Territorial Application - Tokelau

Tokelau is still a dependent territory of New Zealand. As such, any binding multilateral treaty action by New Zealand will also apply to Tokelau, unless specified otherwise.

All Cabinet papers proposing binding treaty action in relation to multilateral treaties should indicate whether or not Tokelau has been consulted, and whether or not it is intended that the treaty action will apply to Tokelau. Departments should allow sufficient time for Tokelau to be consulted when negotiating multilateral treaties. If it is not possible to conclude consultation before binding treaty action is taken, Tokelau should not be included, but its right to be included in the future should be preserved. Papers should include a recommendation noting this information.

Departments should consult with the Treaty Officer at the Ministry of Foreign Affairs and Trade on matters concerning Tokelau. The Treaty Officer coordinates consultation with Tokelau.

With bilateral treaties, Tokelau is presumed not to be bound unless explicitly included. Consultation is not required unless there is a particular reason.