 88 and SOLMED 88 and where the Government of the Solomon Islands, after investigation, certify the claims:

i as having been submitted in good faith, within three months of the act of omission,

ii as being reasonable in nature, and

iii where they relate to property damage, as seeking sums which reflect accurately the current market prices for returning the damaged property to the condition it was in before such damage, and

iv where they relate to loss of property, as seeking sums which reflect accurately the value of such property immediately prior to such loss.

21. The Government of New Zealand will take measures to ensure that members of their visiting contingents are aware of their duty and observe the laws and regulations of the Solomon Islands.

22. This agreement shall not extend to the Cook Islands, Niue or Tokelau.

If the foregoing is acceptable to the Government of the Solomon Islands, I have the honour to propose that this Note, together with your reply to that effect, shall constitute an agreement between our two Governments which shall enter into effect on the date of your reply.

Accept, Sir, the renewed assurances of my highest consideration.

Yours sincerely 

B. R. HILLIER
High Commissioner.

No. 2 

The Right Honourable Sir PETER KENILOREA 
Minister for Foreign Affairs 
Solomon Islands

to

His Excellency Mr BERNARD HILLIER
New Zealand High Commissioner
Solomon Islands

Ministry of Foreign Affairs 
Honiara 

18 August 1988

Dear High Commissioner,

I have the honour to refer to your Note dated 15 August, 1988 which sets out jurisdictional and other arrangements which you proposed should be applicable to contingents of the New Zealand Armed Forces visiting Solomon Islands for Exercise Tropic Dawn 88 to be held between 20 August and 2 September and for Exercise SOLMED 88 to be held between 29 August and 19 September, 1988.

I have further honour to now confirm that all arrangements therein are acceptable to the Government of Solomon Islands who therefore regard your Note and this reply as placing on record the understanding reached between our two Governments in this matter which will come into operation on today's date.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

Yours sincerely,

Sir PETER KENILOREA 
Minister for Foreign Affairs.