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 89 AND TROPIC MERCURY 89

(Honiara 1 and 2 August 1989)

ENTRY INTO FORCE: 2 AUGUST 1989

No. 1 

Mr BERNARD HILLIER 
New Zealand High Commissioner to Solomon Islands 

to 

The Honourable SIR BADDELEY DEVESI 
Minister for Foreign Affairs and Trade Relations

Honiara 

1 August 1989
My Dear Minister,

(1) TEXT OF INITIATING NOTE

I have the honour to refer to the talks held between officials from New Zealand and Solomon Islands in May 1989 concerning the visit of contingents of the New Zealand Armed Forces to Solomon Islands for Exercise Tropic 89 to be held between 21 August and 02 September 1989 and for Exercise Tropic Mercury 89 to be held between 01 September and 15 September 1989. 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 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 80 members of the Royal New Zealand Air Force to Solomon Islands between 21 August and 02 September 1989 to take part in Exercise Tropic 89 in order to practice flying operations, survival training, communications in a tropical environment and to undertake civic assistance tasks requested by the Government of Solomon Islands and a contingent of 120 Army personnel to Solomon Islands between 01 September and 15 September 1989 to take part in Exercise Tropic Mercury 89 In order to practice infantry skills, operations and communications 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 Solomon Islands for the purpose of taking part in Exercises Tropic Mercury 89 and Tropic 89 in Solomon Islands.

''New Zealand servicemen'' means individual members of the contingents of the New Zealand Armed Forces who will be visiting Solomon Islands for the purpose of taking part in Exercises Tropic Mercury 89 and Tropic 89.

''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 Exercises Tropic Mercury 89 and Tropic 89.

3. The New Zealand contingent taking part in Exercise Tropic 89 shall be permitted to:

(a) conduct Andover and Iroquois aircraft flying operations within Solomon Islands;

(b) use airfields within Solomon Islands for short take off and landing training, Andover and Iroquois aircraft operations and as airheads for civic action tasks;

(c) use a designated area at Henderson field as a base camp including the digging of soak pits for the disposal of swill;

(d) to use airport facilities, subject to payment, including refuse disposal, electricity, water supplies and telephone cables;

(e) conduct survival training on Kolombangara;

(f) establish a base camp for survival training on Kolombangara; 

(g) provide instruction to RSIP personnel in working with helicopters and fixed wing aircraft, with particular emphasis on disaster relief operations.

4. The New Zealand contingent taking part in Exercise Tropic Mercury 89, shall be permitted to:

(a) conduct infantry minor tactics training on Guadalcanal;

(b) use a designated area at Red Beach for the exercise base camp; 

(c) use the RSIP barracks in Honiara as a staging camp on completion of the exercise;

(d) to conduct infantry minor tactics training for 30 members of the RSIP.

5. One officer shall be stationed in Honiara from one week before the arrival of the main body of the contingent taking part in Exercise Tropic Mercury 89 to provide liaison with officials of Solomon Islands during Tropic Mercury 89.

6. The Solomon Islands Government shall make available 30 members of the RSIP for training and to provide interpreter support, liaison, and advice to the New Zealand contingent taking part in Exercise Tropic Mercury 89.

7. The Solomon Islands Government shall make available 10 members of the RSIP for training and to provide interpreter support, liaison, advice and jungle survival skills to the New Zealand contingent taking part in Exercise Tropic 89.

8. The Government of Solomon Islands shall not levy landing charges against the Government of New Zealand for the use of airport facilities in connection with exercises Tropic 89 and Tropic Mercury 89.

9.	(a) The Government of Solomon Islands shall facilitate the admission of the New Zealand contingents for the purpose of taking part in Exercise Tropic 89 and Tropic Mercury 89.

(b) The following documents shall be required to be in the possession of members of the New Zealand contingents for entry into Solomon Islands for purposes of taking part in Exercises Tropic 89 and Tropic Mercury 89:

(1) 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;

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

(c) Passports shall not be required by members of a New Zealand contingent for entry into Solomon Islands for purposes of taking part in Exercise Tropic 89 and Tropic Mercury 89.

10. All freight and exercise stores and equipment required by a New Zealand contingent for purposes of the exercise in which it is participating shall be given entry free of all duties and taxes by the Government of Solomon Islands provided that a detailed list of New Zealand stores and equipment is forwarded to the Government of Solomon Islands. The New Zealand contingent taking part in Exercise Tropic Mercury 89 shall also provide to the Government of Solomon Islands a list of weapons by type and serial number.

11. Each New Zealand contingent shall be permitted to take with it upon departure all equipment brought by it into Solomon Islands for the purpose of Exercises Tropic 89 and Tropic Mercury 89 free from export duties and related charges and restrictions.

12. New Zealand servicemen shall be entitled to use valid New Zealand drivers licences and New Zealand Army drivers licences.

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

14. For the purpose of the command and control of members of the New Zealand contingent participating in Exercises Tropic 89 and Tropic Mercury 89 and for exercise purposes, the Government of Solomon Islands shall allow the New Zealand contingents to establish and operate HIP and VHF radio stations using frequencies approved by Solomon Islands Government.

