incorporating

SPECIAL ISSUE:

DEEPFREEZE
DOCUMENTS REVEAL
AMERICAN/NEW ZEALAND
SOVEREIGNTY STRUGGLE
ATHAREWOOD

Thi s issue o f 'Peac e Researcher' co ntains a sing le a rtic le written by Mu rray

Ho rto n o f the Chri stc hu rc h Anti-Ba ses Ca mpaign. I t i s a first look a t a saga o f
drug smugg li ng a nd the resulti ng po wer po li tic s revo lv ing a round the American
milita ry a nd New Z ea la nd C usto ms at Opera tio n Deep F reez e between 1981 a nd
1985. As yo u wi ll see, the refere nc es a re extensiv e, ba sed on doc uments tha t a re
a uthentic but who se so urc es ca nno t be rev ea led a t this time. An a rtic le ba sed on
simi la r ma teria l a ppea red rec ently in the 'Listener' a s a co ver sto ry
(13-19 Nov ember 1989) .

. Th is i s the first o f series o f a rtic les tha t will a ppea r fro m time to time i n ' Peace
Resea rc her' on the subj ec t of the da rk side of Opera tion Deep F reeze.
2

CURIOUS CUSTOMS

by Murray Horton

The United States military base at Christchurch International Airport (Harewood suburb) is
unique in a number of ways. It is the only bona fide foreign military base in New Zealand (as opposed
to a number of specialist installations, past and present). From the outset it has enjoyed semi-diplomatic
status ("sovereign immunity" is the phrase that is repeatedly cited by US authorities, at all levels). 11
also offers its staff exclusive dUly-free drinking and shopping facilities that are common in military
bases worldwide, plus various other duty-free privileges involving the right to import cars and other
expensive goods. No other foreign government operates a military base or any other sovereign entity in
NZ (apart from embassies, obviously), let alone a complex of bars, shops, and importing perks.

The principal NZ government department dealing with the US base, and all aspects of its
sovereign immunity, is Customs (there are several other departmems with jurisdiction over various area"
of the bases'8 activities, with Agriculture and Fisheries being prominent). Customs has, of necessity,
been involved with Harewood since the base opened in the late 1950s.

It would be fair to describe the Customs/Deep Freeze relationship throughout the 60s and 70s as
essentially routine. There were disagreements over details of what categories of Americans were
entitled to the PX and bar facilities, for exaruple. But these arc the sort of everyday matters that would
be expected with a foreign sovereign entity operating in NZ.

However, the multifaceted dispute that arose between Customs and the US military in the early
1980s was far from routine, and provides the clearest possible exaruple to date of a serious dispute
involving sovereignty between the US and NZ.

Although the various facets were running simultaneously, it is less confusing to consider them
separately. Let's start with the onc that involved repeated breaches of NZ criminal law.

DRUGS

Since the Viet Nam war, the US military has been universally synonymous with drugs of all sorts,
a microcosm of a drugged out [JS society generally. Christchurch fortunately never suffered from any
-

influx of hard drugs attributable 10 its US base, and indeed, apart from anecdotal evidence, there is no
proof that any more drugs of any sort cntered Cllristchurch from Harewood (Operation Deep Freeze)
than from any other source.

The dispute that raged furiously between Customs and Deep Freeze between 1981 and 1985
involved soft drugs primarily intended for their importers' own use.

From the late 70s the US military was aware of the narcotics problem within its own ranks, and in
1977 rook detailed steps to set up its own Military Customs Inspection prograrume for all US military
aircraft transiting Harewood, bound for either Antarctica or Australia. I The problem of importing
illegal narcotics certainiy extended back beyond that The increased civilianization of Deep Freeze from
the early 70s brought whole new categories of civilian employees of contractors. who were equally
partial to a bit of recreational dope smuggling. This was the subject of a November 1973 Confidential
message from the US Embassy in Wellington to head office in the Stale Department in Washington.
2
DC [t spelt out precisely (aDd in somewhat abbreviated language as the reader will no doubt notice in
the following quote and in numerous subsequent quotes) that the Embassy's interpretation of the original
Memorandum of Understanding (MOU) provided immunity from NZ legal processes to US military
personnel only.

"While GNZ (Government of NZ) likely adopt benevolent attitude with regard minor
infractions of law, MF A (Ministry of Foreign Affairs) indicates that more serious
 o
,)

infractions could not be allowed to go unpunished and would be subject to NZ court

action. There would be no possibility offender being turned over to US jurisdiction.
Degree of assistance Embassy could provide Deep Freeze civilian arrested by GNZ
would thus be extremely limited. Of particular concern to Embassy is possibility that
GNZ will arrest civilian bringing drugs into country. Importation of drugs, including
marijuana, subject to sentences up to 14 years. Despite numerous warnings to incoming
personnel there were two cases in October (one Navy, one civilian») of individuals
apprehended by Customs for drug law infractions. Civilian was in possession of pipe
containing trace of cannabis. Following discussions with US authorities GNZ agreed
take no action if individual returned to US on first available flight. Navy EM (enlisted
man) arrested by Customs following discovery 5.5 grams cannabis in his baggage. GNZ
accepted US military jurisdiction only after Embassy intervention at Ministerial level. In
light of these cases, and given M FA interpretation MOU, we believe Deep Freeze
civilians found carrying drugs while transiting NZ f a c e strong possibility o f
imprisonment and subsequent deportation. ,,2

"Request (State) Department insure the NSF (National Science Foundation) briefings to
Antarctic bound personnel continue stress in strongest terms sensitivity of GNZ to drugs.
It s h ou l d be emphasized that planes and passengers are, more often than not,
methodically searched by extremely thorough NZ Customs officials and USG (US
Government) ability provide assistance to arrested civilians very limited, 2
,,

The inevitable happened, and on 1 7 December 1980 US Navy man Wayne L. Zaranka pleaded
guilty in the Christehurch High Court to possession of cannabis leaf and possession of hashish for
supply, He was sentenced to 18 months in an NZ prison having "executed a written incriminatory
statement". The unfortunate Zaranka was busted by NZ cops on 10 November, held in US military
custody for 2 days, turned over to NZ civilian authorities, and was doing his time in Paparua Prison with
a week,

"NZ authorities appear to have good informant operating in area. Police intelligence
believe some drugs are entering NZ through US maiL. Feel with the seriousness of AE2
Z a r anka's offense that Operation Deep Freeze must present itself as being fully
cooperative in efforts to stop further drug flow but at the same time conform to our US
legal requlrements ,,,2
..

As always, the US military was mindful of local media coverage. "Local press has covered the
incident since the time of Zaranka' s apprehension. Coverage has been normal, relative to local drug
3
cases". It was at this time that Customs and NZ Police started taking a much keener interest in mail
arriving from the US, and US mail in transit to Antarctica. Sniffer dogs pounced on two packages on
their first visit, but US authorities would not allow them to be opened by New Zealanders, opting for
4
"controlled delivery" instead

Customs really put the heat on in the winter of 1981. In a May 1985 letter to Citizens for the
Demilitarisation of Harewood (CDH), Customs stated: "As regards your question 1, 'Why did NZ
Customs decide to launch a concerted narcotics surveillance at Operation Deep Freeze in 198 1?', In the
course o f the revenue enquiries outlined above it was established that one of the methods whereby
importations could escape usual Customs checks was by use of the US Navy Base mail. This mail is
imported directly by the US authorities and is not consigned through the NZ Post Office. The
depanment therefore instituted an intensive examination programme of this mail and detected numerous
importations of controlled drugs. As the quantities of drugs were sufficient to warran t charges under the
Misuse of Drugs Act 1975, the department, in conjunction with the Police, took steps to prosecute any of
those persons returning to or through NZ", 5

On 15 July 1981, Customs phoned the base to discuss five separate areas of "concern over
violations of privileges". One of those was drugs coming through the maiL On 12 August. Kevin
Knowles, for the Collector of Customs, wrote to Trevor Grice, Executive Administrator for NZ Affairs.
This detailed letter started the ball rolling in all the areas that became bones of contention between NZ
Customs and the US military. "Again, in connection with the Post Office at the base, it has been of
4
some concern to this Department that drugs are entering New Zealand through the mail and reaching the
streets of Christchurch, This is a maner, along with several others. which I consider should be taken up
at some date in the near future with a view to our Department taking a greater enforcement role, ,,6 On
20 August. Customs met US officials at the base, to discuss all areas of concern, Present were Captain J.
Pearigen. Commander Chrans, Commander Jones, Trevor Orice, Brian Ford (senior enforcement officer,
Customs) representing the Collector, Kevin Knowles (commercial and courts investigator. Customs),
and John Anderson (drugs enforcement officer, Customs),6 A NA VSUPPFORANTARCTrCA message
to CINCPACFLT (Commander in Chief, Pacific Fleet), Pearl Harbor, Hawaii. reported the outcome:

"In a meeting in Christchurch NZ on 20 August J 981, NZ Customs officials advised

CNFSA (Commander Naval Support Force Antarctica) and OlC DET (Officer in Charge,
Detachment) Christchurch that in the future all incoming unofficial US mail will be
examined/inspected b y NZ Customs personnel and narcotic interdiction team dogs in
order t o suppress incoming drug traffic and/or other contraband", While efforts to
eliminate incoming contraband is [sic] fully concurred with and supported, it appears
procedures as outlined are contrary to US, as well as international, postal regulations and
agreements, These concerns, as well as a request to hold inspections in abeyance until
resolution by higher authority, have been expressed to NZ Customs officers, However, il
is evident they are intent on implementing these practices at the earliest. In order to avoid
possible violations of postal regulations it is requested that this matter be reviewed and
that the government of NZ. through the American Embassy, be asked to reconsider
implementation of mail inspection policies," 7

The US military resolved from the outset to "passively resist" its mail being inspected by NZ
Customs, On 2 8 August. Captain Pearigen wrote to Customs:

"Based on our perception of international agreements governing the handling of US mail.

