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Exchange of Letters Constituting an Agreement between the Government of Fiji and the Government of New Zealand on Search and Rescue Operations [1984] PITSE 3 (26 March 1984)

EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF FIJI AND THE GOVERNMENT OF NEW ZEALAND ON SEARCH AND RESCUE OPERATIONS

(Suva, 26 March and 19 June 1984)

ENTRY INTO FORCE: 19 JUNE 1984

No. 1

His Excellency L. J. WOOD
High Commissioner for New Zealand in Fiji

to

The Honourable JONATI MAVOA, CMG
Minister of Foreign Affairs, Tourism and Civil Aviation for Fiji

New Zealand High Commission,
P.O. Box 1378,
Suva, Fiji.

26 March 1984.

Dear Minister,

As you are aware the New Zealand Government has, for several decades, provided Air Directing Officers, aircraft and crews from the Royal New Zealand Air Force for Search and Rescue operations in the Fiji area and in the surrounding oceanic region. This assistance has been provided under longstanding arrangements with the New Zealand Civil Aviation authorities which, up to 30 June 1975, held the overall responsibility for the mounting and control of Search and Rescue operations in the Fiji region.

You will, however, be aware that such arrangements have had no official standing since 1 July 1975, when the Fiji Government assumed control of air traffic within its own region.

In view of the assistance which has in the past been provided by the Royal New Zealand Air Force, and in view of the desire of our two Governments to protect life and property generally, I have the honour, on behalf of the New Zealand Government, to propose an agreement between our two Governments whereby the New Zealand Ministry of Defence shall continue, through the Royal New Zealand Air Force, to provide Search and Rescue assistance as may be necessary in the future. It is proposed that this agreement be in the following terms:

1. Assistance from the New Zealand Ministry of Defence shall comprise provision of RNZAF Air Directing Officers and aircraft and crews for such Search and Rescue operations as are beyond the scope of Fiji's own Search and Rescue resources.

2. In any Search and Rescue emergency within the Nadi Search and Rescue Region (SRR)-(as defined in the attached Memorandum of Understanding), fullest possible use shall first be made of Fiji's own Search and Rescue resources before calling on the New Zealand Ministry of Defence for RNZAF assistance.

3. Although the New Zealand Ministry of Defence will continue to assist with the provision of Royal New Zealand Air Force personnel and aircraft in accordance with this agreement, it is the understanding of the two Governments that it may not be possible to provide immediate assistance upon every request. The degree and immediacy of such assistance shall depend on the availability at any one time of appropriate aircraft and crews in light of other Royal New Zealand Air Force activities and commitments.

4. The provision of assistance pursuant to this agreement shall be implemented as set out in the attached Memorandum of Understandings or as may be subsequently agreed by the Government of Now Zealand and the Government of Fiji.

If the foregoing is acceptable to the Government of Fiji, I suggest that this letter and your reply to that effect constitute an agreement between our two Governments which shall enter into force on the date of your reply.

Yours sincerely,

L. J. WATT,
High Commissioner.

MEMORANDUM OF UNDERSTANDINGS

1. It is understood that the Government of New Zealand through the Ministry of Defence will, insofar as is practicable and at the discretion of the Ministry of Defence, provide appropriate search aircraft on the basis described below and one or more Air Directing Officers to assist the Nadi Rescue Co-ordination Centre (RCC):

(a) Searches for Aircraft

At the request of the SAR Co-ordinator of the Nadi RCC one or more aircraft may be deployed to search for missing aircraft in the Nadi Search and Rescue Region (SRR) including the Fiji Domestic SAR area.

(b) Searches for Vessels within the Fiji Domestic SAR Area

At the request of the appropriate authorities in Fiji, one or more aircraft may be deployed to search for a vessel within the Fiji Domestic SAR area. The request will be processed through the SAR Co-ordinator of the Nadi RCC.

(c) Searches for Vessels within the Nadi SRR

At the request of Governments and their agents, or responsible authorities acting on their behalf, or from the Master of a vessel or a ship's agent, one or more aircraft may be deployed to search for a vessel within the Nadi SRR but outside the Fiji Domestic SAR area. The request will be processed through the SAR Co-ordinator of the Nadi RCC. Should, however, a request be made directly to the New Zealand Ministry of Defence or the RNZAF the SAR Co-ordinator of the Nadi RCC shall be advised of any search and rescue action proposed in the Nadi search and rescue region as a result of that request.

Flights by Heads of State within the Nadi SRR

2. It is understood that by arrangement between the Government of Fiji and the Government of New Zealand the Ministry of Defence may provide special SAR aircraft at the time of flights in the Nadi SRR by Heads of State or such other dignitaries as may be mutually agreed upon.

General

3. It is understood that if RNZAF aircraft are committed to SAR operations in the Nadi SRR, and the Nadi RCC is responsible for co-ordinating the search, the Government of Fiji will permit RNZAF Air Directing Officers to carry out SAR air directing duties at the Nadi RCC. These officers will be responsible to the SAR Co-ordinator of the Nadi RCC for the provision of advice on specialist aspects of air search and for directing the employment of RNZAF search aircraft. They will also be responsible to the Air Officer Commanding, Operations Group, RNZAF, for the operational control of assigned RNZAF aircraft.

4. Though RNZAF personnel or aircraft may not always be deployed for SAR operations, it is understood that RNZAF advice on SAR air operations will be available to the Fiji authorities at any time it may be required.

5. It is understood that during the period between an initial SAR alert and the arrival of the RNZAF Air Directing Officers) at Nadi, SAR air planning will be co-ordinated between the RNZAF Group Operations Centre, Operations Group Headquarters, Auckland, and the SAR Co-ordinator of the Nadi RCC.

6. It is understood that the administrative system to ensure the effective provision of SAR assistance will be decided by direct liaison between the Civil Aviation Authority of Fiji and the RNZAF.

7. For the purposes of these understandings the Fiji Domestic SAR Area shall be defined as the area enclosed by rhumb lines joining the following points:

From 12°S-176E
to 12°S-179E
15°S-179E
15°S-178W
21°S-178W
21 °S-176E
12°S-176E

8. For the purposes of these understandings the Nadi SRR shall be the area so defined as at 1 July 1977 in agreements reached through the International Civil Aviation Organisation. In the event of any change to the geographical boundaries of the Nadi SRR as so defined as at 1 July 1977 it is understood that the Government of Fiji and the Government of New Zealand will consult concerning the application of these understandings to the revised Nadi SRR.

No. 2

The Honourable JONATI MAVOA
Ministry of Foreign Affairs, Tourism and Civil Aviation in Fiji

to

His Excellency L. J. WATT
High Commissioner for New Zealand in Fiji

Government Buildings,
Suva, Fiji.

19th June 1984.

Dear High Commissioner,

I have the honour to acknowledge the receipt of your Note of 26th March, 1984 which reads as follows:

[as in No. 1

I confirm on behalf of the Government of Fiji the foregoing arrangements and agree that your Note and this Note shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of this reply.

Yours sincerely,

J. MAVOA
Minister for Foreign Affairs, Tourism and Civil Aviation.

3 S 154 G-8-1 PT