Diplomatic Privileges and Immunities Amendment Act 2004

1: Title
1: This Act is the Diplomatic Privileges and Immunities Amendment Act 2004.
2: In this Act, the Diplomatic Privileges and Immunities Act 1968 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: New
section 9AB The principal Act is amended by inserting, after section 9AA
9AB: Privileges and immunities of members, and of private servants of members, of EC delegations
1: The Governor-General may, by Order in Council, confer upon such members or classes of members (for example, administrative and technical staff, but in no case including service staff) of a permanent delegation of the European Commission (an EC delegation Third Schedule
2: The Governor-General may, by Order in Council, confer upon such of the following as are specified in the Order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4
a: members of an EC delegation who are service staff:
b: private servants of members of an EC delegation.
3: Schedule 5 subsection (1) Schedule 5
4: No Order under this section may confer any privilege or immunity upon any person—
a: as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand; or
b: as a member of the staff of such a representative.
5: An Order made under section 9(2)(a) section 9(2)(b) and (c)
4: Amendments consequential on enactment of
section 3
1: The heading to Part 2 and Persons Connected Therewith or tribunals and associated persons, and representatives attending international conferences
2: The heading to section 9 persons connected therewith associated persons
3: Section 9(2)
a: by omitting the words subparagraph (i) of paragraph (b) of this subsection paragraph (b)(i)
b: by inserting, after the words and to the members of the families forming part of the household of officers of the organisation mentioned in paragraph (b)(ii)
c: by omitting the words that paragraph those subparagraphs
d: by inserting, before the words the operation some or all of
4: Section 9A
a: by omitting from the heading the words persons connected therewith associated persons
b: by omitting from subsection (1) subparagraph (i) of paragraph (b) of this subsection paragraph (b)(i)
c: by inserting in subsection (1) and to the members of the families forming part of the household of officers of the Commonwealth Secretariat mentioned in paragraph (b)(ii)
d: by omitting from subsection (1) that paragraph those subparagraphs
e: by inserting in subsection (1) the operation some or all of
f: by omitting from subsection (2) persons connected therewith associated persons
5: Section 21(1) section 10 section 9AB
6: The heading to Schedule 3
a: by omitting the expression Section 9(2)(b) ss 9(2)(b), 9AB(1)
b: by omitting the words and Persons on Missions persons on missions, and certain members of EC delegations
7: The heading to the Schedule 4
a: by omitting the expression Section 9(2)(c) ss 9(2)(c), 9AB(3)
b: by adding the words , members of EC delegations who are service staff, and private servants of members of EC delegations
8: The heading to the Schedule 5
a: by omitting the expression Section 9(2) ss 9(2), 9AB(2)
b: by omitting the words High Officers' families families of high officers or of certain members of EC delegations
9: Schedule 5
3.: Where a person is accorded any such privileges and immunities as are mentioned in the Third Schedule
5: New
sections 10D 10E The principal Act is amended by repealing section 10D
10D: Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff
1: In this section and section 10E Agreement Assembly of States Parties ICC Rome Statute International Crimes and International Criminal Court Act 2000
2: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by—
a: article 48(1) articles 2 to 12
b: article 48(2) article 15
i: Judges of the ICC:
ii: the Prosecutor of the ICC:
iii: Deputy Prosecutors of the ICC:
iv: the Registrar of the ICC:
c: article 48(3) article 16
i: the Deputy Registrar of the ICC:
ii: staff of the Office of the Prosecutor of the ICC:
iii: staff of the Registry of the ICC:
d: article 48(4) articles 18 to 22
e: article 14
f: article 17 paragraphs (b) to (e)
3: An Order in Council made under subsection (2)
a: confer privileges and immunities on New Zealand citizens and permanent residents subject to some or all of the limitations set out in article 23
b: refer to the purpose of conferring the privileges and immunities (as set out in articles 25 and 26
c: refer to how the privileges and immunities may be waived (as set out in article 48(5) articles 25 and 26
d: extend the privileges and immunities conferred on the persons referred to in subsection (2)(b) and (c) article 48(2) articles 15 and 16
10E: Privileges and immunities of representatives at Assembly of States Parties or its subsidiary organs
1: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by article 13
a: representatives of States Parties to the Rome Statute attending meetings of the Assembly of States Parties or any of its subsidiary organs:
b: representatives of States attending meetings of the Assembly of States Parties or any of its subsidiary organs as observers, as permitted by article 112(1)
c: representatives of States or intergovernmental organisations invited to meetings of the Assembly of States Parties or any of its subsidiary organs.
2: An Order in Council made under subsection (1) article 25
6: Refunds or payments in case of exemptions from taxation
Section 21(1) section 10 section 10D, section 10E
7: Consequential amendment to
Immigration Act 1987 Section 11(1)(a) Immigration Act 1987 the Diplomatic Privileges and Immunities Act 1968 , other than a person referred to in section 10D(2)(d) of that Act,