this command has passively resisted mail interdiction by NZ Customs enforcement
officials, However, except to advise the US Embassy (Wellington) of possible breaches
o f i n t e rnational law, this command h a s n o t attempted to prevent NZ Customs
enforcement officials from bonding mail for subsequent inspection, Any such inspection,
however. has not and will not involve any participation by US Naval postal personnel, so
as to prevent them from becoming a party to an action which. under US postal law and
regulations. could result in a violation of such regulations, Other US mail arrives in
Christchurch via Cl41 Starlifter aircraft. C141 mail contains official registered mail
which can include highly classified documents, payroll disbursing currency for
Antarctica, mail for Australian destinations. etc, Little or no unofficial mail arrives via
C141 Starlifter aircraft destined for this activity", This command therefore requests
waiver from NZ Customs interdiction(mspection of US mail arriving via C141 aircraft.',8

The whole range of Customs investigations very rapidly levitated to the highest diplomatic leveL
The Assistant Secretary of Foreign Affairs, Cbris Beeby, asked to meet the US Embassy Deputy Chief
of Mission (DCM) on 31 August, to discuss the whole thing, "", DCM emphasized that usa wishes to
cooperate fully with Customs officials in preventing Fleet Post Office (FPO) from being used for
narcotics or contraband", Becbe [sic] said that New Zealand does not wish to make public issue of
investigation (which he said was a concern of his Minister) and agreed that Ministry of Foreign Affairs
(MFA) and Embassy would coordinate response should there be inquiry from press",',9

A further August message from Ambassador Monroe Browne to the Secretary of State detailed
that Customs had inspected one mail delivery (which, like the bulk of Harewood' s mail, arrived in
Auckland on an American commercial flight and was transhipped to Cbristchurch by Air New Zealand),

Embassy has developed very good relations wilh New Zealand narcotics authorities, and
from that standpoint as well as from standpoint of overall relationship with New Zealand
and importance of our Antarctic program, we feel strongly that we should cooperate fully
with New Zealand Customs, At the same time we need legal guidance on how to proceed
without violating US postal laws", Member of Naval Investigative Service (who
 5
happened to be in New Zealand) has been asked to attend meeting between Customs and
DET (Detachment) to take place Sept. 1. Purpose of his attendance is to obtain better
idea of law enforcement prospects should New Zealand Customs investigations result in
seizure of narcotics or contraband "
10
...

The I September meeting was a more highrnnking affair, attended by the US Embassy's Political
Attache, Linda Stiilman, Ronald Benefield of the US Naval Investigative Service, Captain Pearigen,
Commander Jones, Commander Chrans (the immediate past Officer in Charge), and Captain Dudley of
the US Air Force. Customs was represented by the same Messrs Ford, Knowles and Anderson, who had
attended the 20 August meeting, plus Bemard Keams, the Christchurch Collector of Customs.

"... The primary concern is with OFFICIAL and REGISTERED mail...Anything in the
entertainment field is not considered "OFFICIAL" and therefore should not be posted in
"OFFICIAL USE ONLY" envelopes (specific example cited: "Penthouse" magazine in
!1
OFFICIAL USE ONLY envelope). "

Customs asked about the possibility of US help in searching US mall, saying they intended to run
sniffer dogs over it.

"... Captain Dudley reiterated that the Air Force is acting strictly in a carrier capacity, and
as such can only release mail to an American citizen. NZ Customs responded by stating
that any mail landed in New Zealand is subject to NZ Customs regulations" ... "Customs
cited examples found recently on August 27th, the 'Penthouse', 26 grams of cannabis in
cinnamon orange tea and a seabag of personal effects containing 'Indecent literature,
1I
indecent articles, and one other item which Mr Ford declined to specify"'.

On 3! August, 15 grams of hashish and 16 grams of cannabis were found, plus two packets of
indecent literature. General notes include: "Reiteration of the need for confidentiality by all present". l !
The dope was going to individual civilian employees in Antarctica. Customs agreed to make their
names available to the Command.

l
Ambassador Browne's report 2 to the Secretary of State concluded: "Finally of grave concern is
the narcotics issue. Two out of four mail deliveries inspected have contained narcotics. Ambassador
will address this issue in separate message, but suffice to say, seizures must be met with quick responses
by USG. Whether military or civilian, in New Zealand or the Antarctic, personnel who use narcotics
simply cannot be allowed to jeopardize relations we have with New Zealand in support of Antarctic
research" .

The Navy started drawing up plans to set up a secure area for holding and inspecting incoming
and transit mail, plus gening CINCPAC guidance on cooperation with NZ Customs searches. Tension
between the two sides was evident from the outset. Brian Ford, NZ Customs, in thanking Trevor Grice
(NZ Affairs, US Naval Support Force) for the minutes of that 1 September meeting, wrote: "In
accepting the notes I would make the comment that they are not an accurate record of what was said at
the meeting but more of a precis of the meeting. The notes also contain some errors (e.g., discussion on
possible Court action oniy applied to Mr Knowles' brief), but however I am sure all who attended the
meeting are quite clear on what was decided there".13

Another Deep Freeze cable to CINCPAC specifies areas of cooperation with Customs (e.g., plans
for the bond store): "In summary subject inspection has been kept low key and conducted in a
cooperative spirit... We have established good relations with Customs officials and it is felt we will
benefit substantially from their efforts to assist us establish and implement l roper controls to ensure
Base activities do not violate NZ Customs and Immigration regulations".1

The Navy tightened up its mail system in other areas too - in July it warned military retirees
living in New Zealand that " ...one or two authorized users... " were knowingly violating their use of the
system, and were "persistently" abusing this postal privilege, and would lead to a loss of privileges. 15
The point was reiterated in a 17 September letter from the mc, USNAVSUPFORANTARCfICA on
6
"abuse of the military postal system".1
6
Limits to cooperation were quickly established. Inspection by sniffer dogs was scrapped because
"Department of the Army considered this type of inspection illegal under the provisions of US postal
regulations. The continued use of the dnlg interQiction teams is supported but the legality of these
procedures as well as the legality of evidence seized through these methods must be thoroughly
18
examined". The cable pointed out that the dope seized was going to civilians over whom the Navy
had no legal jurisdiction. "The employer in the past has not been reluctant to terminate the emplo ment
r
of identified drug users but he must also consider the legality of methods used to seize evidence." 7

Customs was hanging tough. The Collector wrote to 0lC: "Your Post Office at Christchurch
does NOT qualify as a Customs Examining Place and accordingly is not recognised for the handling of
18
goods under NZ Customs Control", The Navy therefore submitted detailed plans for a separate mail
bond area, in response to detailed speCifications imposed by Customs.

This was not being well received in the ranks. The postal officer wrote to Trevor Orice: "I wa�
asked for m y comments on attached decree. I ardently object to the tone of the subject decree. I believe
that this command must maintain its dignity and self respect. We cannot do this while being dictated to
in such a rude and highhanded manner,.. Yet, the attitude of New Zealand Customs continues to be
lordly, overbearing, aod arrogant... My dignity and self respect are more important to me that my
19 But illlernationallaw supported Customs, and the Air Force Judge Advocate 20
mail... , advised OIC
that the Universal Postal Convention obliged all signatories to stamp out drugs being sent in the mail;
that NZ law covered all mail entering or trnnsiting NZ; that NZ law meant suspects could not refuse to
answer questions prior to being charged; and reminded orc of NZ laws relating to threatening or
assaulting Customs officials.

By 4 October, US military personnel and 14 US civilians had been identified by Customs as

importers of drugs 1 A further Deep Freeze Customs meeting was held on 28 October, to discuss
2

progress in the mail bond area, Complaints were coming in from the lee: "".The inspection of first
class mail i s viewed as an extreme invasion of privacy .., In addition the NZ Agriculture Department [sic]
has gotten into the act and are confiscating in-transit goods (i.e., sausages, some dairy products, elc).
The logic becomes unbelievable when people on the ice are given the alternative (by the NZ Department
of Agriculture) [sic] of permitting the NZ authorities to destroy the item or returning it to the sender at
22
the expense of the addressee". That letter listed 18 instances of mail bcing opened and items being
damaged or confiscated.

Customs was picking up more routine smuggling as well. On 21 August a rummage of US Navy
Hercules XDO-J revealed stereo equipment in the survival gear, "On discovering the stereo unit I
questioned the Load Master regarding its ownerShip, Q: Would you use all the items in this kit for
survival in the event of a crash? A: Yes. Q: There appears to be some equipment missing then. A:
What's that? Q: The cassettes for the stereo. A: What stereo? What motherfucker put that in there? If!
23
find out who it was I'll bum his butt,, The stereo was found to belong to Anton Inderbitzen, a Navy
man. It had been packed into the plane by a fellow Navy man (who had previously come to the notice of
24
Customs for importing cannabis through the mail) No action was taken against the latter beyond
identifying him to the 01C, but a formal seizure notice was taken out against lnderbitzen (Le., the stereo
gear was forfeit to the Crown).
that Inderbitzen was discharged in Conus (Continental US)from USN. Whereabouts unknown - he was
25
never masted. I then advised NZC ID dispose of gear and consider the matter closed" By early 1988
Mr lnderbitzen's whereabouts were known ". he had joined the civilian side of Operation Deep Freeze.
In an official letter from him to Citizens for the Demilitarisation of Harewood in 1988, his title was
"Head of the Antarctic Staff, Division of Polar Programs, National Science Foundation",

By this stage the Navy was making its own inquiries. In November the CINCPACFLT
CustomslPostal Officer, G.N, Hough, visited Deep Freeze to look into the whole business of mail.
Customs allowed him to visit the bonded area and observe a postal interdiction. Customs stressed that
".e. the visit should not be scen as an opportunity to criticise the NZ Customs officers on the scene, but
26
constructive comments subsequently to the senior Customs official are acceptable" The
"cooperative spirit" however, cut no ice on the Ice, On 19 November, 'The Press' reported that 64
Americans in Antarctica had signed a letter to it strenuously objecting to their mail being searched in
Christchurch.
I
,'I'bi; language was blunt:
7

I
" ... N e w Ze�land Customs and postal authorities have systematically opened, read,
fondled, confiscated - and sometimes damaged - select pieces of Antarctic-bound mail.
All classes of posted goods are liable to the abusive treatment; homebaked cakes,
undergannents, love letters and even feminine hygiene products... the government of New
Zealand treats all of us as if we were certified felons unfettered by scruples of law... Why
Kiwi authorities persist with their punitive pranks is also unknown (perhaps the ultra­
conservative administration of our own government has coerced or cajoled New Zealand
to abridge our rights for its own nefarious purposes). But whatever the cause or rational,
the outcome is certain and tragic: hundredS of innocent and otherwise friendly Americans
will long harbor deep and bitter memories of the nation that so callously abused their
property and so senselessly aggravared their Antarctic ordeal. ,,27

That same day, Hugb Templeton. Minister of Customs. released a statement saying there was no
justification for any criticism of NZ Customs, Damage control swung into action at the Embassy, and
swiftly went to the lOp. Secretary of State Alexander Haig cabled the full text of the letter to ClNCPAC.
The Embassy contacted NSF's representative in Antarctica, who was currently in Christchurch.

