The political status of the Cook Islands and Niue is formally defined as being states in free association within the Realm of New Zealand, which is made up of the Cook Islands, Niue, and New Zealand and its territories, Tokelau and the Ross Dependency. The Cook Islands and Niue do not have full constitutional independence from New Zealand but act as independent countries. Some countries have recognised them as sovereign entities and established diplomatic relations. However, New Zealand may carry out defence and foreign affairs on behalf of the two associated states when requested.
New Zealand is officially responsible for the defence and foreign affairs of the Cook Islands and Niue. The Act of the New Zealand Parliament which established self-governance mentions a role for New Zealand, but the Constitution of the Cook Islands does not.[1] However, these responsibilities confer New Zealand no rights of control and can only be exercised at the request of the Cook Islands and Niue. The Cook Islands and Niue have been recognised as sovereign states by some countries, and maintain diplomatic relations under their own name. The United States recognises the Cook Islands as a sovereign and independent state,[2] and has signed treaties with the Cook Islands government. Moreover, the Secretary General of the United Nations has determined that the admission of the Cook Islands and Niue into the World Health Assembly means that they have been accepted as states by the international community.[3][4][5][6]
Although the Cook Islands and Niue behave as sovereign states in international law, their constitutional statuses within the Realm of New Zealand (i.e., for matters of New Zealand domestic law) is different from that of a fully independent state, considering that all of Niue's and the Cook Islands' nationals are automatically New Zealand citizens, and both have New Zealand's Monarch as their own head of state. While both the Cook Islands and Niue have expressed a desire to become a UN member state, New Zealand has said that they would not support the application without a change in their constitutional relationship, in particular their right to New Zealand citizenship.[7][8] However, New Zealand has never formally opposed such application, nor has it argued that either country would not be within its sovereign right to do so.[9] The foreign minister of Cook Islands has stated that a referendum would be required to determine whether to join the UN.[10]
Some scholars have argued that a lack of separate Cook Islands citizenship places an effective limit on the ability of the Cook Islands to act as a sovereign entity, while others have argued that the participation of the Cook Islands in international organisations (such as the Pacific Islands Forum) shows that Cook Islands sovereignty is not limited by the free association arrangement.[11][12]
History
Formerly dependencies of New Zealand, the Cook Islands became a state in free association with New Zealand on 4 August 1965; Niue became a state in free association on 19 October 1974, after a constitutional referendum. In 1992, the UN recognised both states' right to establish diplomatic relations with other countries.[13] Since then, both the Cook Islands and Niue have been allowed to attend UN-sponsored conferences open to "all States" as well as sign and ratify UN treaties open to "non-member states".
New Zealand has formally allowed the Cook Islands to independently conduct its own foreign affairs since 6 April 2001.[14] Niue was granted this power in 2007.[15]
The Repertory of Practice of United Nations Organs records that in 1988 "New Zealand stated that its future participation in international agreements would no longer extend to" Niue and the Cook Islands.[16] The Cook Islands and Niue were granted membership of UNESCO by 1993 and of the World Health Organization by 1994. Also by 1994, the UN Secretariat had "recognized the full treaty-making capacity ... of Niue".[16] As of 2022, the Cook Islands, Kosovo, and Niue are the only state parties that participate in UN specialised agencies, but which are not member states of the UN nor observer states with the United Nations General Assembly. Additionally, the Republic of China on Taiwan participated in the World Health Assembly as Chinese Taipei from 2009 to 2016.
