336

Telex, Warwick Smith To Hay

Canberra, 26 November 1969

11201 Confidential Priority

Gazelle plan of action

Minister has considered your 614 of 23rd November1 and related messages and before approving a plan of action, some elements of which as indicated are contingent upon further decision, as follows would like to have any comments from you:—

(a) Local government

(1) Immediate elections of ward committees in wards in which these are wanted on basis of existing boundaries with Council allotting powers to them. (Immediate statement.)

(2) Immediate action to review ward boundaries in preparation for (3) below lncluded in this review will be an examination of the position of small non-Tolai settlements (e.g. Kokopo ward is 100% non-Tolai and urban in character) with a view to deciding whether these two or three wards could be included in Rabaul urban government area or otherwise dealt with so as to remove causes of Tolai antagonism—a Departmental message has been sent on this matter (approval would be on a contingency basis which could not be acted on without further specific ministerial approval).

(3) Elections in about September 1970 on basis revised ward boundaries. Such elections to cover both main council and ward committees—(this would also be a contingent approval).

(4) Maintain principle that if MA do not want European or non-Tolai members they should oppose them electorally—(immediate statement).

(5) Tax collection to be enforced—but as far as possible by distraint not gaol—this would be a straight-out ministerial approval.

(b) Land

(1) Development Bank to continue subdivision of Matanatar and Revalien—future purchase and subdivision of plantations in traditional Tolai area to follow similar principles—(this relates to an existing ministerial approval).

(2) Administrator to report on possible action under Land (Underdeveloped Freehold) Ordinance in respect of—

(a) Rabaul

(b) Gazelle Peninsula

(c) Areas outside Gazelle which are capable for use for Tolai resettlement——this is a new proposal arising from the legislation recently passed by the House of Assembly on which urgent comments would be appreciated

(3) Administration disposition of land on border of Tolai areas to be based on the principles—

- when the land is suitable subdivision should be based upon normal resettlement schemes

- blocks shall be allocated on leasehold tenure only

- specially constituted land boards will ensure that Tolais take decision on who shall receive blocks—this again recites existing ministerial approvals

(c) Courts

(1) Additional judge or acting judge to be appointed so that court may expedite determination of pending land cases—the Minister is approaching the Attorney-General.

(2) Court to be asked by the Minister to arrange sitting in Rabaul until land appeals are completed—the Minister has in mind to write to the Acting Chief Justice when he informs him of the proposal for a further judge.

(d) Legislation

(1) Identify those powers which are needed but which are not at present available and which would be acceptable under ordinary law such as—

- extended provisions for binding over to keep the peace (including restricted residence or movement)

- control of societies and public collection of funds

- moving on

- extension of present power, eg over assemblies and marches other than in public places as well as in them—this has been discussed with Curtis on the telephone and we hope that firm proposals can be evolved at a meeting in Canberra next week which would include the Attorney-General’s Department.

(2) Legislation on these lines (which will clearly be directed at controlling activities of MA) to be introduced at a special meeting of the House of Assembly—the Minister’s approval in this respect would be contingent and depends upon developments. We should however be glad to know when a decision [would need to be taken if the House were to meet in the week beginning 14 Dec].2

(3) Preparation of ordinances that might be packaged under description ‘special legislation’ such as—

- curfews

- restriction [of] residence by an administrative act

- detention without trial

(3) Operational aspects

(1) Administration places responsibility for maintenance of law and order clearly in hands of Police Commissioner

(2) Administration ensures proper training and action by (i) police and (ii) DDA

(3) Liaises with services.

(4) Administration operates through AEC as far as possible

(5) Administration decides line of control Special Branch

- Minister’s approval is again contingent and I should be glad to receive your recommendations in regard to these and other operational aspects

(6) Department is in contact with Defence on logistic support including aircraft to move police

[NAA: A452, 1969/5256]

1 Document 333.

2 Text in original corrupted; bracketed text represents editorial interpretation.