"(NSF rep) Bresnehan said that aside from the few people who know they are guilty,
there is genuine irtitation among people on the Ice that their mail is being inspected. He
said that if letter had been less argumentative, it would have had many more signatures...
At his request, we have furnished Foreign Secretary Nortish copy of letter. On learning
of its existence from Embassy late yesterday he had briefed Foreign Minister Talboys.
Norrish told us today that Talboys in turn felt it necessary to brief the Prime Minister.
MFA is concerned that publication of the letter might force PM to comment if asked
about it... ,,2 8

Deep Freeze prepared a draft list of Questions and Answers that might be likely to be posed, and
asked what the Embassy thougbt of them. The US military was figbting back. The US Air Force issued
guidelines to Military Airlift Command (MAC) commanders at Ricbmond RAAF base (Australia) and
Christchurch, concerning searches of USAF aircraft

"US policy is to assert that our aircraft, when cleared to land on foreign soil, are
sovereigo instrumentalities of the United States. The interiors of these aircraft therefore
are immune from inspections, by the host nations' authorities. Accordingly MAC
aircrews will not authorize a search or inspection of our aircraft except by direction of
HQ USAF or the American Embassy in the country concerned. 29 ..

It laid out steps for aircrew to follow, e.g" "Delay the search!mspection while seeking
assistance/support from higber officials or the US Embassy". 29

On 23 November, Trevor Grlce wrote a protest letter to Brian Ford complaining that Customs
had, on 20 November, opened official registered mail, one package of whlch contained US$1400 worth
of US postage stamps. "Since registered official mail can contain classified documents I am sure you
30
can understand Commander lones' very real concern over this matter.', But things were gOing from
bad to worse for Deep Freeze. By November, Customs had made 40 drug interceptions, involving 7
military persolll1el and 2 8 US civilians. On 20 November (a very busy day, obviously) Deep Freeze had
received its first ever written complain! from the Ministry of Agriculture and Fisheries whlch had
intercepted 3 1 illegal entries of meat and animal products. Customs had even discovered vials labelled
31
"radioactive" in the mail

The discontent on the Ice moved from the NZ to the US media. On 27 November, the 'New York
Times' ran a story from McMurdo entitled "Drugs are an issue at the South Pole. New Zealand enrages
the US by intercepting packages in drive on marijuana". The Embassy decided it didn't want a public
furore, and rejected the proposed Q & A format proposed by Deep Freeze. "Further, it is our experience
8
that once any set of Q's and A's are agreied to, they often find their wa 2: out to the press quite quickly,
3
which we believe would be highiy undesirable at this time. Browne .,,

CINCPAC was concemed about NZ Customs setting a precedent. "Aside from the possible
adverse impact on the Antarctic the situation in New Zealand may have far reaching
implications, particularly with to by host nation customs officials at other military
post offices within the Pacific theateL felt it necessary ID reassure Jones: "Ambassador
passes on kudos for you and the way you have handled subj. situation, particularly in view of so many
issues surrounding the situation. 1 second his compliments. With the Customs problems there and
recent incidents here, ! can onIy say the season has to get better for the both of us". 34

The NZ media was solidly in support of Customs. The 'Chrislchurch Star' had given the story
frontpage lead status, plus Customs (as did the 'New Zealand Herald' and the
'Evening Post'), "At the same time as these articles have appeared, New Zealand media outlets have
continued to carry reports about civil court jail sentences for drug offences given to three
members of the New Zealand based in Singapore, 35 Customs apologised to Deep
,,

Freeze for openIng the official mail containing the stamps (see ref 30), but by now individual Americans
were complaining that their mail was in Christchurch and the contents damaged. At the
official level, the US postal ofilccr was still CO!'l laining, listing one prohlem as being: "Customs
tl'
officials still don't know what are ,3 Americans were complaining to their Senators37, and
OIC Jones was complaining to Customs. Specifically he complained of the Customs treatment of three
packages en route 10 Merrianne Bell in Antarctica. some delay" ,..at 2 pm on 14 December 1981, a
New Zealand Post Office van literally dumped a bag containing the subject parcels at the US Navy Post
Office ramp deck". All had been opened and not resealed. ". , . 1 consider this
unprofessional and irresponsible treatment of US Mail to be a serious infracticln of NZ Customs and
Postal responsibility, and the handling of the entire matter". 38

Effons continued at levels to sort it out. On 15 December. Assistant Secretary of Foreign

Affairs, Chris Beeby, asked the D'Affaires at the Embassy to call at the Ministry to receive an
aide memoire, replying to an Embassy one of 8 December.

"Beeby described aide memoire as fairly stiff, but said that ONZ was only replying in
kind .. , Beeby then that inspection issue could be settled amicably. He
noted that he had briefed new Foreign Minister Cooper on question this morning, Cooper
had approved aide memoire but then instructed Beeby 'don't let this thing escalate',
Beeby told Charge he had Minister that MFA and Embassy were working on
this i s s u e in a very cooperative He felt that Customs would prefer second
procedure, Le., search of by US official at Harewood and certification by officials
aircraft was clean, .. Hc asked if we would have any objection to formalizing procedure in
writing in form of letter of replied he thought not but that because
of USAF's worldwide mission and need to be sensitive to precedential aspect, we would
seek Department's guidance.

" ...Charge indicated that while not wishing to create an issue was of the view
that any boarding of aircraft by host country officials violated its immunity, Beeby said
that a s a lawyer he could understand t h i s but h e asked Charge t o impress upon
Depanment unique statns agricultural inspection enjoys in a country totally dependent
upon a gricultu ral exports and which is free of pests and animal diseases prevalent
e ls e w here. Bccby noted that of all departments in government the Ministry of
Agriculture and is mo st diftlcult to deal wilh when it feels that New Zealand's
interests might be Our understanding is that presently agricultural
inspectors board USAI' Indeed inspectors board all aircraft. Most
recently we recall '5 aircraft was sprayed as well as aircraft carrying Speaker
O'Neill and Zablocki. We would urge that Department be espeeially sensitive
to ONZ views on lhis and very carefully before we request adjustments
in procedure, which, while tcclmically al Valiance with our concept of immunity,
h
ImmUnllY." ,,3
.9
.

does not adversely 1",IS

�
. �
 The Air Force was having none of this. A December cable from COMASWINPAC, San Diego,
to Antarctic Devron Six Squadron. Cinistchurch (the Ski-Hercules squadron), reiterated that worldwide
the US Government did not permit its military aircraft to be boarded. nor did it seek to board foreign
military planes landing in the States. "Any deviation from the above guideline establishes a serious
precedent that could affect the free movement of US military aircraft. In light of this, HQ MAC plans to
brief their aircrews, emphasizing the policy that aircraft commanders should deny access to anyone
attempting to board for the purpose of inspection. ,,40

Alexander Haig suggested a draft letter to the NZ Government specifying a procedure whereby
US officials searched arriving planes and certified to NZ Customs that they were clean. He also
suggested that US officials perform the agricultural inspection and spraying.41

A 31 December coordinated State, DoD and NSF cable to the US Embassy42 covered the whole
gamut of problems. "... NZC inspection of Official USG mail. Seizure and inspection of US official
mail by GNZ authorities is expressly barred by agreement with GNZ." It cites a confidential exchange
of notes of 24 December 1958 re Harewood,43 and a 9 July 1968 confidential exchange of notes on Mt
John. "Both provide as follows: 'As a matter of international courtesy, the New Zealand authorities will
exempt from inspection, search or seizure United States Government property including official mail
and documents, entering, located in or leaving New Zealand in connection with the program'. Embassy
is requested to vigorously protest to GNZ any seizure and inspection of official USG mail. Department
understands that USG and GNZ may differ on what constitutes official mall.. .',42 The cable accepts that
FPO transit mail is not exempt from Customs inspection under the Universal Postal Convention "...and
thus the USG may not be able to argue as a matter of absolute right that FPO mail is entitled to freedom
of transit under Article One of that Convention". It pointed out Defense was trying to get US postal
laws amended so that it could search its own mail for dope. When that happened, the US government
2
would ask NZ Customs to cease searching transit mail to Antarctlca.4

By January 1982 there had been 56 dope interceptions, involving 12 military personnel and 25
civilians. On 22 December the on-base mail bonding facility had opened. "indications are now that
NZC has reverted to random inspections of FPO mail. While bulk of Xmas mail plus austere holiday
staffin g conditions may have forced reduced inspections, local NZC officials have indicated that random
checks were inevitable as positive drug interceptions decreased.,,44

On 6 January 1982 the Embassy's DCM (Deputy Chief of Mission) called on Beeby at Foreign
Affairs. They discussed the procedure for NZ inspection of US aircraft.

