Self Determination Package
TOKELAU
Self Determination Package
TABLE OF CONTENTS
- Introduction
- Brief on Constitution Document
- Brief on Treaty Documents
- Brief Report of the Referendum Commission
- How to vote at a Voting Place
- Special Vote
- The Constitution of Tokelau
- The Draft Treaty of Free Association Between New Zealand and Tokelau
INTRODUCTION
This is a compilation of 2 documents - the Draft Constitution of Tokelau as endorsed by the General Fono in May 2005 and the Treaty of Free Association between New Zealand and Tokelau which has been approved by New Zealand's Cabinet on 21 November 2005. The principles of this draft were discussed and approved by the August 2005 General Fono, and subsequently finalised in light of those discussions by the Council and Administrator of Tokelau.
The documents are in English and Tokelauan. The Tokelauan version has been approved by the Constitution Translation Committee which reported to the General Fono of November 2005.
The compilation also contains information on the decolonisation process and the key features of the Constitution and Treaty. The principles as stated in the documents are unchanged from the previous referendum. However some developments in the supporting documents are likely before the October vote. These will probably relate to the arrangements for culture protection and give detail and do not effect the principles or the constitution or the treaty. Voters will be informed on all matters of this nature that are relevant to vote.
There is also basic data on the voting process and the Referendum Commission's Report to the General Fono of June 2007.
Further available material is available from the Tokelau website (www.tokelau.org.nz) and from the Office of the Taupulega.
CONSTITUTION DOCUMENT
The constitution is made up of important rules from the existing laws of Tokelau. The constitution relates mainly to the national government of Tokelau. That government is founded in the three villages.
These existing rules will change in status at the time of decolonisation. The rules will become entrenched - that means they can only be changed if each Taupulega agrees to the change. Second, any law that represents New Zealand control (for instance the Office of the Administrator) will cease to apply.
The constitution will be a special law, it will be like the trunk of the breadfruit tree. It has strong roots in the villages of Tokelau and contains all the essential elements for the government of Tokelau as a nation.
The main subjects covered by the constitution are the General Fono, the Council of the Ongoing Government of Tokelau, the Courts, lawmaking, land, public service, finance control and human rights.
TREATY DOCUMENTS
The draft Treaty of Free Association between New Zealand and Tokelau is a legal document which will guarantee an ongoing relationship between the 2 parties if Tokelau votes in favour of decolonisation.
The treaty will be is in English and in Tokelauan, the texts of both languages being equally authentic. The Treaty has 13 articles and several detailed supporting documents.
Article 1 - deals with the Relationship of Free Association between Tokelau and New Zealand. The relationship is founded upon the principle of respect.
Article 2 - provides that New Zealand undertakes to work with Tokelau to ensure the retention and development of Tokelau's unique language and culture both in Tokelau and among Tokelauan communities in New Zealand.
Article 3 - guarantees New Zealand citizenship to the people of Tokelau.
Article 4 - New Zealand undertakes to provide ongoing economic support and infrastructure development support to Tokelau to maintain and improve the quality of life of the people of Tokelau. The level of economic support and infrastructure development support is determined by agreement on a multi-year rolling basis.
Article 5 - Tokelau has primary responsibility for the delivery of services in Tokelau, but New Zealand will provide, at Tokelau's request, administrative assistance and access to technical or specialist advice, support and training in such areas as justice, health, education, finance, transport, communications, public sector management, environmental protection, economic development and law enforcement.
Article 6 - New Zealand undertakes to continue to assist Tokelau in coping with emergencies and natural disasters and will include Tokelau in its disaster relief and mitigation schemes in the Pacific.
Article 7 - New Zealand accepts continued responsibility for the defence and security of Tokelau and will discharge this responsibility at Tokelau's request and with its consent. New Zealand also undertakes to continue to assist Tokelau in maritime surveillance, fisheries protection and search and rescue operations.
Article 8 - New Zealand will continue to support the Tokelau International Trust Fund. New Zealand also undertakes to assist Tokelau to seek contributions to the Fund from other states and international organisations.
Article 9 - Tokelau has the right to conduct its own international relations and to enter into treaties in its own right. New Zealand undertakes to continue to assist Tokelau in the conduct of its international relations at Tokelau's request and with its consent.
Article 10 - New Zealand and Tokelau will maintain close consultation and there shall be regular meetings between New Zealand and Tokelau.
Article 11 - New Zealand acknowledges that the people of Tokelau may at some time in the future wish to consider a status different from that of self-government in free association with New Zealand, including independence or integration with New Zealand.Article 12 - Supporting documents agreed from time to time between New Zealand and Tokelau will provide details for the implementation of the Treaty.
Article 13 - The Treaty will come into force on the date it is signed.