15. New Zealand servicemen shall be permitted to wear uniform in performing official duties in Solomon Islands.

16. New Zealand servicemen while in Solomon Islands for purposes of Exercise Tropic Mercury 89 shall be permitted to 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 Solomon Islands Police firing range, No arms or ammunition will be carried during Exercise Tropic 89.

17. The Government of Solomon Islands shall grant New Zealand servicemen participating in Exercises Tropic 89 and Tropic Mercury 89 exemption from departure tax.

18. The New Zealand contingents shall provide rations, ammunition and field equipment for Solomon Islands Police contingents participating in Exercises Tropic 89 and Tropic Mercury 89.

19. The New Zealand Government shall pay any additional staff costs incurred as a result of the need to keep airport facilities operating outside normal hours during Exercise Tropic 89.

20. The rights of the two Governments with respect to criminal and disciplinary jurisdiction over the New Zealand contingent participating in Exercises Tropic 89 and Tropic Mercury 89 shall be as follows:

(a) The New Zealand Service Authorities shall have the right to exercise within Solomon Islands all criminal and disciplinary jurisdiction conferred on them by the law of New Zealand over New Zealand servicemen, and exclusive jurisdiction over the New Zealand servicemen with respect to offences punishable by the law of New Zealand but not by the law of Solomon Islands.

(b) The authorities of Solomon Islands shall have the right to exercise jurisdiction over New Zealand servicemen with respect to offences committed in Solomon Islands and punishable by the law of Solomon Islands and the right to exercise exclusive jurisdiction with respect to offences punishable by the law of Solomon Islands but not by the law of New Zealand.

(c) In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

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

(i) offences solely against the property and security of New Zealand;

(ii) offences solely against the person or property of another serviceman taking part in Exercise Tropic 89 and Tropic Mercury 89;

(iii) offences arising out of any act or omission done in the performance of an official duty as a New Zealand serviceman.

(2) In the case of any other offences Solomon Islands authorities shall have the primary right to exercise jurisdiction.

(3) If the authorities having the primary right to exercise jurisdiction under these rules decide not to exercise jurisdiction they shall notify the other authorities as soon as practicable. The authorities having primary right to exercise jurisdiction shall give consideration to a request from the other authorities for a waiver of jurisdiction.

(4) The foregoing paragraphs shall not confer any right on New Zealand service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Solomon Islands unless they are New Zealand servicemen.

(d) The New Zealand Service authorities and the Government of Solomon Islands shall assist each other in the arrest of New Zealand servicemen taking part in Exercises Tropic 89 and Tropic Mercury 89 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.

(e) The Government of Solomon Islands shall notify promptly the New Zealand Service authorities of the arrest of any New Zealand serviceman taking part in Exercises Tropic 89 and Tropic Mercury 89.

(f) Where the Government of Solomon Islands has arrested a New Zealand serviceman taking part in Exercise Tropic Mercury 89 or Tropic 89 the Government of Solomon Islands shall if so requested release him to the custody of the New Zealand Service authorities in Solomon Islands pending completion of trial proceedings provided that he shall, on request, be made available to the Government of Solomon Islands.

(g) The New Zealand Service authorities and the Government of Solomon Islands shall 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.

(h) The New Zealand Service authorities and the Government of Solomon Islands shall 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 Solomon Islands, and has been convicted or acquitted (which expressions shall 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 shall 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 Solomon Islands.

(j) In addition to the provision of any agreement entered into between New Zealand and Solomon Islands concerning the return of prisoners from one country to the other, where a New Zealand serviceman taking part in Exercise Tropic 89 or Tropic Mercury 89 has been sentenced under the law of 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 shall be given sympathetic consideration by the Government of Solomon Islands.

21.	(a) The two Governments shall 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 Exercise Tropic 89 or Tropic Mercury 89, 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 shall pay just and reasonable compensation in accordance with the law of 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 Solomon Islands for purposes of Exercises Tropic 89 and Tropic Mercury 89 and where the Government of Solomon Islands, after investigation, certify the claims:

(1) as having been submitted in good faith, within three months of the act of omission,

(2) as being reasonable in nature, and

(3) 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

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

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

If the foregoing is acceptable to the Government of 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

BERNARD HILLIER 
HIGH COMMISSIONER.

No. 2

SIR BADDELEY DEVESI
Minister for Foreign Affairs and Trade Relations 

to

Mr BERNARD HILLIER
New Zealand High Commissioner to Solomon Islands

Honiara

2 August 1989

Dear High Commissioner,

I have the honour to refer to your Note No. 89/36 dated 1 August, 1989 which sets out jurisdictional and other arrangements which as proposed should be applicable to contingents of the New Zealand Armed Forces visiting Solomon Islands for Exercise Tropic 89 to be held between 21 August and 2 September 1989 and for Exercise Tropic Mercury to be held between 1 September and 15 September 1989.

I have the 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 reacted between our two Governments in this matter which will come into operation on todays date.

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

Yours sincerely

SIR BADDELEY DEVESI
Minister for Foreign Affairs and Trade Relations