Peace Researcher Vol1 Issue25 Nov 1989

8/9/2019 Peace Researcher Vol1 Issue25 Nov 1989

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incorporatng

SPECIAL ISSUE:

DEEPFREEZE

DOCUMENTS REVEAL

AMERICAN/NEW ZEALANSOVEREIGNTY STRUGGLE

ATHAREWOOD

T s issue o f 'Peac e Researcher contains a sing le artc le written by M rrayHorto n o f the Chr stch rch Ant-Bases Campagn I t s a first look a ta saga ofdrug smugg lng and the reslt ng power po l tc s reo ling arond the Amercan

milita ry a nd New Z eala nd C usto ms at Operation Deep F reez e between 1981 and1985. As yo u w ll see, the refences a re extensie ba sed on doc uments tha t a rea uthentc bt who se so urc es cannot b reealed at this tme An a rtic le ba sed onsm lar ma teria l appea red recently in the Listener a s a co ver sto ry(13-19 No ember 1989)

is s the first of series o fa rtc les that will appear from time to time n ' PeaceResea rc her on the subjec t of the dark side of Opera ton Deep F reeze.


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CUROUS CUSTOMS

by Murry Horton

The nted tates mtay ba a schuh Ineaon Aior Harewood subub) is

unque a numr of ways is only a d foign mila be in New Zelnd (as opposdto a numbe of speclst intllaion pst d psent Fom e outet it hs enjoyed semi-diplomat

stas (sovereign immun" he phse ha s aedy citd by S auhoes at ll level) alo oe i sff exclusive d drnkng nd hoppng facites tha a common in mlirbases worldwde plu arou othe dty-prlges involving e gh to m c nd oheexpeniv goods No oer fogn gon tes a miary be o any ohe soveegn enity nN apa fm embas obous oe comple of ba, shops d impoing perks.

The pncpal NZ gove tdeag with e S base, and al aspecs of issovereign munt Cum the vra oh pems wh jdition o ao e"

of he bases' aiit wih ilu an Fih ing poinen). utoms has of nee

ben inolved wih aood e th ba oped h late 950s

It wod f ds e Cusoms/Dp Feeze elaionhp hughout he 60s d 70s aessenally rune Th we dsagmts oe dtals of what categoes of Amercs wented to e PX ad b falie fo eapl But he a e so of everday maes ha woldbe epeted wih a foig ovig tt opeatng n NZ

However e mufaetd dispue at aose bwn Customs and he US miliay in e ely980s was far fom un and pode he cleas possible eapl to date of a seous dspue

involvng soveig btwee e US and NZ

lhough he vaou faets wee nng smulaeously, t i less consing o conside hemsepaately Les s w e on hat nvolvd peated beaches of N crminal law

G

inc Vie Nam wa e U mlitary has been unvesally onyo wih dugs of ll sors

a micocos ofa dggd-ot JS ociet gly hschuch foately neer uffeed om ayinu of hrd dug abtable bae ad ded, apa fm ncdotl edene hee is no

poof hat ay m g f o te itchuh m Hawood Opeaton Dep Feeze)h m y othe sou

The ispue tha aged fuously bween Cst d Dep Feee tween 1981 and 19

involed so dug pimai inendd fo hei mpoe use

Fm he lae 70 h US ma w awae of h aotcs problem wihn is own rnks, and in

1977 ook deiled step to st up is ow Mt stom spection pogam for all S miaairc trtng Harewood bod o ee Atarcta o ustaia The poblem of impongiega nacoics cerai extended bk beond The increased civilnzaon of Deep Fee omthe early 70 bough whol nw aegos o civilia employee o onaco who wee equly

paal o a of aial do ugglg. Ths wa th ubjec of a Novemr 173 Condentimesage fo e U Eay Wlo ha o n he a Dpamen n WashingonDC

2[ spl o pci (Dd iad ag a h ead w no doub notce in

he following q d q q a e Embasys iteraion of h orgna

Memodm ag MO) oded immuni fm NZ legl poesse S miliapeonel oy

"Whe GN (Govemn o NZ lkely adop bneolen attde wt g mninfratins of aw MA Misty of Foreign fars indiaes ha mo seou


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infrtions cold not be alowed go unpuished d woud be subject to NZ courtaction There would be no possiiity oender being ued over to US juisdiction

Degree of assistance Embassy could povide Deep Freeze civilian arested by GNZwold hus be extremely lmited f pacular conce to Embassy is possibility hat

GNZ will arest civii binging dg ino couny Imporation of dgs includingmajuna, subect o sentences up to 14 yeas Despite numeus wags to incoming personnel here were two cases in October (one Navy, one civilian) of individualsapprehended by Customs for dg law infractio Civilian was in possession of pipe

containing ace of canabis Following discussions wih US auhorties GNZ agreedtke no acion if individual reed t US on irt avaiable ight Navy EM (elistedman) arested by Cstoms folowng disovey 55 gms cannabis in hs baggage. GNZaccepted US miliay uisdicon only aer Embassy ntrenon at Ministerl level.

light of these cases and given MFA intepretation MOU we believe Deep Freeze civilians found carrying drugs while transiting NZ face strong possibility ofimpsoment ad subsequent derton 2

Request State) Depaent insure the NSF National Science Foundaton) brengs toAntctic und persoel onnue sss in stngest terms sensiivity of GNZ to dgst should be emphasied that planes and passengers are, more often than not

methodically searched by extremely thorough NZ Customs officials and USG USGoveent) ablty pvide assistance to arrestd civilias ve mited 2

o)

The inevitable hapned d on 1 Decemr 1980 US Navy m Waye L Zaraka pleadedgily in he Chrsthurch High Cout o possession of caabis eaf nd ssession of hshsh forsupply He was sennd 18 monhs n n NZ prson having "exeted a wten incminaoystatement The unfoate Zaraka was busted by NZ cops on 10 Novembr held in US mltaycusody for2 days ed over o NZ vl auoes ad wasdoing hs time in Papara Prson wiha week

"N Z authorties appear to have good informant operating in area Police intelligence

believe some dgs are enteng NZ hrugh S maiL Feel wih he seousness of AE2 Zarankas offense that Operation Deep Freee must present itself as being fullycooprative in efforts to stop frther drg ow but at he sme time conorm to our USlegal qremen 2

As always he US military was mindl of locl media coveage "cal press has coved theincident sine the me of Zaanka' s apphension Coverage has een nol lave to locl dgcses".3 t as at ths tme ha Cstoms nd NZ Polce stated ng a much keener inteest in mailarrving om he US and US ml in nsit to Antarcca Sner dogs punced on two packages onheir t visit but US ahoties wold not alow hem o opnd by New ealades opng forcontlled delive" intead4

Customs really put he heat on in the winter of 1981 a May 1985 letter to Ciizens for heDemlsationof Haewood (CDH) Cstoms sated: As gards your queson 1 'hydid NZCustoms dede to launch a conced nacotics seance at Opraon Deep Free n 1981?, hecourse of he venue enquies oulind above was established hat one of he methods whebyimporationscod escap usual Cstoms cheks was by use of the US Navy Base mal ismal isimpoted dictly h US ahoties d is no cosigned hrough the NZ Post Ofce. The

depaenttefo instited n itesive exminaon pogamme of ths mal nd detected nmeusimportation of contoled dgs As he qunes of dgs were sucient to wt charges uder he

Misuse of Dgs Act 175 he depaent in conjcton wih e Police took steps to prsecute ny ofhose persons g o hugh NZ"

On 1 July 181 Cstoms oned e ba to discuss ve sepaate aas of "once overviolatons of pvileges" One of ose w dugs coming hrough he maL On 2 August KevKnowles for he Collector of Cusms wte o Tvor Gice Executive Administaor for NZ AffrThs deailed leter staed he bl lg in all th aas that bcme bones of ontention between NZCustoms and he US iliy "Again, coecon wh the Post Oce at the base, it has en of


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4sme cnce t this epaent t dugs a enteng New Zaad hugh he mail and acing hestets f Chsthurh s is a maer, ng wih seera the. whch I consider shuld b taen upat sme date i n the near fte wi a iew ur Depaet aking a greater enfrement le 6 On2 Augs. Cusms me US cials a e bse, t discuss laas f cnce Pesent wee CaptainPeagen Cmmander hras Cmmander Jes, Treor ice, Bian Frd senior enforcement cer,Cusms pesening the Cecr, Kein nwles cmmercil and cu nvesigar. Custms)and h Anden (dgs enocement ocer Custms) A NA VSUPPFORANT ARCTCA messaget CINCPACFLT (Commader in Chef, Pacic Flee) Pel Har, Hawaii poed he utcme:

