Pitcairn law in the United States

The Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand concerning Trials under Pitcairn Law in New Zealand and Related Matters was signed by the New Zealand Minister of Foreign Affairs and Trade (also the Justice Minister) and the British High Commissioner to New Zealand on 11 October 2002. Its principal purpose is to provide a mechanism whereby any trials relating to allegations of sexual abuse of minors on Pitcairn could be held under Pitcairn law in New Zealand.

The Agreement includes provisions enabling a Pitcairn court to sit effectively in New Zealand, for relevant immunities and indemnities, provision in respect of witnesses and the accused, entry and exit into the host country, costs, enforcement of sentences and related matters. It paves the way for enabling legislation to be considered by the New Zealand Parliament.

Following an initial complaint in December 1999, police investigations have revealed possible systematic and endemic abuse of minors within the Pitcairn community (population 49). Case files were given to the Pitcairn Public Prosecutor (PPP) in May 2001 for consideration. Ministers decided at the outset that the full legal process should be followed rather than a ‘truth and reconciliation’ style solution or a general amnesty. The logistics for holding a trial(s) on Pitcairn are almost insuperable. A recent construction programme on the island will provide facilities for those aspects of the legal process which should in any case take place there. However there is insufficient accommodation on the island to cope with the influx of personnel required should trials take place there. There is also the problem of access. There is no airstrip or proper harbour and the container ships which provided the main means of access to the island ceased calling there in January 2003. The quarterly supply ship will still run but these do not have facilities for carrying passengers. For logistical reasons therefore, we believe New Zealand is the only realistic venue to hold any trials. Most Pitcairn Islanders hold dual British/New Zealand nationality (all Pitcairn children are born in New Zealand); the majority of the victims and some of the alleged offenders reside in New Zealand; all of the key legal and administrative personnel are there. The Agreement and subsequent legislation will provide an alternative venue for Pitcairn trials. It will be for the Governor, acting on advice from the Chief Justice, to grant permission for trials to be held in New Zealand.

Consideration has also been given to the future of Pitcairn. The United Kingdom is committed to Pitcairn’s long term future under the framework of the Overseas Territories White Paper. An FCO Governor’s Representative arrived on the island in 2003. The Governor’s Representative will become an additional link (along with the Commissioner based in Auckland) between the island and the Governor’s Office and is in response to earlier requests from the island council that someone be permanently stationed on the island.

A conservative estimate of the cost of holding trials on Pitcairn is in excess of £4million. Although not the main consideration for holding trials in New Zealand (see above), it is expected that the cost of trials would be much reduced if they were held in New Zealand. A conservative estimate in that case would be £2.5million.

Regarding the implementation of this agreement, the Pitcairn (Amendment) Order 2002 (S.I. 2002/2638) further extended the power of the Governor to direct that a Pitcairn Court may sit outside Pitcairn or the United Kingdom. Some aspects of the Agreement may be the subject of local Pitcairn Ordinances.