International relations expert Iati Iati has called for an independent, international inquiry into the sinking of the NZ Navy vessel HMNZS Manawanui off Samoa’s coast.
The HMNZS Manawanui sank after it ran aground on a coral reef and caught on fire. All 75 crew and passengers were safely evacuated.
It remained unclear why the vessel ran aground off the coast of Upolu.
“This is an international incident,” Victoria University of Wellington’s Iati told Breakfast. “This took place within Samoa’s territorial sea, it’s within their territory.
“If it was played out any other way and New Zealand was the victim here, then New Zealand would obviously want an independent inquiry.”
The New Zealand Defence Force has launched a Court of Inquiry into the sinking.
The amount of diesel that’s spilled from the sunken vessel is unclear.
Samoan authorities have said at least 200,000 litres have leaked, but Defence Minister Judith Collins disputed that amount on Q+A over the weekend.
“Any oil coming out is obviously disturbing for people but we do know that it has not gone to the beaches,” she said.
Prime Minister Christopher Luxon said today there was a “small leak” from a vent and dive teams were looking to see whether it could be plugged.
“But the main thing is the main fuel tanks are intact, and they are not leaking, which is important,” he told Breakfast.
“At this stage, what we are doing is a full-court-press, 100% effort, we’ve got over 60 people in Samoa dealing with this issue right now. We’ve got 26, I think, in our dive teams alone between Maritime NZ, NZDF staff and also experts from Massey University around wildlife.
“At this point, we haven’t seen any environmental damage with respect to loss of bird life or contaminants on beaches, but we’re working really hard to make sure that doesn’t happen.”
Iati said that, if Samoan authorities were correct, then “this is a huge international incident and has huge implications for Samoa”.
He said the relationship between Samoa and New Zealand would be “pretty rocky” at the moment.
“The Samoan people need to get a fair hearing on this, they need to get to know what the truth is – and for New Zealand, it needs to preserve its credibility as an honest broker in the region,” Iati continued.
“For a whole host of reasons, you need an international, independent inquiry.”
The incident would significantly impact people in Samoa’s livelihoods, he said.
Economic remuneration for people in the affected region is “really the next step”, he added.
“How that’s determined, I don’t think it should be New Zealand that should determine that.
“It should be some international independent inquiry that should have a look at what the costs have been for the country.”
Iati said any international investigation should begin as soon as possible.
“New Zealand is already in there and I think they have every right to conduct their own investigation, but as I said, for their credibility as an honest broker, you need an international team in there straight away.
“There are a number of regional organisations that Samoa could turn to, and then beyond that, obviously you have the United Nations.
“They should get in there straight away to find out what the facts are,” he said.
In terms of an apology or reparations, Luxon said he’d spoken to the Samoan Prime Minister and conveyed “very much that we are sorry for what is an incredibly unfortunate accident”.
He said New Zealand was working with Samoa to do everything that could be done now to mitigate impacts on the environment and other considerations would be looked at in due course.
‘Potential to significantly strain relations’
Professor Paul Myburgh from the Auckland University of Technology’s law school has commented on the situation.
“Because the HMNZS Manawanui was a naval vessel engaged in governmental as opposed to commercial activity … it is the NZDF that will hold a Court of Inquiry to determine the causes of the grounding and any legal liability (whether under military or civil law) arising from the incident,” he said.
“Samoa might also decide to investigate the incident as it occurred within its territorial waters and any resulting pollution might have a major impact on the environment and local peoples’ livelihoods,” he continued.
“It is likely that Samoa would have to commission overseas experts to fly to Samoa to investigate on behalf of the Samoan Government, given the lack of local resources and expertise.”
Myburgh said that, because the Navy vessel was engaged in government activity, it was subject to the doctrine of sovereign/State immunity.
“This means that the ship … is not subject to normal maritime legal process or enforcement of maritime claims. Any salvage, cleanup operations, or compensation for pollution are therefore likely to be primarily dealt with by inter-governmental and diplomatic negotiations and arrangements.
“Affected locals have expressed their dissatisfaction with the speed and effectiveness of the responses of both the Samoan and NZ governments. Unless the NZ government acts swiftly and decisively to eliminate, or at least mitigate, marine pollution caused by the wreck, this incident has the potential to significantly strain relations between the two countries.”