Cook Islands Prime Minister Mark Brown says he will only re-work constitutional ties with New Zealand if the new agreement makes it clear his country is now "more independent" — risking a fresh brawl with Wellington.
Mr Brown has been caught up in a bitter dispute with New Zealand over contentious agreements he's signed with China, as well as his push to introduce a passport for Cook Islands.
New Zealand says both those moves are in breach of long-standing constitutional agreements from 1965, 1973 and 2001, which make it clear Cook Islands must consult with it over foreign policy and security issues.
Earlier this year, New Zealand's Foreign Minister Winston Peters said ties needed to be "reset" and suggested a new agreement should be struck to "restate" the "overall parameters and constraints of the free association model" that buttresses the relationship.
Cook Islands residents enjoy New Zealand citizenship and residency under those agreements, but Mr Peters has said the arrangement makes it clear the Pacific nation shouldn't pursue policies "significantly at variance with New Zealand's interests".
Mr Brown has told the ABC's The Pacific program that he was not pushing to make any changes to his country’s constitutional arrangements.
But he said if New Zealand wanted a new agreement, then it should reflect the fact Cook Islands had become more independent over the decades and shouldn’t “wind back the clock” to the colonial era.
"It may be that some of the documents that were signed all those years ago, it may be a matter now for reviewing those documents in light of the fact the Cook Islands is now a much more independent country than it was in 1965," Mr Brown said.
He also rejected the suggestion that a new agreement could resemble the Falepili Union between Australia and Tuvalu, which specifically gives Canberra the right to veto any security agreements that the Pacific nation makes with other countries.
Mr Brown said that Tuvalu had made "quite a sacrifice of its sovereignty" under the Falepili Union, and he didn't want Cook Islands to follow suit with New Zealand.
"If there's anything, I would see a review of our arrangement which recognises the fact that the Cook Islands — not only is it one of the first countries to achieve high income status in the region, but it's one that is well-respected within the region for being able to have its own voice (and) a country that does make its own choices," he told the ABC.
Mr Brown's comments are unlikely to be well received in Wellington, which has accused Mr Brown of flagrantly ignoring his obligations under the free association pact.
A spokesperson for Mr Peters said that the Cook Islands was free to pursue full independence from New Zealand at any time, but that this was a decision for the Cook Islands people, not politicians.
"We believe the overwhelming majority of Cook Islanders support our special constitutional relationship, which provides for New Zealand citizenship and passports," they said.
"But if Prime Minister Brown wants the Cook Islands to be fully independent from New Zealand — so he has the ability to pursue foreign and defence policies without the need to meaningfully consult New Zealand — he should make that case to the Cook Islands people.
"Unlike Samoa, Tonga and Tuvalu, the Cook Islands is not a fully independent and sovereign state. Unless that changes via a referendum, the Cook Islands is bound by a long-standing constitutional understanding that it must not pursue policies significantly at variance with New Zealand interests."
China deals a point of tension
While the prime minister has shelved his passport proposal, the two countries remain at loggerheads over the agreements signed with China — including a "blue economy" pact designed to bolster seabed mineral exploration and port development.
Analysts say the MoU will offer clear opportunities to China, which will be able to use commercial actors to establish a strategic presence in the Cook Islands.
[MAP]But Mr Brown has rubbished that suggestion, saying the agreement only provides a framework for commercial deals, and that local landowners will have to give a green light to any new developments.
The prime minister said there were no security elements to the deals, and that Wellington's fears were misplaced.
"I've been very clear that within this agreement there are no arrangements for security that they were fearful of that might be contained in these agreements," he said.
"We very much rely on our traditional security arrangements that are in place with our traditional partners of New Zealand and Australia."
But that's unlikely to convince New Zealand, which remains concerned the deals have security implications for the region.
Mr Peters has previously said New Zealand would "review" the China-Cook Islands agreements before deciding what next steps it should take.
Mr Brown said he was still "waiting for New Zealand to provide feedback on their review of the documents that have been signed" and he would "wait to hear back from New Zealand on what their concerns are."
But Mr Peters’s spokesperson said New Zealand had already made its concerns clear to Cook Islands.
"These concerns relate to both the substance and scope of the agreements and the fact the Cook Islands government consulted neither the Cook Islands people nor New Zealand before signing them.
"These concerns have been expressed repeatedly and in detail to the Cook Islands government orally and in writing, but to date have not been substantively addressed.
"We have sought urgent and meaningful engagement with the Cook Islands government about these concerns. We have also made the point that nothing else in the Cook Islands-New Zealand relationship can progress until the Cook Islands government substantively addresses our concerns on this vital issue."
Mr Peters' spokesperson added that it was clear, based on publicly available texts, that the agreements signed by China and the Cook Islands had a range of security elements and implications.