"Beeby feels s-trongly that Customs will insist that the inspection be conducted by a
commissioned officer who is not part of the aircraft crew preferably an officer from the
,
base at Harewood.

"...When DCM raised question of agriculture inspection and spraying, Beeby figuratively
threw up his hands and asked DCM not to proceed further at this juncture. He said he has
not raised issue of agriculture inspection with MAF since this would stir up a hornet's
nest. Beeby pointed out that New Zealand is uniquely dependent on agriculture for it
survival and was also uniquely blessed in not being subject to various agricultural pests
and diseases endemic in other parts of the world. He noted, for example, that when
Queen visited New Zealand, agriculture officials came on board to spray aircraft. Queen
waited quietly while they did so ... As Beeby indicated even Queen's aircraft is not
immune to such procedure. While we fully understand stricture that malntenance of
prinCiple more important than temporary expedience [sic] we strongly recommend that
(State) Department and DoD consult on alternative means of accomodating GNZ interests
to USG policy. Browne:45

The extraordinary sensitivity of this discussion is underlined by its official description: "DCM
promised to report this non-conversation".46 A separate and longer Embassy cable reporting the same
meeting gives more details, at the same level of sensitivity: "DCM left Beeby non-papers which
incorporated guidance on specific issues". 46 These non-conversations and non-papers were presented at
10
something of a non-meeting. "Beeby, who had just retu lri(d from Christmas holiday, and alone in the
offiee... 46
.

,,

"Beeby fully accepts our view that there should be no inspection or seizure of US official
mail. In point of fact, we have letter of apology from local Collector of Customs in
Christchurch coneerning interference with official mail in November.

" ... Summer vacation time is clearly not optimum lime for solving these contentious
questions expeditiously, but as reported previously Minister Cooper has told MFA to
settle matter and we understand that PM Muldoon wants questions solved.,4
, 6

But contentious matters were far from being settled expeditiously. On 12 January, W.L. Sceats,
Christchurch Collector, wrote to Commander Jones, rejecting complaints about mail being damaged
(Jones had officially complained on 18 December): "The conclusion I draw from this action and the
tone of your letter is that you now wish to maintain communications between this office and your
organisation on a strictly formal basis !, therefore, must express my disappointment that the previously
...

excellent cooperative effort has now reached a strictly fonnal level. 47,,

The Air Force was its instructions to aircrew to resist inspection of USAF aircraft: "It
is US policy to assert that military aircraft are entitled to the privileges and immunities which
customarily are accorded warships". "If foreign officials refuse to desist in their search request, pending
notification to USAF HQ and the appropriate Embassy by the aircraft commander, the ale should
indicate that he would prefer to fiy the aircraft elsewhere roviding fuel and mechanical considerations
�
permit a safe departure) and request permission to do so." 8 If the foreign officials foree their way
onboard, no physical resistance should be offered, but a complaint be promptly made to the US
8
Embassy4

Drug cases statted coming up in the Christchurch courts. On 18 January, Petty Offieer Third
Class James Lee Lemond was convicted and fined $250 for importing cannabis into NZ. "Request for
waiver of foreign criminal jurisdiction deuled by NZ Ministty of Foreign Affairs on 14 Jan 82. ,4
,
Several other Americans were questioned at Christchurch Airport upon their return from the Ice, but
most were released without charge, after refusing to answer questions. But a much more serious drug
smuggling avenue was uncovered. On 22 January a flight crew member mistakenly handed to NZC an
official "US Government" envelope. When opened, it implicated a US Military Customs Inspector
(MCI) as a dope smuggler himself. Reaction was instant: "...relieved of duties as Military Customs
Inspector due to suspicion of trafficking controlled substances via guard mail". 50

" ... In discussion w i t h Commander afternoon January 22, DCM emphasized h o w

extremely embarrassing charges against Military Customs Inspector were. While w e were
being i nstructed by Department, DoD and NSF and USAF to make strong pitch on
sovereign instrumentality, inviolability of official mail, etc., and obtain agreement that
usa officials should under take searches of planes, mail, etc., an individual specifically
designated by the Navy as a Military Customs Inspector may be drug supplier and using
official mail as a vehicle. DCM impressed on Deep Freeze Commander need to limit
publicity on this incident.. Needless to say, this latest incident does not enhance our
overall credibility and may complicate the task of persuading GNZ that US officials
should have sole responsibility for Customs inspection of US aircraft, etc. Browne.,,51

By this stage, the US was having to reassure Foreign Affairs that US officials were, in fact,
cooperating with Customs, and not advising suspected Americans not to cooperate with NZC upon
return to Christchurch. This suspicion was fuelled by the US military trying to have a representative of
the Fleet Judge Advocate (FIA) present when suspects were questioned, or by ttying to get arrested
Americans transfen'ed into US This situation arose on 5 February with the arrest of a civilian.
"Contrary to past policy, NZ Customs now indicates taking more of a 'hardline' approach re
2 That same day, Collector Seeals wrote to Commander Jones requesting aceess to US
prosecutions.,,5
personnel records and files to secure handwriting samples to assist in bringing charges of importing
drugs in the mai1.54 "To date, these interviews (with the exception of James Le Monds, In) have failed
 I
to disclose sufficient evidence to charge any persl)n with respect of the offences and it is unlikely that
11

53
any relevant admissions will be made by the persbns still to be interviewed.,, This request for NZC
access to USN files led to a flurry of cable traffic, examining the Privacy Act, and other statutes.
"Proper determination of this issue has seriou� Ie)gal and political implications. This Command desires
to cooperate fully with NZ Customs but does not wish to compromise either an individual's rights or US
Government reguIations.,,

U S diplomats went back to see Becby, and MFA legal division chief Bill Mansfield on 10
February. In relation to NZC access to USN files: "Becby responded that while he was hopeful USG
could cooperate, he would understand a refusal based on prohibitions of US law. He said that GNZ
would be prepared to obtain court order if necessary.,
official mail were discussed, as was the_question of inspecting USAF aircraft. Beeby still expected "stiff
5)
resistance" from MAF over the latter

Court cases were going through the system. Comic relief was provided by that of Philip
Valentine Colbert. He claimed that the parcel of dope that turned up for him was all a mistake - he wa,
actually expecting camomile tea, and that "weed" and "peasant's deli ht" were terms for tea. The judge
\l
6
said: "My comment is, what an effort for a cup or some cups of tea". Nonetheless, the charge was
dismissed because the Police had not proved Colbert had the necessary criminal intent to import
cannabis into NZ, a tenet of NZ law that defeated several prosecutions arising out of drug interceptions
in Deep Freez,c transit mail,

Customs pressed on and got official search warrants to search the US Navy Support Force
57
Administration Building for "documents containing handwriting of Oifford George Thompson".
Thompson was one of those suspected of importing cannabis. On 17 February, MFA denied a request
for a waiver of foreign criminal jurisdiction. Thompson pleaded guilty, and was fined $250. The
warrant also applied to four civilians.

The USN was also fighting assaults on its sovereign immunity in another Christchurch court case,
unrelated to drug smuggling. A civil claim had been made against a helicopter in the cargo hold of the
USN's "Southern Cross", it having been rescued from the West German research research vessel
"Gotland" which sank in Antarctica in December 1981. The "Southern Cross" was prevented from
sailing from Lyttelton until the claim was heard. On 23 February, Mr Justice Hardie Boys ruled that an
NZ court had no jurisdiction to hold the ship.

Embassy Political Officer Greg Talcott met with Becby on 25 February to discuss the full range
of Customs and MA!' concerns. 1here were ,till disagreements about definitions of official mail.
"Poloff [political officer] emphasized that proviso gives Customs a blank check to open any mail
addressed to a USG official by title and indicated that proviso will in aillfkelihood be unacceptable to
US.',
that both New Zealand and Australian officials are opposed to changing the procedure for Agricultural
spraying... It is deemed to be in the interest of tile USAF to continue the past practices in relation to
agriculturai spraying of USAF aircraft in New Zealand and Australia. Therefore, as an interim
procedure and without prejudice to the final resolution of this problem, aircraft commanders should
continue the previous practices and may permit New Zealand and Australian agricultural officials on
board their aircraft to perform the disinfectant fimctions. Such officials should be accompanied by an
Air Force crew member who should assure that sprayi.J} lj does not create security problem or otherwise
adversely affect accomplishment of military mission.,,

Customs wasn't faring all that well in court. Of 41 identified suspects only four had been
prosecuted by February. All four were convicted. Lt. D. Michael Hinkley, Judge Advocate General and
office USN, summarised it thus: "I believe Customs approached the task of prosecuting these
individuals in an overly simplistic mallIler. It appeared that NZ Customs officials, when interviewing
suspects at Christchurch International Airport, expected them simply to confess, take a ride downtown to
court, plead guilty an pay a fine. When the suspects refused to 'cooperate', NZ Customs backed off in
61
90% of the cases". Hinkley quite correctly pinpointed the legal problem of proving intent to import
dope into NZ. "This element of 'intent' seems to be a requirement for successful prosecution in New
12
Zealand. and may have prompted NZ officials not to prosecute rather than b e embarrassed b y numerous
,,61
dismissals at Court.

