”Neither Fish Nor Fowl”: The Cook Islands, New Zealand and the politics of free association

Abstract

In 1965, the Cook Islands attained self-government in free association with New Zealand. That the Cook Islands chose self-government, rather than independence or integration, was significant and precedent-setting. They were the first dependent territory to choose free association after it had been endorsed by the United Nations in 1960 as a legitimate form of self-determination. At that time, most former colonies and dependent territories had become sovereign states. Since annexation by New Zealand in 1901, moreover, it was long assumed that the Cook Islands would integrate politically with New Zealand. Since 1965, the Cook Islands' political and constitutional relationship with New Zealand has evolved considerably. The Cook Islands nowadays exhibits all the hallmarks of a sovereign state. They have full and exclusive legal control of their domestic and external affairs, they have diplomatic relations with a number of countries and they ate a member in their own right of many regional and international organisations. Yet the formal terms of the relationship have remained fundamentally unchanged since 1965. Cook Islanders remain New Zealand citizens and the Cook Islands are still constitutionally part of the realm of New Zealand. They are not formally a sovereign state. The Cook Islands-New Zealand model of free association has therefore been the subject of much confusion and misunderstanding. This thesis examines the reasons why the Cook Islands opted for self-government and traces the subsequent evolution of the Cook Islands-New Zealand model of free association. I argue that free association was a compromise solution that was mutually acceptable to most concerned. The constitutional arrangements that underpinned the model were logical and sensible because they accommodated and suited the interests of both countries. I conclude that for the Cook Islands being "neither fish nor fowl" - neither fully independent nor integrated with New Zealand - is a legitimate and rational outcome. This is despite the fact that the bilateral relationship has at times been troublesome and contentious politically, that aspects of the constitutional arrangements are ambiguous and cumbersome, and that the Cook Islands' political status and relationship with New Zealand continues to confound and mystify many.