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26 Australian - New Zealand Agreement 1944



CANBERRA, 21 January 1944

AGREEMENT BETWEEN AUSTRALIA AND NEW ZEALAND

His MAJESTY,S GOVERNMENT IN THE COMMONWEALTH OF AUSTRALIA and His
MAJESTY,S GOVERNMENT IN THE DOMINION OF NEW ZEALAND (hereinafter
referred to as 'the two Governments') represented as follows:-

THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA by-
The Right Honourable John Curtin, Prime Minister of Australia and
Minister for Defence,
The Honourable Francis Michael Forde, Minister for the Army, The
Honourable Joseph Benedict Chifley, Treasurer and Minister for
Post-War Reconstruction,
The Right Honourable Herbert Vere Evatt, K.C., LL.D., Attorney-
General and Minister for External Affairs,
The Honourable John Albert Beasley, Minister for Supply and
Shipping,
The Honourable Norman John Oswald Makin, Minister for the Navy and
Minister for Munitions,
The Honourable Arthur Samuel Drakeford, Minister for Air and
Minister for Civil Aviation,
The Honourable John Johnstone Dedman, Minister for War
Organisation of Industry,
The Honourable Edward John Ward, Minister for Transport and
Minister for External Territories, and
The Honourable Thomas George de Largie D'Alton, High Commissioner
for Australia in New Zealand, and

THE GOVERNMENT OF THE DOMINION OF NEW ZEALAND by-
The Right Honourable Peter Fraser, Prime Minister of New Zealand,
Minister of External Affairs and Minister of Island Territories,
The Honourable Frederick Jones, Minister of Defence and Minister
in Charge of Civil Aviation,
The Honourable Patrick Charles Webb, Postmaster-General and
Minister of Labour, and
Carl August Berendsen, Esq., C.M.G., High Commissioner for New
Zealand in Australia:

HAVING met in Conference at Canberra from the 17th to the 21st
January, 1944, AND DESIRING to maintain and strengthen the close
and cordial relations between the two Governments DO HEREBY ENTER
into this Agreement.

DEFINITION OF OBJECTIVES OF AUSTRALIAN - NEW ZEALAND COOPERATION

1. The two Governments agree that, as a preliminary, provision
shall be made for fuller exchange of information regarding both
the views of each Government and the facts in the possession of
either bearing on matters of common interest.
2. The two Governments give mutual assurances that, on matters
which appear to be of common concern, each Government will, so far
as possible, be made acquainted with the mind of the other before
views are expressed elsewhere by either.
3. In furtherance of the above provisions with respect to exchange
of views and information, the two Governments agree that there
shall be the maximum degree of unity in the presentation,
elsewhere, of the views of the two countries.
4. The two Governments agree to adopt an expeditious and
continuous means of consultation by which each party will obtain
directly the opinions of the other.
5. The two Governments agree to act together in matters of common
concern in the South West and South Pacific areas.
6. So far as compatible with the existence of separate military
commands, the two Governments agree to co-ordinate their efforts
for the purpose of prosecuting the war to a successful conclusion.

ARMISTICE AND SUBSEQUENT ARRANGEMENTS
7. The two Governments declare that they have vital interests in
all preparations for any armistice ending the present hostilities
or any part thereof and also in arrangements subsequent to any
such armistice, and agree that their interests should be protected
by representation at the highest level on all armistice planning
and executive bodies.
8. The two Governments are in agreement that the final peace
settlement should be made in respect of all our enemies after
hostilities with all of them are concluded.
9. Subject to the last two preceding clauses, the two Governments
will seek agreement with each other on the terms of any armistice
to be concluded.
10. The two Governments declare that they should actively
participate in any Armistice Commission to be set up.
11. His Majesty's Government in the Commonwealth of Australia
shall set up in Australia, and His Majesty's Government in the
Dominion of New Zealand shall set up in New Zealand, Armistice and
Post Hostilities Planning Committees, and shall arrange for the
work of those committees to be coordinated in order to give effect
to the views of the respective governments.
12. The two Governments will collaborate generally with regard to
the location of machinery set up under international
organisations, such as the United Nations Relief and
Rehabilitation Administration, and, in particular, with regard to
the location of the Far Eastern Committee of that administration.