REFERENDUM COMMISSION
The Commission met in Atafu on 10 June 2007 and presented a Report to the General Fono on 12 June 2007. It received information that, as in March 2007, approximately 679 people had been registered.
The Commission decided that the last day of registration is 2 July 2007.
The Commission also decided that the referendum planning will proceed on the basis of voting as follows:
- Apia Saturday 20 October 2007
- Fakaofo Monday 22 October 2007
- Nukunonu Tuesday 23 October 2007
- Atafu Wednesday 24 October 2007
The Officers of the Commission will make special efforts before 2 July to encourage any remaining unregistered voters to register. The Officers of the Commission will as early as possible advise the Commission on voting instructions, the conduct of the vote and the counting procedure.
Below are some dates people should know about the Referendum:
| Events | Dates |
| Last day of Registration | 2 July 2007 |
| Publication of Registered List | 1 August 2007 |
| Last day of Appeal for Registration List | 11 August 2007 |
| Last day of Application for Special Vote | 30 September 2007 |
| Referendum Voting in Apia | 20 October 2007 |
| Referendum Voting in Fakaofo | 22 October 2007 |
| Referendum Voting in Nukunonu | 23 October 2007 |
| Referendum Voting in Atafu | 24 October 2007 |
| Referendum Results should be available | 24 October 2007 |
Attached is a Sample Voting Paper approved by the Commission.
|
||||||||||||||||
How to vote at a Voting Place
Most people will cast their vote in person at a village voting place or at the Tokelau Apia Liaison Office in Apia. Voting at a voting place is very straightforward and there is always a member of staff available to help if you're not sure what to do.
The voting place and time are provided on the back of this brochure.
The following five steps explain how to vote at your polling station on Referendum day.
STEP 1:
On Referendum day, go to your local voting place.
If you are physically incapacitated contact your Taupulega Office to find out what help is available.
STEP 2:
Tell the Issuing Officer inside the voting place your name and place of registration so they can check that you are on the Referendum register.
If required, the Issuing Officer will request you to show identification. This can be a valid passport or a Tokelau identity card.
STEP 3:
The Issuing Officer at the voting place will give you a voting paper. It will be stamped with an official mark.
STEP 4:
Take your ballot paper into a polling booth so that no one can see how you vote. The right to vote shall be exercised by putting a mark in the box of the chosen statement.
Do not write anything else on the paper or your vote may not be counted.
STEP 5:
Finally, when you have marked your vote, fold the ballot paper in half and put it in the ballot box. Do not let anyone see your vote. If you are not clear on what to do, ask the staff at the voting place to help you.
VOTING PAPER:
This is how the voting paper looks like -
The proposal you will be required to vote for would be in this form:
If you agree with the proposal - this is how you will indicate it in your vote -
| KO AU E MALIE KI TE FAKATU (I AGREE WITH THE PROPOSAL) |
 |
| KO AU E TETEKE KI TE FAKATU (I REJECT THE PROPOSAL) |
 |
If you reject the proposal - this is how you will indicate it in your vote-
| KO AU E MALIE KI TE FAKATU (I AGREE WITH THE PROPOSAL) |
|
| KO AU E TETEKE KI TE FAKATU (I REJECT THE PROPOSAL) |
|
Vote by putting a mark (could be any mark - as long as it is visible) in one box only immediately after the answer you choose. Make sure the mark is in the box. Any mark outside the box will not be counted. If both boxes are marked or unmarked the vote will not be counted.
If you mark the wrong box, return to the Issuing Officer and request a fresh voting paper.
After voting, fold the voting paper so that its contents cannot be seen and place it in the ballot box.
Voting Places and Time
| Voting | Voting Place | Voting Date | Voting Time |
| APIA | TALO, SAVALALO | 20 OCTOBER 2007 | 9AM-4PM |
| FAKAOFO | FALE FONO | 22 OCTOBER 2007 | 9AM-4PM |
| NUKUNONU | FALE FA | 23 OCTOBER 2007 | 9AM-4PM |
| ATAFU | LOTALA | 24 OCTOBER 2007 | 9AM-4PM |
Special vote
SELF-DETERMINATION REFERENDUM RULES 2006
20 Special vote -
(1) Any registered voter who will not be in Tokelau or Samoa on Referendum day may apply to the Director of Support Services to vote in advance of Referendum day.
(2) Such application for leave to vote in advance shall be made at any time during normal office hours, no later than the 20 days immediately preceding Referendum day.
(3) If the Director of Support Services is satisfied that the application is made in good faith, the applicant shall be given-
- A voting paper, and
- An envelope marked "Vote in Advance of Poll" addressed to the Director of Support Services.
(4) The special voter on completion of the vote, shall place the voting paper in the marked envelope, and deliver the marked envelope to the Director of Support Services who shall -
- make a record of the vote and provide a receipt evidencing the delivery of the envelope, and
- include the vote in the counting at the close of voting.