"In a meeting in Chistchurch NZ n 2 Agus J 981, NZ Cusoms oficials advisedCFSA (Cmmander Naval Sup Foe Anactica) nd OC DET (Ocer in Charge,Detachment) Christchurch hat in he future all incming uncial US mail will beexamined/inspeced by NZ Cusms pennel and narctc inerdiction tem dgs inrder o suppress incming dg trac and/r her contraband While eorts oeliminat e incming cntraband s [sic] fully concured with and suppred appearspcedues a s oulned ae cony to US s wel a inteional, posl glaon andagreements These conces as well as a eques o hold inspection in abyance uilreslutn by higher auhity, hae been expssed NZ Cusoms ocers However is evident hey are inen on mplemenng hese pracces a e ealiest In order avoid

pssible ilations of posal regulations euesed at his maer b reviewed tha he gemn of NZ hrgh h Amecan Embassy be sked t econideimplemenion o mail inpecon poicies

The US miliar resolved m he use o pasively resis its mai being inpeced b NZCustoms On28 Ags. Capain Peagen wrote Cusoms

Based on ur prception o ieanl agemens geng he hnding o S mail.this cmmand a pie ree mail inrdicion by NZ Cusom enrcemenocials Hwver di h US Embassy (Wellington) o posible breacheso inernaional law his command has nt atemped preent NZ Cstomsencemet cias rm bondng mal r subsequen inspecin Any such nspectinhweer. has no and wil not ivle any paticipaion by US Nava psa personnel sas preen hem rom becming a pay t a action which. nder US postal law ndregulatins could rel in a laion such regulaions Oher US mail aries inChristchurch via C41 Srlfer a rcraf C4 mail cnains oci regisered mailwhich can include highly clssiied dcuments payrll disbursing currency o rAntarctica mail for Astali destiatins. ec Lile r no uncia mail aves viaC14 Starlifter ircra desined or his aciity This command herefore requestswaiver frm NZ sms intedicnmspectin US mail arring via 14 airca8

The whole rnge ms esigain ver rapily leviad t he hghest diplmac eThe Assistan Secar o oreign Aai Cbrs Beeby, asked t meet he US Embassy Depty Chie

of Mission (CM) on 3 Ags dicuss he whle hing DCM emphasized ha wishes ocopeae ully with Csms ocia in pventing Fleet Pst Oce (O) m being sed fornarcics r cnrabnd Bebe sic said hat New Zeand des not wish mke public issue investigation (which he said w a conce f his Miiser nd ageed tha nisy Fign AffairA) and mbssy would coordiae respnse shd here be nquiy fm pess9

A her Augs message fm Ambassador Monroe Bwne o e Secreary of Sate eailedha Custms had inspected one mal deiey which, like he bulk o Harewood' s mal aived inAucklnd n an Amec commerci ght ad was hipped to bschurch by Air New aand

Embassy ha deped vy god elatins wih New Zealand narcoics auhories and

rom hat sandpoin as el a om sndpoin oerall relaonshp with New Zealandand impn o Anaric pogram, we eel stngly ha we should copeae llywih Ne w Zeand som A he sme ime we nd legal guidance on hw to pedwihou violaing US poal laws Member of Naal Investigaie Serice who


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happened to be n New Zend) ha en ased to atend meetn between Customs nd DET (Dethment) to take pla Sept 1 Prpose of his aendne is to obtainbetter idea of law enfomntprospects should New Zend Customs investatons resutinseizure of naotics or contaband 10

The Septembe meetn was a mo hn aai aended by the US Embssys PoliclAache, Linda Smn, onald Beneeld of he US Nav Investatve Seice, Capn Pergen,Commnder Jones Commde Chrn e immedate past Oe in Chae, nd Capan Dudley ofthe US Ai Fore Cstms was epesented by the same Mess Ford, Knowles nd Anderson, who hadatended e 0August meeting, plus Bead eas, te Chsthurh Collecto of Customs

" The primay once is wh OFFICIAL and REGISTERED mailAnything in theentertainment eld is not considered "OICIAL" and theefo shoud not b posted in"OFFICIAL SE ONLY" envelopes (specifi exmple ited: "Penthouse" magazine inOICIL USE OL envelo"! 1

Customs asked aut the possibility of US help in seachi US m, saying hey ntended to runsnier dos over it.

" Captain Dudly reiterted at e Air For is ating strcy ina rrer apacity, ndas such cn ony elese mail to n Amerin itizen NZ Customs esonded by stingthat ny mail landed in New Zealnd is subect to NZ Customs reuations" . "Customs cited eamples found reently on August 7th he 'Penhouse, 6 grams of cannabis incnnmon orange tea and a seabag of pesonal effects ontainin ndecent literature,indecent aicls don oe iem whch M Fod deined to specify1

On 3! Augus 5 gms of shish nd 16 rms of cnbis we found, plus twopackets ofindeen litertue Gener nots include "eitration of he ned fo ondeniity byll present".l !Thedo w s oin to indiidua civiin employees in Anrtia Customs ageed to meheirnmes avalable to the Command

Ambssado Bone's rpol2 to the Sectry of State oncluded Finaly of rve one is the nroics issue Two out of fou mail deliveies inspecd have ontained nrotis. Ambasado wil address hs issue insepaat message but suf to say, seizues must be met with quic sponsesby USG. Wheher miltay o iilin n New Zalnd or e An personel who use nrcoissimply not b owed to jeopdize lations w have wih NewZelnd in suppo of Anceseah .

The Navy sted drawing up plans set up a su aea for holdin nd inspen ominndtrnsit mail, plus geng CCPAC uid on oopaon with NZ Customs searhes. Tesionbeteen he two sides was evidet m e ouet B Fod NZ Customs, in thnin Tevor Grice(NZ Affairs, US Navl Suppor Foe for the minutes of that September meeng, wrote "Inaeptng the notes would make the comment that ey not an accurte reordof what ws said at he meeting but moe of a pes o e men. The notes aso conin some errors (e, discussion onpossible Cou aon ony appd to Mr Knowles' be but howee m sure l who aended themeetg quite lea on what w decided there"13

Anothe Deep Fe cable CNCPAC species res of oortion with Cusoms (e.g, plnsfor he bond sore "Insummay subject inspecon has been keptlow key and conducted in acoopeative spit We haestablshed good eltions with Customs ocias nd it is felt wewillbenet sustany fom ei efots to assist us estabishd implementlper ontrols to ensueBse actvities do o iolat NZ Customs nd Immigaton gulaons".1

The Navy tghtened up is ml sysem n othe aras too - in uy it wed mitry rteesliving in New Zaad ha "one o two auhoidusrs we nowiny violating their use of he system nd wee sistently abusing hs postl priilege d would lead to a loss ofprvileges 15The point was eitetedin a 1 Septembe le fom he USNAVSUPFONTARICA onabuse of e milit pst ystem"16


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Limi oopration w qucy stabishd pcon by sniffr dos w scrppd causDpartof e Amy cosdrd is tye of cion illeg udr he proisios of US postargulao he continud us o f he dg trcon tms is suppord but h lgality of hsprocedures as wll h lgality of vidnc sizd hrough hese mods must horoughlymid8 The cabl pointed out ta th dop sized was goig to civilis or whom he Navyhad no lgal udiction The empoye in th pt has not en luctat to emiate h mplormeof idnid drug us bu h must also cosder h legity of mehods usd to seize vidnc

Cusms was haging tough T Colector wte to C "Your Post Offic at Chstchurchdos NOT qulify a a Cusms Examiing Place ad accordigly is ot recogisd for h hadlig of

goods der NZ Customs Contr The Nay refor submittd deaild pls for a sparate mal

bod ea, in respose o detaie specto imposd by Customs

his was not ing wel ceived e rnks. e posta ofer wrot to Trvor rice: I wasked for m y commens on aahed deee. ardey obct to he toe of he subjct decre believehat his cod must maiin is dg d sefrspct We canot do his while big dictated toin such a rud d hghhded mer t h atttde of Nw Zald Customs cotinues to belordly, ovrbearing, ad agt.. M dgt and sl rspct more impoa to me hat mymail.19 Bt ieationalaw d Csms d h e Air Force udge Advocat advisd OIC0

hat h Univrl Postl Convnon lgd a sgatoies to stamp out dugs ig snt i he mai;hat NZ law covrd al ma eerng or sing NZ hat NZ law mt suspec could ot rs aswer quesios pror to beig chrged d minded of N Z laws rlating to heatnig orassaultig Cusoms ocias