The 6 April 1982 issue of the Federal Register listed the fact that, after three years of negotiations
between the DoD and the US Postal Service, military postal authorities had regained legal control over
all mail in the m i litary postal system, and could thus mount their own mail searches for dope. Things
had quietened down at Harewood: "New Zealand Customs continue to interdict all United States mail
even though there have been zero positive drug finds sioce late January 82. Although volume of mail
has reduced dramatically since season's end, Customs still attends all mail calls. General impressions
obtained by United States Navy staff are that Customs staff are bored and feel encumbered by fruitless
repetitive searches. They have resorted to a less aggressive mail search and most inspections are a
cursory look and random opening. For instance on J 9 May 82 eighteen bags of mail were inspected and
only five packages opened. This contrasts dramatically with opening every parcel,, 62 This same memo
concluded: "The hotter Customs issues appear to have been defused and a general atmosphere of calm
appears to prevail at the local level" ,

Manoeuvrings continued behind closed doors in Wellington. The Embassy was keeping a close
watch on the Christchurch situation, c.g., Linda Stillman, Political Attache, had requested the judge 's
decision in the Colbert dope importation case. The Navy Judge Advocate General (JAG) office in
Alexandria, Virginia, advised Commander Jones:

" Your opinion re desirability o f seeking to continue negotiations on controls in

Wellington vs local negotiations in ChCh. At first blush it appears that political level in
Wellington is the forum more protective of US interests, in light of apparent attitudes ot
ChCh Customs Collector" 63

6
On 3 1 May, Linda Stillman presented Foreign Affairs with another Embassy "non-paper". 4 It
rejected Custom ' s claim to the right to open official U S mail. "The proviso suggested by New
Zealand .. .is not acceptahle. It vitiates the basic principle of immunity of official mail agreed to by the
United States Government and New Zealand in the confidential bilateral notes. " Beeby was doing his
best for the US. On 6 August. he and MFA legal division head Bill Mansfield met the Embassy DCM.
Political Attache and Legal Officer Terry Fortune. The US view on official mail prevailed. "Fortune
then suggested, and Beeby ultimately agreed to suggest to Customs. that NZ accepted U S definition of
official mail and that appropriate US and NZ authorities work out procedures and cooperative measures
65
which would in fact insure NZ protection which the proviso was designed to provide.,, Regarding
transit mail, Fortune " ... was concerned with several instances of over-aggressive use of inspection rights
65
by NZ Customs department" . Beeby was presented with a draft note that evening, restating the US
definition of official mail, citing the 24 December 1958 confidential exchange of notes as the basis for
its exemption from NZ inspection 65

That same meeting dealt also with the question of Customs and MAP inspection of US m i litary
aircraft, and here things did not go the Embassy's way.

" B eeby stated that although NZ Customs had previously been willing to agree to
arrangement whereby they would accept certification from US official in lieu of boarding
and search, their position had hardened in recent weeks. and it was no longer certain they
would agree to such an arrangement. Beeby stated that Customs' position resulted from
perceived inequality with agriculture officials who. under arrangements proposed by the
U S , would be permitted 10 board for the purpose of spraying. Beeby stressed the
,,66
dift1culty of justifying this distinction to Customs.

The Embassy expressed "disappointment" that "GNZ retrenching in area of Customs inspection".
Because of NZ's pitch on the importance of preserving its unique exemption from agricultural diseases:

"US has agreed to deviate from its worldwide policy that military aircraft are absolutely
immune from boarding. GNZ has no unique requirements in area of Customs control
which would justify further deviation. ,, 66
 \ 13
!
The Embassy gave Beeby anoth�r draft note th!it evening proposing that for customs, a US
official would board the plane on arrival! and declare it free of contraband. For agriculture:

" ...the United States Government, c()nserrts to the boarding of US military aircraft by duly
authorized officials of the GNZ. accompanied by a US aircraft crewmember, in order to
perform necessary agricultural pest aM disease control functions. This consent is granted
on the understanding that NZ agricultural authorities will cooperate with the commanders
of US military aircraft so as to avoid breaches of military security, disruption of military
missions, and damage tu the aircraft and property on board.', 66 [emphasis added]

Christchureh Customs was determined to force the point On 25 August. Collector Sceats wrote
to Commander Jones. asking for written cOnfirmation that " ...officers from this Depattment will not be
denied access to board and inspect your aireraft. and will be perrnitted to search your aircraft and on
67
such search you will provide an officer from your command to assist the search team". Sceats cited
NZ narcotics laws. and international law, specifically the 1 9 6 1 Single Convention on Narcotic Drugs.
This Customs demand for boarding and search rights produced a flurry of memos from Deep Freeze to
the Embassy requesting urgent action. Jones replied:

The US Government has a worldwide policy which maintains that its military aircraft are
absolutely immune from boarding. I am sure that you can, therefore, appreciate that I
have no vested local authority to agree to your request on behalf of the US Government.
I h a v e , however, hand delivered a copy o f your letter request to the United States
68
Embassy for diplomatic resolution with your Ministry of Foreign Affairs ., ,

Commander lones, Lieutenant Commander McDaniel, and Trevor Gnce met Customs men Jim
Kearns, B rian Ford and Brian McRca on 8 September. US military duplicity was leading to problems
for Deep Freeze.

"Customs reaction [to the pOSition on aircraft searches] was that Deep Freeze C- 1 30
Hercules a ircraft were not military but civilian. Customs referred to August 1 9 8 1
meeting with Captain Pearigen wherein, during discussion re approved organisations,
they were told that C- 1 30 aircraft were owned by NSF. Customs stated that in view of
ownership, military security and immunity were not in question. NZ Customs agreed to
, 69
elevate question to Ministry of Foreign Affairs. ,

On official mail, Customs " ...cannot accept all franked mail because last year two pieces of
franked mail contained drugs. They reserved right of discretion to open and inspect all mail that dogs
6
alerted on,, 9 On transit mail, Brian Ford " ... felt bags would still be opened and tipped for dog
69
surveillance, and held in NZ Customs approved bond" But the meeting was " relaxed and cordial",
and "Finally Customs approved handJing area. A verbal green I lfh! was given. extension should
6
alleviate many NZ Customs and Det Christchurch headaches,,

The dispute had by now moved to the Ministerial level. Keith Alien, Minister of Customs, wrote
to Ambassador Browne on 20 September: " I can confirm that my Departmeot has no interest in
examining ' official ' US Government mail, but experience has shown that it is necessary for a firm
70
understanding to be reached as to what categories of mail properly fall within this description .. .', "On
the question of my Department 's reaction to the individuals who were the subject of drug investigations
returning to work in Antarctica, my Depattment has no wish to infiuence the employment situation of
these persons either way. There could nol, however, be any undertaking that such persons would not be
the subject of legal proceedings should my Depattment have sufficient evidence of involvement in drug
70
importation.', On aircraft boarding and searches: "My Department takes the firm view that it is
untenable for differing degrees of access to be accorded to the various processing agencies involved,
these being the Agriculture Quarantine Service. the Department of Health and the New Zealand
,, 70
Customs . . .

O n 1 8 October. Linda Stillman wrote t o Foreign Affairs' Bill Mansfield offering an amended
14
definition o f "official mail". She noted, "By deleting franked mail from the definition of official mail,
we have agreed to a limitation which we have not accepted with other countries". 71 Keith Allen had
met Ambassador Browne in Wellington, and now planned to visit Deep Freeze on 2 November. Trevor
Once summarised the outstanding issues to be resolved with Customs -

"Significant facts of transit mail are: 1) To date not one positive drug interception has
been found this season. 2) Not onc positive drug interception has ever been found
involving a Detachment Christchurch permanent duty stationed member. 3 ) Customs
reverted to random checks during the winter months, 4) Customs abandoned searches of
Conus [Continental U S ] bound mail (from Antarctica). 5 ) United Stales mili tary
personnel will soon have authority and directives to inspect its own mail, we would then
expect Customs to desist from inspections,,,72

Gnce also addressed the thorny question of aircraft ownership -

"Status of VXE- Aircraft [LC-1 30 ski-Hercules], Although LC-1 30s used in Operation
6
Deep Freeze are owned by the National Science Foundation there is no reasonable basis
for these craft being treated any differently than any other military craf" used in the
Operation Deep Freeze Program, The National Science Foundation is a United States
Government Organi sation, As such it i s part of the United States Government and
entitled by intemational law, to all the benefits of the sovereign immunity doctrine .. , The
fall back position is simply that the planes are under operational control of U S military
who are performing a DoD mission. The DoD mission being to provide the support
requested by NSF. The aircraft - being under military control - should be treated as any
other military aircraft ." 72
..

In fact, although Customs asserted the right to board US military aircraft, and did not accept the
US pOSition on the LC-130s, ", "no attempt however has been made by NZC to board any Deep Freeze
aircraft since Aug 8 1 ",7 3 As of October, Customs had abandoned searching U S bound transit mail
7
passing through Harewood from the Ice, "When asked if revised procedure could be established in
writing, airport Customs manager indicated that new procedure was unofficial, therefore preferred not to
commit it to writing, ,, 74 MAP had agreed not to confiscate food items found in transit mail, "This
conciliatory attitude by NZA is Si �ficant and to some degree signals improved relationships between
this activity and NZ Govt. depts," 3

Things were still far from hUllky dory on the ground, Deep Freeze was still receiving a regular
flow of claims from the Ice concerning items damaged during Customs mail searches, And Customs
was stili after dope. For instance, on 1 8 November it confiscated two parcels of FPO official mail
containing video cassettes, because the sniffer dogs had indicated they were suspicious, They were
clean, and were retumcd 74

High level negotiations continued. On 24 December, Bili Mansfield wrote to Linda Stiliman,
covering a whole raft of unresolved Customs issues, including official ,nail, transit mail, and inspection
of military aircraft 7 5 It prompted a spate of Embassy cables to the State Department covering each
subject separately, The Embassy reported: "Suggestions are result of meeting between MFA and NZ
Customs authorities (described by Ass! Secretary Beeby as long and arouousy 76 Customs presented its
definition of official mail, and its formula upon suspecting dope in the mail, namely that the US
Commander or his representative should inspect it in the presence of NZ Customs, "We understand
Customs is adamant that there be some means of assuring there is no abuse of official mail.',76

