Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698943546506.pdf (New Zealand)
Protected Objects Amendment Act 2006 Public Act Date of assent 2006 No 37 9 August 2006 Contents Title Commencement Principal Act amended Part 1 Amendments to principal Act Title repealed Name of principal Act changed New section 1A inserted Purpose 1A Interpretation Minister may acquire antiquities Sections 5 to 7 repealed New Part 1 inserted Part1 Protected New Zealand objects, unlawfully exported protected foreign objects, and stolen protected foreign objects Protected New Zealand objects 5 6 Export prohibition Applications for permission to export protected New Zealand objects Page 3 4 4 4 4 4 4 5 9 9 9 10 11 1 Protected Objects Amendment Act 2006 2006 No 37 7 7A 7B 7C 7D 7E 7F 7G Chief executive must refuse or grant applications for permission to export Chief executive may not grant applications for permission to export in certain circumstances Expert examiners Expert examiners Matters expert examiners must consider Expert examiners must recommend that applications for permission to export not be granted in certain circumstances Protection from liability Registered objects Register Registered object may not be permanently exported Certiﬁcate of permission 7H Certiﬁcate of permission Conditions imposed by chief executive Appeal against chief executive’s decision Application of Customs and Excise Act 1996 New headings and sections 10A to 10F inserted 11 12 13 14 Unlawfully exported protected foreign objects 10A 10B 10C Import prohibitions Claims for return of unlawfully exported protected foreign objects Compensation for and costs of returning unlawfully exported protected foreign objects Stolen protected foreign objects 10D 10E Objects stolen from foreign cultural institution Restitution of stolen protected foreign objects Application Application of certain sections 10F New Part heading inserted Part2 Nga taonga tuturu ownership and Maori Land Court Establishing ownership and custody of artifacts Maori Land Court’s jurisdiction over artifacts 15 16 17 2 11 11 12 13 13 13 13 14 14 14 14 14
 16 16 16 17 18 18 19 20 20 22 2006 No 37 Protected Objects Amendment Act 2006 18 New Part heading inserted Part3 Miscellaneous 26 27 28 29 30 31 32 33 34 35 Duties of executors Disposal of artifacts Registration of collectors New section 14A inserted 14A Licensing of auctioneers and secondhand dealers Certiﬁcate of examination to be issued by authorised public museum Disclosure of information Replica of artifact New section 18A inserted 18A Wilful damage Section 19 repealed Annual report Saving of other enactments New section 22 substituted 22 Regulations Schedule amended New schedules added Part 2 Consequential amendments Amendment to Gambling (Prohibited Property) Regulations 2005 Amendments to Maori Land Court Rules 1994 Consequential amendments to other Acts Schedule 1 New Schedules 2, 3, and 4 added to principal Act Schedule 2 Consequential amendments to other Acts The Parliament of New Zealand enacts as follows: 1 Title This Act is the Protected Objects Amendment Act 2006. s 1 23 23 24 25 25 25 27 27 27 28 28 28 28 28 28 29 29 29 30 30 30 31 66 3 s 2 2 (1) (2) 3 Protected Objects Amendment Act 2006 2006 No 37 Commencement Section 14 comes into force on a date appointed by the Gov­ ernor­General by Order in Council.
The rest of this Act comes into force on 1 November 2006.

Principal Act amended This Act amends the Antiquities Act 1975.

Part 1 Amendments to principal Act 4 Title repealed The Title of the principal Act is repealed.
Name of principal Act changed 5 (1) As from the commencement of this section,— (a) (b) the principal Act is called the Protected Objects Act 1975; and every reference in any enactment and in any docu­ ment to the Antiquities Act 1975 must, unless the context otherwise provides, be read as a reference to the Protected Objects Act 1975.

Section 1(1) is consequentially amended by omitting “Antiq­ uities” and substituting “Protected Objects”.
New section 1A inserted The following section is inserted after section 1: (2) 6 “1A Purpose The purpose of this Act is to provide for the better protection of certain objects by— “(a) regulating the export of protected New Zealand objects; and “(b) prohibiting the import of unlawfully exported protected foreign objects and stolen protected foreign objects; and providing for the return of unlawfully exported pro­ tected foreign objects and stolen protected foreign ob­ jects; and “(c) 4 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 7 “(e) “(d) providing compensation, in certain circumstances, for the return of unlawfully exported protected foreign ob­ jects; and enabling New Zealand’s participation in— the UNESCO Convention; and “(i) “(ii) the UNIDROIT Convention; and establishing and recording the ownership of nga taonga tuturu; and controlling the sale of nga taonga tuturu within New Zealand.” “(g) “(f) 7 (1) (2) Interpretation Section 2 is amended by repealing the deﬁnitions of antiquity, artifact, authorised public museum, and work of art.
Section 2 is amended by inserting the following deﬁnitions in their appropriate alphabetical order: “authorised public museum means any public museum speciﬁed in Schedule 1 “comparable examples excludes identical or similar objects that have unique associations with New Zealand activities, events, ideas, movements, objects, persons, or places of importance “craft has the same meaning as in section 2(1) of the Customs and Excise Act 1996 “expert examiner includes a body corporate or an association of persons “export means— “(a) placed on board any craft for transportation to a point outside New Zealand; or taken into a Customs controlled area or Customs place for re­ moval from New Zealand; or delivered as a postal article into the control of a postal service provider for removal from New Zealand “(b) “(c) “foreign cultural institution means a museum, religious or secular public monument, or similar institution in a State, other than New Zealand, that is a party to the UNESCO Convention 5 Part 1 s 7 Protected Objects Amendment Act 2006 2006 No 37 “foreign public collection means a group of inventoried or otherwise identiﬁed cultural objects owned by— “(a) that is a party to the a State, other than New Zealand, UNIDROIT Convention; or a regional or local authority of that State; or a religious institution in that State; or an institution that is— “(i) “(b) “(c) “(d) established for an essentially cultural, educational, or scientiﬁc purpose in that State; and recognised in that State as serving the public interest “(ii) “import, in relation to an object, means the arrival of that object in New Zealand in any manner, whether lawfully or unlawfully, from a point outside New Zealand “Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the admin­ istration of this Act “nga taonga tuturu means 2 or more taonga tuturu “object includes a collection or assemblage of objects “protected foreign object means an object in or from a foreign State that is of
 importance for archaeology, prehistory, history, literature, art, or science and that belongs to the following categories “(a) rare collections and specimens of fauna, ﬂora, minerals, and anatomy, and objects of palaeontological interest: “(c) “(b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists, and artists, and to events of national importance: products of archaeological excavations (whether or not per­ mitted) or of archaeological discoveries: elements of artistic or historical monuments or archaeological sites which have been dismembered: antiquities more than 100 years old, such as inscriptions, coins, and engraved seals: objects of ethnological interest: “(f) “(g) property of artistic interest, including (but not limited to)— “(d) “(e) “(i) pictures, paintings, and drawings produced entirely by hand on any support and in any material (excluding in­ dustrial designs and manufactured articles decorated by hand): 6 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 7 “(ii) original works of statuary art and sculpture in any ma­ terial: “(iii) original engravings, prints, and lithographs: “(iv) original artistic assemblages and montages in any ma­ terial: “(h) “(i) “(j) “(k) rare manuscripts and incunabula, old books, documents, and publications of special interest singly or in collections: postage, revenue, and similar stamps, singly or in collections: archives, including sound, photographic, and cinematographic archives: articles of furniture more than 100 years old and old musical instruments “(b) “protected New Zealand object means an object forming part of the movable cultural heritage of New Zealand that— “(a) is of importance to New Zealand, or to a part of New Zealand, for aesthetic, archaeological, architectural, artistic, cultural, historical, literary, scientiﬁc, social, spiritual, technological, or traditional reasons; and falls
 within 1 or more of the categories of protected objects set out in Schedule 4 “reciprocating State means— “(a) a State, other than New Zealand, that— “(i) “(ii) is a party to the UNIDROIT Convention; or is a party to the UNESCO Convention and provides New Zealand with treatment substantially the same as the treatment New Zealand provides under sections 10A to 10C; or “(b) a State that is speciﬁed in regulations made under section 22 “stolen protected foreign object includes (but is not limited to) an object that was, in accordance with the law of the relevant State,— “(a) “(b) “taonga tuturu means an object that— “(a) “(b) was, or appears to have been,— unlawfully excavated; or lawfully excavated but unlawfully retained relates to Maori culture, history, or society; and “(i) manufactured or modiﬁed in New Zealand by Maori; or “(ii) brought into New Zealand by Maori; or “(iii) used by Maori; and is more than 50 years old “(c) 7 Part 1 s 7 Protected Objects Amendment Act 2006 2006 No 37 “UNESCO Convention means the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, done at Paris on 14 November 1970, a copy of the English text of which is set out in Schedule 2 “UNIDROIT Convention means the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, done at Rome on 24 June 1995, a copy of the English text of which is set out in Schedule 3 “unique means not existing in any other identical form “unlawfully exported protected foreign object means a protected foreign object exported from a reciprocating State in contravention of its laws; and includes (but is not limited to) an object that— “(a) has been temporarily exported from a State for purposes such as exhibition, research, or restoration under a permit issued by that State; and “(b) has not been returned to that State when required by that per­ (3) (4) mit”.
Section 2 is amended by— (a) (c) (b) omitting from the deﬁnition of collector “artifacts” and substituting “taonga tuturu”; and omitting from the deﬁnition of found “artifact” in each place where it appears and substituting in each case “taonga tuturu”; and omitting from the deﬁnition of replica of an artifact— “an artifact” and substituting “a taonga tu­ (i) turu”; and “individual artifact” and substituting “individual taonga tuturu”.
Section 2 is amended by— (a) inserting in paragraph (a) of the deﬁnition of relative “, civil union partner, or de facto partner” after “spouse”; and inserting in paragraph (c) of the deﬁnition of relative “, in a civil union, or in a de facto relationship” after “marriage”.
(ii) (b) (5) Section 2 is amended by adding the following subsection as subsection (2): 8 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 10 “(2) Every reference in any enactment enacted, and in any docu­ ment made, before the commencement of the Protected Ob­ jects Amendment Act 2006 to— “(a) the word artifact as deﬁned in this Act before the com­ mencement of the Protected Objects Amendment Act 2006 must, unless the context otherwise requires, be read as taonga tuturu as deﬁned in this Act immedi­ ately after the commencement of the Protected Objects Amendment Act 2006; and the word antiquity as deﬁned in this Act before the commencement of the Protected Objects Amendment Act 2006 must, unless the context otherwise requires, be read as protected New Zealand object as deﬁned in this Act immediately after the commencement of the Protected Objects Amendment Act 2006.” “(b) 8 (1) (2) (3) 9 10 Minister may acquire antiquities The heading to section 4 is amended by omitting “antiquities” and substituting “protected New Zealand objects”.
Section 4(1) is amended by omitting “antiquity” and substitut­ ing “protected New Zealand object”.

Section 4(2) is amended by omitting “antiquity” and substitut­ ing “protected New Zealand object”.