By Octobe S miltay perse d 14 S cvilis had n idened by Customs asimporer of drugs1 fu ep eze Customs meeng was hd on Octobr to discussprogrss i h mai bod aa Complats wer oming in fm he e The ispection of class mail is viwd s etreme invsion o pvac . addion h N Agriculur eparmet [sic]has goe into he act d e consag n-trsit goos (.e sausages some dai products ec.The logic eomes unbevable wh pope on e c givn e aleav by he NZ Deprntof Agricultur sic o peing e N aoies to dstoy h itm orretung it to he seder athe xpnse of he addrssee

22 Thatl listd 18 itcs of mil big opened d itms beigdamagd or conscated

Customs was pickng p mo tne smuggling as we On 21 August a rummag of U NavHrcules XOJ reveled stereo qupment n th suival gear On discovrig h stero uit Iqustioed he oad Mast rgadng is owerhp Q Would you us ll he items i his t forsuival he vt of a crash? A Yes. Th appea to be some equipm missig h A:Whats hat Q The cassts for h stero A hat streo What mohcker put hat i hr If!nd out who it was I'll bu his but

23 T stero was fou nd to belog to to drbiz a Navym It had packd in e pa by a flow Navy ma (who had prviously com to h noic of

Cusoms f or imrng cabis hrough h mail)

2

No actio was tk agaist he lar eyondidiying him to he C but a foal sizu noc ws takn out against nderbiz h srogar w forit h Crown)that drbien was dscharge i Conus Coin US)fom USN Whereaouts ukown - he wanevermasted I en advsed NC ise of ge ad conidr h maer closed" 25 By early 1988Mrlndrbitzns wraout e now he had oind he civili sid of Opertion Deep FrzeIn n ocil letter fm him to Ciiens for h militarsation of Hrewood i 1988 his tile wasead of th Atarctic Staff iviso of Pol Pogrms, Nationl Science Foudation

By his stag Nay was mg is ow inquies In Novmer he CNCPACFLTCustomsPosa Ocer GN Hugh, sid Dep Fz to look ito he whol busiess of mailCustoms lowd him to ist e bnd ara d obser a post itrdiction Customs srssd hat

e th visit shold no s opouny to cicse e NZ Customs ofcers on he s, butconstrucive commen subse o snio Customs oca ae accpble" 26 Thecooprtive spirt howee ut no e o e ce On 19 Novemr The Press rpored hatAmec in Anctca had iged e to t stuousl objectig to heir mail ig srched in


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IChstchurch ,'; lngage was blt

I

" e w Zeland Customs and postal auhorities have systematically opend, ead,fondle conscated nd someimes dmaged - select piecs o Antrcic-bond mailAll classes of posted goods are liable to the abusive treatment; hoebaked cakes,ndergaen love lete and even femine hygene pduc. he goveent of NewZeland a lof us as if we were cered flos unfeed by sruples of law Why

Kiwi authores perst with their pnitive pranks is also uknown (perhaps the ultraconevave administration of or own goveent has coeed or cajoled New Zalndto abdge our ghts for its ow nefaous puses) But whatever he case or raionlhe outcome s ctan and ragic: hdd of iocnt and oherwe fendly Ameicswill long harbor deep nd bie memores of he naon hat so callously absed theirpoy nd so snselessly aggravad their Antrcic ordel. 2

hat sme day, Hug empleon Mnser of Customs led a stament saying the ws nosificaon for any ccism of NZ Cusms Damage contl sng in acon at he Embssy andswily went he p Secrey of State Alexnder Hag cabled e text of the leer to CCPAChe Embssy concd NSF peseve in Aarcca who was culy n Chstchurch

"NSF rep Besneha said ha ade fm he few people who kow tey are giltythere is genuine taion among ople on he Ice hat heir mail is being ispected. Hesaid hat if leer had en less argumenave, it wold have had may more sigares .At his request, we have shed Foign Secretay osh copy of lette On leingof its existence fom Embassy ate yesterday he had befed Foreig Mister TlboysNorrish told us today at Talboys in tu felt it necessary o bef he Pme MnsterMFA is conceed hat pblicaon of he leter might force PM to comment if askedabout it. 28

Dp Feze ppared a drft st of Quesos nd Aswers hat mght be lkely to posed ndasked what the Embassy out of em he US mtary was gng back Te US Air Fo ssu

gidelnes to Miliry Aiift Commnd (MAC commnder at Ricmond RAAF base Aua) ndCrstchrch concng searches of USAF rcr

"US policy is to assert that or aircraft when cleared to and on foreign soil aresovereig instrmentles of he Uted Sts he interors of hese aircft hereforeare immune from inspections by the host nations auhorities Accordingly MACaircrews will no authoze a search o inspection of our arcra except by direction ofHQ USAF or he Amec Embasy in h e cony conceed 29

t laid out steps for w to follow eg Dlay he searchmspcton wle sekngassistance/supprt fm gr ocias or he US Embsy 29

On 23 November Tvor Gc wte a pest leter to Brn Ford cmplainng ht Cstomshad on 20 November ond oci gseed ml one package of wch conand US$14 woof US sge smps Sinc rgstered ofcial mal c conta clssid documens m sure youc nderand Commder one very l conc over hs matr30 But ngs wer ging mbad to wore for Deep Fez y Noemr Cstoms had made 40 dg inpons nvolvng 7militay prel ad 28 U c On 0 November (a vey busy day, obviously) Dep Frze hadreceived its t eve wen cmpla! fm e Misy of Agclre and Fishees whch hadintercepted 3 leg enes of meat ad anmal podcts Cstoms had even discoverd vils laled"radioactive" in he mai

3

The discnnt on he moved fm he Z to e US media On 2 Novembr, he New YorkTimes' rn a soy frm MMo nld "Dgs e n isse at he Sout Pole New Zlad enrgeshe US by inteceptng pacag n d on mjna e Embasy decided it didn't wt a publicu nd ected te ppd & A fomat ppsed by Dep Fze "Fuher it is our exprence


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hat once ny set of Q's nd a idto, they ofen nd their wa2 out to e pss quite quicwhh we believ woud b hghy derbe t is tme. B wne3

PAC wa od at N tm g a pdn "ide m he oiblavee mpat on the a he sao n Nw aand may have ar reachngimications paulry t by hst nan ctom ocal at other militaypot ofcs wthn e tteL lt t n I ar Jon: mbaadorasses on kuos for yo and h w yo e hadld b stao pacly n vw f so nyi uonding he itt. c h complmnt Wih t Cstm pobl thr anecen incidts h, say h an ha t get r for he bh f us

The N mda was y p o m Te 'chuh tr' hd givn th orynpage ea tatus, pl om ( dd the Nw and Hrad nd heEvnig Pot) sa e s l h appead Nw aand edia oulet haeconed t r al sene fr dg encs gven to heemrs o t Nw Za bad n Snga 5 Cstoms aogid t DeeFrze or onng e nang t mp e f30 bu by now dvdua Aercnswr coman hat eir a Chschrch d h conten dmagd A thofi el th US ot !tnng lg ne polem a bing Cstomocls t don knw a ea ee cmpig her 7 adOC one wa s panng o Se h pnd o he Csom treent o reepackg n te Mene B nartca ome delay t pm o Deember Nw Zeand os Oe vn tea um bg oang the bjct pares h S N otce ramp dk l hd en e nd ot aed " cosdr hsuprfessinl d espe eamnt f US Mai to be a ro nan of Cstm Potl sonbit a he handng of the enir ae.

Efoo o eem n Seeta f egAfair Ch Beeby d as e Ebss t l t h Mist o rv nade memi reping t an Embs ne m

"Beeb dribe ide e f t bt id that NZ wa on repling nkind Beb te at net isue cu d b setled icb Hentd tt h hd befed ne on Mte Copr n queson hi oing Coopehd approvd aid bu nctd Beb dont lt th hin eclatBeeb told Chage he h Mir tht MFA and Emba wre wrkig onthis i n a er oa He felt that Cut would prefr codprocedur L ach by S a at Haewood d eriatn b clircraft c k we o have ay bcn t omlig procedur nig n f pled e ght not bt ht becauof SF ordd io d need be nsite to prdn aspect we wldeek Dpat ga

Charg indied tht we ot whing to cat an u of e viwthat any bng c y oun oial oaed t imnity Bby aihat a aer h cold ndand ths but he akd Chrg t o imprs poDepamn i t gtl peon n n unt ttl dpendntupn ag exp a s e o pets nd anima diee prvanlwhe by that dprtmnt n governmnt the Ministr fAglure and m ct t del ih whn it ee hat Nw Zlandinteres ht be O edng that prsny agrltrinspector bad USAI Ied ptr bord al arraft. Motrcntlywe ea '5 pye act arryng Speaker