On aircraft inspection, Customs asserted the righl to board and search USAF planes, in the
company of the aircraft commander. If the latter cited military security, then the procedure would be
that " '" the Customs officer may require that the OIC of the US Naval Support Force or person
designated by him personally conduct L'1e detailed inspection and may remain on board the aircraft until
the OIC or designated arrives",77 The Embassy reaction was: "Our basic impression of NZ draft
is that it is not in keeping with worldwide US policy and therefore unacceptable",77 Indeed a comment
next to the relevant paragraph in Mansfield's letter reads: "Unacceptable, NZC should not be able to
 15
'require' OIc'to become aircraft inspector". Also: "Embassy is unaware of us having previously
expressed concern about 'military security' of aircraft and would prefer that there be no references to
security in any agreed text. .. Also we may wish to consider having any text refer to 'military owned or
operated aircraft' so that NSF owned, DoD operated aircraft will be subject to same conditions",77

On transit mail the Embassy believed that the new DaD postal inspection rights would supersede
Customs. But only in theory. "Since it is doubtful however that Det Christchurch will be provided
equipment, detection dogs, etc to perfonn inspection anticipated in regulations, we presume that
inspectio n authorized in regulations by foreign Customs will continue in New Zealand" 78 It concluded:
"Most offensive aspect o f NZ Customs inspection procedures is their practice of opening first class mail,
particularly personal letters. We suggest that draft language proposed by NZ is inadequate to meet our
concerns about this invasion of privacy and should be amended to include some reference to probable
cause... ,,78

In February 19 3 , the US Navy decided to institute a drug detector dog programme, both at
8
Harewood and McMurdo. Initial plans were to import a dog from Hawaii, and MAF infonned the
Embassy that it was prepared to waive the quarantine rules, allowing the dog to be used both in NZ and
9
Antarctica 7 This plan was dropped in favour of buying an NZ dog, and having it and it� US Navy
handler trained by the NZ Police, following discussions with the latter's chief dog trainer, Inspector
0
David Boyd, and Christchurch's top dog handler, Sergeant Harold Surgenor. 8 The US military was
pleased with its relationship with the Christchurch police . " Det Christchurch also has very good
relationship with local police and reports any incidents involving New Zealanders to them. On two
recent occasions, for example, the Detachment has identified New Zealand pushers for follOW up action
by local authorities.,,8 1 Nothing is simple in the U S military - reams of fonns accompanied the dog
programme, laying down procedures for the safe handling of narcotics training aids, requirements for the
handler, even detailed instructions for the dog's "maximum stress diet".

NZ bent over backwards to help the US military on this one -

" . . . NZ Police willing to sell dogs to US for approximately NZ$200 and provide training
of dogs and US military master at arms/military customs inspector at NZ Police College
Trentham, Wellington, NZ. Training and lodging would be at n o expense to U S
G o vernment (estimated value o f training o f dog and handler i s U S $ J 6 ,OOO) . . . NZ
Ministry of Agriculture has agreed to anow transit of dogs between ChCh, NZ, and
Antarctica. This is a unique exception to stringent New Zealand quarantine laws which
allow only import of dogs from UK and Australia. Willingness of NZ to provide dog and
training and free transit of dog indicates high degree of NZ interest in and support of
establishment of US military drug detection dog program. Acceptance o f NZ offer and
establishment of program at earliest practical time would favorably enhance perception of
2
US credibility on issues of drug interdiction and control. ', 8

Alas, it was all for naught. Master at Anns Jeanelte Annitage and Joe (bought in Christchurch for
NZ$200 by Deep Freeze) were trained at Trentham and started work at Harewood and McMurdo in
August 1 9 8 3 . By March 1 984 it was all over: 'The Military Working Dog Program is currently in an
inactive status. Based on independent observations and assessment hy two senior NZ Police dog
trainers, the MWD handler's performance was found to be unsatisfactory and was subsequent! y relieved
of all MWD duties and made available for reassignment". 83 Annitage was returned to the US to be
replaced by another handler, who was also trained at Trentham.

Cooperation continued with the Christchurch police in other areas. "Recent discussions with NZ
Police and NZ Customs indicated both agencies oppose concept of US importation of (narcotics
training) aids into NZ, due to Command' s location within civilian community and its inherent lack of
physical security . NZ Police have offered to make available, on a sign out basis, all (narcotic training)
aids, In view of local circumstances, request authority to use NZ Police vice Naval Investigative Service
supplied narcotic training aids. ,,84
16
The U S military was still wrestling with its own semantics. In March 1983 i t had a problem
responding to NZ,customs position on boarding 'and searching US military aircraft.

"NZ proposal would exempt aircraft from detailed inspection by NZ Customs officials
only on basis of military security. This exemption is of practical relevance to MAC
Channel flights only. Aircraft operated by U S Navy in support of U S Antarctic Program
are owned by the N alional Science Foundation, In view of the provisions of Antarctic
Treaty prohibiting military operations in Antarctica, it is unlikely that reasons of military
security could - or should - be advanced to preclude NZ inspection of any U S aircraft
involved in NZ-Antarctic flights.', 85

Busts were continuing. On 3 1 January 1983 three vials of carmabis seeds were discovered at
McMurdo, destined for Michael Mocilnikar, a civilian employee of Antarctic Services. He was sacked.
Indeed, Commander Shoemaker decided that " .. .it would be extremely dangerous to permit Mr
8
Mocilnikar to winter over at South Pole". 6 The unfortunate Mocilnikar became a political example.
"Positive acts of enforcement by US agencies including prosecution of incidents such as this, would
counter impression of NZ enforcement agencies that US is unconcerned with marijuana use by
participants in US Antarctic Program. Prosecution in this case would prove worthwhile in terms of
deterrence of continued drug abuse and would clarify US position on drug abuse by participants in US
Antarctic pro ram. These factors require that incident be viewed seriously with view towards
�
7
prosecution." Mocilnikar's case went to the highest levels of the US Government. A State
Department cable under George Shultz' name asked: "Has suspect been detained by Federal or other
88
law enforcement agency?,, The answer was no. On 7 February Pearl Harbor prosecutors declined to
take any action on the seeds, and Mocilnikar was not detained by any law enforcement agency. His case
led to a review of selection criteria for wintering-over teams.

The bust of Vemon Marsh led to a high level dispute between the US and NZ governments.
Marsh had imported 1 . 8 grams of carmabis through the mail in October 198 1 , and was arrested at
Christchurch Airport on 22 February 1983 while passing through on his way back from Antarctica. 89
However, the charge was dismissed on 2 8 February, once again because the police could not prove
intent to actually import dope into New Zealand, as opposed to merely transiting.

"On August 2 Minlstry of Foreign Affairs legal division official Allan Bracegirdle called
Political Counsellor (Polcouns) to register New Zealand Government concern over
possible return to New Zealand of Antarctic Services employee, Vernon Marsh.
B racegirdle said New Zealand Immigration has learned that Marsh is to be among ANS
[Antarctic Services - private contractor] contractor employees returning during August en
route to Antarctica for the 1983-84 Antarctic season. . .
,

"Polcouns responded .. , Marsh last year returned privately to New Zealand and hired a
lawyer to see whether there were outstanding narcotics charges against him. The lawyer
reportedly contacted the police who knew of no outstanding charges against Marsh.
When Marsh returned to New Zealand from Antarctica at the end of the season however,
Customs authorities detained him at the airport and he subsequently faced trial on
narcotics charges. Polcouns suggested that since New Zealand courts had dismissed
charges against Marsh in February 1983, it is possible that ANS considered his record
clear for re-employment in the 1983-84 season.

" B race girdle responded quite emphatically that Marsh is considered undesirable by the
New Zealand Government. The dismissal of charges against M arsh was based on a
technicality . , . The judge had said, though, that he had no doubt o f Marsh's guilt in
transmitting narcotics through the mail. Bracegirdle said GNZ understands that Marsh's
ANS job i s in the cargo yard, a particularly sensitive position for narcotics smuggling.
(Note: New Zealand Customs has told Det Christchurch that they intend to inspect
incoming US cargo this season, which could be quite disruptive to USAP operations. We
have no doubt that Customs knows of Marsh's previous position with ANS, although
they m a y not know that Marsh is currently working in the AN � cargo yard at Port
 17
Hueneme [California].) Bracegirdle continued that by re-employing Marsh, the US was
not exercising control over its personnel and was not acting within the intent of the 1958
US-New Zealand agreement. New Zealand does not believe that it is its role to monitor
the return to New Zealand of undesirable USAP employees; that is a US responsibility.
New Zealand wished to make it clear, however, that it expects the US to send to New
Zealand only employees who are above suspicion and have not been subject to previous
narcotics investigations.

" B racegirdle said he had instrocted the New Zealand Embassy in Washington to take up
the case with the State Department. H e noted that when New Zealand signed the
cooperative agreement with the United States in 1 9 5 8 , it made concessions o n
immigration procedures for employees of Operation Deep Freeze. The subsequent
'civilianization' of the US Antarctic Program perhaps made it more difficult for the US to
control its personnel, but New Zealand expects such control to be implemented
nonetheless. Bracegirdle noted that drug use among Antarctic personnel is an extremely
sensitive issue in New Zealand politically and onc which is of concern to several Cabinet
90
Ministers. ,,

The NZ complaint had the desired effect. A Deep Freeze internal memo of September 1983
(covering yet another meeting between Deep Freeze and Customs) stated: "They (Customs) unofficially
reported their displeasure at the ITT/ANS Cargo Coordinator being a known drug offender. They stated
that even though a court conviction was unsuccessful, it was a technicality that prevented them obtaining
a conviction and their concerns were that the US Government was seen as uncooperative over this very
serious matter. As of September 1 , 1983 the latest news from the US Embassy, Wellington, is that after
strong SEC STATE moves Mr Marsh will not be returning to the Antarctic Program as ITT/ANS have
91
now dispensed with his services,,

Drugs continued to b e o f concern to the U S military. For example, on 1 5 November 1983 Major
Christiano sent a handwritten letter to Major Clark Hall, head of the US Military Customs Inspectors,
naming two Americans alleged to have grown marijuana hydroponically at South Pole station. "Can
you see to it that the names of these two individuals ... are dropped to NZ Customs personnel as persona
non grata?,, 92 This piece of informing led to a reprimand from Commander Jones: "This is a sensitive
issue that should be handled at our level and not informally communicated or acted on between our
Term Ops officers. From this end MAJ Hall has not been given authority to deal direct with NZ
93
Customs on my behalf',

Customs regularly supplied Deep Freeze with lists of Americans whose mail had been found to
include dope (see, for instance, the list of 24 January 1985 supplied by J.N. Anderson, of Customs Drug
Investigation Unit). And Deep Freeze supplied Customs with particulars and photos of suspects such as
those sent by the Naval Investigative Service, Pearl Harbor, on 1 2 September 1984 with photos of one
suspect, and a request that they be made available to NZ Customs.