In September 2022, the United States announced its recognition of the Cook Islands and Niue as sovereign states during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[17] In September 2023, recognition was declared and diplomatic relations were established.[18][19] The United States also announced it intends to open an embassy in the Cook Islands and an embassy in Niue in 2024.[20]
This section is missing information about several other countries which recognise the Cook Islands and/or Niue as self-governing and/or have diplomatic relations but are not listed below. Please expand the section to include this information. Further details may exist on the talk page.(March 2023)
States with which the Cook Islands and Niue have diplomatic relations
In 1980, the Cook Islands–United States Maritime Boundary Treaty was signed. The United States recognised the ability of the Cook Islands to negotiate a treaty on its own only after consulting the New Zealand government regarding the exact status of the Cook Islands. In response to the United States' request the New Zealand government confirmed "the competence of the Cook Islands Government to undertake the obligations and exercise the rights under the draft [bilateral] treaty".[113] Consequently, the United States signed a bilateral treaty with the Cook Islands recognizing the latter's sovereignty over the islands subject to the said treaty and its treaty-making power.[113] The Cook Islands and the United States have maintained consular relations since 1995.[114] As of 2011, the State Department included the Cook Islands under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[115] As of 2014, The World Factbook listed the Cook Islands as a "self-governing territory in free association with New Zealand".[116] As of 2023, both the State Department and The World Factbook consider the Cook Islands as an independent state.[117][118]
In September 2022, the United States announced its intention to recognise the Cook Islands as a sovereign state during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[119][17]
In September 2023, recognition was declared and diplomatic relations were established.[120][121] The United States also announced it intends to open an embassy in the Cook Islands in 2024.[20]
Niue
In 1997, the United States and Niue signed a maritime boundary treaty that mentioned how "Prior to signing the treaty, the political status of Niue was addressed".[122] As of 2011, the State Department included Niue under the sovereignty of New Zealand in its list of "Dependencies and Areas of Special Sovereignty".[115] As of 2014, The World Factbook listed Niue as a "self-governing territory in free association with New Zealand".[123] As of 2023, both the State Department and The World Factbook consider Niue as an independent state.[117][124]
In September 2022, the United States announced its intention to recognise Niue as a sovereign state during President Biden's Summit with Pacific Islands Countries (PIC) Leaders in Washington, D.C.[125][17]
In September 2023, recognition was declared and diplomatic relations were established.[126][127] The United States also announced it intends to open an embassy in Niue in 2024.[20]
States that recognise the Cook Islands and Niue as self-governing territories
Though the French Ambassador to New Zealand is also accredited to the Cook Islands and Niue, France still describes them as having "no international sovereignty".[128][129]
On 1 July 1994, Israel and New Zealand signed an agreement establishing diplomatic relations. The document stated:[130]
In the cases of the association of New Zealand with the Cook Islands and Niue, the relevant constitution acts provide that, while these territories will be self-governing, 'Her Majesty the Queen in right of New Zealand' will retain responsibility for 'external affairs and defence'.
...
It should also be noted, however, that there exist a number of instances of non-independent entities being permitted to participate in international organizations, though this almost only occurs in cases of associate statehood.
Israel established diplomatic relations with the Cook Islands in April 2008 and with Niue on 3 August 2023.[48][131]
On 11 June 2001, Helen Clark and Terepai Maoate signed an agreement establishing diplomatic relations between the Cook Islands and New Zealand. The document stated:[132]
Any action taken by New Zealand in respect of its constitutional responsibilities for the foreign affairs of the Cook Islands will be taken on the delegated authority, and as an agent or facilitator at the specific request of, the Cook Islands. Section 5 of the Cook Islands Constitution Act 1964 thus records a responsibility to assist the Cook Islands and not a qualification of Cook Islands' statehood.
Clark later said that if the Cook Islands wanted to be its own sovereign state, it would first need its own citizenship.[133] New Zealand believes that if the Cook Islands were to become a sovereign state, an independence referendum and constitutional change would occur. The eligibility of New Zealand citizenship would have to change.[132]
Niue
New Zealand has stated that Niue's free association is "a status distinct from that of full independence".[134]
The Cook Islands and Niue as microstates
While their respective relationships with New Zealand, as well as their small size, make them rather unusual states, it has been argued that their status is far from unique. According to Zbigniew Dumienski, both the Cook Islands and Niue can be seen as microstates, which are defined as: "modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints." Both the Cook Islands and Niue, as well as such states as Andorra, Liechtenstein, Monaco, Nauru, San Marino, and Vatican City, fit into this definition of microstates.[135]
^"Repertory of Practice of United Nations Organs Supplement No. Volume VI Article 102"(PDF). United Nations. Archived from the original(PDF) on 19 October 2013. Retrieved 20 October 2014. The question of whether the Cook Islands and Niue were 'independent' entities, i.e. – States, with full treaty making capacity was also considered. The Cook Islands and Niue maintained the status of self-governing territories in free association with New Zealand. In view of this special relationship with New Zealand, which discharged the external affairs and defense of the Cook Islands and Niue, neither the Cook Islands nor Niue could invoke the 'all States' clause to participate in treaties deposited with the Secretary-General unless specifically invited to participate in a treaty.