Sections 5 to 7 repealed Sections 5 to 7 are repealed.
New Part 1 inserted The following Part is inserted before section 8: “Part1 “Protected New Zealand objects, unlawfully exported protected foreign 9 Part 1 s 10 Protected Objects Amendment Act 2006 2006 No 37 objects, and stolen protected foreign objects “Protected New Zealand objects Export prohibition “5 “(1) A person may not export, or attempt to export, a protected New Zealand object from New Zealand— “(a) unless— “(i) that person has submitted to the chief executive an application for permission to export that ob­ ject; and the chief executive has— “(A) granted the application for permission to “(ii) export; and “(B) provided that person with a certiﬁcate of permission under section 7H to export that object; and “(iii) the export conforms with any terms and condi­ tions imposed by that authorisation; or “(b) unless the chief executive, by notice in the Gazette, exempts any category or categories of protected New Zealand objects from the provisions of this section if he or she is satisﬁed that sufﬁcient examples of that cat­ egory or those categories are held in public ownership in New Zealand.
“(2) Every person who exports, or attempts to export, a protected New Zealand object, other than in accordance with subsection (1) or without reasonable excuse in the circumstances, com­ mits an offence and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $100,000 or a term of imprisonment not exceeding 5 years, or to both: in the case of a body corporate, to a ﬁne not exceeding $200,000.
“(b) “Compare: UNESCO Convention, art 3 10 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 10 “6 Applications for permission to export protected New Zealand objects “(1) An application for permission to export a protected New be in the form prescribed by the chief executive; and to the satisfaction of the chief execu­ Zealand object from New Zealand must— “(a) “(b) demonstrate, tive,— “(i) that the applicant has undisputed title to that ob­ ject; and if the object is held in trust, that all of the trustees support the application.
“(ii) “(2) Nothing in this section applies to any object lawfully taken and ordinarily kept outside New Zealand but temporarily within New Zealand.
“7 Chief executive must refuse or grant applications for permission to export “(1) The chief executive must, in writing,— “(a) refuse to grant an application for permission to export; or “(b) grant that application for permission to export— “(i) “(ii) unconditionally; or subject to any terms and conditions that the chief executive considers appropriate in the circum­ stances.
“(2) If the chief executive grants an application for permission to export, he or she must provide the applicant with written no­ tice of the terms and conditions imposed under subsection (1)(b)(ii) (if any).
“7A Chief executive may not grant applications for permission to export in certain circumstances “(1) The chief executive may not grant an application for permis­ sion to export if the chief executive determines that the ob­ ject— “(a) is— “(i) “(ii) a protected New Zealand object; and substantially physically authentic and— 11 Part 1 s 10 Protected Objects Amendment Act 2006 2006 No 37 “(A) made or naturally occurring in New Zealand; or “(B) made with New Zealand materials; or “(C) used by New Zealanders; or related to New Zealand; and “(D) “(b) is— “(i) “(ii) associated with, or representative of, activities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or important to New Zealand for its technical ac­ complishment or design, artistic excellence, or symbolic, commemorative, or research value; or “(iii) part of a wider historical, scientiﬁc, or cultural collection or assemblage of importance to New Zealand; and “(c) is of such signiﬁcance to New Zealand or part of New Zealand that its export from New Zealand would sub­ stantially diminish New Zealand’s cultural heritage.
“(2) Despite subsection (1), and without limiting section 7(1)(b)(ii) or section 8(1), the chief executive may grant an application that meets the criteria speciﬁed in that subsection if the grant is subject to the condition that the object be returned to New Zealand by a speciﬁed date.

In making a determination under subsection (1), the chief ex­ ecutive must have regard to the advice of 2 or more expert examiners.
“(3) “Expert examiners “7B Expert examiners “(1) When determining an application for permission to export, the chief executive must consult 2 or more expert examiners.

“(2) For the purposes of subsection (1), the chief executive must establish and maintain a register of expert examiners.

“(3) The chief executive must be satisﬁed that the expert examiners with whom he or she consults are experts in the ﬁeld relevant to the particular application for permission to export.
12 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 10 “7C Matters expert examiners must consider With respect to examining an object subject to an application for permission to export, the relevant expert examiner must have regard to the matters speciﬁed in section 7A(1).
“7D Expert examiners must recommend that applications for permission to export not be granted in certain circumstances An expert examiner must provide the chief executive with a recommendation not to grant an application for permission to export if the protected New Zealand object is of such signiﬁ­ cance to New Zealand or part of New Zealand that its ex­ port from New Zealand would substantially diminish New Zealand’s cultural heritage.
“7E Protection from liability No expert examiner may be held personally liable for any ad­ vice or recommendation that the expert examiner provides in good faith in relation to sections 7A to 7D.

“Registered objects “7F Register “(1) The chief executive must establish and maintain a register of objects, or categories of objects, of national signiﬁcance.
“(2) The register— “(a) must include (but is not limited to) any protected New Zealand object in respect of which the chief executive has refused to grant an application for permission to export; and “(b) may include any protected New Zealand object— “(i) “(ii) that its owner submits for inclusion in the regis­ ter; and that is of such signiﬁcance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cultural heritage.
“(3) An object may only be removed from the register if it no longer meets the criteria speciﬁed in subsection (2).

13 Part 1 s 11 Protected Objects Amendment Act 2006 2006 No 37 “(4) The register is not available for public inspection.

“7G Registered object may not be permanently exported “(1) A registered object may not be permanently exported from “(2) New Zealand.
If a registered object is permanently exported from New Zealand, the chief executive may take any appropriate action that he or she thinks ﬁt to seek to have the object returned to New Zealand.
“Certiﬁcate of permission “7H Certiﬁcate of permission If permission is granted by the chief executive for the export of a protected New Zealand object, a certiﬁcate must be issued to the applicant under the hand of the chief executive.” Conditions imposed by chief executive Section 8(1) is amended by omitting “antiquity” in each place where it appears and substituting in each case “protected New Zealand object”.
Appeal against chief executive’s decision Section 9(1) is amended by omitting “his” and substituting “his or her”.

Section 9(1) is amended by omitting “antiquity” and substitut­ ing “protected New Zealand object”.

Section 9(1) is amended by omitting “he” and substituting “the Minister”.

Application of Customs and Excise Act 1996 Section 10(1) is amended by omitting “antiquity” and substi­ tuting “protected New Zealand object”.
Section 10(1) is amended by omitting “other than section 235” and substituting “except sections 229, 235, 236(2) to (4), and 237 of that Act”.
Section 10 is amended by inserting the following subsections after subsection 1: 11 12 (1) (2) (3) 13 (1) (2) (3) 14 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 13 “(1A) The powers conferred on Customs ofﬁcers under the Customs and Excise Act 1996 (except sections 229, 235, 236(2) to (4), and 237 of that Act) apply in relation to the export of a pro­ tected New Zealand object.
“(1B) The forfeiture of an object under subsection (1) is not depend­ (4) ent on the seizure of that object.” Section 10(2) is amended by— (a) omitting “antiquity” in each place where it appears and substituting in each case “protected New Zealand ob­ ject”; and omitting “condemned”, and substituting “seized”; and omitting “Minister” in each place where it appears and substituting in each case “chief executive”; and omitting “Minister’s” and substituting “chief execu­ tive’s”.
(b) (c) (d) Section 10 is amended by adding the following subsections: (5) “(3) Subject to the provisions of this Act,— “(4) “(a) “(b) the provisions of the Customs and Excise Act 1996 re­ lating to unlawful imports (except sections 229, 235, 236(2) to (4), and 237 of that Act) apply to an unlaw­ fully exported protected foreign object; and that object is to be treated as a prohibited import under section 54 of that Act.
transferred to the Ministry; and If the New Zealand Customs Service seizes an unlawfully ex­ ported protected foreign object or a stolen protected foreign object, that object must be— “(a) “(b) held by the Ministry, in accordance with the directions of the chief executive (if any), until any proceedings related to that object under this Act or the Customs and Excise Act 1996 are completed.
“(5) Despite anything in the Customs and Excise Act 1996 or any other enactment,— “(a) a prosecution for an offence under this Act or the Cus­ toms and Excise Act 1996 with respect to a protected New Zealand object— “(i) may be commenced at any time within 5 years from the date on which that offence was commit­ ted; but 15 Part 1 s 14 Protected Objects Amendment Act 2006 2006 No 37 “(ii) may not be commenced after the expiration of 5 years from the date on which that offence was committed; and “(b) no customs duties or taxes are payable in respect of a protected foreign object whose return is ordered by a court under section 10B or section 10E.” 14 New headings and sections 10A to 10F inserted The following headings and sections are inserted after section 10: “Unlawfully exported protected foreign objects “10A Import prohibitions A person may not import into New Zealand an unlawfully ex­ ported protected foreign object.
“Compare: UNESCO Convention, arts 3, 7 “10B Claims for return of unlawfully exported protected foreign objects “(1) A reciprocating State may bring a claim in a court of compe­ tent jurisdiction for the return of an unlawfully exported pro­ tected foreign object against the person who possesses that ob­ ject within— “(a) 3 years of the date on which the claimant knew— “(i) “(ii) the location of that object; and the identity of the possessor of that object; and “(b) 50 years of the date on which that object— “(i) was unlawfully exported; or “(ii) should have been returned to that State under a permit for temporary export issued by that State.
“(2) The court must order the return of the unlawfully exported protected foreign object if the claimant establishes that— “(a) the removal of that object from the claimant’s territory signiﬁcantly impairs 1 or more of the following inter­ ests: “(i) the physical preservation of that object or its con­ text: the integrity of a complex object: “(ii) 16 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 14 “(iii) the preservation of information, including (but not limited to) information of a scientiﬁc or his­ torical character: the traditional or ritual use of that object by a tribal or indigenous community; or “(iv) the object is of signiﬁcant cultural importance for the claimant.
“(b) “Compare: UNIDROIT Convention, art 5 “10C Compensation for and costs of returning unlawfully “(1) “(2) “(3) exported protected foreign objects If a court orders the return of an unlawfully exported protected foreign object, the relevant reciprocating State must, at the time of the return, pay fair and reasonable compensation to the person who possesses that object, provided that— “(a) the object was acquired after it was unlawfully ex­ ported; and the person did not know, and could not reasonably be expected to have known, that the object, at the time it was acquired, was unlawfully exported.
“(b) In determining whether the person knew, or could reasonably be expected to have known, that the object was unlawfully ex­ ported, a court must have regard to the circumstances of the acquisition, including (but not limited to) the absence of an export certiﬁcate issued under the law of the relevant recipro­ cating State.
If the relevant reciprocating State agrees, the person required to return an unlawfully exported protected foreign object may, in lieu of compensation,— “(a) “(b) retain ownership of that object; or transfer ownership, gratuitously or against payment, to a person who— “(i) “(ii) provides any guarantees required by that State.
resides in that State; and “(4) The relevant reciprocating State must, without prejudice to its right to recover costs from any other person, meet the cost of returning an unlawfully exported protected foreign object under this section.
17 Part 1 s 14 Protected Objects Amendment Act 2006 2006 No 37 “(5) Despite anything in this section, if a person required to return an unlawfully exported protected foreign object acquired that object gratuitously (by inheritance or otherwise), that person may not be placed in a position more favourable than the pos­ ition of the person from whom that object was acquired.
“Compare: UNIDROIT Convention, arts 6, 9(1) “Stolen protected foreign objects “10D Objects stolen from foreign cultural institution “(1) This section applies if— “(a) “(b) a protected foreign object that is documented as being part of the inventory of a foreign cultural institution is stolen and imported into New Zealand; and the relevant reciprocating State provides New Zealand with the documentation and other evidence to establish its claim for the recovery and return of that object to the chief executive.
“(2) If this section applies, the chief executive must,— “(a) at the request of the relevant reciprocating State, ask the New Zealand Customs Service to— “(i) seize that object pursuant to its powers under the Customs and Excise Act 1996 (except sections 229, 235, 236(2) to (4), and 237 of that Act); and transfer that object to the Ministry; and “(ii) if that object is seized, return that object to that State if that State pays— “(i) just compensation to any person who— “(A) has valid title to that object; or “(B) all costs with respect to the return and delivery of the object.
“Compare: UNESCO Convention, art 7(b)(ii) is an innocent purchaser; and “(ii) “(b) “10E Restitution of stolen protected foreign objects “(1) A person in possession of a stolen protected foreign object must return that object to its rightful owner.
18 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 14 “(2) A claim for the restitution of a stolen protected foreign object against the person who possesses that object may be brought in a court of competent jurisdiction within— “(a) 3 years of the date on which the claimant knew— “(i) “(ii) the location of that object; and the identity of the possessor of that object; and “(b) 50 years of the date on which that object was stolen.
“(3) Subsection (2)(b) does not apply if— “(a) “(b) that object— “(i) forms an integral part of an identiﬁed monument or archaeological site in the relevant reciprocat­ ing State; or is part of a foreign public collection; or “(ii) that object— “(i) was made by a member or members of a tribal or indigenous community for traditional or ritual use by that community; and is to be returned to that community.
“(ii) “(4) Except as provided in section 10D(2)(b), no compensation is payable for the restitution of a stolen protected foreign object.