Indeed. by 1984, Customs and Deep had resumed a reasonably civil relationship.

"As NZC never confirms enforcement agency tactics or policies in writing, it is difficult
to define a resolved issue. However, NZ has obviously accepted local command control
initiatives as adequate as evidenced by altering their policy from a vigorous interdiction
program to random mail inspections. Local NZC enforcement head has verbally stated
that there is now no requirement to board aircraft, that NZC has dropped the requirement
for licensing the NEX [NaVal Exchange] , and that they are satisfied with the Det's steady
efforts to restore credibility and a mutual trust now exists. The New Zealand Minister of
Customs, Mr Keith Allen, accompanied by the US Ambassador to New Zealand, was
given an on site brief/tour by the OIC in June 1983. He seemed satisfied and confident
that NZC concerns had been firmly dealt with, and reflected support for resolving any
4
remaining issue.,, 9

Customs even apologised to Commander Jones. On 1 1 August 1983 Mick Howley, Collector at
18
Auckland. wrote t o Jones: "I refer t o &our letter o f July 29 1983 i n which you make mention of an
incident which took place at Auckland International AiqlOrt on your arrival on July 20 1983, I regret the
delay caused to you and your wife by the research necessary to locate the instruction which exempts the
good you had in your possession from payment of Customs charges, This matter has been brought to the
5
attention of all my officers employed at Auckland AiqlOrt" ,9

Problems for the US military were not confined to New Zealand, MAC Channel flights to and
from Australia all transit Royal Australian Air Force Base Richmond located in the blue Mountalns near
Sydney, In February 1983 Starlifter number 60143 was hoarded on arrival there by an Australian public
health official, a doctor, an agriculture official, and two Customs officials, "Upon hoarding, the senior
Customs official advised the aircraft commander that he would be conducting a superficial search of the
6
aircraft, He asked if the aircraft commander or his representarive would like to accompany him, ,,9
There was a lot of to-ing and fro-ing, "The alreraft commander still politely refused to allow the search,
The Customs official then requested that the aircrew deplane with their personal baggage and he then
sealed the aircmft with Australian Customs scals. The aircraft commander then sought guidance from
96
the Embassy,,, The Embassy contacted CINCPAC in Hawaii. Customs offered to let the plane depart
uninspected and without unloading "."but he would then lodge a protest through Australian Customs
96
channels". Customs rejected the commander's offer to download his cargo for inspection. insisting on
an inspection of the plane itself. " Accordingly, pursuant to Embassy instructions and with ClNCPAC
concurrence, the aircraft commander pennitted the Customs inspection of the aircmft but only after
reiterating the US position that military aircraft are immune from Customs inspection, He added that he
would report the incident immediately to the US Embassy". As is apparent from today's events at
Richmond. this situation is not improving and has the potential for creating an incident that might well
come to the attention of the Australian media... Request Department's guidance on advisability of our
lodging a formal diplomatic protest with GOA [Government of Australia] regarding today 's events, If
Department believes diplomatic protest is appropriate, request suggested language for Embassy's use.
6
, Lyne.', 9

The Commander of the Third Fleet sent the guidelines to Canberra in April 1983. referring to the
", ,.latest in series of difficult situations facing U S aircraft commanders when confronted with determined
attempt by local Customs, Immigration and Agricultural inspectors to board, search and inspect US
aircraft in Australia without USG permission, These situations have been the subject of continuing
dialogue between the USG and GOA officials", GOA should be notified that US military aircraft
possess sovereign immunlty and that USG objects to any boarding of aircraft by GOA officials. but will
accede to such boarding only for purposes of collecting manifest pending resolution of issue, Active

inspection of aircraft would be precluded as would walk-through except as fall back position to avoid
7 .
confrontation" , 9

The procedures were itemized, concluding: "If the officer insists on inspection, the aircraft
commander will request an opportunity to obtain guidance from AmEmbassy Canberra. If opportunity
to obtain guidance is denied, the aircraft commander will permit the inspection to take place after
advising that the inspection is bei �conducted under protest or, if security considerations require, seek
permission to depart the country",

But in New Zealand, the US had won the aircraft inspection issue, A Deep Freeze internal memo
of September 1983 reads in its entirety:

" U S Embassy, Wellington, has taken strong srand with NZ Minlstry of Foreign Affairs
over boarding aircraft, such as 'shut the doors and take off' instructions to aircraft
commanders, This infonnation was passed verbally 10 NZ Affairs by political section of
the US Embassy in June 1983, No attempts have been made to hoard any aircraft in the
past year. NZC indicated at meeting in July, they would not be hoarding USN aircraft,
and if e v e r they felt there was an urgent need to do so they would contact the
AMEMBASSY and state the reasons Why, TIlls matter appears to be resolved. ,,98

The drugs issue, with its related clashes over sovereignty, surfaced publicly one more time. On
1 3 October 1985, Sheldon Clark Came. a US Navy aviation electrician, was arrested in a motel and
 19
charged with possession of carmabis and bashish. When asked where the dope cam from, he told the
police it was from the same Hercules he arrived on. The story was reported in 'Off Base', the newsletter
99
of Citizens for the Demilitarisation of Harewood : "So, at 2am the same day, NZ Customs resolved to
physically search the aircraft... This was stroagly objected to by senior US military personnel on the
scene, but Customs used a bolteutter to break a lock and search the plane. In the event no dope was
found, but the sniffer dogs' reaction indicated that it had been there".

"The dawn raid became a fullblown international incident when it was revealed in
Parliamentary questioning of the Minister of Customs, Margaret Shields ('The Press' , 25
October 1 9 85) that the US Embassy had formally complained and that Shields had
assured the US that it wouldn't happen again. She said, despite Customs' having found
proof that dope had been on the plane, that was not the issue. The issue apparently was
that Customs had followed ail necessary procedures to get a search warrant, but 'They
believed they had the authority when they did not'. Mike Gould, public relations
spokesman at the Embassy, said the Government's statement that it wouldn't happen
again closed the matter. 'He said the dispute had arisen over a breach of sovereignty of
an American aircraft. the New Zealand Government had sovereignty over the United
, 99
States Navy base at Harewood .,,

00
As for Cartie, a jury acquitted him of the importing charges on 2 May 1 986. 1

To conclude, Customs was extremely diligent in its pursuit of drugs entering New Zealand in US
military mail - in reality transiting Harewood for McMurdo (and that's the reason most prosecutions
failed in Christchurch courts). Customs was altogether too diligent for the liking of the US military and
the Embassy. The question of mail searches, and related issues of aircraft inspections (by both Customs
and MAF) was deemed too tough to be resolved at the Christchurch level, and was always referred to the
politicai level in Wellington. U S diplomats held "non-conversations" and presented "non-papers" to
Coos Beeby (then Assistant Secretary of Foreign Affairs, and now Deputy Secretary of the Ministry of
External Relations and Trade). lleeby was willing to be helpful, aithough even he couldn't crack the
sheer persistence of MAF (which led 10 Customs claiming equal access rights to US aircraft). But it is
fair to say the US view prevailed. Customs mail searches diminished; requests to board aircraft stopped.
Indeed, Customs became considerably less zeaious after the high drama of 1 98 1 had passed. Margaret
Shields told CDH in a 1 985 letter: "From January 1 9 8 1 to mid-1985 Customs asked the US military
precisely three times for a manifest of Starlifter cargoes ... This is not physical searches of aircraft; this is
99
simply asking the US military what is on the planes".

The actions of NZ Customs and MAP posed big problems for the US military because it would
set precedents, undermining its worldwide right to conduct its business without in any way being
answerable to host governments. As this detailed study has proved, the US military exerted pressure at
the highest level to ensure that its interests were protected.

[Editor's note : This paper deals with drugs. Other elements of the controversy are being written up.]