^"Cook Islands". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Since 2001, the Cook Islands have complete sovereignty in managing their Foreign affairs according to the common declaration of 6 April 2001.
^"Niue". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Niue started its own foreign policies in 2007, when they established official diplomatic relationships with China. New Zealand allows this evolution of autonomy by the island.
^ abcdMinistry of Foreign Affairs and Immigration (2015). "Foreign Affairs". Cook Islands Government. Archived from the original on 18 October 2015. Retrieved 8 October 2015.
^ abcMinistry of Foreign Affairs and Immigration (2015). "Foreign Affairs". Cook Islands Government. Archived from the original on 13 October 2014. Retrieved 8 October 2015.
^"Niue establish diplomatic relations with PNG". Pacific Islands News Association. 23 December 2014. Retrieved 3 October 2015. "...Papua New Guinea... signed the agreement with Niue... on 09 December 2014..."
^The People's Republic of China is recognized by 179 out of 193 UN member states. The Republic of China on Taiwan, who has official relations with 12 UN member states and unofficial relations with 58 countries, has no diplomatic relations with Cook Islands or Niue. See also One China, Political status of Taiwan and Foreign relations of Taiwan.
^Ritesh Kumar (24 October 2008). "Niue wants China's 'most favoured nation' status". Pacific Islands News Association. Retrieved 20 October 2014. History will note though that China is the first country to recognise Niue diplomatically formally and I thank the Chinese Government for that honour. I acknowledge the former Premier Hon Young Vivian and his Government who initiated and finalised these arrangements in December last year.
^Summary of World Broadcasts: Asia, Pacific. Vol. 3960–3971. British Broadcasting Corporation. 2000. p. 11.
^"H.E. Mrs Jeanblanc-Risler presents credentials in Samoa". Embassy of France in Wellington. 15 November 2015. Retrieved 30 January 2016. Ambassador of France in New Zealand, Mrs Jeanblanc-Risler is also accredited to Cook Islands, Niue and Samoa.
^"Cuba And Niue Establish Diplomatic Relations". Cuba-I. 5 September 2014. Archived from the original on 7 September 2014. Retrieved 20 October 2014. Cuba has diplomatic relations with 190 countries, orders and institutions. With this signing, Niue becomes the 191st State with which Cuba has ties at the highest level.
^"Press Releases : Establishment of Diplomatic Relations between Thailand and Niue". Ministry of Foreign Affairs of the Kingdom of Thailand. 27 August 2013. Retrieved 20 October 2014. The two Governments have agreed to develop and strengthen friendly relations and cooperation between the two countries and peoples in accordance with the principles of equality, mutual respect for sovereignty, independence, territorial integrity and non-interference in each other's internal affairs.
^"Relations between Turkey and Cook Islands". Republic of Turkey Ministry of Foreign Affairs. Retrieved 21 October 2014. Diplomatic relations between Turkey and Cook Islands were established on 28 October 2008.
^ ab"Turkey's candidacy for UN Security Council 'valuable'". 7 June 2014. Retrieved 21 October 2014. He said a Joint Declaration on the Establishment of Diplomatic Relations with the Pacific island country of Niue was signed at the meeting. 'With Niue added, we have diplomatic relations with all Pacific Island Forum countries,' he said. ... The Pacific Small Island Developing States (PSIDS) include the Cook Islands… Niue…
^Ministry of Foreign Affairs and Immigration (2015). "Foreign Affairs". Cook Islands Government. Archived from the original on 4 March 2016. Retrieved 8 October 2015.
^"KOREA ESTABLISHES DIPLOMATIC RELATIONS WITH THE COOK ISLANDS". Ministry of Foreign Affairs, Republic of Korea. 25 February 2013. Retrieved 21 October 2014. The Cook Islands will mark the 190th country with which Korea has forged diplomatic relations.
^"Niue signs Diplomatic relations with Turkey"(PDF). Government of Niue. 10 June 2004. Retrieved 2 August 2014.[permanent dead link]"The Memorandum..., increases Niues foreign relationship with international countries that include, ..., Samoa, ... and Singapore."
^MW/CIHC (19 May 2015). "Ceremony celebrates Kosovo ties". Cook Islands News. Retrieved 28 July 2015. The Joint Communiqué outlines the agreement of the two governments to develop friendly relations and cooperation on the basis of the principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence.