“(5) Despite anything in the Limitation Act 1950, any claim that the person who possesses the stolen protected foreign object may have against the person from whom that object was acquired may be brought within 2 years of the date on which the order for restitution was made.
“Compare: UNIDROIT Convention, arts 3, 4 “Application “10F Application of certain sections “(1) Sections 10A to 10C only apply to unlawfully exported pro­ tected foreign objects that are exported from a reciprocating State on or after the commencement of this section.

“(2) Sections 10D and 10E only apply to stolen protected foreign objects that are stolen on or after the commencement of this section.
“(3) Sections 10A to 10C do not apply if— “(a) the export of a protected foreign object is no longer un­ lawful in the relevant reciprocating State at the time that 19 Part 1 s 15 Protected Objects Amendment Act 2006 2006 No 37 “(b) the object is imported into New Zealand or its return is requested; or the protected foreign object was exported from the rele­ vant reciprocating State during the lifetime of the per­ son who created it or within a period of 50 years follow­ ing the death of that person.
“(4) Despite subsection (3)(b), sections 10A to 10C apply if— “(a) a protected foreign object was made by a member or members of a tribal or indigenous community for trad­ itional or ritual use; and “(b) that object is to be returned to that community.

In any proceedings under sections 10B or 10E, or in support of any similar proceedings in a reciprocating State, the court may grant any interim relief that it considers appropriate.

“Compare: UNIDROIT Convention, arts 7, 8(3), and 10”.
New Part heading inserted The following Part heading is inserted before section 11: “Part2 “Nga taonga tuturu ownership and Maori Land Court”.

Establishing ownership and custody of artifacts The heading to section 11 is amended by omitting “artifacts” and substituting “nga taonga tuturu”.

Section 11(1) is amended by omitting “artifact” in each place where it appears and substituting in each case “taonga tuturu”.
Section 11(2) is amended by— (a) omitting “artifact” in each place where it appears and substituting in each case “taonga tuturu”; and omitting “Minister” and substituting “chief executive”; and inserting “or occupation” after “virtue of ownership”.

(c) Section 11(3) is amended by omitting “artifact” in each place where it appears and substituting in each case “taonga tuturu”.
Section 11 is amended by repealing subsections (4) and (5) and substituting the following subsections: (b) “(5) 15 16 (1) (2) (3) (4) (5) 20 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 16 “(4) Upon receipt of a notiﬁcation in accordance with subsection (3), the chief executive must— “(a) take the action that the chief executive considers appro­ priate to— “(i) provide for the examination of the taonga tuturu, its care, its recording, and its custody on such conditions as the chief executive considers ﬁt; and “(ii) notify any parties that may have an interest in the taonga tuturu; and “(5) “(6) “(b) publish a public notice that calls for claims of ownership to be lodged with the chief executive within 60 working days of the date on which the notice is published.
If only 1 claim of ownership is lodged, the chief executive must, if satisﬁed that the claim is valid, apply to the Registrar of the Maori Land Court for an order that conﬁrms the owner or owners of the taonga tuturu.
If 2 or more competing claims are lodged, the chief executive must— “(a) consult the claimants for the purpose of resolving the competing claims; and if satisﬁed that the competing claims have been resolved and that the resolution is valid, apply to the Registrar of the Maori Land Court for an order that conﬁrms the owner or owners of the taonga tuturu.
“(b) “(7) If 2 or more competing claims are lodged, and cannot be re­ solved, the chief executive may, if requested by a claimant, facilitate the applications of any or all of the claimants to the Maori Land Court.

“(8) For the purposes of this section, ownership, whether actual or traditional, includes (but is not limited to) collective or joint ownership.
“(9) Every person who ﬁnds a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, and who contravenes subsection (3), commits an offence and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: 21 Part 1 s 17 Protected Objects Amendment Act 2006 2006 No 37 “(b) in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” 17 Maori Land Court’s jurisdiction over artifacts (1) The heading to section 12 is amended by omitting “artifacts” and substituting “nga taonga tuturu”.
Section 12(1) is amended by omitting “artifact” in the ﬁrst place where it appears and substituting “taonga tuturu”.

Section 12(1)(a) is amended by— (a) omitting “Minister” and substituting “chief executive”; and omitting “an artifact” and substituting “a taonga tuturu”.

(b) Section 12(1)(b) is amended by omitting “artifact” and substi­ tuting “taonga tuturu”.

Section 12(1)(c) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 12(1)(d) is amended by— (a) (b) omitting “artifact” and substituting “taonga tuturu”; and omitting “him by the Maori Affairs Act 1953” and sub­ stituting “him or her by Te Ture Whenua Maori Act 1993”.

Section 12(1)(e) is amended by omitting “artifact” and substi­ tuting “taonga tuturu”.
Section 12(1)(g) is amended by— (a) (b) omitting “artifact” and substituting “taonga tuturu”; and omitting “section 443 of the Maori Affairs Act 1953” and substituting “section 222 of Te Ture Whenua Maori Act 1993”.

Section 12(2) is amended by— (a) omitting “artifact” in the ﬁrst and third places where it appears and substituting in each case “taonga tuturu”; and omitting “an artifact” and substituting “a taonga tu­ turu”; and omitting “Maori custom” and substituting “Maori cus­ tom”.
(b) (c) (2) (3) (4) (5) (6) (7) (8) (9) 22 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 19 (10) Section 12(3) is amended by omitting “section 30(1)(f) of the Maori Affairs Act 1953 shall apply” and substituting “section 19(1)(b) of Te Ture Whenua Maori Act 1993 apply”.
(11) Section 12 is amended by adding the following subsection: “(4) To avoid doubt, section 30 of Te Ture Whenua Maori Act 1993, and any other relevant provision in that Act, applies to any claim for ownership or any appeal lodged under this Act.” 18 19 (1) (2) (3) (4) New Part heading inserted The following Part heading is inserted after section 12: “Part3 “Miscellaneous”.

Disposal of artifacts The heading to section 13 is amended by omitting “artifacts” and substituting “nga taonga tuturu”.
Section 13(1) is amended by— (a) omitting “artifact” in the ﬁrst place where it appears and substituting “taonga tuturu”; and (b) omitting “an artifact” and substituting “a taonga tuturu”.

Section 13(2) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 13(3) is amended by— (a) (b) omitting “his” and substituting “his or her”; and omitting “he” and substituting “the chief executive”; and omitting “artifacts” in both places where it appears and substituting in each case “nga taonga tuturu”.
(c) (5) Section 13 is amended by repealing subsection (4) and substi­ tuting the following subsection: “(4) Every person, other than a registered collector, who contra­ venes the provisions of this section commits an offence and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” “(b) 23 Part 1 s 20 Protected Objects Amendment Act 2006 2006 No 37 (6) (7) 20 (1) (2) (3) Section 13(5) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 13(6) is amended by— (a) (b) omitting “artifact” and substituting “taonga tuturu”; and omitting “his” and substituting “his or her”.

Registration of collectors Section 14(1) is amended by— (a) (b) omitting “his” and substituting “his or her”; and omitting “artifacts” in both places where it appears and substituting in each case “nga taonga tuturu”; and omitting “artifact” and substituting “taonga tuturu”.

(c) Section 14(2) is amended by omitting “artifacts” and substi­ tuting “nga taonga tuturu”.
Section 14(3) is amended by— (a) omitting “his” in both places where it appears and sub­ stituting in each case “his or her”; and omitting “His” and substituting “his or her”; and omitting “He” in both places where it appears and sub­ stituting in each case “he or she”.

(b) (c) (5) (4) Section 14(4) is amended by omitting “artifacts” and substi­ tuting “nga taonga tuturu”.
Section 14 is amended by repealing subsection (6) and substi­ tuting the following subsections: “(6) Every person commits an offence who,— not being a registered collector,— “(i) “(a) acquires or attempts to acquire a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, otherwise than in ac­ cordance with any provision of this Act; or falsely declares to any person that he or she is a registered collector; or “(ii) “(b) being a registered collector, fails to comply with any of the conditions of registration speciﬁed in subsection (3).
“(7) Every person who commits an offence under subsection (6) is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: 24 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 22 “(b) in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” 21 New section 14A inserted The following section is inserted after section 14: “14A Duties of executors “(1) If a registered collector dies, the executor of the estate of that collector must, as soon as practicable (but no later than 90 days after the death of that collector), notify the chief executive that the collector has died.
“(2) Every person who knowingly contravenes subsection (1) com­ mits an offence and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000: in the case of a body corporate, to a ﬁne not exceeding $20,000.” “(b) 22 (1) (2) (3) (4) (5) Licensing of auctioneers and secondhand dealers Section 15(1) is amended by— (a) omitting “artifacts” in both places where it appears and substituting in each case “nga taonga tuturu”; and omitting “he” and substituting “he or she”.
(b) Section 15(2) is amended by omitting “He” in each place where it appears and substituting in each case “he or she”.

Section 15(2)(a) is amended by— (a) omitting “every artifact” and substituting “every taonga tuturu”; and omitting “an artifact” and substituting “a taonga tuturu”.

(b) Section 15(2)(b) is amended by— (a) omitting “artifact” in the ﬁrst and third places where it appears and substituting in each case “taonga tuturu”; and omitting “an artifact” and substituting “a taonga tuturu”.
(b) Section 15(2)(c) is amended by— (a) omitting “artifacts” and substituting “nga taonga tu­ turu”; and omitting “he” and substituting “he or she”; and (b) 25 Part 1 s 22 Protected Objects Amendment Act 2006 2006 No 37 (c) omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
(6) (7) (8) Section 15(2)(d) is amended by— (a) omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”; and omitting “him” and substituting “him or her”.

(b) Section 15(2)(e) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.

Section 15(2)(f) is amended by— (a) omitting “an artifact” and substituting “a taonga tu­ turu”; and omitting “artifacts” and substituting “nga taonga tu­ turu”.
(b) (9) Section 15(2)(h) is amended by omitting “his” and substituting “his or her”.
(10) Section 15 is amended by repealing subsection (6) and substi­ tuting the following subsections: “(6) Every person commits an offence who,— “(a) in a manner contrary to the provisions of this section, purchases or attempts to purchase, or sells or attempts to sell, a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, or falsely de­ clares to any person that he or she is a licensed auction­ eer or a licensed secondhand dealer; or “(b) being a licensed auctioneer or a licensed secondhand dealer, fails to comply with any of the conditions of his or her licence speciﬁed in subsection (2).
“(7) Every person who commits an offence under subsection (6) is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” “(b) 26 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 25 23 (1) (2) (3) (4) (5) 24 (1) (2) Certiﬁcate of examination to be issued by authorised public museum Section 16(1) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 16(2) is amended by omitting “artifact” and substitut­ ing “taonga tuturu”.