ONe d Zablocki. We would rg ha Dpmn be peiy sitiveto ONZ views nlhis y rfy e uest djentin proedre h, h Vne onept of imnit

h 39de n d 1 Y


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The Ar Force was havg none of s A Deemr cable m COMASPAC San Diegoto Atartic evn Six Squadon Csthuh (the Sk-Hercles squadron) iterated that woldwdethe US Goveen did not it it mltay ar be boad nor did it sek board foimilitary planes landing in the Sas Any deviaon om the above guidene estabishes a seousprecedent that cold aet the e movement of US milita airra In ight of this HQ MAC plans tobief their aircws, emphasizing the lcy at ar commade should deny acess ayoneattmpng to ard for the pupose of nscon. 40

Alexnder Haig suggested a dra leter to the NZ Goveent sciing a pcedu wherebyUS ofcias seahed arrvng plaes ad cered to NZ Customs that ey were clen. He asosuggested that US ocials perform te agrultul nspecon d spyg41

A 31 Decemr cooinated State DoD and NSF able to the US Embassy42 coveed the wholegamut of poblems. " ... NZC inspection of Ocial USG mail Sezure ad inspecon of US ocamil by GNZ authorities is expressly bed by agemet with GNZ" It cites a ondentia exhangeofnotes of 24 December 1958 r Harewood,43 d a 9 Juy 1968 odena exhang of nos on MtJohn "Boh povide as foows: 'As a marof intaonal cousy, he New Zealand auhoes wllexempt fm inspon srch r izu Untd States Goveent poperty nuding oci maland douments, enterng locatd n or leaving New Zaland in oeon with the program Embassys ruested to vigoously ptest to GNZ ny seiz nd nspcon of oca USG mal Deparentundetads t USG nd GNZ may dier on what costituts oial mal 2 The cable accept that

FPO trait ma is not exemp from Customs son uder the Uvesal Postal Convenon "adthus the USG may not be able to argue as a maer of absolute ight that O mail is ened to edomof trasit under Aice One of that Convention t pointed out Defese was trying to get US postallaws amended so that i could sea i o mal for dope When that pped, te US govetwould ask NZ Customs to ea sarchig t ma to Ataa42

By January 1982 there had been 56 do intepons ivolving 12 mita peonel and 25ivilans. On 22 December e onbase mal bondng faity had oned. ndicaons are no w that

NZC has reverted random inspeons ofFPO mal Whle buk of Xmas mail plus austere lday

stng conditions may have fod duced scos local NZC ocias have idcated at radomhecks were inevitable as sitive drg inteepos decased44

On 6 Jauay 1982 the Emssys DCM (puty Chief of Mssion) caled on Beeby at FoeiAairs They discussed the pocedre for NZ ispecton of US airra.

Beeby feels rongly at Customs will insist that he inspection be conducted by aommissioned oer who is not part of the aicraf rew peferably an ofcer om thebase at Harewd

"When DCM raised queson of agrcule inspeon and sprayng Beeby guratvely

hrew up his hands d askd DCM not prr at ths jut He sd he not aised issue of agiulure inscton wi MAF since hs woud sr up a hoetsnest Beeby pointed out at New Zalad is uiquely dependent on agiculture for itsuvival nd was also uniquely blessed in not being subet to vaious agiltural pestsand diseases endemi in her pars of the wod He noted for example that whenQueen visited New Zeand agriul ofls me on board to spray aircra. Queenwaited quetly while ey dd s As Beeby indicated even Queens airraft is notimmune to such poedue. Wile we flly undersand sture tha t mantenace ofpriniple moe impont thn temporary expediene [sic] we stngly ecommend hatState) Depaent d DD coul on ave mens of acomdang GNZ itessto USG poliy Bone

he extaodina niviy of tis disusion is underined by i oci descpon "DCMpomised to epo his nononveaon46 A separate nd longe bssy able porg e semeetng gives more deis at e same lev of sesivi "D le Beeby nonpars whchinoprted gidane on si issues".46 These nonoveaos nd nonpapers wer sented at


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something of a non-meeng by who had jt ld fom Cha holday nd alone n theoe .. 46

"Beeby fuly acept o vew a e houd no inon o ei of US oiamai In point o at we hv ete of alogy fom lol Colletor of Customs inCthrh oneng ineeence wih oci mail in Novembe.

". Summer vaatio time is cleay not opimm ime for olving hee oneniosqueions epedtiosly b a epoed pevioy Minister Cooper has old FA oele mate and we ndetad hat PM Muldon wants queson solved46

But contentiou mrs we fa om ing seed eediouly On 12 Jnuary WL. SceatsCsthh Coleto, wrte to Commde Jones etng omplas abu mail eing damagedJones had oily complaned o 8 Dcemr): The concion I draw fm i ation d thetone of your leer i h yu nw wh o mtan commuiatons between thi oce and yourorgaisaon on a ty foma bis hefoe must expss my disappoine tht he previouslyecelen ooie effor h now ahe atrcy foa leve,,47

The Air Foce ws i co o aicrew to resist inon of USAF caf "I

i US poliy to e tat mla arc e eed o he prvilege and immue whihstomaly a acoded wship I foeig offi efse t desit in hei earh reques endgnoicaton o USAF HQ d e appopae Embasy by the airrt commder, e shouldindiate that he wod prefer o y he aicra elewhee viding fe d mehia conidertionspeit a safe depe and qest peision to do o 8 If the foi oials fore thei wayonboad, no physic eice hold be offered b a ompint pompty made to he USmby48

Dug ase saed oming p n e Chhurch cout On 8 Jay etty Ofer ThidCass Jme Lee Lemond w oied nd ned $20 fo impong cnabi ino NZ Reqe fowaier of foeign cimin udiion deed by NZ isy of Foreig Aai on 4 Jan 82 4

Seea other Amea wee quesioned a Churh Aio pon tei re fm the Ice bmost were reeaed wtho chage ter ing o nwe quetons Bt a much moe seio dgsmgging avene was ncvered. On ny a lgh cew member mitakenly haded o NZC anoi "US Goeen enelope. hen oened, it impcad a US Mitay Cuoms Ispector(CI dope mugger hime eaon wa instnt "rlieved of dues as Miitay CutomsInpector due to pion cing conoed btace via ard mai 50

In dicion wit h Commande afteoon Januay 2 D C emphaized ho wetremely embaig hae ga Miity Cutoms Icto we We we werebeing intuced by Depatmen Do ad NS and USAF o make trong pith onsoereign inmenaity nioabiiy of ofcial mail e, and obtain ageement that ofcials hod ndete earhe of planes mail e n individul pecialydeignated by he ay a ilita Ctoms Ipecto my dg supplier d singofia mai l s a ehce DC impesed on Deep Freeze Commander need to limitpbicity on his incden eedes to say his lae inident does not enhance ooveal redibiity d may compliae he tak of persading NZ tha US ofcialshold hve sole responibiy fo Cos inpeion of US arrat ec Bwne5

By ts sage he US wa haig o asse Foig Affa at US ocils wee in factooating wh Csom d o ading uspeced Ameca no to ooperate with NZC ponret Cstchch Thi pon wa eled by he US mility tying to hve a repeentative ofthe Fee Jdge va F ee when upcs we questioned or by ying ge aestedAmera trae'ed h iuon aoe on 5 Febuary wih the aest of a ivilian

Conty o pat poicy Com now ndias ng moe of hdne appach reposecio52 hat ame dy oec Sea we o Commder Jone quesng ae to USpeoel rcod d e o se hdwting ple o assist in bgng harges of impongdgs in he mai154 " date ee nervew wi e exepion of Jmes Monds n) have failed


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Ito dsclose cient evidene chage any p)n wh spct of the oences and it is uikely thatany evat admissions will be made by he psns s to b inteviewed.53 This rquest for NZaccess to USN les led to a ury of cable examnng the Privacy Act and oher sattes"Poper deteinaton of s issue has serou a ad polcal implicaons This Command desireso cooprate lly wih NZ Customs but ds no wsh o compmise either an indvidual's rghts or USGoveent reguaons

U S diplomas went back t see Bby ad MFA lega division chef Bll Manseld on 10Febary n rlaon NZC access to USN es: "Bby rspondd at whle he was hopl USGcould cooprate he wod udetand a resa based on prhbios of US law He said that GNZwould b prpard to obain ou order f nessary ofcial mail we discussed as was he_qeson of ispecng USAF ai Beeby stil epected "sresistance frm MAF over he later5

Co r cases wer going th he system. Comc elef was povided by hat of PhlpValente Colbe He cmed a he pacel of dope at ed up for hm was a a misake - he wacuay excng camomile tea at "wed" ad "pasans deli\ht wee tes for tea The judgesaid "My commen is, what an effor for a cup or some cps of tea" 6 Noneheless he charge wasdismissed cause e Polic had not proved Col had he necessary cimia in im

cannabis into NZ, a tene o NZ law at defead sevea prsecuions sing out of drg inteeponsin Deep Fez tansit mal

