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Exchange of Letters Constituting An Agreement between the Government of New Zealand and the Government of the Cook Islands Amending the Agreement concerning Air Services [1988] PITSE 6 (6 October 1988)

EXCHANGE OF LETTERS CONSTITUTING AN AGREEMENT BETWEEN THE GOVERNMENT OF NEW ZEALAND AND THE GOVERNMENT OF THE COOK ISLANDS AMENDING THE AGREEMENT CONCERNING AIR SERVICES

(Rarotonga, 6 and 12 October 1988)

ENTRY INTO FORCE: 12 OCTOBER 1988

No. 1

Mr A. G. SIMCOCK
New Zealand Representative

to

The Honourable Dr TEREPAI MAOATE
Minister of Civil Aviation

Office of the New Zealand Representative,
Rarotonga

6 October 1988.

My dear Minister,

I have the honour to refer to the Agreement between the Government of New Zealand and the Government of the Cook Islands concerning Air Services done at Auckland on 21 June 1986, (hereinafter referred to as ''the Agreement''), and following the recent discussions on civil aviation matters between representatives of our two Governments, to propose pursuant to Article 18 that the Agreement be amended by inserting a new Article 11 as follows:

“Article 11

Aviation Security

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, opened for signature at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, opened for signature at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, opened for signature at Montreal on 23 September 1971, and any other convention relating to the security of civil aviation binding on both Contracting Parties.

2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties; each Contracting Party shall require that operators of aircraft of their registry or operators who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions. Accordingly, each Contracting Party shall advise the other Contracting Party of any difference between its national regulations and practices and the aforementioned aviation security provisions. Either Contracting Party may request immediate consultations with the other Contracting Party at any time to discuss any such differences.

4. Each Contracting Party agrees to observe the security provisions required by the other Contracting Party for entry into the territory of that other Contracting Party and to take adequate measures to protect aircraft and inspect passengers, crew, their carry-on items as well as cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give positive consideration to any request from the other Contracting Party for special security measures to meet a particular threat to civil aviation.

5. When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and with minimum risk to life such incident or threat thereof.'”

If the above proposal is acceptable to the Government of the Cook Islands, I have the further honour to propose that this letter together with your reply shall constitute an Agreement between our two Governments, which shall enter into force on the date of your letter in reply.

Accept, Sir, the assurances of my highest consideration.

A. G. SIMCOCK
New Zealand Representative

No. 2

The Honourable Dr TEREPAI MAOATE
Minister of Civil Aviation

to

Mr A. G. SIMCOCK
New Zealand Representative

Office of the Minister of Civil Aviation
Rarotonga

12 October 1988

Dear Sir

I have the honour to refer to your Note of 6 October 1988 which reads as follows:

[As in No. 1]

I have the honour to confirm that the proposal contained in your letter is acceptable to the Government of the Cook Islands and that your letter and this reply shall therefore constitute an Agreement between our two Governments with effect from the date of this reply.

Accept, Sir, the assurances of my highest consideration.

Hon. Dr TEREPAI MAOATE,
Minister of Civil Aviation