EXCHANGE OF LETTERS CONSTITING AN AGREEMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND AND THE GOVERNMENT OF THE REPUBLIC OF FIJI CONCERNING THE VISIT OF A NEW ZEALAND DEFENCE FORCE CONTINGENT TO FIJI FOR EXERISE TROPIC DUSK 93

(Suva, 28 July 1993)

ENTRY INTO FORCE: 28 JULY 1993

No. 1 

His Excellency Mr Don MacKay 
Ambassador Of New Zealand to the Republic of Fiji 

to 

The Honourable Major General Sitiveni Rabuka, O.B.E., M.S.D. 
Prime Minister of the Republic of Fiji and Minister of Home Affairs and Immigration

New Zealand Embassy
Suva

20 July 1993

Sir,

I have the honour to refer to the talks held between Officials from New Zealand and Fiji in April 1993 concerning the visit of a New Zealand Defence Force contingent to Fiji for Exercise TROPIC DUSK 93, to be held between 21 July and 10 August 1993. The purpose of the exercise is to give New Zealand Service personnel practice in independent low-level military operations in a tropical environment, to undertake training assistance to the Republic of Fiji Military Forces (RFMF), exercise with the RFMF and carry out civil aid tasks.

I now propose on behalf Of the Government of New Zealand that agreement be reached between our two Governments relating to this exercise, on the following terms:

1. The Government Of New Zealand shall send a contingent Of 140 Army personnel to Fiji between 21 July and 10 August 1993 to take part in Exercise TROPIC DUSK 93. An advance group Of seven New Zealand contingent personnel will deploy by civilian airline several days before the arrival Of the main body. The contingent will deploy to and from Fiji by RNZAF Hercules C130 aircraft, arriving on 21 July 1993. The contingent will include a 10-man mutual assistance training team and a 10-man Army engineer civil aid team.

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 contingent" means that group of New Zealand Servicemen who will be visiting Fiji for the purpose of taking part in Exercise TROPIC DUSK 93 in Fiji.

"New Zealand Serviceman" means an individual member of the New Zealand contingent who will be visiting Fiji for the purpose of taking part in Exercise TROPIC DUSK 93.

"New Zealand Service authorities" means the authorities empowered by the law of New Zealand to exercise command and jurisdiction over members of the New Zealand contingent while they are participating in Exercise TROPIC DUSK 93.

"The Fiji authorities" means the authorities from time to time designated by he Government of Fiji for the purpose of exercising the powers in relation to which the term is used.

3. The New Zealand contingent taking part in Exercise TROPIC DUSK 93 shall be permitted to hold a company exercise which will involve a:

(a) brief theatre familiarisation and marry-up period in Queen Elizabeth Barracks (QEB), Suva, prior to the start of field training and the field exercise;

(b) field exercise, which shall include up to 50 RFMF personnel in low level military operations.
The field exercise shall take place on Vitu Levu and comprise the following phases:

4.	(a) Phase One. This shall include:

(1) establishing a support base at QEB, of 10 New Zealand Servicemen to maintain communications and provide base administrative support to personnel in the field; and

(2) an element of New Zealand Servicemen and RFMF personnel deploying by vehicle to the Nambukavesi exercise area in the Navua region to establish a forward base camp for the purposes of supporting the field training and field exercise.

(b) Phase Two. This shall include:

(1) the deployment of the New Zealand contingent and RFMF personnel to the Nambukavesi exercise area; and

(2) the conduct of field training skills for New Zealand and RFMF integrated section and platoon groups in the Nambukavesi exercise area.

(c) Phase Three. This shall include:

(1) the deployment of tactical groups including both New Zealand Servicemen and 30 RFMF personnel to conduct searches for opposing force groups;

(2) the conduct of operations to isolate opposing force groups;

(3) the conduct of small scale attacks on opposing force groups in the Nambukavesi exercise area; and

(4) the conduct of combined attack on the main opposing force position.

(d) Phase Four. This shall include: 

(1) a move back to QEB; and 

(2) final administration prior to redeployment to New Zealand.

5. The New Zealand contingent shall also:

(a) undertake the conduct of one Shooting Coaches Course at the Army Training Group, Nasinu, for up to 21 RFMF personnel;

(b) undertake the conduct of one 19 day Training Development Course at QEB for 15 RFMF personnel;

(c) provide one Catering Instructor for on-the-job training at the QEB kitchen;

(d) provide one Ammunition Technician to inspect magazines and current holdings of all ammunition types;

(e) provide one Armourer to conduct weapons inspections of available RFMF weapons; and

(f) provide one Physical Training Instructor to conduct an Assistant Physical Training Instructor's Course.