SECURITY AND DEFENCE
13. The two Governments agree that, within the framework of a
general system of world security, a regional zone of defence
comprising the South West and South Pacific areas shall be
established and that this zone should be based on Australia and
New Zealand, stretching through the arc of islands North and North
East of Australia, to Western Samoa and the Cook Islands.
14. The two Governments regard it as a matter of cardinal
importance that they should both be associated, not only in the
membership, but also in the planning and establishment, of the
general international organisation referred to in the Moscow
Declaration of October, 1943 [1], which organisation is based on
the principle of the sovereign equality of all peace-loving States
and open to membership by all such States, large or small, for the
maintenance of international peace and security.
15. Pending the re-establishment of law and order and the
inauguration of a system of general security, the two Governments
hereby declare their vital interest in the action on behalf of the
community of Nations contemplated in Article V of the Moscow
Declaration of October, 1943. For that purpose it is agreed that
it would be proper for Australia and New Zealand to assume full
responsibility for policing or sharing in policing such areas in
the South West and South Pacific as may from time to time be
agreed upon.
16. The two Governments accept as a recognised principle of
international practice that the construction and use, in time of
war, by any Power, of naval, military or air installations, in any
territory under the sovereignty or control of another Power, does
not, in itself, afford any basis for territorial claims or rights
of sovereignty or control after the conclusion of hostilities.

CIVIL AVIATION
17. The two Governments agree that the regulation of all air
transport services should be subject to the terms of a convention
which will supersede the Convention relating to the Regulation of
Aerial Navigation.
18. The two Governments declare that the air services using the
international air trunk routes should be operated by an
international Air Transport Authority.
19. The two Governments support the principles that-
(a) full control of the International air trunk routes and the
ownership of all aircraft and ancillary equipment should be vested
in the International Air Transport Authority; and
(b) the International air trunk routes should themselves be
specified in the international agreement referred to in the next
succeeding clause.
20. The two Governments agree that the creation of the
International Air Transport Authority should be effected by an
international agreement.
21. Within the framework of the system set up under any such
international agreement the two Governments support-
(a) the right of each country to conduct all air transport
services within its own national jurisdiction, including its own
contiguous territories, subject only to agreed international
requirements regarding safety, facilities, landing and transit
rights for international services and exchange of mails;
(b) the right of Australia and New Zealand to utilise to the
fullest extent their productive capacity in respect of aircraft
and raw materials for the production of aircraft; and
(c) the right of Australia and New Zealand to use a fair
proportion of their own personnel, agencies and materials in
operating and maintaining international air trunk routes.
22. In the event of failure to obtain a satisfactory international
agreement to establish and govern the use of international air
trunk routes, the two Governments will support a system of air
trunk routes controlled and operated by Governments of the British
Commonwealth of Nations under Government ownership.
23. The two Governments will act jointly in support of the
abovementioned principles with respect to civil aviation, and each
will inform the other of its existing interests and commitments as
a basis of advancing the policy herein agreed upon.

DEPENDENCIES AND TERRITORIES
24. Following the procedure adopted at the Conference which has
just concluded, the two Governments will regularly exchange
information and views in regard to all developments in or
affecting the islands of the Pacific.
25. The two Governments take note of the intention of the
Australian Government to resume administration at the earliest
possible moment of those parts of its territories which have not
yet been reoccupied.
26. The two Governments declare that the interim administration
and ultimate disposal of enemy territories in the Pacific is of
vital importance to Australia and New Zealand and that any such
disposal should be effected only with their agreement and as part
of a general Pacific settlement.
27. The two Governments declare that no change in the sovereignty
or system of control of any of the islands of the Pacific should
be effected except as a result of an agreement to which they are
parties or in the terms of which they have both concurred.

