A day after China warned its three military ships would be live weapons testing between New Zealand and Australia, the Cook Islands has today released a controversial agreement indicating Beijing has secured a maritime presence there.

The Memorandum of Understanding (MoU) on Deepening Blue Economy Cooperation shows a raft of partnerships including building ports and ships, many of which will be problematic from New Zealand's security perspective – especially following the escalation of tension in the last 48 hours.

Yesterday flights had to be diverted when commercial pilots were warned to avoid airspace between Australia and New Zealand after Chinese vessels conducted drills around 340 nautical miles south-east of Sydney in international waters.

Australia's Defence Minister Richard Marles told the ABC that planes were "literally flying across the Tasman" as China began its exercises and forced to rapidly divert.

The MoU, signed in Harbin, northern China on February 14, lays out investment cooperation in port wharves, shipbuilding and ship repair, ocean transportation, and deep-sea fishing bases.

Pacific Regional Security hub lead associate professor Jose Sousa-Santos said under the agreement, China will increase its strategic reach and presence in the Pacific.

"This could enable China to have a resupply capacity for its navy in the Pacific facilitating its presence and acts of intimidation in the region, as seen by the recent live fire exercises in the Tasman Sea," he said.

Associate professor Anna Powles from Massey University's Centre for Defence and Security Studies said China's proposed commercial activities in the Cook Islands has successfully secured a long-term maritime presence.

"The proposed infrastructure will support both China's fishing fleet and potentially China's coastguard fleet which has expanded its operations into the Pacific Ocean... This comes at a time when China has escalated military tensions in the Pacific region," she said.

Under the MoU, there will be an Investment Cooperation Working group set up between the two governments "to increase policy exchanges, implement the work set out in the Memorandum and promote investment cooperation in the blue economy".

As a realm country of New Zealand, the Cook Islands' constitutional agreement is to consult with Aotearoa on anything that impacts on security or defence.

That has not happened.

New Zealand's intelligence boss Andrew Hampton said he shared with Cook Islands Prime Minister Mark Brown national security advice and intelligence before Brown went to China to sign a number of partnerships.

Foreign Minister Winston Peters is currently in Saudi Arabia and will shortly be travelling to China where he will be holding talks with senior Chinese leaders, including his counterpart Wang Yi.

The Ministry of Commerce of the People's Republic of China and the Ministry of Foreign Affairs and Immigration of the Government of the Cook Islands (hereinafter referred to as "the Parties"), actively implementing the Global Development Initiative, and jointly building the 21st Century Maritime Silk Road to form synergy with the 2050 Strategy for the Blue Pacific Continent, and jointly building a maritime community with a shared future, carrying out the Cook Islands Te Ara Akapapa’anga Nui National Sustainable Development

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Agenda (NSDA) 2020+, and China's 14th Five-Year Plan (2021-2025) for National Economic nand Social Development and the Long-Range Objectives Through the Year 2035, based on the goodwill and needs of businesses of both countries and the practical foundation for strengthening cooperation in the blue economy, hereby agree as follows:

Article 1

The Parties will uphold a mutually-beneficial development partnerships, deepen practical cooperation in the field of blue economy. This includes fostering innovation and sustainable growth drivers, ensuring that all development aligns with principles of conservation sustainability, and ecosystem resilience. High-quality bilateral investment cooperation will accelerate the implementation of the 2030 Agenda and promote equitable, greener and healthier global development.

Article 2

The Parties will enhance synergy between blue economy strategies and policies with principles of sustainability, encouraging local governments, industry organisations, research institutes, financial institutions and businesses, to explore the potential of blue economy cooperation through coordinated maritime resource assessments, sustainable development planning and capacity building initiatives to jointly foster a resilient and prosperous blue economy partnership in the future.

Article 3

The Parties will encourage businesses to conduct investment cooperation in the blue economy, including but not limited to the following fields or industries

— Mariculture, distant water fishing, seafood processing, etc

— Marine biopharmaceutical, marine engineering technology, seawater desalination, marine salt industry,etc

— Port wharves, shipbuilding and ship repair, ocean transportation, etc

— Marine tourism and leisureservices

—- Marine Conservation programs and marine environmental sustainability initiatives

— Photovoltaic, wind power, tidal power and other clean energy transmission networks

— Exploration and development of deep sea mineral resources.

Article 4

The Parties will promote the introduction of more pragmatic and efficient policies and measures, encourage and support businesses to jointly establish marine economic cooperation parks and deep-sea fishing bases, and create better and more attractive investment cooperation platforms for enterprises of the two countries.

Article 5

The Parties will encourage businessesto, in compliance with the requirements of the United Nations Convention on the Law of the Sea, United Nations Framework Convention on Climate Change, the Convention on Biological Diversity and the carbon-neutral commitment targets, fulfill environmental obligations, promote green design, green procurement, green construction, green production and green operation in the blue economy investment cooperation, and facilitate the coordinated development of the local economy, society, people and the marine ecological environment.

Article 6

The Parties will encourage businesses to accelerate green and low-carbon transformation, increase investment in green technology, jointly promote innovation in marine science and technology, green and low-carbon technology, and promote the application and transformation of science research achievements.

Article 7

The Parties agree to establish an Investment Cooperation Working Group under the Ministry of Foreign Affairs and Immigration of the Government of the Cook Islands the Ministry of Commerce of the People's Republic of China and as the Executing Agencies of this Memorandum, to increase policy exchanges, implement the work set out in this Memorandum and promote investment cooperation in the blue economy in a more pragmatic and efficient manner.

The communication mechanism, which comprises regular communication through the Primary Contact Points, established within the Cook Islands High Commission in Wellington, New Zealand and the Embassy of the People’s Republic of China in Wellington, New Zealand.

Article 8

Any dispute about the interpretation or implementation of this Memorandum will be solved through consultations between the Parties, who will work in good faith to resolve differences by mutual agreement.

Article 9

This Memorandum will come into effect on the date of signature and remain in effect for five (5) years.

Either Party may terminate this Memorandum by providing written notification to the other Party three (3) months in advance. The termination of this Memorandum will not affect the completion of any cooperation activity which has been formalised while it was in force.

This Memorandum may be amended by the mutual agreement of the Parties, formalised by an exchange of written communications, specifying the date of its entry into force of such amendment.

This Memorandum is a statement of the intent of the Parties and is not intended to create rights and obligations under international law. Each Party's implementation of this Memorandum shall be consistent with its domestic law.