Section 16(3) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.

Section 16(4) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 16(4) is amended by omitting “to a ﬁne not exceeding $500” and substituting “, in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu or, in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu”.

Disclosure of information Section 17(1) is amended by omitting “artifact” in both places where it appears and substituting in each case “taonga tuturu”.
Section 17(2) is repealed and the following subsection substi­ tuted: “(2) Every person who knowingly acts in contravention of subsec­ tion (1) commits an offence and is liable on summary convic­ tion,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” “(b) 25 (1) (2) (3) Replica of artifact The heading to section 18 is amended by omitting “artifact” and substituting “taonga tuturu”.
Section 18(1) is amended by omitting “artifact” and substitut­ ing “taonga tuturu”.
Section 18 is amended by repealing subsection (2) and substi­ tuting the following subsection: 27 Part 1 s 26 Protected Objects Amendment Act 2006 2006 No 37 “(2) Every person who, without reasonable cause, fails to comply with the provisions of subsection (1) commits an offence, and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each taonga tuturu: in the case of a body corporate, to a ﬁne not exceeding $20,000 for each taonga tuturu.” “(b) 26 New section 18A inserted The following section is inserted after section 18: “18A Wilful damage Every person who wilfully damages or destroys an object that is subject to an export application, or has been refused export permission under this Act, commits an offence, and is liable on summary conviction,— “(a) in the case of an individual, to a ﬁne not exceeding $10,000 for each object or a term of imprisonment not exceeding 2 years: in the case of a body corporate, to a ﬁne not exceeding $20,000 for each object.” “(b) Section 19 repealed Section 19 is repealed.
Annual report Section 20 is amended by— (a) (b) omitting “his” and substituting “his or her”; and omitting “the artifacts” in both places where it appears and substituting in each case “nga taonga tuturu”; and omitting “antiquities” and substituting “protected New Zealand objects”.

(c) Saving of other enactments Section 21 is amended by omitting “he” and substituting “he or she”.
New section 22 substituted Section 22 is repealed and the following section substituted: 27 28 29 30 28 2006 No 37 Protected Objects Amendment Act 2006 Part 1 s 32 “22 Regulations The Governor­General may, by Order in Council, make regu­ lations— “(a) specifying that a particular object is a protected New Zealand object if that object— “(i) is substantially physically authentic and is— “(A) made or naturally occurring in New “(ii) Zealand; or “(B) made with New Zealand materials; or “(C) used by New Zealanders; or “(D) related to New Zealand; and is— “(A) associated with, or representative of, ac­ tivities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or important to New Zealand for its technical accomplishment or design, artistic excel­ lence, or symbolic, commemorative, or re­ search value; or “(B) “(C) part of a wider historical, scientiﬁc, or cul­ tural collection or assemblage of import­ ance to New Zealand; and “(iii) is of such signiﬁcance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cul­ tural heritage; and specifying that a State is a reciprocating State; and providing for any matters that are contemplated by this Act, or necessary for giving full effect to its provisions and for its due administration.
“(b) “(c) “Compare: 1962 No 37, s 16”.

Schedule amended The Schedule is amended by omitting the heading “Schedule” and substituting the heading “Schedule 1”.

New schedules added The schedules set out in Schedule 1 are added.
31 32 29 Part 2 s 33 Protected Objects Amendment Act 2006 2006 No 37 Part 2 Consequential amendments Amendment to Gambling (Prohibited Property) Regulations 2005 Regulation 4(d) of the Gambling (Prohibited Property) Regulations 2005 is revoked and the following paragraph substituted: a taonga tuturu (within the meaning of the Protected Objects Act 1975):”.
Amendments to Maori Land Court Rules 1994 Rule 46(1) of the Maori Land Court Rules 1994 is amended by adding “; or” and also by adding the following paragraph: an application is made under section 11(5) or section 11(6) of the Protected Objects Act 1975 for an order recording the ownership of a taonga tuturu.” The heading to rule 163 of the Maori Land Court Rules 1994 is amended by omitting “Antiquities” and substituting “Pro­ tected Objects”.
Rule 163(1) of the Maori Land Court Rules 1994 is amended by omitting “Antiquities” and substituting “Protected Ob­ jects”.

Rule 163(2) of the Maori Land Court Rules 1994 is amended by omitting “Antiquities” and substituting “Protected Ob­ jects”.

Consequential amendments to other Acts The Acts speciﬁed in Schedule 2 are consequentially amended in the manner indicated in that schedule.
33 “ “(d) 34 (1) “ “(g) (2) (3) (4) 35 30 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 1 New Schedules 2, 3, and 4 added to principal Act Schedule 2 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property s 32 s 2(1) Preamble Done at Paris, 14 November 1970 Entry into force, 24 April 1972 Preamble The General Conference of the United Nations Educational, Scien­ tiﬁc and Cultural Organization, meeting in Paris from 12 October to 14 November 1970, at its sixteenth session, Recalling the importance of the provisions contained in the Dec­ laration of the Principles of International Cultural Co­operation, adopted by the General Conference at its fourteenth session, Considering that the interchange of cultural property among na­ tions for scientiﬁc cultural and educational purposes increases the knowledge of the civilization of Man, enriches the cultural life of all peoples and inspires mutual respect and appreciation among nations, Considering that cultural property constitutes one of the basic elem­ ents of civilization and national culture, and that its true value can be appreciated only in relation to the fullest possible information re­ garding its origin, history and traditional setting, Considering that it is incumbent upon every State to protect the cul­ tural property existing within its territory against the dangers of theft, clandestine excavation, and illicit export, Considering that, to avert these dangers, it is essential for every State to become increasingly alive to the moral obligations to respect its own cultural heritage and that of all nations, Considering that, as cultural institutions, museums, libraries and archives should ensure that their collections are built up in accord­ ance with universally recognized moral principles, 31 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued Considering that the illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between na­ tions which it is part of Unesco’s mission to promote by recommend­ ing to interested States, international conventions to this end, Considering that the protection of cultural heritage can be effective only if organized both nationally and internationally among States working in close co­operation, Considering that the Unesco General Conference adopted a Recom­ mendation to this effect in 1964, Having before it further proposals on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cul­ tural property, a question which is on the agenda for the session as item 19.
Having decided, at its ﬁfteenth session, that this question should be made the subject of an international convention, Adopts this Convention on the fourteenth day of November 1970.
Article 1 For the purposes of this Convention, the term ‘cultural property’ means property which, on religious or secular grounds, is speciﬁcally designated by each State as be­ ing of importance for archaeology, prehistory, history, literature, art or science and which belongs to the fol­ lowing categories: a. rare collections and specimens of fauna, ﬂora, minerals and anatomy, and objects of palaeonto­ logical interest; property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national im­ portance; products of archaeological excavations (includ­ ing regular and clandestine) or of archaeological discoveries; b. c. 32 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued d. e. f. g. h. i. j. k. elements of artistic or historical monuments or archaeological sites which have been dismem­ bered; antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; objects of ethnological interest; property of artistic interest, such as: i. pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); original works of statuary art and sculpture in any material; original lithographs; original artistic assemblages and montages in any material; engravings, prints and ii.
iii.

iv.

rare manuscripts and incunabula, old books, documents and publications of special inter­ est (historical, artistic, scientiﬁc, literary, etc.)

singly or in collections postage, revenue and similar stamps, singly or in collections; archives, cinematographic archives; articles of furniture more than one hundred years old and old musical instruments.

including sound, photographic and Article 2 1.


The States Parties to this Convention recognize that the illicit import, export and transfer of ownership of cul­ tural property is one of the main causes of the impover­ ishment of the cultural heritage of the countries of ori­ gin of such property and that international co­operation constitutes one of the most efﬁcient means of protecting each country’s cultural property against all the dangers resulting therefrom.
33 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued 2.

To this end, the States Parties undertake to oppose such practices with the means at their disposal, and particu­ larly by removing their causes, putting a stop to current practices, and by helping to make the necessary repara­ tions.
Article 3 Article 4 The import, export or transfer of ownership of cultural property effected contrary to the provisions adopted under this Convention by the States Parties thereto, shall be illicit.

The States Parties to this Convention recognize that for the purpose of the Convention property which belongs to the following categories forms part of the cultural heritage of each State: a.
Cultural property created by the individual or collective genius of nationals of the State con­ cerned, and cultural property of importance to the State concerned created within the territory of that State by foreign nationals or stateless per­ sons resident within such territory; cultural property found within the national terri­ tory; cultural property acquired by archaeological, eth­ nological or natural science missions, with the consent of the competent authorities of the coun­ try of origin of such property; cultural property which has been the subject of a freely agreed exchange; cultural property received as a gift or purchased legally with the consent of the competent author­ ities of the country of origin of such property.
b. c. d. e. 34 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued Article 5 To ensure the protection of their cultural property against illicit import, export and transfer of ownership, the States Parties to this Convention undertake, as appropriate for each country, to set up within their territories one or more national services, where such services do not already exist, for the protection of the cultural heritage, with a qualiﬁed staff sufﬁcient in number for the effective carrying out of the following functions: a. contributing to the formation of draft laws and regulations designed to secure the protection of the cultural heritage and particularly prevention of the illicit import, export and transfer of own­ ership of important cultural property; establishing and keeping up to date, on the basis of a national inventory of protected property, a list of important public and private cultural prop­ erty whose export would constitute an apprecia­ ble impoverishment of the national cultural her­ itage; promoting the development or the establishment of scientiﬁc and technical institutions (museums, libraries, archives, laboratories, workshops .
.

.)

required to ensure the preservation and presenta­ tion of cultural property; organizing the supervision of archaeological ex­ cavations, ensuring the preservation ‘in situ’ of certain cultural property, and protecting certain areas reserved for future archaeological research; establishing, for the beneﬁt of those concerned (curators, collectors, antique dealers, etc.)
rules in conformity with the ethical principles set forth in this Convention; and taking steps to ensure the observance of those rules; taking educational measures to stimulate and develop respect for the cultural heritage of all 35 b. c. d. e. f. Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued States, and spreading knowledge of the provi­ sions of this Convention; seeing that appropriate publicity is given to the disappearance of any items of cultural property.
g. Article 6 The States Parties to this Convention undertake: a. to introduce an appropriate certiﬁcate in which the exporting State would specify that the ex­ port of the cultural property in question is autho­ rized.
The certiﬁcate should accompany all items of cultural property exported in accordance with the regulations; to prohibit the exportation of cultural property from their territory unless accompanied by the above­mentioned export certiﬁcate; to publicize this prohibition by appropriate means, particularly among persons likely to ex­ port or import cultural property.
b. c. Article 7 The States Parties to this Convention undertake: a. to take the necessary measures, consistent with to prevent museums and national legislation, similar institutions within their territories from acquiring cultural property originating in another State Party which has been illegally exported after entry into force of this Convention, in the States concerned.
Whenever possible, to inform a State of origin Party to this Convention of an offer of such cultural property illegally removed from that State after the entry into force of this Convention in both States; b. i. to prohibit the import of cultural property stolen from a museum or a religious or sec­ ular public monument or similar institu­ 36 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued ii.
tion in another State Party to this Conven­ tion after the entry into force of this Con­ vention for the States concerned, provided that such property is documented as apper­ taining to the inventory of that institution; at the request of the State Party of origin, to take appropriate steps to recover and re­ turn any such cultural property imported after the entry into force of this Conven­ tion in both States concerned, provided, however, that the requesting State shall pay just compensation to an innocent pur­ chaser or to a person who has valid title to that property.
Requests for recovery and return shall be made through diplo­ matic ofﬁces.