WELFARE AND ADVANCEMENT OF NATIVE PEOPLES OF THE PACIFIC
28. The two Governments declare that, in applying the principles
of the Atlantic Charter to the Pacific, the doctrine of
'trusteeship' (already applicable in the case of the mandated
territories of which the two Governments are mandatory powers) is
applicable in broad principle to all colonial territories in the
Pacific and elsewhere, and that the main purpose of the trust is
the welfare of the native peoples and their social, economic and
political development.
29. The two Governments agree that the future of the various
territories of the Pacific and the welfare of their inhabitants
cannot be successfully promoted without a greater measure of
collaboration between the numerous authorities concerned in their
control, and that such collaboration is particularly desirable in
regard to health services and communications, matters of native
education, anthropological investigation, assistance in native
production and material development generally.
30. The two Governments agree to promote the establishment, at the
earliest possible date, of a regional organisation with advisory
powers, which could be called the South Seas Regional Commission,
and on which, in addition to representatives of Australia and New
Zealand, there might be accredited representatives of the
Governments of the United Kingdom and the United States of
America, and of the French Committee of National Liberation.
31. The two Governments agree that it shall be the function of
such South Seas Regional Commission as may be established to
secure a common policy on social, economic and political
development directed towards the advancement and well-being of the
native peoples themselves, and that in particular the Commission
shall-
(a) recommend arrangements for the participation of natives in
administration in increasing measure with a view to promoting the
ultimate attainment of self-government in the form most suited to
the circumstances of the native peoples concerned;
(b) recommend arrangements for material development including
production, finance, communications and marketing;
(C) recommend arrangements for co-ordination of health and medical
services and education;
(d) recommend arrangements for maintenance and improvement of
standards of native welfare in regard to labour conditions and
social services;
(e) recommend arrangements for collaboration in economic, social,
medical and anthropological research; and make and publish
periodical reviews of progress towards the development of self-
governing institutions in the islands of the Pacific and in the
improvement of standards of living, conditions of work, education,
health and general welfare.

MIGRATION
32. In the peace settlement or other negotiations the two
Governments will accord one another full support in maintaining
the accepted principle that every government has the right to
control immigration and emigration in regard to all territories
within its jurisdiction.
33. The two Governments will collaborate, exchange full
information and render full assistance to one another in all
matters concerning migration to their respective territories.

INTERNATIONAL CONFERENCE RELATING TO THE SOUTH WEST AND SOUTH
PACIFIC
34. The two Governments agree that, as soon as practicable, there
should be a frank exchange of views on the problems of security,
postwar development and native welfare between properly accredited
representatives of the governments with existing territorial
interests in the South West Pacific area or in the South Pacific
area, or in both, namely, in addition to the two Governments, His
Majesty's Government in the United Kingdom, the Government of the
United States of America, the Government of the Netherlands, the
French Committee of National Liberation and the Government of
Portugal, and His Majesty's Government in the Commonwealth of
Australia should take the necessary steps to call a conference of
the Governments concerned.