Customs pressd on and got ocial search warrts to search he US Navy Supp odminisraon Building for "docments contanng hadwting of iord Gorge Tompson"57

Thompson wa oe f o suspectd of imporg canabis On 17 Feba A deied a questfora waiver of foreig cmial jursdiction. Thompso pleaded gulty, d was ned $25 0 Thewarant also applied to for civilias

The USN was also ghng assauls on is sovergn immuy in noer Chrstchurch ou case,unrelated to drg smgging A civil clam had been made against a helicopter in he cago hold of the

USNs Souhe Css t havng ben resced m he West German search seach vessel"Goland" which sak in Atarcca in Decmber 98 The Souhe Css" was prevented fromsailing om Lyelton n e claim was heard 2 Februar M Jus Hardie Boys d hat anNZ cour had no juisdicion to hold he sp

Embassy Politcal Or Grg Ta me wih Bby on 5 Febrary to discuss he full rangeof Customs and MA! cone e were l disagreements about denions of ocial mail"Polo [polica ocer] emphasid at povso gves Cusoms a blank cck open any maladdssd o a USG ocil b e nd dcated ha pviso l i akelhood be uacptable toUShat both New alnd ad Astlian os a opposed to chagng he pcedur for Agrculualsprayng It s demd b i he nes o e USAF o coninue e past pracces n laton toagculra spang of USAF Ne Zead d Austraa Thefore, as a iterimprocedu ad wihot pejudi to he n resouton of this proem arc mmanders sholdconnue e previos practices d may i New Zald and Ausian agricultural ocials onbard heir aira o po e dsinfecta mcons Sch ocs should be compaed by anAirForce cew member who shoud assre tha spray does not create securty prbem or oeriseadesely aect accomplshmen of mia mision

Cusoms wasn fag e in cor Of 1 idenied suss oly fourhad benproseuted by Feba A four . Lt. D Micel Hikley udge Advocate General adoe USN, summased th: believe Customs appached he ask o f prsecuting heindividuas in a oer smpls me It appad that NZ Cstoms ocias, when ieiewing

suspecs at Chstchur It Airp eced em simply to nfess, take a ride downton toco plead gilty p a ne hen e susc esed o coorate NZ Csoms backed oin90% of e cases 6 Hike e ec pinpied he legal pblem of povg intent to mpodoe ino NZ T elem o intent seems to be a eqiement for sucessl psecuon i New


12/22


13/22

\!

The Ebsy gave Bby noh dr noe h!t eveng ppsing ht for cuss, a Uofci woud bord e plane on rrv nd dee i ee of conabnd For agrcuture:

.he Unted tates Govee c()e to he boarding of U itry rcrf by dyauthorzd ocils of the GNZ acopnied by a US airra cwember in order toperfo necessary agcut st disease contrl ion s consent is grtedon he undertadng at NZ acur auhorties w coopete with the comnder

of S litary airct so as aod baches of mitry cuty ispio o miimissios and dage e aicr d py on ard66 [mphis added]

hristchurh ustoms ws dened to foce e poin On 25 Augst Collector ceats wteto Coder Jones asking for witen cnmaon hat " . offce frm ths Dpaent wi not bedeed access to brd nd inspe your r nd w be peied to seach your aircraf nd onsuch serch you wl povde n ocer fro your comnd to assist he sech team"67 ceas citedNZ nrcotics laws nd intaon law ccaly the 96 gle Convention on arcotic DrgsThis Customs demand fo ording nd serch ghts produced a u of memos fom Deep Feze tothe Embassy questng ugent acon. Jones replied

The US Goveet hs a wodwide policy which mantns hat ilitay aircra eabsolutely imune fro boading I m sre tha you cn, heeore appreciate that Ihave no vested locl authorty to agre to your quest on behaf of te US GoveentI have, howeve hand delivered a copy of your letter request to the United StatesEbassy fo r diplomac soluion with your Minst f Foreign Affis 68

Comander ones Lieutent ommder McDni and Tvo Gce met Custos men JimKeas Brn Ford nd B McRa on 8 Sepem S mility duplcity was leading poblesfo Deep Feze

ustoms reaction to the pition on aicft searches] was that Deep Freeze - 1 30Hercule s aicraft were not military but civ lian Custos eferred to August 1

8

eeting wi Captain Peaigen wheein during discussion re approved organisationsthey were told hat 1 30 aircra wer owed by NSF ustos stated hat in view ofownership milia secuty and imty were ot in queson Z Cusoms agreed toelevate queson to Mns o f Foig Affais69

On ocial a Cstoms " cnot accept al ked il because last yer two pieces offrked il conned dgs They eered ght of disction to on and inpect l ail that dogsaleed on 6 On tnsit ma Bian Fod . felt bags woud s be opened d pped for dogsueillnce d held n Z Cuss appvd nd 69 But he meetng was "laxed nd cordiland Finly ustos appe hin ea A vea geen Ih w iven etensio hodalleviae y NZ Custos d Dt hshrch headaches 6

The dispute had by ow mod to e Minsteal leel Keih Alen, Mister of stoms, wteto Absador Brwne o 20 Sepmr I cn con hat my Dept h no interst inexmining ' oici US Govet mai but epeience h shown that it is necessy for a rmundersnding b eached as what categoes of mail popey fl wihn s descrption . 70 "the question of my Depets o indiidal who we e subject of dg invesgaonsreting to wok ara my Depaen has no wish t iuence he employment sitation ofthese persons either way h cld howeve be y ndeg tat such peon wod not bethe subject of leg pcedigs hod my Dpame ha sucient evidence of involvement in drgimportation70 O ading d srches My Depaent tkes he m view that it isuntenable for diffeng dees f accss to acoed to he vous pcessing agencies involved

these being he Ac Qantine Sic he Depent of Hea and the New ZelndC 70ustos

On 18 Ocob a ilan roe to Foreign ar' Bi Maneld offerng mended

1


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14deio of "ofcl mal" She oted "B y deleg ked mil m the detio of ocal milwe have agd o a mitatn whch we hve not cpted w other coues" 7 Keith Ale hadmet Ambssdor Bwe in Wegn, ad now ped isit Deep Freez o 2 Novemr Trevorce summrsed he otsadng issues to soved wi Customs

Significat fcts of trnsit m r: 1) To date not oe positive drg tercepion hasbee found hs se so No o postive dug iteception hs eve bee fondinvovng Detchmt Cstchrch pemnet dty sttoed memb 3 Csomsreveed to radom checks drig he wter monhs 4 Customs abdoed srhe ofCous [Contet US] boud mai (fom Atarctc. 5 Uitd S mtypersoel w soon hve oy nd dicves to ipect ts ow ma w wod hexpect Custms dsst m iscos72

Ge so ddssed h thoy queston of acraft owehp

Sts o VXE-6 A [C 0 sHercues] though LC -1 0s usd in OrionDeep Freeze are owned by the Ntional Scece Founaon there is no reasonabl bassfor these cft being tetd ay diferety th y othr mitay cf sd eOperatio Deep Free Pogm The Nao Scece Fodtio s Uitd StatsGovemet Ogisaio As such it is pt of the Uted Sttes Govment adetted by temtoal law to ll he bees of the sovereig immty docte. Thefl back posito s simpy tht the plaes re nde opeoal cotrol of US militywho re perfomig a DoD mssio The DoD mssio beg to prode the supportequested by NSF The acaf - ing uder mtary control shoud tetd s yother mtay i 72

n fact although Customs sered the ght to bod US mtry aircra nd dd ot ccet theUS piton on he LC 3s emp however has been mde by NZC t bd y Dp Freercft sce Aug 8 3 As of 7 Ocbe ustoms hd abdoed sehg US bond rast mlpssng thugh Hwod fm he Ice "When sked if vised prdue od be estabished

wrting airpo Csms mge dctd ht ew procdue was uofcal, heefore prefered ot tocommt it to wting 7 hd gd ot o oscte food items fod st ml "Thscocatoy attde by NZA s icnt d to some dege sigs impoved eonships betweeths ctvity nd NZ Govt dep

Thigs were sti fa fm hy doy on e goud Deep Fe ws s ving garow of cams fom the e conceng items damged durg Cusoms mai seches Ad Cusmswas st aer dope Fo nstance on 1 8 Novemr it oscted two pce of FPO ocia mailcotig vdo csses case the sniffer dogs hd ndced they we suspicous They werce d wee d 74

