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Document brandished in Norfolk battle

Tuesday 17 November 2015 | Published in Regional

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KINGSTON – An adviser to the Norfolk Island groups seeking to regain the island’s autonomy from Australia says Canberra cannot ignore the island’s founding document.

Australia assumed full control of the island in June saying Norfolk could no longer pay its way as a self-governing territory.

But there has been simmering anger to this move on the island with plans to seek listing on the United Nations’ list of non self-governing territories.

Governance consultant Gary Russell, who is a member of the New Zealand UN Association, says Norfolk was established under Queen Victoria as a refuge for the people of Pitcairn Island, which had at that time become largely uninhabitable.

“They are going back to the founding document to show that they have actually always been a fully independent nation.

“And that was reiterated in 1956 at the 100th anniversary where they restated the orders in council stated specifically that it was a distinct and separate settlement having their same rules of constitution as they had under Pitcairn Island before they left for Norfolk Island.”

DATELINE PACIFIC: Of course they don’t want to be independent do they, they want a degree of autonomy but they still want financial support of a sort from Canberra?

“That’s a case of where maybe they are wanting to have their cake and eat it at the same time. So there is a situation where they are going to have to make a real firm decision if they are going to proceed fully to the UN on that basis.

“They are acknowledged interestingly by UNESCO and other agencies as being separate and independent.

“UNESCO acknowledges them as a unique indigenous people through their language that has been registered on the endangered list, their culture.

“Other associated organisations – International Labour Organisation and the Australian Public Service – have acknowledged that their whole economy and how they operate is unique and it doesn’t fit into the same pattern as Australia.

“We are talking of what you might call a community-based economic system where people have three or four jobs and there is a lot of information on bartering and deals.

“It doesn’t fit the format of a major economy, be it from capitalism to socialism. So that is a very important point for them in proving their uniqueness – particularly when it comes to them going to the international Court of Justice where they can be heard not as a nation but as a separate entity.

DATELINE PACIFIC: Do you rate their chances?

“That is going to come down to the leadership group on the island and how much they want it to happen.

“Probably the biggest problem is – of this younger generation is – that they have had this paternal sort of relationship with Australia. It is breaking away from that paternal relationship.

“In fact earlier, around the turn of the century it was seen that basically they were, you might say, slaves – because the church at the time, around the 1880s, were concerned and virtually said to New Zealand why don’t you take over Norfolk Island.

“Because the church at the time had concerns about how they were being treated by the Australian government. The Australian government had the audacity to say, ‘yeah, okay New Zealand you can have them but we will sell the people for 2000 pounds’.

“So that is how they looked upon the people as being their slaves to do with what they liked. And that is coming up to 1978 when Ellicott the Chief Minister acknowledging that the whole aspect of the annexation of them under New South Wales was not legitimate.

“So everyone was just sort of flummoxed over why suddenly in June this year they wiped the whole thing again”.

DATELINE PACIFIC: Although there have not been people in Australia speaking out in big numbers in support of Norfolk – there actually is the support there and has been going back a long way.

“Definitely and they have documented various statements that we are collating now of ex ministers, ministers who are still in power at the time on the situation of Norfolk Island.

“And also from the orders in council that used to come from England all the time up until Australia took over the economy of Norfolk Islands.

“They were saying you must consult with the Norfolk Island people knowing the original founding document – like our Treaty of Waitangi – it was offered by the Queen to the people of Pitcairn Island at the time they accepted the offer of Norfolk Island, they sailed to Norfolk Island arrived there the governor who was still hanging on at the time then put in an application to start trying to change it without consulting the people.

“The people in fact were going to turn around and go back but only four of them could afford to pay the fare back to Pitcairn Island.

“Those that left went back to Pitcairn Island and carried on with the same freedom of rights to electing their own chief magistrate, carrying out their own laws and operation.

“But because the others were stuck on Norfolk with no consultation, they petitioned and there have been at least five petitions sent to the crown at various times over the changes that Australia has tried to do.”

DATELINE PACIFIC: From the beginning in 1856 Australia has effectively acted illegally on Norfolk Island?

“Correct. Yes it has not honoured in terms of a contractual arrangement.

“If you want to alter that contract you must then consult with the other party and get their agreement before you can alter any contract and this is their founding document as New Zealand has found with their Treaty of Waitangi.”

- Dateline Pacific