The requesting Party shall furnish, at its expense, the documentation and other evidence necessary to establish its claim for recovery and return.

The Parties shall impose no customs duties or other charges upon cultural property re­ turned pursuant to this Article.

All ex­ penses incident to the return and delivery of the cultural property shall be borne by the requesting Party.
Article 8 Article 9 The States Parties to this Convention undertake to im­ pose penalties or administrative sanctions on any per­ son responsible for infringing the prohibitions referred to under Articles 6(b) and 7(b) above.

Any State Party to this Convention whose cultural pat­ rimony is in jeopardy from pillage of archaeological or ethnological materials may call upon other States Par­ ties who are affected.
The States Parties to this Conven­ 37 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued tion undertake, in these circumstances, to participate in a concerted international effort to determine and to carry out the necessary concrete measures, including the con­ trol of exports and imports and international commerce in the speciﬁc materials concerned.
Pending agreement each State concerned shall take provisional measures to the extent feasible to prevent irremediable injury to the cultural heritage of the requesting State.
Article 10 The States Parties to this Convention undertake: a. to restrict by education, information and vigi­ lance, movement of cultural property illegally re­ moved from any State Party to this Convention and, as appropriate for each country, oblige an­ tique dealers, subject to penal or administrative sanctions, to maintain a register recording the ori­ gin of each item of cultural property, names and addresses of the supplier, description and price of each item sold and to inform the purchaser of the cultural property of the export prohibition to which such property may be subject; to endeavour by educational means to create and develop in the public mind a realization of the value of cultural property and the threat to the cultural heritage created by theft, clandestine ex­ cavations and illicit exports.
b.

Article 11 Article 12 38 The export and transfer of ownership of cultural prop­ erty under compulsion arising directly or indirectly from the occupation of a country by a foreign power shall be regarded as illicit.
The States Parties to this Convention shall respect the cultural heritage within the territories for the inter­ 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued national relations of which they are responsible, and shall take all appropriate measures to prohibit and pre­ vent the illicit import, export and transfer of ownership of cultural property in such territories.
Article 13 The States Parties to this Convention also undertake, consistent with the laws of each State: a. b. c. d. to prevent by all appropriate means transfers of ownership of cultural property likely to promote the illicit import or export of such property; to ensure that their competent services co­operate in facilitating the earliest possible restitution of illicitly exported cultural property to its rightful owner; to admit actions for recovery of lost or stolen items of cultural property brought by or on behalf of the rightful owners; to recognize the indefeasible right of each State Party to this Convention to classify and declare certain cultural property as inalienable which should therefore ipso facto not be exported, and to facilitate recovery of such property by the State concerned in cases where it has been exported.
Article 14 In order to prevent illicit export and to meet the obliga­ tions arising from the implementation of this Conven­ tion, each State Party to the Convention should, as far as it is able, provide the national services responsible for the protection of its cultural heritage with an adequate budget and, if necessary, should set up a fund for this purpose.
39 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued Nothing in this Convention shall prevent States Parties thereto from concluding special agreements among themselves or from continuing to implement agree­ ments already concluded regarding the restitution of cultural property removed, whatever the reason, from its territory of origin, before the entry into force of this Convention for the States concerned.
The States Parties to this Convention shall in their pe­ riodic reports submitted to the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and adminis­ trative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience ac­ quired in this ﬁeld.
Information and education; consultation and expert advice; co­ordination and good ofﬁces.

The States Parties to this Convention may call on the technical assistance of the United Nations Educational, Scientiﬁc and Cultural Organization, particularly as re­ gards: a. b. c. The United Nations Educational, Scientiﬁc and Cul­ tural Organization may, on its own initiative conduct research and publish studies on matters relevant to the illicit movement of cultural property.
To this end, the United Nations Educational, Scientiﬁc and Cultural Organization may also call on the co­oper­ ation of any competent non­governmental organization.

The United Nations Educational, Scientiﬁc and Cultural Organization may, on its own initiative, make proposals Article 15 Article 16 Article 17 1.

2.

3.

4.

40 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued 5. to States Parties to this Convention for its implementa­ tion.
At the request of at least two States Parties to this Con­ vention which are engaged in a dispute over its imple­ mentation, Unesco may extend its good ofﬁces to reach a settlement between them.

Article 18 Article 19 This Convention is drawn up in English, French, Rus­ sian and Spanish, the four texts being equally authori­ tative.

1.

2.
1.

2.

This Convention shall be subject to ratiﬁcation or ac­ ceptance by States members of the United Nations Edu­ cational, Scientiﬁc and Cultural Organization in accord­ ance with their respective constitutional procedures.

The instruments of ratiﬁcation or acceptance shall be deposited with the Director­General of the United Na­ tions Educational, Scientiﬁc and Cultural Organization.

Article 20 1.

2.
Article 20 1.

2.

This Convention shall be open to accession by all States not members of the United Nations Educational, Scien­ tiﬁc and Cultural Organization which are invited to ac­ cede to it by the Executive Board of the Organization.

Accession shall be effected by the deposit of an in­ strument of accession with the Director­General of the United Nations Educational, Scientiﬁc and Cultural Or­ ganization.
Article 21 This Convention shall enter into force three months af­ ter the date of the deposit of the third instrument of rati­ ﬁcation, acceptance or accession, but only with respect to those States which have deposited their respective in­ 41 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Article 22 Schedule 2—continued struments on or before that date.
It shall enter into force with respect to any other State three months after the deposit of its instrument of ratiﬁcation, acceptance or accession.
The States Parties to this Convention recognize that the Convention is applicable not only to their metropolitan territories but also to all territories for the international relations of which they are responsible; they undertake to consult, if necessary, the governments or other com­ petent authorities of these territories on or before ratiﬁ­ cation, acceptance or accession with a view to securing the application of the Convention to those territories, and to notify the Director­General of the United Nations Educational, Scientiﬁc and Cultural Organization of the territories to which it is applied, the notiﬁcation to take effect three months after the date of its receipt.
Article 23 1.

2.

3.

Each State Party to this Convention may denounce the Convention on its own behalf or on behalf of any terri­ tory for whose international relations it is responsible.

The denunciation shall be notiﬁed by an instrument in writing, deposited with the Director­General of the United Nations Educational, Scientiﬁc and Cultural Organization.

The denunciation shall take effect twelve months after the receipt of the instrument of denunciation.
Article 24 42 The Director­General of the United Nations Educa­ tional, Scientiﬁc and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 20, as well as the United Nations, of the deposit of all the instruments of ratiﬁcation, acceptance and 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 2—continued accession provided for in Articles 19 and 20, and of the notiﬁcations and denunciations provided for in Articles 22 and 23 respectively.
This Convention may be revised by the General Confer­ ence of the United Nations Educational, Scientiﬁc and Cultural Organization.

Any such revision shall, how­ ever, bind only the States which shall become Parties to the revising convention.
If the General Conference should adopt a new con­ vention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratiﬁcation, acceptance or accession, as from the date on which the new revising convention enters into force.

Article 25 1.

2.
Article 25 1.

2.

Article 26 In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director­General of the United Nations Educational, Scientiﬁc and Cultural Organization.
Done in Paris this seventeenth day of November 1970, in two au­ thentic copies bearing the signature of the President of the sixteenth session of the General Conference and of the Director­General of the United Nations Educational, Scientiﬁc and Cultural Organiza­ tion, which shall be deposited in the archives of the United Nations Educational, Scientiﬁc and Cultural Organization, and certiﬁed true copies of which shall be delivered to all the States referred to in Art­ icles 19 and 20 as well as to the United Nations.
The foregoing is the authentic text of the Convention duly adopted by the General Conference of the United Nations Educational, Scientiﬁc and Cultural Organization during its sixteenth session, which was held in Paris and declared closed the fourteenth day of November 1970.

43 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 2—continued IN FAITH WHEREOF we have appended our signatures this seven­ teenth day of November 1970.
The President of the General Conference The Director­General Schedule 3 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects s 2(1) Preamble (Rome, 24 June 1995) THE STATES PARTIES TO THIS CONVENTION, ASSEMBLED in Rome at the invitation of the Government of the Italian Republic from 7 to 24 June 1995 for a Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects, CONVINCED of the fundamental importance of the protection of cultural heritage and of cultural exchanges for promoting understand­ ing between peoples, and the dissemination of culture for the well­be­ ing of humanity and the progress of civilisation, DEEPLY CONCERNED by the illicit trade in cultural objects and the irreparable damage frequently caused by it, both to these objects themselves and to the cultural heritage of national, tribal, indigenous or other communities, and also to the heritage of all peoples, and in particular by the pillage of archaeological sites and the resulting loss of irreplaceable archaeological, historical and scientiﬁc information, DETERMINED to contribute effectively to the ﬁght against illicit trade in cultural objects by taking the important step of establishing common, minimal legal rules for the restitution and return of cultural objects between Contracting States, with the objective of improving the preservation and protection of the cultural heritage in the interest of all, EMPHASISING that this Convention is intended to facilitate the res­ titution and return of cultural objects, and that the provision of any remedies, such as compensation, needed to effect restitution and re­ 44 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued turn in some States, does not imply that such remedies should be adopted in other States, AFFIRMING that the adoption of the provisions of this Convention for the future in no way confers any approval or legitimacy upon illegal transactions of whatever kind
 which may have taken place before the entry into force of the Convention, CONSCIOUS that this Convention will not by itself provide a solu­ tion to the problems raised by illicit trade, but that it initiates a process that will enhance international cultural co­operation and maintain a proper role for legal trading and inter­ State agreements for cultural exchanges, ACKNOWLEDGING that this Convention should be accompanied by other effective measures for protecting cultural objects, such as the development and use of registers, the physical protection of archaeological sites and technical co­oper­ ation, RECOGNISING the work of various bodies to protect cultural prop­ erty, particularly the 1970 UNESCO Convention on illicit trafﬁc and the development of codes of conduct in the private sector, HAVE AGREED as follows: implementation of I SCOPE OF APPLICATION AND DEFINITION Article 1 This Convention applies to claims of an international character for: (a) (b) the restitution of stolen cultural objects; the return of cultural objects removed from the territory of a Contracting State contrary to its law regulating the export of cultural objects for the purpose of protecting its cultural heritage (here­ inafter illegally exported cultural objects).
45 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued I—continued Article 2 For the purposes of this Convention, cultural objects are those which, on religious or secular grounds, are of im­ portance for archaeology, prehistory, history, literature, art or science and belong to one of the categories listed in the Annex to this Convention.

II RESTITUTION OF STOLEN CULTURAL OBJECTS Article 3 (1) (2) The possessor of a cultural object which has been stolen shall return it.
For the purposes of this Convention, a cultural object which has been unlawfully excavated or lawfully exca­ vated but unlawfully retained shall be considered stolen, when consistent with the law of the State where the ex­ cavation took place.

(3) Any claim for restitution shall be brought within a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor, and in any case within a period of ﬁfty years from the time of the theft.
(4) However, a claim for restitution of a cultural object forming an integral part of an identiﬁed monument or archaeological site, or belonging to a public collection, shall not be subject to time limitations other than a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor.
(5) Notwithstanding the provisions of the preceding para­ graph, any Contracting State may declare that a claim is subject to a time limitation of 75 years or such longer period as is provided in its law.
A claim made in another Contracting State for restitution of a cultural object dis­ 46 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued II—continued (7) placed from a monument, archaeological site or public collection in a Contracting State making such a declar­ ation shall also be subject to that time limitation.