High evl ngotto coed On 24 Dmber B Mseld wot to inda Smacoverng whole ft o esold oms sses, idg ocil a sit m, d isctoof mltay irft 75 t prmptd spte of Embassy cbles to he Stte Depret coveng eachsbject sepraty The Embssy ed Suggestos a resut of meg between A d NZCstms uhoties descbd by Ass! Secty Bby as ong d uo 76 Custms preseted itsdetio of ofc ml d ts fomu upo suspecg dope he m, namely hat he USCommnde o hs rpesntav shoud inpect it e prence of NZ Customs We destadCstoms s dmnt that the soe me of ssrng ee s o buse of oci m76

O c nsto Cstoms ssed he gh t bord d serch USAF ples theompay o he ommde e lter cted mtry secy, the the prede would bht he Csms c my qe ha the OIC of he US Navl Supp Force o peron

desgted by hm psny u detaied nspecton d my mn on bd the rcraft ulthe OC o dg s Te Embssy on wa O meson o NZ draftis tht t s pg dide US pocy d heroe accepbe nded commet t the pgph ed's lttr reds Uccptbe NZC shold not ble t


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reqie' o become arcra inspecr" Also: "Embassy is aware of s having pevioslyexprssd conce about militay sect of ara ad wod pefer that here be no refeences toseuity i ay ageed text Also we may wish o consider having any text fer to milita owned oroperated aircra' so that NSF owed DoD peratd airaf wi be sbject to same conditions"77

n tasit mail he Embssy beeved that he new DD sl ision rght wold susedeCustoms. Bt only in theo "Snce it is dobl however that Det Chrstchrch w be povidedequipment detecon dogs, etc pefon inspecon aticipated in rgulaons, we pesme atinspecon athozed in regulations by foi Customs wi ontinue in New Zealand 78 It concluded"Most oensive aspect of NZ Cstoms inspecton pocedures is heir pace of opening st lass mail,particularly onal lees We suggest that dra lnguage poposed by NZ i s indequate to meet ourconce abot his invasion of prvy d shod be mended to nlude some refence to pobablecase 8

In ebary 98, the US Navy deided to insttte a dug detector dog pogramme boh atHarewood and McMrdo Ial plns were to impo a dog om Hawaii an MAF ifoed theEmbassy that it wa prepared to waie te quane rules allowng he dog to be used t in NZ and

Anrctica 79 Ths pla was dropped in favour of byng an NZ dog and having it and i US Navyhandler trained by he NZ Police foowig discussions wih the laer's ief dog tainer, nspectorDavid Boyd and Chrstchrch's tp dog handler Sergeat Harold Surgenor.80 The US militar waspleased wih it relaonship with the Csthuh lice Det Christchurh also has vey goodrelationship wih local polie nd ets ny indens involving New Zeaanders to them. n worecent occasions for eample te Detachent has idented New Zealnd pusher for fo p aconby local auorties81 Nong is simple in he U S militar - eams of fons acompaied he dogprogramme layng down poedus for te sfe hnding of nrcotis nng aids reqiments for tehandler, even detailed insrtion for he dogs maimum sss diet

NZ bent over bckwads o help he US mili on is one

. . .NZ Police willing to sell dogs to US for appoximately NZ$200 and povide ainingof dogs and US militay mster at arms/militar cstoms inspctor at NZ Police CollegeTrentham Wellington NZ Training and lodgin g would be at n o expense to USGovement (estimated vlue o f trainng of dog nd handler is US $J 6OOO) NZMinistry of Agclture has ageed to ow transit of dogs between ChCh, NZ ndAntatica This is a unque eepon to sngent New Zeland quaratine laws whchaow oly imp of dog fm UK and Austi Wngness of NZ to povide dog andtrining and free transt dog indaes high degree of NZ interes in nd sppot ofestablisent of US mlit drg detection dog pogrm Aptnce of NZ offer andestablishment of pogram t eriest pctial me would fvorbly eance percepton ofUS cdibility on issues of d g interdion and ntol 82

Alas, it was al for nugt Msr t As eete Aitage ad oe (boght in Chrstchh forNZ$200 by Deep Freee were trad t Tnm sted work at Haewood and McMrdo inAugust 983 By Mrch 1984 it wa a ve e Militar Woking Dog Program is cuently n aninctive stus sed on indeeden bserios nd assessment y two senior NZ Police dogtainer e MD hde w d to b unssfcto nd w subsequent! y lievedof l MWD dues ad mde ilble for sigmen 83 Aiage ws eted t he US to bereplaed by anoer hander who was s tned Trenm

Cooperatio onued w e Csthurch plie in oer rea Reent disussion wit NZPolie and NZ Customs inded boh genes oppose cnept of US imporation of (nrotics

tinng) ads int NZ due to Commd's locton wihn civan community and itsinherent lack ofphysica secuty. NZ Polce hve oeed to make valble on sgn ot bis, all (naroc anng

aids n view of lo irumsances, eques ahorty to use NZ Polie vice Nva Invesgative Sevicesupplied narcotc ng ds 8

1 5


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1 e S mtay was wlig wih is w semcs Mah 98 3 i t had a pblem

respodig t Zstms psi aig d sehg S ty arc.

"Z propsal wld exempt aircra fm detaled ispec by Custms fcilsoly o basi s f milita secuty This eempti is f practical releace to MACChanel ights ly. Aircra oprated by U S y i sppr f U S Atarcc Prgmare owned by the N ainal ee Fodati In vi ew f he proisin s of Atarctceaty prhbig miliy tos i Arctica it is likely that asos of military

securit cld or shuld be adanced t preclde Z ispect f y U S aircrainolvd i Z-Antactic gh85

Buss were cniing On 31 Jaay 983 ree ia of cmabis seds were discoered atMcMurdo, destned f Michae Mcika a civa employee of Arctc Services. He was sackedndeed Coder Shemaker decidd t . .it wld be extremely dages to peit MMocinikar to winte oer at Sout Poe. 86 The ufrtate Mockr became a pliticl exmple.Psitive ac of enforceme by agece icldig psecti of iciden such s is woldcunr impression of NZ enfmen agecies US is cceed wi marjana se byparticipnts S Atacc Prgm Prsec i s cse wld pe wrhwhile i tes fdeterrence of coninued dug abuse ad wld clfy US sit on drg abse by participants i USAtarctic

ram hese factrs qui hat incide iewed sersly wih view towds

prsecuti 7 Mocinika' case wen he hghest levels of he US Goveet A StatDeprent cable under George Shl ame asked: Has suspect en deta by Federal r therlw enforcemet agecy?88 e wer was O7 Febray Perl Harbr prsectos declined totake any acon on te seeds, and Mocikar was ot detaied by any law enorcemet agency His caseled to a review f selectio crtera fr wntegoer teams

The bst of Vemon Mash led a hgh level dispte between he US d Z goveents.Marsh had imped 1 8 gs cabis tgh e mail Octobr 1981 d was arested atChstchurch Airort on 22 Feba 83 we psing trugh n his w ay back fom Anarctica 8However, the charge was dismissed on 28 Feb oce agan because he plice could t peitet t acly im do int Ne Zaand as opposed to merely tasting

On Agst Mist of Foreig Affais legal divisio fcial Ala Bracegrdle calledPolitical Counsell (Polcons) to register ew Zealad Gvement cce oerpssible ret to New Zealand of Atarctic Serices emplyee ernon MarshB rcegirdle said New Zland mmigan has leaed hat Marsh is to be amng AS[tarctic Sevices - pate ntactor] cntacr emplyees reuig dng Agus eoute to Antactica fo e 18384 tactic season

,

"Polcons responded Mash last yea etued pivately to New Zealad ad hired alawyer o see whethe ere were uding aotics chrges aganst him The lawerrepoedly contacted the police who knew f n outstnding charges against Marsh

When Mash eted eaad m Atarctica at e ed of e seaso howeer,Customs authotes detained him at the aipt and he subseqetly faced tal nnarcotics charges Polcouns sggested tha since New Zalad cous had dismissedcharges against Mash in ebuay 9 83 it s pssible that ANS cnsidered his recrdclear fo reemplyment n the 18384 sean

Bace gidle responded te emphacly at Marsh is cnsidered ndesirable by heNew Zeal and Goemen he dism iss al of charges agaist M arsh was basd atechnicality he de had said, thugh tht he had no doubt of Marshs gilt intransmiing nacotics tough the mail Bacegide said GZ udetads at Marsh sAS jb is in te cago yad a paticularly sesitive posion for narcotics smuggling

Note ew Zealand Customs has told Det Christchurch that they itend to inspectincomig US cag is season whch cld quite disrupe to USAP operaons ehave o dubt that ustoms kns of Marshs previos psitin with ANS, loghthey may n k hat h s cuently wking in the AN cargo yard at Port


17/22

Heneme [Califoia]) racegirde continued that by -emplong Marh he US wanot exerciing conrol over its onel and wa not acg within the ntent of he 1958USNew Zealnd agreement. New Zealnd does not beieve that it i it le to montorthe re to New Zeand of ndesirab USAP employees; that is a US reponibility.New Zeand wished to make it clear, however, tat it expect the US to end to NewZeald only employee who are above piion d have not en bject to previosnarcotic invtigaon.