PERMANENT MACHINERY FOR COLLABORATION AND COOPERATION BETWEEN
AUSTRALIA AND NEW ZEALAND
35. The two Governments agree that-
(a) their co-operation for defence should be developed by:
(i) continuous consultation in all defence matters of mutual
interest;
(ii) the organisation, equipment, training and exercising of the
armed forces under a common doctrine;
(iii) joint planning;
(iv) interchange of staff-, and
(v) the co-ordination of policy for the production of munitions,
aircraft and supply items, and for shipping, to ensure the
greatest possible degree of mutual aid consistent with the
maintenance of the policy of self-sufficiency in local production;
(b) collaboration in external policy on all matters affecting the
peace, welfare and good government of the Pacific should be
secured through the exchange of information and frequent
ministerial consultation;
(c) the development of commerce between Australia and New Zealand
and their industrial development should be pursued by consultation
and, in agreed cases, by joint planning;
(d) there should be co-operation in achieving full employment in
Australia and New Zealand and the highest standards of social
security both within their borders and throughout the islands of
the Pacific and other territories for which they may jointly or
severally be wholly or partly responsible; and
(e) there should be co-operation in encouraging missionary work
and all other activities directed towards the improvement of the
welfare of the native peoples in the islands and territories of
the Pacific.
36. The two Governments declare their desire to have the adherence
to the objectives set out in the last preceding clause of any
other government having or controlling territories in the Pacific.
37. The two Governments agree that the methods to be used for
carrying out the provisions of clause 35 of this Agreement and of
other provisions of this Agreement shall be consultation, exchange
of information, and, where applicable, joint planning. They
further agree that such methods shall include-
(a) conferences of Ministers of State to be held alternately in
Canberra and Wellington, it being the aim of the two Governments
that these conferences be held at least twice a year;
(b) conferences of departmental officers and technical experts;
(c) meetings of standing inter-governmental committees on such
subjects as are agreed to by the two Governments;
(d) the fullest use of the status and functions of the High
Commissioner of the Commonwealth of Australia in New Zealand and
of the High Commissioner of the Dominion of New Zealand in
Australia;
(e) regular exchange of information;
(f) exchange of officers; and
(g) the development of institutions in either country serving the
common purposes of both.

PERMANENT SECRETARIAT
38.In order to ensure continuous collaboration on the lines set
out in this Agreement and to facilitate the carrying out of the
duties and functions involved, the two Governments agree that a
Permanent Secretariat shall be established in Australia and in New
Zealand.
39. The Secretariat shall be known as the Australian - New Zealand
Affairs Secretariat and shall consist of a Secretariat of the like
name to be set up in Australia and a Secretariat of the like name
to be set up in New Zealand, each under the control of the
Ministry of External Affairs in the country concerned.
40. The functions of the Secretariat shall be-
(a) to take the initiative in ensuring that effect is given to the
provisions of this Agreement;
(b) to make arrangements as the occasion arises for the holding of
conferences or meetings;
(c) to carry out the directions of those conferences in regard to
further consultation, exchange of information or the examination
of particular questions;
(d) to co-ordinate all forms of collaboration between the two
Governments;
(e) to raise for joint discussion and action such other matters as
may seem from day-to-day to require attention by the two
Governments; and generally to provide for more frequent and
regular exchanges of information and views, those exchanges
between the two Governments to take place normally through the
respective High Commissioners.
41. His Majesty's Government in the Commonwealth of Australia and
His Majesty's Government in the Dominion of New Zealand each shall
nominate an officer or officers from the staff of their respective
High Commissioners to act in closest collaboration with the
Secretariat in which they shall be accorded full access to all
relevant sources of information.
42. In each country the Minister of State for External Affairs and
the resident High Commissioner shall have joint responsibility for
the effective functioning of the Secretariat.

RATIFICATION AND TITLE OF AGREEMENT
43. This Agreement is subject to ratification by the respective
Governments and shall come into force as soon as both Governments
have ratified the Agreement and have notified each other
accordingly.
It is intended that such notification will take place as soon as
possible after the signing of this Agreement.
44. This Agreement shall be known as the Australian - New Zealand
Agreement 1944.

DATED this twenty-first day of January, One thousand nine hundred
and forty-four.

SIGNED on behalf of His SIGNED on behalf of His
MAJESTY'S GOVERNMENT MAJESTY'S GOVERNMENT
IN THE DOMINION OF IN THE COMMONWEALTH
NEW ZEALAND OF AUSTRALIA

PETER FRASER JOHN CURTIN
F. JONES F. M. FORDE
P. C. WEBB J. B. CHIFLEY
C. A. BERENDSEN H. V. EVATT
JOHN A. BEASLEY
NORMAN J. O. MAKIN ARTHUR
S. DRAKEFORD
JOHN J. DEDMAN
ED. J. WARD
TOM D'ALTON



1 i.e. the Four Power Declaration.




[FA:AUSTRALIAN TREATY COLLECTION]

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