REFERENCES

1. US Navy memo, 20 Jooe 1977, Force Legal Officer to Officer In Charge

(OIC) NAVSUPFORANTARCTICA, ChCh. Subject Military Customs Inspector Program,
Instruction for COMNAVSUPFORA.?>ITARCTICA 5840.1.
2. S ubject Status of Deep Freeze Civilian Personnel. November 1973.
3. Messages from NAVSUPFORANTARCTICA on the Zaranka case.
November/December 1980
4. Message on Zaranka case. November 1980.
5. D.E. Wilson, for Comptruller of Customs, to Citizens for the Demilitarisation of
Harewood (CDH), 1 May 1985. Published in 'Foreign Control Watchdog' No. 50, August 1985.
6. Trevor Orice, NZ Affl$'g, to file. Brief Summary of Events to Date,
with enclosure of Customs letter of 12 Augnst. 26 August 1981.
20
7. Message from NASUI'FORANTARCTICA to C1NCPACFLT. August 1981.
8. Captain Pearigen, Commander NAVSUI'FORANTARCTICA, to Customs, Enforcement
Division. 28 J981.
9. American Embassy to of Slate. AngusI 1981. Subject: NZ Customs (NZC)
investigation of FPO mlIil and Fm. privilege. From Ambassador H. Monroe Browne.
Confidential.
!O. American Embassy 10 of Slate. August 1981. Browne. Confidential
11. Minutes of Meeting. 1 1981.
12. American Embassy to of Slate. September 1981. Confidential.
13. Letter from Ford ID Once. 8 198 1.
14. NAVSUI'FORANTARCTICA to CINCPAC. S ubject NZC luspection. August 1981.
15. Postal Officer to US Retirees in NZ. 8 July 1981.
16. orc to US Mililllry Retirees m. NZ. 17 September 1981.
17. COMNAVSUI'FORANTARCfICA cable to COMTHlRDFLT. Subject: NZC Inspection.
September 1981.
18. Collector Keams to OlC Jooes. 22 1981-
19. JOc. Guzman ID Grice. 12 October 1981.
20. D. Michael Hinldey to OIC. of civihans passing through
NZC en route 10 Aolatetica from tbe VS. 20 October 1981.
21. NAYSVPFORANTARCnCA to COMNAYSUI'FORANTARCTICA. NZC Inspection.
SilOation Report October 1981.
22. Erick Chmng, NSF A£!latetica to David Bresnehan, Special
Assislallt for NZ VSARP. 30 October 1981.
23. Rummage report by NZC officer P. Dawson. 22 Allgus1 1981.
24. Rummage report by S.W. Co. Terminal. 26 August 1981.
25. Notice of Seizure llIlder Customs Act 2 October 1981.
26. Memo from OIC NAVSUPFORANTARCIICA to Commander USNAVSUI'FORANTARCfrCA.
Subj Asm. visit 10 November 1981.
27. 'Christchurch Press', 19 November 1981. "Searches anger US Ice staff" .
28. Cable from Secretary of Stale to Confidential. November 1981.
29. Travis Air Force Base. S ubject: of USAF aircraft by foreign
authorities. November 1981.
30. NZ Foreign Affairs 10 Collector of CilSI.Oms. Security of
Official Registered Mail. 23 November 1981.
31. NAYSUI'FORANTARCfICA to CrNe?AC. Subject NZC Inspection. Unclassified.
32. Ambassador Browne to COMTHlRDPLT. NZC Inspection. Limited Official use.
33. CINCPAC to Secrelllry of Defcnse. NZ CilStoms Investigations of
US Facilities. Confidootial.. December 1981.
34. Personal, from Commander JOIleS to Caplaill ""'Jig"'" Unclassified. December 1981.
35. American Embassy to Secretary ilf Stale. Media. reaction to NZC
investigation· ofFPO. December 1981.
36. JOC Guzman to OlC. Posia1 interdiction 00 Monday 14 December 1981.
37. Letter from Secrelllry of Slate Alel<lillder to Senator Barry
Goldwatef. Subject NSC December 1981.
38. ale, Deep Freeze to Collector of Customs. 18 December 1981
39. American Embassy to Secretary of State. inspection of US
Aircraft by NZC All!horities. Cnnfidential. December 1 9 8 1 .
40. COMASSWINGPAC to Aotarctic Devron Six. Inspection of US
Aircraft by OfficmP. Confidential. December 1981.
41. Secrelllry of State to Amerk,m Inspection of US
Aircraft NSC Authorities. Confidillltial. December 1981.
42. State, DaD, NSF cable to American NZC investigation
of FPO mail llild Confidilntial.
43. Confidential of Notes Opell!hoo Deep Fm.ze. 24 December 1958. Cited in ref. 42.
44. NAVSUI'FORANTARC1'ICA !O COMTHIRDPLT. Snbject NZC inspection.
Unclassified. 1982.
45. American to of State. SlIlljec:t Inspection of US
Aircraft by me. Confidential. 1982.
46. American of State. N"L:C investigation of
FPO mail ilild
47. Sceats to Jones. 12 1982.
48. Travis AFB to Opernling Location 619 Mass ChCh. Subject Inspection
of US Aircraft by authorities. Unclassified. Jililnary 1982.
 21
49. NAVSUPFORANTARCTICA 10 CINCPAC. Subject: Exercise of foreign criminal
jurisdiction by NZ Tribunal over AE3 lames L. Lemonds, Jr. January 1982.
50. NAVSUPFORANTARCTICA 10 Antarctic Devron Six. Subject: Replacement
required for ABH3 Slanley Patterso'! USN. January 1982.
51. American Embassy 10 of S tale Subject CuslOms problem at
.

ChCl!. Confidential 1982.

52. NAVSUPFORANTARCTICA SilRep to COMTIllRDFLT. Unclassified. February
1982.
53. Sceats 10 Jones. 5 February 1982.
54. NAVSUPFORANTARCTICA 10 Navy Judge Advocate General (JAG) Alexandria,
Virginia. Subject: Act prublems re me request for USN and NSF records. Unclassified.
February 1982.
55. American Embassy 10 Secretary of Slate. Subject: A. NZC investigation
of FPO mail. B. Inspection of US Aircraft by NZC authorities. Confidential. February 1982.
56. Judge Fogarty's judgement, CbtislCnurcn District COor!. 1 5 February
1982.
57. Search warrant issued by a judge of the Chrislcnurcn District COor!.
1 5 February 1982.
58. Judgement of Mr J u'llice Hardie Boys, High Court of NZ, in Admiralty,
Cbtistchurch Registry. 23 February 1982.
59. American Embassy 10 Secrelar'j of State. Subject NZC investigation.
Status of issues. Confidential. 1982.
60. USAFHQ to American Embassy. Wellington. Subject: Agricultural spraying
of USAF aircraft. Unclassified. February 1982.
61. Lt. Hinkley, lO Ambassador Browne. NZC seizures of drugs from US
mail en route to Antarctica; results thereof. 25 February 1982.
62. Memo from Grice. PoslaL 20 May 1982.
63. Navy JAG, Virginia to NAVSUPFORANTARCTICA. Subject: USN Customs
controls in New ZeaIaed. 24 March 1982.
64. StiJJman la Janes. "Non-p!ljler" attached. 1 June 1982.
65. American Embassy to of Slate. Subject NZC investigation.
Limited Official Use. 1982.
66. American Embassy to Secretary of Slate. Subject: Customs inspection and
Agricultural of US Aircraft. ConfidentiaL Augns! 1982.
67. Sceats to Jones. 25 August 1982.
68. Jones to Scoots. 1 September 1982.
69. Memo for the record, Grice. Subject Customs meeting, issues pending,
of 8 September 1982. 9 September 1982.
70. Minister of Customs to US Ambassador. 20 September 1982.
71. Political Counsellor Americllll to Ministry of Foreign Affairs
(MFA) Legal Division. 18 Ocrober 1982.
72. Grice Jones. 3 November 1982.
73. NAVSUPFORANTARCTICA to COMNAVSUPFORANTARCTICA. Subject
Customs!Agriculture Unclassified. November 1982.
74. Cables, NAVSUPFORANTARCTICA to COMNAVSUPFORANTARCTICA. Subject NZC
interdiction of official maiL lJoclassified November 1982.
75. Mansfield ro Sdllman. 24 December 1 982.
76. American to of Slate. Subject NZC investigation -
Definition of official mail. Confidential. January 1983.
77. American Embassy to er SIa!e. Subject: NZC investigation.
Inspection of US Aircraft. Confidential. January 1983.
78. American to of SIa!e. Subject: NZC investigation.
Transit mail. Confidential. January 1983.
79. American Embassy to COMNAVSUPFORANTARCTICA, Port Hueneme, California.
Subject NZC at NAVSUP. Del ChCh. Confidential. March 1983.
80. NAVSUPFORANTARCTICA to COMNAVSUPFORANTARCTICA. Subject Drug
interdiction Uncirusified. March 1983.
81. American to of Slate. Sobject Drug interdiction dog
[or De! CllCl!. Confidential.. 1983.
82. COMNAVSUPFORANTARCTlCA to NSF Polar, Washington D.C. Subject: US Drug
Detection Ullciru�ified. April 1983.
83. NAVSUPFORANTARC'IICA. Military Working Dog Program,
NZ!Anlarctica. Background. Recommendations. 5 March 1984.
22
84. NAVSUPFORANTARCl1CA to COMNAV. Marianas, Guam. Subject: Narcotics
training aids for Navy drug detector dog. Unclassified. August 1983.
85. American Embassy to ClNCPAC. Confidential. March 1983.
86. COMNAVSUPFORANfARCl1CA to NSF Rep. AntaJ:ctica Subject Carl Michael
Mocilnikar, ANS employee at South Pole. 1 February 1983.
87. NAVSUPFORANTARCl1CA to COMTHJRDFLT. Subject: Interdiction of marijuana
al McMurdo Station, AntaJ:ctica. Unclassified. 23 February 1983.
88. Secretary of State to COMTHJRDFLT. S ubject Interdiction of marijuana
at McMurdo Station. Confidential. February 1983.
89. Transcripts of NZC interviews with Marsh; evidence of NZ Police chief document examiner;
photos of evidence and Marsh's handwriting. February 1983.
90. American Embassy to Secretary of State. Subject NZG complaint ahout
ANS employee. August 1983.
91. Internal Deep Freeze memo. Subject: Sovereign Immunity in relation to
cargo. September 1983.
92. Major Christiano to Major Hall. 15 November 1983.
93. Letter from Commander Jones to 'Captain'. 26 November 1983.
94. Internal memo. NZC issues. 5 March 1984.
95. Collector Howley to COlD1lllilder
l Jones. 1 1 Augnst 1983.
96. American Embassy Canberra to Secretary of State. Subject: Government of
Australia inspection of Us Military Aircraft ConfIdential. February 1983.
.

97. COMTHIRDFLT, information COMNAVSUPFORANTARCl1CA. Subject: Foreign

officials hoaniing US Aircraft for Customs, Sanitation and Agricultoral searches and inspections.
April 1983.
98. Internal memo. Subject: Immunity of Aircraft from NZC hoaniing.
September 1983.
99. 'Off Base', No. 6, December 1985. "Customs busts Here: Minister
apologises...
100. 'ChrisIChurch Press', 3 May 1986. "Jury acquits US Navy man."

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