"Bracegirdle said he had inscted the New Zeaand Embassy in Wahigton to take upthe cas e wi h the State Deparment H e noted that when New Zealand igned thecooperatie agreement with he United States in 158, it made concesions onimm igration procedres fo employees of Operatio Deep Freeze The subeqent'civlnization' of the US c Pogam phaps made it mo dict for e US tcontrol its peronnel but New Zeaand expect sch control to be mplementednonehele Bracegirdle nod ha dug ue mong Antarcic peoel is an etremelysensitie issue in New Zad polically and on wch is of con to eer CabinetMinier 90

The NZ complait had he desired eect A Dep Frze int memo of Septembr 1 98 (coeing yet aoher meig ewe Deep Feee and Cutom) tated: ey Cutom) nocilyrepored their dipleasure at e I/S Cargo Coordinator bing a know dug oender. They statedat even thogh a cou convction wa sessl it wa a techcality hat pventd them obtaiiga coniction ad heir conce we hat he US Goveent w n ncooprve over his veyseos maer A of September 1 19 83 e latt news fom he US Embasy, Welligton is that aertong SEC STATE moves M Mah wil not b rng to he ntctic Program as ANS havenow dspeed with is serces 9 1

Drugs continued to be of conce to the US military For example, on 1 5 Noemr 19 83 Majorhso sent a hdwen leer to Majo k Hall, head of he US Military Custom Inctornaming two mecas lleged to have grow mijuna hydroonicy at So Pole aon Can

you see o it at he name of e two individu dropd o NZ Com peronel a ronanon grata?92 Ts piece of ifog led to a primand om Commader Jone "Thi i a itivese at hould b hadled at our level nd not infomally commicated or acted on betwn orTem O ofcers ro is end MA Hl ha not been given ahoity to deal diect wih NZCusom on my behal 93

Cuom reguay supplied Deep Fz wi ist of Americs whose mail had n fond toinclude dope e, for nstce te lst of 24 ua 1985 suppied by JN Anderon of Cstom DrugInegation Unit nd Deep rze supplied Csoms with parcar d photo of s ch ahoe ent by he Naa Investgave Se, earl Harbor on 1 2 September 1984 wih photo of oneupect and a qest at ey made available o NZ stoms

Indd by 1984 stoms d Dep hd umed a aonably ciil relaohip

"A s NZC neve on efoceme agency acc or licie i wrng it i dicto dene a soed sse Howee NZ a ovously aceptd loca commd contolitiaties as adee eidened by lg er polic fom a gorous interdictionprogram to radom mal inspections Local NZC enforcement head has verbally tatedat here i now no uireme boad ai at NZC has doppd he requirmentfor lceg e X NVl Echange ad hat ey re sased wih e Det teadyeffos o restoe rdbilty d a mutal s now eists The New eld Mister ofCustoms Mr Ke Ale accompied by e US Ambassador to New Zaland wa

gien an on te befto y e in Je 98 3 He seemed sased and codenthat NZC coces ad bee ly det with d reected suppo for resoling ayremaning ssue9

Cstoms even apologied to Commader Jones On 1 1 Augt 198 3 ck Howley Colectr at

1


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1Aucklnd. te to Jones: refe to &ou ett of Juy 29 198 wch ou me meton of n

incident whch ok place at Aucnd Inatol Airt o you av on uy 20 19 8 I egt thedelay caused to you nd you wife by the reseah ecessay to lat the nsruco which exempts the

good you had i your posession m paymet f Customs chages, s mate has been brught to teatenon of my oce employed at Aucd Air ,95

Poblems for e US mlita wee t oned to New Zend MAC Chnnel ight to d

frm Austria a t oyl Ausian Ar Foe Base Richmond located e blue Moutns nerSydey, I Februry 198 3 Sali umbe 043 was oarded o avl he by n Ausi publicheh ofci a doctor agriulu ofcia ad wo Customs ocals Upo oaing e senioustoms ofcia adis he arcraf mmder at he would be conductg a supercil search of he

aicrft He sked if e arcr ommander or s presentave woud ke accompny m, 96

Thee was a lot of toig and fro-g The commade st piely fused to ow he sarch,The Customs ocial e rques tt e airw deple wi heir pronl baggage nd he heseaed he airc w Ausaa oms sas he ra commnde en sought guidce frm

e Embassy9 The Embassy ontcd CINCPAC in Hawi Customs offe to let e plne depar

unispected ad wiou uodg bu he would he lodge a protest rough Austran Customschaels96 Custom jet e ommade's oer dowload his cargo for ispecion insising on

a ispection of e ple ief Angly pursuant to Embssy isucons ad wi CNCPAC

cocuence e ar commande peitted te stoms insction of e ac bu oy erreiteang e US sitio at m arft immune frm Cusms ispection He added at he

would epo e cdet immedately o e US Embssy As is appent om todays evens atRicmond s siuao is not mping d te ptea fo creag incident at might wecome to he aentio o e Ausi media Request Depaens guidance o advisability of ou

lodging a foal dploma ptest wh GOA [Goveent of Austra] regdng today s eves If

epamet bles dilomt pt apppate equest suggested laguage fo Embassys use

Lye9

The Commde of e d eet set the guidelines to Cnbe i April 198 rfeg to e

" last series of difcult situatons facg US rc commnder whe confonted wh deteinedaempt b local Customs Immgraon d Agicutur inspectors t bord serch and insct USaica i Auslia wiout USG peission, hese situations have been he subect of conuing

diogue btwee e USG and GOA ocis GOA should be noted hat US mility rrftpossess soveeign immuny and at USG obect to y boading of ircr by GOA ocis but wiaccede o such boadig oy o puoses of oleg manifest ding solutio of issue Active

inspecion of aicrft would b pecluded woud wk-rough ecept fa back position to avoid

conrontaon" 97

he prcedus wee itemed concludig f the oce insis o inspcon he aicaftcommder will quest oppty o obt guidnce fm Ammbassy Cnbera If opprunity

obtai guidance is deed e crft commader w prmit he inscon to tke plac er

advisig at e insptio i beiconduced ude potest or if cuty coiderao require seekpeissio to depar e ouy

But i New aad he US had wo e irraft specon issue, A Deep Freeze ine memoof September 1983 ads i i etiey

US Embassy Weligto has ake sog sd wi NZ Minstr of Foeign Affisoe boadig acraft suh as shut the doors and take off instructions to aicaft

ommder Ths foatio was pssed eby NZ Affrs by plitica secion ofthe US Embassy ue 93 No attemp hae been made to oad any aircraf in he

past yea NZC dicated meetng in uly hey would ot be oading USN aircraf

ad i ee the fet h w a ugent eed to do so they would cotact theMMBASSY d s aso hy Ts matter appars to be esolved98

The dgs isu wi i lated shes over svereignty suaced publily oe more time On Ocober 195 Sheldo a Ce. a US Navy aviatio electici was sd in a motl nd


19/22

charged with pssession o caabis and ashsh When aked where the dope cam om, he told thepolice it was fom the same Herules he arved on. The tory wa repoed 'O Be' the newsletero Citizen or the Demilitasaon o Harewood99: "So, at 2am he same day NZ Cusoms resolved tophysicay seah the aircrat . s was stogly objected to by senior US militay rsonnel o thescne but Customs used a botuter to bak a lock and serch the plne. In te event no dope wasound but he snier dogs' action indicated hat it had been e".

