Key Takeaways
- The New Zealand navy vessel HMNZS Manawanui sank on October 6 last year while surveying the south coast of Upolu, resulting in a compensation claim from the Samoa government.
- The Samoa government received 10 million tala (approximately $6 million) from New Zealand and will not seek further compensation.
- A Pacific security expert questions whether New Zealand should be the only country paying compensation, suggesting other actors may have been involved in the reef survey.
- The agreement between New Zealand and Samoa is a treaty under international law, but it does not bind third-party litigants, and villagers may still seek legal advice and support in New Zealand.
Introduction to the Incident
The sinking of the New Zealand navy vessel HMNZS Manawanui on October 6 last year has raised questions about compensation and the involvement of other countries in the reef survey. The vessel was surveying the south coast of Upolu when it hit the Tafitoala reef, caught fire, and sank. The incident occurred during the Commonwealth Heads of Government Meeting (CHOGM), drawing significant attention to the Manawanui. Pacific security expert Dr. Iati Iati has questioned whether New Zealand should be the only country paying compensation, suggesting that other actors may have been involved in the reef survey.
Compensation and Agreement
The Samoa government received 10 million tala (approximately $6 million) from New Zealand and has agreed not to seek further compensation. The agreement between the two governments is a treaty under international law, and its terms are legally binding on both countries. However, this agreement does not bind third-party litigants, and villagers may still seek legal advice and support in New Zealand. Dr. Iati Iati has expressed curiosity about how the Ministry of Foreign Affairs in Samoa arrived at the figure of 10 million tala, wondering if there were studies done or if the figure was simply "plucked out of thin air."
Diplomatic Pressure and Sovereign Immunity
Auckland University of Technology law professor Paul Myburgh has suggested that the New Zealand government applied political pressure on the Samoa government to accept the low payout. The letters between Winston Peters and then Samoa Prime Minister Fiame Naomi Mata’afa appear to be a diplomatic way to end Samoa’s compensation claim. Myburgh also noted that New Zealand could evoke sovereign immunity regarding the Manawanui, as it is a naval vessel, and therefore could not be sued through the Samoan courts. However, proceedings could be brought under the Crown Proceedings Act in the New Zealand courts against the New Zealand government.
Next Steps and Environmental Concerns
A spokesperson from New Zealand’s Ministry of Foreign Affairs and Trade stated that New Zealand paid the full amount requested by the government of Samoa. The payment demonstrates that New Zealand has resolved several issues stemming from the sinking of the Manawanui, including the removal of diesel fuel and other pollutants, as well as debris. New Zealand is awaiting the results of an independent wreck assessment, along with reef and environmental studies, to inform the next steps for the ship. The agreement between New Zealand and Samoa is a treaty under international law, and its terms are legally binding on both countries.
Potential for Further Action
Despite the agreement between New Zealand and Samoa, villagers may still seek legal advice and support in New Zealand. Dr. Iati Iati has suggested that there may be an email trail that precedes the correspondence between Peters and Fiame, which could provide valuable insight into the issue. The possibility of bringing proceedings under the Crown Proceedings Act in the New Zealand courts against the New Zealand government remains, and villagers may choose to pursue this option if they feel they have been short-changed. The incident highlights the complexities of international agreements and the potential for further action to be taken.