(6) A declaration referred to in the preceding paragraph shall be made at the time of signature, ratiﬁcation, ac­ ceptance, approval or accession.
For the purposes of this Convention, a public collection consists of a group of inventoried or otherwise identi­ ﬁed cultural objects owned by: a Contracting State (a) a regional or local authority of a Contracting (b) State; a religious institution in a Contracting State; or an institution that is established for an essentially cultural, educational or scientiﬁc purpose in a Contracting State and is recognised in that State as serving the public interest.
(c) (d) (8) In addition, a claim for restitution of a sacred or com­ munally important cultural object belonging to and used by a tribal or indigenous community in a Contracting State as part of that community’s traditional or ritual use, shall be subject to the time limitation applicable to public collections.
Article 4 (1) The possessor of a stolen cultural object required to re­ turn it shall be entitled, at the time of its restitution, to payment of fair and reasonable compensation provided that the possessor neither knew nor ought reasonably to have known that the object was stolen and can prove that it exercised due diligence when acquiring the ob­ ject.
(2) Without prejudice to the right of the possessor to com­ pensation referred to in the preceding paragraph, rea­ sonable efforts shall be made to have the person who transferred the cultural object to the possessor, or any 47 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued II—continued prior transferor, pay the compensation where to do so would be consistent with the law of the State in which the claim is brought.
Payment of compensation to the possessor by the claimant, when this is required, shall be without preju­ dice to the right of the claimant to recover it from any other person.
In determining whether the possessor exercised due diligence, regard shall be had to all the circumstances of the acquisition, including the character of the parties, the price paid, whether the possessor consulted any reasonably accessible register of stolen cultural objects, and any other relevant information and documentation which it could reasonably have obtained, and whether the possessor consulted accessible agencies or took any other step that a reasonable person would have taken in the circumstances.
The possessor shall not be in a more favourable position than the person from whom it acquired the cultural ob­ ject by inheritance or otherwise gratuitously.

(3) (4) (5) III RETURN OF ILLEGALLY EXPORTED CULTURAL OBJECTS Article 5 (1) A Contracting State may request the court or other com­ petent authority of another Contracting State to order the return of a cultural object illegally exported from the territory of the requesting State.
(2) A cultural object which has been temporarily exported from the territory of the requesting State, for purposes such as exhibition, research or restoration, under a per­ mit issued according to its law regulating its export for the purpose of protecting its cultural heritage and not re­ 48 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued III—continued (3) turned in accordance with the terms of that permit shall be deemed to have been illegally exported.
The court or other competent authority of the State ad­ dressed shall order the return of an illegally exported cultural object if the requesting State establishes that the removal of the object from its territory signiﬁcantly im­ pairs one or more of the following interests: (a) the physical Preservation of the object or of its context; the integrity of a complex object; the preservation of information of, for example, a scientiﬁc or historical character; the traditional or ritual use of the object by a tribal or indigenous community, or establishes that the object is of signiﬁcant cul­ tural importance for the requesting State.
(b) (c) (d) (4) Any request made under paragraph 1 of this article shall contain or be accompanied by such information of a fac­ tual or legal nature as may assist the court or other com­ petent authority of the State addressed in determining whether the requirements of paragraphs 1 to 3 have been met.
(5) Any request for return shall be brought within a period of three years from the time when the requesting State knew the location of the cultural object and the iden­ tity of its possessor, and in any case within a period of ﬁfty years from the date of the export or from the date on which the object should have been returned under a permit referred to in paragraph 2 of this article.
Article 6 (1) The possessor of a cultural object who acquired the ob­ ject after it was illegally exported shall be entitled, at the time of its return, to payment by the requesting State of fair and reasonable compensation, provided that the possessor neither knew nor ought reasonably to have 49 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued III—continued (2) (3) (4) (5) known at the time of acquisition that the object had been illegally exported.
In determining whether the possessor knew or ought reasonably to have known that the cultural object had been illegally exported, regard shall be had to the cir­ cumstances of the acquisition, including the absence of an export certiﬁcate required under the law of the re­ questing State.
Instead of compensation, and in agreement with the re­ questing State, the possessor required to return the cul­ tural object to that State may decide: (a) (b) to retain ownership of the object; or to transfer ownership against payment or gratu­ itously to a person of its choice residing in the re­ questing State who provides the necessary guar­ antees.
The cost of returning the cultural object in accordance with this article shall be borne by the requesting State, without prejudice to the right of that State to recover costs from any other person.

The possessor shall not be in a more favourable position than the person from whom it acquired the cultural ob­ ject by inheritance or otherwise gratuitously.
Article 7 (1) The provisions of this Chapter shall not apply where: (a) the export of a cultural object is no longer illegal at the time at which the return is requested; or the object was exported during the lifetime of the person who created it or within a period of ﬁfty years following the death of that person.
(b) (2) Notwithstanding the provisions of subparagraph (b) of the preceding paragraph, the provisions of this Chapter shall apply where a cultural object was made by a mem­ ber or members of a tribal or indigenous community for 50 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued III—continued traditional or ritual use by that community and the ob­ ject will be returned to that community.
IV General Provisions Article 8 (2) (1) A claim under Chapter II and a request under Chapter III may be brought before the courts or other competent authorities of the Contracting State where the cultural object is located, in addition to the courts or other com­ petent authorities otherwise having jurisdiction under the rules in force in Contracting States.

The parties may agree to submit the dispute to any court or other competent authority or to arbitration.
Resort may be had to the provisional, including pro­ tective, measures available under the law of the Con­ tracting State where the object is located even when the claim for restitution or request for return of the object is brought before the courts or other competent authorities of another Contracting State.
(3) Article 9 (1) Nothing in this Convention shall prevent a Contracting State from applying any rules more favourable to the restitution or the return of stolen or illegally exported cultural objects than provided for by this Convention.

This article shall not be interpreted as creating an obli­ gation to recognise or enforce a decision of a court or other competent authority of another Contracting State that departs from the provisions of this Convention.
(2) Article 10 (1) The provisions of Chapter II shall apply only in respect of a cultural object that is stolen after this Convention 51 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued IV—continued enters into force in respect of the State where the claim is brought, provided that: (a) the object was stolen from the territory of a Con­ tracting State after the entry into force of this Convention for that State; or the object is located in a Contracting State after the entry into force of the Convention for that State.
(b) (2) (3) The provisions of Chapter III shall apply only in respect of a cultural object that is illegally exported after this Convention enters into force for the requesting State as well as the State where the request is brought.
This Convention does not in any way legitimise any il­ legal transaction of whatever which has taken place be­ fore the entry into force of this Convention or which is excluded under paragraphs (1) or (2) of this article, nor limit any right of a State or other person to make a claim under remedies available outside the framework of this Convention for the restitution or return of a cul­ tural object stolen or illegally exported before the entry into force of this Convention.
V Final Provisions This Convention is open for signature at the concluding meeting of the Diplomatic Conference for the adoption of the draft Unidroit Convention on the International Return of Stolen or Illegally Exported Cultural Objects and will remain open for signature by all States at Rome until June 1996.

This Convention is subject to ratiﬁcation, acceptance or approval by States which have signed it.
Article 11 (1) (2) 52 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued V—continued (3) (4) This Convention is open for accession by all States which are not signatory States as from the date it is open for signature.

Ratiﬁcation, acceptance, approval or accession is sub­ ject to the deposit of a formal instrument to that effect with the depositary.
Article 12 (1) (2) This Convention shall enter into force on the ﬁrst day of the sixth month following the date of deposit of the ﬁfth instrument of ratiﬁcation, acceptance, approval or accession.
For each State that ratiﬁes, accepts, approves or accedes to this Convention after the deposit of the ﬁfth instru­ ment of ratiﬁcation, acceptance, approval or accession, this Convention shall enter into force in respect of that State on the ﬁrst day of the sixth month following the date of deposit of its instrument of ratiﬁcation, accept­ ance, approval or accession.
Article 13 (1) This Convention does not affect any international instrument by which any Contracting State is legally bound and which contains provisions on matters gov­ erned by this Convention, unless a contrary declaration is made by the States bound by such instrument.

(2) Any Contracting State may enter into agreements with one or more Contracting States, with a view to improv­ ing the application of this Convention in their mutual relations.
The States which have concluded such an agreement shall transmit a copy to the depositary.

In their relations with each other, Contracting States which are Members of organisations of economic in­ tegration or regional bodies may declare that they will apply.
the internal rules of these organisations or bodies and will not therefore apply as between these States the (3) 53 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued V—continued provisions of this Convention the scope of application of which coincides with that of those rules.
Article 14 (1) (2) (3) (b) (c) (d) (e) 54 If a Contracting State has two or more territorial units, whether or not possessing different systems of law ap­ plicable in relation to the matters dealt with in this Con­ vention, it may, at the time of signature or of the deposit of its instrument of ratiﬁcation, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may substitute for its declaration another declaration at any time.
These declarations are to be notiﬁed to the depositary and are to state expressly the territorial units to which the Convention extends.
If, by virtue of a declaration under this article, this Con­ vention extends to one or more but not all of the terri­ torial units of a Contracting State the reference to: (a) the territory of a Contracting State in Article 1 shall be construed as referring to the territory of a territorial unit of that State; a court or other competent authority of the Con­ tracting State or of the State addressed shall be construed as referring to the court or other com­ petent authority of a territorial unit of that State; the Contracting State where the cultural object is located in Article 8(1) shall be construed as referring to the territorial unit of that State where the object is located; the law of the Contracting State where the object is located in Article 8(3) shall be construed as referring to the law of the territorial unit of that State where the object is located; and a Contracting State in Article 9 shall be construed as referring to a territorial unit of that State.
2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued V—continued (4) If a Contracting State makes no declaration under para­ graph 1 of this article, this Convention is to extend to all territorial units of that State.

Article 15 (1) Declarations made under this Convention at the time of signature are subject to conﬁrmation upon ratiﬁcation, acceptance or approval.
(2) Declarations and conﬁrmations of declarations are to be in writing and to be formally notiﬁed to the depositary.

(3) A declaration shall take effect simultaneously with the entry into force of this Convention in respect of the State concerned.

However, a declaration of which the depos­ itary receives formal notiﬁcation after such entry into force shall take effect on the ﬁrst day of the sixth month following the date of its deposit with the depositary.

(4) Any State which makes a declaration.


under this Con­ vention may withdraw it at any time by a formal no­ tiﬁcation in writing addressed to the depositary.

Such withdrawal shall take effect on the ﬁrst day of the sixth month following the date of the deposit of the notiﬁca­ tion.
Article 16 (1) Each Contracting State shall at the time of signature, ratiﬁcation, acceptance, approval or accession, declare that claims for the restitution, or requests for the return, of cultural objects brought by a State under Article 8 may be submitted to it under one or more of the follow­ ing procedures: (a) directly to the courts or other competent author­ ities of the declaring State; through an authority or authorities designated by that State to receive such claims or requests and to forward them to the courts or other competent authorities of that State; (b) 55 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued V—continued (2) through diplomatic or consular channels.
(c) Each Contracting State may also designate the courts or other authorities competent to order the restitution or return of cultural objects under the provisions of Chap­ ters II and III.

(4) (3) Declarations made under paragraphs 1 and 2 of this art­ icle may be modiﬁed at any time by a new declaration.
The provisions of paragraphs 1 to 3 of this article do not affect bilateral or multilateral agreements on judicial assistance in respect of civil and commercial matters that may exist between Contracting States.
Article 17 Article 18 Article 19 (1) Each Contracting State shall, no later than six months following the date of deposit of its instrument of ratiﬁ­ cation, acceptance, approval or accession, provide the depositary with written information in one of the ofﬁ­ cial languages of the Convention concerning the legis­ lation regulating the export of its cultural objects.