6. Apart from mutual assistance training, the New Zealand contingent shall:

(a) undertake assistance as agreed between the New Zealand Service authorities and the Fiji authorities.

7. The Government of Fiji shall:

(a) on arrival in Fiji and departure from Fiji, provide military transport for movement to and from the point of entry at no cost to the New Zealand Service authorities, except for a proportional cost for fuel as agreed between the New Zealand Service authorities and the RFMF authorities;

(b) provide 3 RFMF personnel to assist New Zealand Servicemen in maintaining HF communications in the field;

(c) provide 30 RFMF personnel to take part in the Company exercise but remaining within the RFMF chain of command;

(d) in conjunction with 10 New Zealand Servicemen, provide further group of 20 RFMF personnel to represent an opposing force in the Nambukavesi area;

(e) assist with the provision of trucks GS and light vehicles for troop transport whilst in Fiji at no cost to the New Zealand Service authorities except for a proportional cost for fuel as agreed between the New Zealand Service authorities and the RFMF authorities;

(f) provide base camp facilities at QEB to include an area of land for an aerial farm, an armoury, an ammunition magazine, living and office accommodation, use of one 3.5 KVA generator and one truck GS for administrative purposes, all as agreed between the New Zealand Service authorities and the RFMF authorities;

(g) make available the use of land in the Nambukavesi exercise area, Navua region, for establishing a training base and deployment launching point;

(h) make available the use of land in the Nambukavesi exercise area to train New Zealand Servicemen and RFMF personnel (including the opposing force group) for the purposes of the conduct of the main exercise activities;

(i) make available the use of firing ranges and training facilities at QEB and the Army Training Group at Nasinu, for the purposes of conducting the Shooting Coaches Course, the Training Development Course and the Assistant Physical Training Instructor's Course;

(j) provide rations and accommodation at no cost to the New Zealand Service authorities for the New Zealand Servicemen engaged in the provision of training assistance under the auspices of the Mutual Assistance Programme; and

(k) provide accommodation at no cost and rations when in QEB to the New Zealand Service authorities for New Zealand Servicemen engaged in the provision of civil aid.

8. The Government of New Zealand shall supply rations and ammunition for RFMF personnel taking part in the field exercise and rations for civil aid personnel when deployed outside QEB.

9. The Government of New Zealand shall supply, on short term loan, field packs for RFMF personnel involved in the field exercise.

10. The Fiji authorities shall not levy landing charges against the Government of New Zealand for the use of airport facilities in connection with Exercise TROPIC DUSK 93.

11. The Fiji authorities shall facilitate the entry of the New Zealand contingent into Fiji by not requiring passports of its members. The following documents shall, however, be required for entry into Fiji:

(a) 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; and

(b) 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 the New Zealand contingent.

12. All freight and exercise stores and equipment required by the New Zealand contingent for the exercise shall be given entry free of all duties and taxes by the Fiji authorities provided that a detailed list of New Zealand stores and equipment is forwarded to the Fiji authorities. The New Zealand contingent shall provide to the Fiji authorities a list of weapons by type and serial number prior to the commencement of Exercise TROPIC DUSK 93.

13. The New Zealand contingent shall be permitted to take with it upon departure all equipment brought by it into Fiji for the purpose of Exercise TROPIC DUSK 93 free from export duties and related charges and restrictions.

14. New Zealand Servicemen shall be entitled to use valid New Zealand drivers licences and New Zealand Army drivers licences whilst driving in Fiji during Exercise TROPIC DUSK 93.

15. The New Zealand contingent shall provide their own 24 hour ration packs which shall comply with the agricultural requirements of Fiji.
16. For the purpose of the command and control of members of the New Zealand contingent, for exercise purposes and communications to New Zealand, the Fiji authorities shall allow the New Zealand contingent to establish and operate HF and VHF radio stations using frequencies approved by the Fiji Government.

17. New Zealand Servicemen shall be permitted to wear uniform while performing official duty in Fiji.

18. New Zealand Servicemen 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. Only blank ammunition and pyrotechnics shall be permitted to be carried and used during Exercise TROPIC DUSK 93 and then only during formal periods of training. The Fiji authorities shall make available to the contingent suitable facilities for the storage of blank ammunition and pyrotechnics.