^"Niue recognizes Kosovo's independence". Republika E Kosovës Ministry of Foreign Affairs. 24 June 2014. Retrieved 28 July 2015. It considers Queen Elizabeth as head of state, while this recognition is important as Niue is a sovereign member with full voting rights in UN agencies such as UNESCO, WHO, WTO, which Kosovo intends to join.
^"Cook Islands". www.itamaraty.gov.br. Retrieved 4 January 2020.
^"Cookinseln Außenpolitik" (in German). October 2013. Retrieved 28 July 2015. Der völkerrechtliche Status der Cookinseln ist besonderer Natur. Die Cookinseln sind ein unabhängiger Staat in 'freier Assoziierung mit Neuseeland'.
^"Souhrnná teritoriální informace Cookovy ostrovy" [Summary of territorial information Cook Islands] (PDF) (in Czech). Czech Embassy Canberra & Czech Consulate Sydney. 10 January 2011. Retrieved 13 October 2012.
^ ab"Limits in the Seas No. 100 MARITIME BOUNDARIES: UNITED STATES-COOK ISLANDS and UNITED STATES-NEW ZEALAND(TOKELAU)"(PDF). United States Department of State. One issue that had to be addressed during the negotiation of this treaty was the political status of the Cook Islands Government. The Cook Islands is in free association with New Zealand. On internal matters it is self-governing and it may unilaterally declare its independence from New Zealand at any time. The Cook Islands conducts its foreign affairs in conjunction with New Zealand. The Cook Islands declared and does manage a 200-nautical-mile zone. During the negotiations the question arose whether it was legally possible for the United States to enter into a treaty relationship with political entity other than a fully sovereign and independent state.
^"Limits in the Seas No. 119 Maritime Boundary: United States-Niue"(PDF). United States Department of State. 30 July 1997. Retrieved 21 October 2014. Prior to signing the treaty, the political status of Niue was addressed. Niue is in free association with New Zealand. On internal matters it is self-governing. Niue conducts its foreign affairs in conjunction with New Zealand. Niue has declared and does manage its exclusive economic zone. The United States requested, and received, confirmation from New Zealand that the Government of Niue had the competence to enter into this agreement with the United States. The text of New Zealand's note is reproduced at Annex 2 to this study.
^Central Intelligence Agency (20 June 2014). "AUSTRALIA-OCEANIA :: NIUE". The World Factbook. Retrieved 21 October 2014.
^"Niue". www.cia.gov. 14 November 2023. Retrieved 20 December 2023.
^"Cook Islands". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Subsequently the Cook Islands has no international sovereignty.
^"Niue". France in New Zealand. 13 March 2014. Retrieved 30 October 2015. Niue has no international sovereignty, although the island has begun establishing its own foreign policies.
^ ab"COOK ISLANDS: CONSTITUTIONAL STATUS AND INTERNATIONAL PERSONALITY"(PDF). Archived from the original(PDF) on 4 March 2016. Retrieved 21 October 2014. The maturity of the Cook Islands' international personality does not mean that the Cook Islands is, in constitutional terms, and independent sovereign state. In New Zealand's view, a constitutional change of that significance would have implications in terms of Cook Islanders' eligibility for New Zealand citizenship, and would require formal constitutional acts including a referendum and changes to the Cook Islands Constitution.
^John Andrews (16 June 2001). "PM warns Cook Islands over sovereignty". The New Zealand Herald. Retrieved 21 October 2014. She said she had pointed out New Zealand citizenship implications for Cook Islanders if the Cooks sought sovereignty, enabling them to be a member in their own right. If the Cooks wanted to become a sovereign nation, it needed its own citizenship. Cook Islanders would remain New Zealand citizens but "if they want to change it, they can." Ms Clark said: "If they want to exert full independence, New Zealand will not stand in their way."
^"Niue". New Zealand Ministry of Foreign Affairs & Trade. Retrieved 21 October 2014. New Zealand and Niue have a special relationship founded on close historical ties, unique constitutional arrangements and a common citizenship and currency. Niue became a British protectorate in 1900 and was annexed by New Zealand in 1901. In 1974, following an act of self-determination under United Nations auspices, the people of Niue adopted a Constitution providing for full self-government in free association with New Zealand, a status distinct from that of full independence.