This information shall be updated from time to time as ap­ propriate.
No reservations are permitted except those expressly authorised in this Convention.

This Convention may be denounced by any State Party, at any time after the date on which it enters into force for that State, by the deposit of an instrument to that effect with the depositary.

(2) A denunciation shall take effect on the ﬁrst day of the sixth month following the deposit of the instrument of denunciation with the depositary.
Where a longer period for the denunciation to take effect is speciﬁed in 56 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 3—continued V—continued the instrument of denunciation it shall take effect upon the expiration of such longer period after its deposit with the depositary.
(3) Notwithstanding such a denunciation, this Convention shall nevertheless apply to a claim for restitution or a request for return of a cultural object submitted prior to the date on which the denunciation takes effect.
Article 20 Article 21 (1) (2) The President of the International Institute for the Uni­ ﬁcation of Private Law (Unidroit) may at regular inter­ vals, or at any time at the request of ﬁve Contracting States, convene a special committee in order to review the practical operation of this Convention.

This Convention shall be deposited with the Govern­ ment of the Italian Republic.
The Government of the Italian Republic shall: (a) inform all States which have signed or acceded to this Convention and the President of the Inter­ national Institute for the Uniﬁcation of Private Law (Unidroit) of: (i) each new signature or deposit of an in­ strument of ratiﬁcation, acceptance ap­ proval or accession, together with the date thereof; each declaration made in accordance with this Convention; the withdrawal of any declaration; the date of entry into force of this Conven­ tion; the agreements referred to in Article 13; the deposit of an instrument of denunci­ ation of this Convention together with the (ii) (iii) (iv) (v) (vi) 57 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 3—continued V—continued date of its deposit and the date on which it takes effect; transmit certiﬁed true copies of this Convention to all signatory States, to all States acceding to the Convention and to the President of the Inter­ national Institute for Uniﬁcation of Private Law (Unidroit); perform such other functions customary for de­ positaries.
(b) (c) IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly authorised, have signed this Convention.

DONE at Rome, this twenty­fourth day of June, one thousand nine hundred and ninety­ﬁve, in a single original, in the English and French languages, both texts being equally authentic.
Annex Rare collections and specimens of fauna, ﬂora, minerals and anatomy, and objects of palaeontological interest; property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance; products of archaeological excavations (including regular and clandestine) or of archaeological discoveries; elements of artistic or historical monuments or archaeological sites which have been dismembered; antiquities more than one hundred years old, such as inscrip­ tions, coins and engraved seals; objects of ethnological interest; property of artistic interest, such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding in­ dustrial designs and manufactured articles decorated by hand); (a) (b) (c) (d) (e) (f) (g) 58 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 (h) (i) (j) (k) 1 Schedule 3—continued (ii) (iii) (iv) original works of statuary art and sculpture in any ma­ terial; original engravings, prints and lithographs; original artistic assemblages and montages in any ma­ terial; rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientiﬁc, literary, etc.)
singly or in collections; postage, revenue and similar stamps, singly or in collections; archives, including sound, photographic and cinematographic archives; articles of furniture more than one hundred years old and old musical instruments.
Schedule 4 Categories of protected New Zealand objects s 2(1) Archaeological, ethnographic, and historical objects of non­New Zealand origin, relating to New Zealand This category consists of archaeological and historical objects of non­New Zealand origin that— (a) have been in New Zealand for not less than 50 years and are in or have been in a public collection; and are not represented by at least 2 comparable examples permanently held in New Zealand public collections; and include any object of Polynesian creation or modiﬁca­ tion brought to New Zealand before 1800 or created or modiﬁed by the former Polynesian inhabitants of the Kermadec Islands before 1800.
(b) (c) 2 (1) Art objects including ﬁne, decorative, and popular art This category includes the following objects and their support­ ing documentation and preparatory material: 59 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 4—continued (a) (b) (c) (d) (o) (p) (e) (f) (g) (h) (i) (j) (k) metalwork: (l) (m) (n) architectural material, including whole or parts of archi­ tectural structures, ﬁxtures, ﬁttings, and decoration and interior decoration: arms and armour: art works in ﬁbre or fabric or both: artists’ prints, posters, illustrated books, and similar art works with potential for multiple production: book art: ceramics and glass: costumes and textiles: furniture: horological instruments: jewellery and body adornment: musical instruments: paintings: photographs, moving image art works, sound art works and ﬁlm, and similar art works with potential for mul­ tiple production: sculpture, carving, and other 3­dimensional art works that are either unique or have potential for multiple pro­ duction: unique art works on paper, drawings, and sketches: including watercolours, (q) woodwork: (r) other art works, limited to) scrimshaw, plastics, paper, stone, shell, kauri gum, and bone.
including (but not (2) An object is included in this category if it is— (a) not represented by at least 2 comparable examples per­ manently held in New Zealand public collections; and (b) made by— (i) (ii) 60 an artist or maker born in or related to New Zealand and who is no longer living; or a living artist or maker born in or related to New Zealand where that artist or maker is not the owner; and 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 4—continued (c) not less than 50 years old.
3 (1) Documentary heritage objects In this category, unless the context otherwise requires,— collection means forming a collection assembled by a person, objects that originate from a common source, or objects de­ voted to a single theme, person, place, event, or thing record means recorded information, in any format, created or received by a person or an organisation in the course of business undertaken by that person or organisation and stored in any format.
(2) Objects in this category include (but are not limited to)— books: photographs and negatives: ephemera: (a) (b) maps and other cartographic records: (c) (d) (e) music scores: ﬁlm: (f) sound recordings: (g) cinematographic, video production, or any other pro­ (h) duction comprising moving images or recorded sound: digitally born objects, supporting material, and appli­ cations and technical infrastructure important for their understanding.
(i) (3) An object is included in this category if it— (a) (b) is not represented by at least 2 comparable examples permanently held in New Zealand public collections; and is— (i) (ii) not less than 50 years old; or any unique document or collection of unique documents not less than 50 years old; or a public record and a protected record as deﬁned by the Public Records Act 2005.

(iii) (4) This category does not include any document owned by its living creator who was born in or is related to New Zealand.
61 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 4—continued Nga taonga tuturu This category includes any taonga tuturu.
Natural science objects In this category, unless the context otherwise requires,— description means the scientiﬁc description of a taxon in the manner prescribed by the international codes of zoological, mineralogical, and botanical nomenclature fossil, irrespective of how it is preserved, means an object con­ stituting the remains or traces of a non­human organism that lived in New Zealand prior to human habitation; including (but not limited to) the whole organism or parts of it, or trace evi­ dence of its behaviour meteorite means a natural object of extraterrestrial origin mineral means an element or chemical compound that occurs naturally in rocks, soil, or water; and— (a) includes— (i) (ii) crystals and naturally occurring metals; and gemstones, whether or not polished or faceted by humans; but does not include— (i) minerals, ores, and concentrates intended for in­ dustrial use; or any work made by humans from minerals (ii) (b) taxon means a taxonomic grouping of extant or extinct organ­ isms, such as a genus, species, or sub­species tektite means a small glassy natural object of non­volcanic origin ventifact means a stone or pebble, shaped, worn, faceted, cut, or polished by the abrasive action of windblown dust or sand.
This category consists of extant or extinct native organisms, products of animal and plant behaviour (such as nests, copro­ lites, and kauri gum), fossils, ﬂuids, rocks, and minerals (in­ cluding, but not limited to, ventifacts, obsidians, pumices, me­ teorites, and tektites) of New Zealand origin or related to New Zealand.
4 5 (1) (2) 62 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 4—continued (3) Objects in this category include— (a) (b) (c) a category of type specimen as deﬁned by the current edition of the International Code of Botanical Nomen­ clature, the International Code of Zoological Nomen­ clature, or the International Code of Nomenclature of Bacteria: Bacteriological Code: a specimen considered to be scientiﬁcally important for deﬁning a taxon through having been illustrated in the original description, or new material subsequently illus­ trated (that is, hypotypes) and used to expand or reﬁne this description in the scientiﬁc literature: a specimen of an extant or extinct plant or rock or min­ eral, animal, or other organism or fossil or part thereof including any developmental stage, shell, or skeletal or supporting element, of which there is not a sufﬁcient se­ lection in New Zealand public collections to deﬁne the variation, range, and environmental context of the taxon or object.
(4) Duplicates of a category of type specimen as deﬁned by the current edition of the International Code of Botanical Nomen­ clature, the International Code of Zoological Nomenclature, or the International Code of Nomenclature of Bacteria: Bac­ teriological Code may be excluded from this category if there is sufﬁcient original type material held in New Zealand public collections to deﬁne the taxon.
6 7 (1) (2) New Zealand archaeological objects This category consists of any objects, assemblages, scientiﬁc samples, and organic remains derived from a New Zealand archaeological site, as deﬁned by the Historic Places Act 1993.

Numismatic and philatelic objects The philatelic category consists of any items of the New Zealand Post Museum Collection.
The numismatics category consists of the following objects: (a) examples of the Resolution and Adventure Medal, 1772: 63 Schedule 1 Protected Objects Amendment Act 2006 2006 No 37 Schedule 4—continued (b) (c) (d) (e) the Pattern Waitangi Crown: issued 50­ and 100­pound New Zealand bank notes pro­ duced before 1933: examples of the New Zealand Cross, Victoria Cross, and George Cross, and their associated groups, awarded to a New Zealander or related to New Zealand: any related original art work and design of New Zealand coins and banknotes.
(3) The numismatic and philatelic categories include (but are not limited to) dies and printing plates associated with the manu­ facture of New Zealand coins, banknotes, postage, and rev­ enue stamps.
8 Science, technology, industry, economy, and transport objects (1) Objects in this category include (but are not limited to) any— vessel: (a) (b) machine: vehicle: (c) aircraft: (d) equipment: (e) machinery: (f) tool: (g) patent model: (h) model: (i) accessory: (j) part: (k) component: (l) prototype: (m) object: (n) device, apparatus, instrument, implement, or structure: (o) dies and plates: (p) documentation: (q) ephemera.
(r) (2) Objects in this category are related to— (a) (b) air, land, and water transport: communication, printing, and information technology: 64 2006 No 37 Protected Objects Amendment Act 2006 Schedule 1 Schedule 4—continued (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) design: energy production and distribution: engineering: extractive industries: human and animal health: hydrology: manufacturing: primary production and processing: research, invention, and applied technology: the service and recreation industries: surveying.
(3) An object is included in this category if it is— (a) (b) not represented by at least 2 comparable examples per­ manently held in New Zealand public collections; and not less than 50 years old.
9 (1) Social history objects This category includes (but is not limited to) objects relating to— (a) (b) community organisations and activities: courts, tribunals, and law enforcement, including (but not limited to) the police, law­breakers, and prison life: cultural life and arts and crafts: domestic life, including buildings, ﬁxtures and decora­ tions, equipment and furniture, costumes and textiles, and personal effects: education: exploration, voyaging, migration, and settlement: health, medicine, and welfare: international relations: leisure and recreation, including all forms of sport, en­ tertainment, and tourism: New Zealand military history: personal histories: religion and missions: social and political issues: transport and communications: (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) 65 Schedule 2 Protected Objects Amendment Act 2006 2006 No 37 Schedule 4—continued (2) urban and rural culture: (o) (p) work life, including specialised trades and labour ma­ terial, trade unionism, company activity and corporate identity, trade and commerce, and agriculture and in­ dustry: any other objects in these categories.
(q) In this category, unless the context otherwise requires, New Zealand military history means the history of— (a) wars and conﬂicts involving New Zealand or New Zealanders or New Zealand residents, including (but not limited to) military and non­military activities and experiences: the New Zealand Defence Force and its antecedent com­ ponents: operations and activities involving New Zealand De­ fence Forces: (b) (c) (d) New Zealand allies within New Zealand or associated (e) (f) with New Zealand Defence Forces: forces opposing the New Zealand Defence Forces whether in New Zealand or overseas: regular or irregular sea, land, and air force units in which New Zealanders have taken part.
(3) This category includes New Zealand manufactured or de­ signed military objects and their associated documentation.