19. The Fiji authorities shall grant New Zealand Servicemen participating in Exercise TROPIC DUSK 93 exemption from departure tax.

20. The rights of the two Governments with respect to criminal and disciplinary jurisdiction over the New Zealand contingent participating in Exercise TROPIC DUSK 93 shall be as follows:

(a) The New Zealand Service authorities shall have the right to exercise within Fiji 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 Fiji.

(b) The Fiji authorities shall have the right to exercise jurisdiction over New Zealand Servicemen with respect to offences committed in Fiji and punishable by the law of Fiji and the right to exercise exclusive jurisdiction with respect to offences punishable by the law of Fiji 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 Service authorities shall have the primary right to exercise jurisdiction over New Zealand servicemen in relation to:

a. offences solely against the property and security of New Zealand;

b. offences solely against the person or property of another New Zealand Serviceman taking part in Exercise TROPIC DUSK 93;

c. offences arising out of any act or omission done in the performance of official duty as a New Zealand Serviceman.

(2) In the case of any other offences the Fiji 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 Fiji unless they are New Zealand Servicemen.

(d) The New Zealand Service authorities and the Fiji authorities shall assist each other in the arrest of New Zealand Servicemen taking part in Exercise TROPIC DUSK 93 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 authorities which are to exercise jurisdiction in accordance with the above paragraphs.

(e) The Fiji authorities shall notify promptly the New Zealand Service authorities of the arrest of any New Zealand Serviceman taking part in Exercise TROPIC DUSK 93.

(f) Where the Fiji authorities have arrested a New Zealand Serviceman taking part in Exercise TROPIC DUSK 93, the Fiji authorities shall if so requested release him to the custody of the New Zealand Service authorities in Fiji pending completion of trial proceedings provided that he shall, on request, be made available to the Fiji authorities.

(g) The New Zealand Service authorities and the Fiji authorities 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 Fiji authorities 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 a Fiji court, and has been convicted or acquitted (which expressions shall include any other final disposal of charge), he may not be tried again for the same offence or substantially the same offence by either Government. This paragraph shall not prevent the New Zealand Service authorities from trying or dealing with 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 under Fiji law.

(j) In addition to the provision of any agreement entered into between New Zealand and Fiji concerning the return of prisoners from one country to another, where a New Zealand Serviceman taking part in Exercise TROPIC DUSK 93 has been sentenced under the law of Fiji to a term of imprisonment and the Serviceman makes a request, which is supported by the Government of New Zealand, that the Serviceman's term of imprisonment be served in New Zealand, the Serviceman's request shall be given sympathetic consideration by the Government of Fiji.

21. The two Governments shall consult on the settlement of claims by one against the other arising from 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 or an employee of the other in the performance of official duty where such damage or loss has occurred in the course of Exercise TROPIC DUSK 93. Due regard will be had in the settlement of such claims and in the determination of the appropriate compensation payable, to the criteria set out in Clause 22 of this agreement for the settlement of claims against the Government of New Zealand by third parties.

22. The Government of New Zealand shall pay just and reasonable compensation in accordance with the law of Fiji 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 while in Fiji for the purpose of Exercise TROPIC DUSK 93 and where the Fiji authorities, after investigation, certifies the claims:

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

(b) as being reasonable in nature;

(c) 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

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

23. The Government of New Zealand shall take measures to ensure that members of the New Zealand contingent are aware of their duty to observe the laws and regulations of Fiji.

If the foregoing is acceptable to the Government of Fiji, 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.

D. J. MAcKAY
Ambassador

No. 2

The Honourable Major General Sitiveni Rabuka, O.B.E., M.S.D.
Prime Minister of the Republic of Fiji and Minister of Home Affairs and Immigration

to 

His Excellency Mr Don MacKay 
Ambassador of New Zealand to the Republic of Fiji

Suva

28 July 1993
Dear Ambassador,

I have the honour to acknowledge the receipt of your letter dated 20 July 1993, which reads as follows:

[As in No. 1]

I have the honour to confirm that the above proposal is acceptable to the Government of Fiji and that your letter together with this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

Accept, your Excellency, the assurances of my highest consideration.

MAJOR GENERAL SITIVENI RABUKA, O.B.E., M.S.D.
Prime Minister and Minister for Home Affairs and Immigration