"The dawn rai d became a ullblown inteational incident when it was revealed inParliamentay quesionng o he Minister o Customs, Margaet Shields (The Pess' 5October 1 985) that the US Embassy had omally complained and that Sields hadassured the US that it wouldn t happen again She said, despite Customs' having oundpo hat dope had been on he plne, that was not he issue The issue apparently wasthat Customs had ollowed al nessay procedures t get a search war but 'Thebelieve d they had the authoty when they did not '. Mike Gould public relationsspokesman at the Embassy, said the Goveent's statement that it wouldnt happen

again closed the mater 'He said he dispute had arisen over a breach o sovereignty oan American aircrat the New ealan Goveent had sovereignty over the niteStates Navy base at Harewood

99

s or Catie a juy acquitted him o he imng chages on May 1986 1

To conlude Customs was exmely dligent in its puuit o drugs enteng New Zeand in USmility mail - reality trasiing Haewood or McMurdo (and at's he ason most posecutionsailed in Chsthuh outs) Cusoms was altogeher too digent or the kng o he US mty andthe Embassy The eson o mal searches and elated isues o aircra ictions (y boh Customs

and MAF) was deemed too ough be solved at te Chsthurh level and was always eerd to the

polica level Welngton US dplomat held "non-conversaons" and presented non-papes Cs Beeby (hen ssistant Secta o Foei Aas and now Deputy Secretay o the Minsty oEte Relaon ad rade) eeby was willg to be helpu ahoug even he couldnt crack thesheer istence o MAF whch led ustoms claiming equal acess righ to US airca). But it isar to s ay the US view pvailed Cutoms mil seahes diminished; reques to boa aircat stoppedIndeed Cutoms became coniderably less zeaous aer the hig dama o 198 1 had pasd MargaretShields old CDH in a 1985 leter "Fm Janua 198 1 to mid-1985 Customs aked e US militayprecisely three times or a niest o Stler cargoes Ths is not physical searhes o arcrat this is

simply asking he US mltary what is on e planes"99

The actions o NZ Customs nd osd big problems or the US mility because it wouldset precedents underining is woldwide rght to conduct is busiss without in any way beingansweable host goveents s hs detaied study has proved e US mltar eeted pressure atthe highest eel to ensre at its interes wee potected

[Editor's note Tis aper ea wih dgs Oher eemens o he ontoversy re being witten up.]

1

2.

3.

45

REFEREE

U Na mem, 0 7 Foe Lega Oer Oce age(OIC) NAVSUPRTCICA ChCh. Subjt i uoms nc Pgamnsn COASUPRA?TARCTICA 5840

S ubjt S o Dp Fr Pnn Nvm 73Meags NASUPFORANTRCA n .

Nvemb/b 0Msge n Zc Nvembe 0E Win f Cmpl Cums Cizn Demiin

Hw (H, y 8 Fgn Cnl Wacdg' N 50 Augus 85Tv N fe Bi Summ En

w encls o Cus Augs Augu


20/22

7.

8.

9.

!1 1 121314.15 .617

181920

21

22

2324.

25.26

27.

28.29

30

31 .

32.

33.

5

637.

89.

40.

41.

42

4.44.

45

46.

4748.

Messg om NASRCNCPACT Augut 19 81 Catain Peg C NASFORRCTICA, to Cums, Enorcement

Diiion J9Ami Embsy of S As 19 81 Subjct: NZ Customs )

ivetgo ofFPOm d F pvlge From Ambador H Monr Browne.Condna

Amin Emby 10 S. A 181. Bowne CondenaMiute Mng 1 Aman Emsy S mbr 1981 Condena.Lttr om Fod e AVSFO Subj N on. Augu 19 81 .Posl O US N 8 ly 1981.USR NZ 7 Smbr 1981COAVSFOCA ca COT Subet: ZC npeon

Smb 18Coecto K OC 2 1 Guzm Gc 2 D. Micel H OC o sing hugh

C n ru 0 Or 981NAYSFRFOTARCCA ZC non

Si p 1

Erick C NS Daid Bsnhn Sials f Z V 30 981Rumge by P Agu 1981Rumme rpo by SW el Augut 1981Notce of Seiz d um Or 181Memo om OI NASUFOR t ommndr USNASIFRATARC

Sub s Nvemb 9 1.'Chrichrch r 9 om 8 "h ger US ce Cab om S of St Cdenal November 1981.Trs Foe B bj USF by foign

auhr Nemr 1Z Feign a l Surity of

Oiil R m 1981NAYSUIRTRA CC Sub scon UndAm Bwne CO N Instion. Lmited Oicial ueCCPAC Sry o n Cm nvegaon of

US Fe Coal 181Pern m omma t Cap"g"' Uid. emr 1981mc mby St ta Mdi ron

ineigaonof O embr 18JOC G to C os nooy 14 Dmr 1981.Leer om S f S Ad Snr By

Golda Subj N r 1981, Dep Fe Clr of m 8 Dm 1981Amca Embs to S cion of US

A by hr. l mb 198CMASSWG x ion of US

Af mber 1981S pecon of US

NS Dem 981.S DD N F gaon

of Condn N p p Fze December 958 Cid in ref. 42.

ASUFO!CT Sb inon.cs.

Amca Sl on of USb f .

Amin o S LC invegaon of m Sats s. 9T FB O 6 h Sub Inon

f US Jry 1982.


21/22

49 NAVSUPFOTCAAC Subect: Es of f crmaljcon by unl er 3 mes L Londs, Jr Jnuy 1982

50 NAVSPFOTRCA a Sx Subjt: eplacementeqred f ABH SeyPo'USN Jnuy 1982

51 merin Embssy Sl. Sje Cusms oblem atChC Conden 12

52 NAVSUPFOTRA Si COT Unclaed Fbrar1982

53 Sceats Jnes 5 Feb 1254 NAVSPFOTARCANavy Jdg Adva Gen (AG) lexanda

V Sbj At plm quest for USN and NSF ds nasdFebry 1982

55 mcan Emsy S ofSt Subj A ZC invesgonof m B In f US A y NZC auhes Condena Febu 192

56 Judge Fgary' judgemCilnun 1 5 Febay1982

57 Seah wrt ssu by audge of e Chscr Dsct C!1 5 Febry 1

58 Judgemt of Mr H By Hg o of Z, n AdmrlyCsch Rgy F 12

59 mrn Em j St Sb ZC investgaonSs f su Cn. 198260 USFHQ o y Wingn Su Aiull spyng

f US i Ud Fb 19261 Lt Hin, Bowe ZC f drgs m US

ml n sus ho 25 Feb 198262 Mem m o M 26 Na JA VigVSORARCA Subjt: USN soms

no M 92 Sma n "- 1 Jn 1265 m Em S Sb C nvestigaon

Lmited O 16. man Ems S S Subj sms nspecon and

Aull US Conden Aus! 198267 Sca o J 25 Ag 26 Jones S 1 Sm 169 Meo for e ord i Sbc Customs mg, sues pendng

f Sm 2 Sm 198270 nse f Cum to U Absd 20 Sm 19271 Polic Cun My f Fin frs

A 18272 Gie J v 73 NAVSFO toCOAVSPFOTCTICA Subj

Cusm A Novm 198274 Cab ASORR OAVSUPFOTCTICA Subj NZC

nd Nvember 19875 Mansd S 9876 m S S N nvesgan

ofca m. et. J 198377 m Em S Sj C nvesgaon

n S Cd 198378 m S ZC invesgaton

Tn 379 m Em VSORTICA Port Hueneme Calfa

S A D Cndena Mah 198380 NAVSFORRIOAVSUFOTTICA Subj Dg

id U Mrh 93

81 me Sbj Drg inrdicn dog[ 82 AVSRR NSF ar, Wshingtn C. Subject S Drug

D Ail 1933 NAVSUFOR A Mii Worng g am

Z kund Rommndons 5 Mch 1984

1


22/22

2 2

84.

85.

86.

87.

88.

89.

90.

91.

92.

93.

94.

95.

96.

97.

98.

99.

100.

NAVSPFOTRCA o CO M, Guam. Subjec Nccg ad f ay ug deo dog Us Augu 83.

Amn Embay o CAC Conn h 1983.COASPRCA o NSF Rep An Subjt Ca Mchael

Moc, ANS empoya Sou Pe 1 Fe 1983.NAVSPRNTRCA o COT Subj ncon of mjuan

a McMo Son nca Unca 3 Fe 1983.Sy of Sa o COT S ubjt ncon of mjua

a McMudo San Connal Febuy 1983Tcp of ZC nw wh h; edence of NZ Poce chef dmen examne

pho of edence and Mah' handwng Fe 1983Amcan Emby o S of S Subjt N complan aou

ANS empoyee Auu 1983.n Deep Fez memo Subj: Sovegn Immny n on o

cgo Sepembe 1983.Maj Cn j Hl 15 Noem 1983L om C Jone o Cn Novmb 1983.n memo N isu. 5 Mh 1984Coeco Howey o C o 1 1 Aug 1983mcn Embay Cabra o S of Se Subj Goveen of

Au necon of U t A. Coal Fe 1983CO nfon COASPRNRCCA. Subjec Foeg

oc ong US fo Cm Snon nd cu eache and neconAp 1983.

na memo Sub Immu of A om N iSpem 983

OBa',No 6, em 1985 "Cum b He: Meage

Chhh P 3 May 19 y cqu US Navy man

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Peace Researcher Vol1 Issue25 Nov 1989

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Transcript of Peace Researcher Vol1 Issue25 Nov 1989