(4) An object is included in this category if it is— (a) (b) not represented by at least 2 comparable examples per­ manently held in New Zealand public collections; and not less than 50 years old.

Schedule 2 Consequential amendments to other Acts Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) s 35 Omit from section 3(c)(i) “Antiquities” and substitute “Protected Ob­ jects”.
66 2006 No 37 Protected Objects Amendment Act 2006 Schedule 2 Conservation Act 1987 (1987 No 65) Omit from section 46(6) “An antiquity” and substitute “a protected New Zealand object”.

Omit from section 46(6)(b)(ii) “Antiquities” and substitute “Pro­ tected Objects”.

Estate and Gift Duties Act 1968 (1968 No 35) Omit from section 73(2)(b) “an antiquity” and substitute “a protected New Zealand object”.

Omit from section 73(2)(b) “Antiquities” and substitute “Protected Objects”.
Historic Places Act 1993 (1993 No 38) Omit from section 19 “Antiquities” and substitute “Protected Ob­ jects”.

National Parks Act 1980 (1980 No 66) Omit from section 60(1)(d) “antiquity” and substitute “protected New Zealand object”.

Omit from section 61(3)(b) “an antiquity” and substitute “a protected New Zealand object”.

Omit from section 61(3)(b)(i) “Antiquities” and substitute “Protected Objects”.

Omit from section 61(3)(b)(ii) “Antiquities” and substitute “Pro­ tected Objects”.
Omit from section 61(4)(b) “an antiquity” and substitute “a protected New Zealand object”.

Omit from section 61(4)(b)(i) “Antiquities” and substitute “Protected Objects”.

Omit from section 61(4)(b)(ii) “Antiquities” and substitute “Pro­ tected Objects”.

Omit from section 66(1)(b) “antiquities” and substitute “protected New Zealand objects”.

67 Schedule 2 Protected Objects Amendment Act 2006 2006 No 37 Omit from section 69(1) “artifact” and substitute “taonga tuturu”.
Omit from section 77 “Antiquities” and substitute “Protected Ob­ jects”.
Ngaa Rauru Kiitahi Claims Settlement Act 2005 (2005 No 84) Omit from section 12 the deﬁnitions of antiquities protocol and an­ tiquities protocol area and substitute the following deﬁnitions in their appropriate alphabetical order: “protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that— sets out how the Ministry for Culture and Heritage will inter­ “(a) act with the governance entity on the matters speciﬁed in that protocol; and “(b) provides for input by Ngaa Rauru Kiitahi into certain pro­ cesses of the Ministry for Culture and Heritage in relation to the matters speciﬁed in the protocol; and is in the form set out in Part 2 of Schedule 1 of the deed of settlement, or as the protocol is amended under section 21 “(c) “protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.
Omit from section 24(4) “antiquities protocol” and substitute “pro­ tected New Zealand objects protocol”.

Omit from section 24(4) “antiquities or artifacts” and substitute “pro­ tected New Zealand objects or nga taonga tuturu”.

Omit from section 24(5) “antiquity and artifact” and substitute “protected New Zealand object and taonga tuturu”.

Omit from section 24(5) “Antiquities” and substitute “Protected Ob­ jects”.
68 2006 No 37 Protected Objects Amendment Act 2006 Schedule 2 Ngati Awa Claims Settlement Act 2005 (2005 No 28) Omit from section 12 the deﬁnitions of antiquities protocol and an­ tiquities protocol area and substitute the following deﬁnitions in their appropriate alphabetical order: “protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that— sets out how the Ministry for Culture and Heritage will interact “(a) with the Ngati Awa governance entity on the matters speciﬁed in the protocol; and “(b) provides for Ngati Awa’s input into the processes of the Min­ “(c) istry in relation to the matters speciﬁed in the protocol; and is in the form set out in Schedule 5.23 of the Ngati Awa deed of settlement “protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters” Omit from section 24(3) “antiquities protocol” and substitute “pro­ tected New Zealand objects protocol”.
Omit from section 24(3) “antiquities or artifacts” and substitute “pro­ tected New Zealand objects or nga taonga tuturu”.

Omit from section 24(3) “Antiquities” and substitute “Protected Ob­ jects”.

Omit from section 24(4) “antiquity and artifact” and substitute “protected New Zealand object and taonga tuturu”.

Omit from section 24(4) “Antiquities” and substitute “Protected Ob­ jects”.
Ngati Ruanui Claims Settlement Act 2003 (2003 No 20) Omit from section 12 the deﬁnitions of antiquities protocol and an­ tiquities protocol area and substitute the following deﬁnitions in their appropriate alphabetical order: “protected New Zealand objects protocol means a protocol issued under section 26 by the Minister for Arts, Culture and Heritage that— sets out how the Ministry for Culture and Heritage will interact “(a) with the governance entity in relation to the matters speciﬁed in that protocol; and 69 Schedule 2 Protected Objects Amendment Act 2006 2006 No 37 “(b) is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 26 “protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.
Omit from section 29(4) “antiquities protocol” and substitute “pro­ tected New Zealand objects protocol”.

Omit from section 29(4) “antiquities or artifacts” and substitute “pro­ tected New Zealand objects or nga taonga tuturu”.

Omit from section 29(4) “Antiquities” and substitute “Protected Ob­ jects”.

Omit from section 29(5) “antiquity and artifact” and substitute “protected New Zealand object and taonga tuturu”.

Omit from section 29(5) “Antiquities” and substitute “Protected Ob­ jects”.
Ngati Tama Claims Settlement Act 2003 (2003 No 126) Omit from section 9 the deﬁnitions of antiquities protocol and an­ tiquities protocol area and substitute the following deﬁnitions in their appropriate alphabetical order: “protected New Zealand objects protocol means a protocol issued under section 20 by the Minister for Arts, Culture and Heritage that— sets out how the Ministry for Culture and Heritage will inter­ “(a) act with the governance entity on the matters speciﬁed in that protocol; and is in the form set out in Part 1 of the Cultural Redress Schedule, or as the protocol is amended under section 20 “(b) “protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.
Omit from section 23(4) “antiquities protocol” and substitute “pro­ tected New Zealand objects protocol”.

Omit from section 23(4) “antiquities or artifacts” and substitute “pro­ tected New Zealand objects or nga taonga tuturu”.

70 2006 No 37 Protected Objects Amendment Act 2006 Schedule 2 Omit from section 23(6) “antiquity and artifact” and substitute “protected New Zealand object and taonga tuturu”.

Omit from section 23(6) “Antiquities” and substitute “Protected Ob­ jects”.
Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 (2005 No 72) Omit from section 12 the deﬁnitions of antiquities protocol and an­ tiquities protocol area and substitute the following deﬁnitions in their appropriate alphabetical order: “protected New Zealand objects protocol means a protocol issued under section 21 by the Minister for Arts, Culture and Heritage that— sets out how the Ministry for Culture and Heritage will inter­ “(a) act with the governance entity on the matters speciﬁed in the protocol; and “(b) provides for the input of Ngati Tuwharetoa (Bay of Plenty) into the processes of the Ministry in relation to the matters speciﬁed in the protocol; and “(c) is in the form set out in Schedule 5.3 of the deed of settlement “protected New Zealand objects protocol area means the area shown on the map attached to the protected New Zealand objects protocol, together with the adjacent waters”.
Omit from section 24(3) “antiquities protocol” and substitute “pro­ tected New Zealand objects protocol”.

Omit from section 24(3) “antiquities or artifacts” and substitute “pro­ tected New Zealand objects or nga taonga tuturu”.

Omit from section 24(3) “Antiquities” and substitute “Protected Ob­ jects”.

Omit from section 24(4) “antiquity and artifact” and substitute “protected New Zealand object and taonga tuturu”.

Omit from section 24(4) “Antiquities” and substitute “Protected Ob­ jects”.
71 Schedule 2 Protected Objects Amendment Act 2006 2006 No 37 Postal Services Act 1998 (1998 No 2) Omit from section 5(1)(b)(ii) “Antiquities” and substitute “Protected Objects”.

Omit from section 10(2)(b) “Antiquities” and substitute “Protected Objects”.

Reserves Act 1977 (1977 No 66) Repeal the deﬁnition of antiquity in section 2(1).

Insert in section 2(1), after the deﬁnition of “private land”: “protected New Zealand object has the same meaning as in the Pro­ tected Objects Act 1975”.
Omit from section 94(1)(f) “antiquity” and substitute “protected New Zealand object”.

Omit from section 94(3) “antiquity” and substitute “protected New Zealand object”.

Omit from section 95(2)(b) “an antiquity” and substitute “a protected New Zealand object”.

Omit from section 95(2)(b)(i) “Antiquities” and substitute “Protected Objects”.

Omit from section 95(2)(b)(ii) “Antiquities” and substitute “Pro­ tected Objects”.
Omit from section 95(3)(b) “an antiquity” and substitute “a protected New Zealand object”.

Omit from section 95(3)(b)(i) “Antiquities” and substitute “Protected Objects”.

Omit from section 95(3)(b)(ii) “Antiquities” and substitute “Pro­ tected Objects”.

Omit from section 100(1)(b) “antiquities” and substitute “protected New Zealand objects”.

Omit from section 102(2) “artifact” and substitute “taonga tuturu”.
72 2006 No 37 Protected Objects Amendment Act 2006 Te Uri o Hau Claims Settlement Act 2002 (2002 No 36) Repeal the deﬁnitions of antiquity and artifact in section 107.

Insert in section 107, after the deﬁnition of “Crown­owned min­ eral”: “protected New Zealand object has the same meaning as in the Pro­ tected Objects Act 1975”.

Omit from paragraph (a)(iv) of the deﬁnition of protocol in section 107 “Antiquities” and substitute “protected New Zealand objects”.
Insert in section 107, after the deﬁnition of “responsible Ministry”: “taonga tuturu has the same meaning as in the Protected Objects Act 1975”.

Omit from the deﬁnition of Te Uri o Hau Antiquities protocol area in section 107 “Antiquities” and substitute “protected New Zealand objects”.

Omit from section 113(4) “antiquities or artefacts” and substitute “protected New Zealand objects or nga taonga tuturu”.
Trans­Tasman Mutual Recognition Act 1997) (1997 No 60 Repeal the Antiquities Act 1975 item in Schedule 2 and substitute: “Protected Objects Act 1975, to the extent that it deals with any re­ quirement described in section 10(2) applicable to the sale of any protected New Zealand object (within the meaning of the Protected Objects Act 1975)”.
3 February 2005 5 April 2005 1 August 2005 10 May 2006 13 June, 19, 25 July 2006 2 August 2006 Legislative history Introduction (Bill 243­1) First reading and referral to Government Administration Committee Reported from Government Administration Committee (Bill 243­2) Second reading Committee of the whole House (Bill 243­3) Third reading 73