On 2 December 1980, at Atafu, New Zealand and the United States signed the Treaty on the Delimitation of the Maritime Boundary between Tokelau and the United States of America, known as the Treaty of Tokehega. English and Tokelauan; the closing clause makes the English text authentic. Signatures: Anne C. Martindell for the United States; Itieli Pereira, Amusia Patea and Aloisio Ineleo for New Zealand. Article VII: it enters into force on the date of exchange of instruments of ratification. Entry into force: 3 September 1983, at Pago Pago. The United States registered it with the United Nations on 25 July 1991 (UNTS I-28231, vol. 1643, with map). It does not name Olohega (Swains Island).

The preamble: New Zealand’s responsibilities in respect of Tokelau pending the exercise by the people of Tokelau of their right to self-determination, in accordance with the United Nations declaration on the granting of independence to colonial countries and peoples. The people of Tokelau, acting through the General Fono, requested that New Zealand delimit Tokelau’s maritime boundaries. Laws noted: the Tokelau Territorial Sea and Exclusive Economic Zone Act 1977; the Fishery Conservation and Management Act 1976 of the United States. The United States has maintained a claim to sovereignty over Atafu, Nukunonu and Fakaofo, not recognised by New Zealand or the people of Tokelau. The United States exercises sovereignty over and administers the islands known as American Samoa; New Zealand has not claimed or administered as part of Tokelau any of the islands presently administered by the United States as part of American Samoa. The agreement is with the concurrence of the people of Tokelau.

Article I: the maritime boundary by geodetic lines connecting eight points, from 10°01′26″S 168°31′25″W to 11°02′17″S 173°44′48″W. Article II: World Geodetic System 1972; charts NOS 83484 (26 March 1977) and DMAHTC 83473 (8 May 1976); New Zealand aerial plans 1036/7C, 1036/7B2 and 1036/8d.

Article III: on the Tokelau side of the line, the United States shall not claim or exercise sovereign rights or jurisdiction over the waters or seabed and subsoil; on the American Samoa side, the same bar in respect of Tokelau. Article IV: the boundary shall not affect or prejudice either Government’s position on the law of the sea. Article V: the United States recognises that sovereignty over Atafu, Nukunonu and Fakaofo, together comprising Tokelau, is vested in the people of Tokelau and is exercised on their behalf by the Government of New Zealand pending an act of self-determination in accordance with the Charter of the United Nations. Article VI: cooperation to promote social and economic development in accordance with the wishes of the peoples of Tokelau and American Samoa, and discussions between them.

Atafu atoll, Tokelau, photographed from the International Space Station. The place of signature, not the signing hall. Wikimedia Commons, public domain (NASA).

For context: Treaty of Tokehega. The text: UNTS, Treaty on the delimitation of the maritime boundary between Tokelau and the United States of America.