Antarctica Act 1960

1: Short Title and commencement
1: This Act may be cited as the Antarctica Act 1960.
2: Sections 4 to 6
3: Except as provided in subsection (2), this Act shall come into force on its passing.
4: A Proclamation under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) sections 4–6 brought into force 27 June 1961 clause 2 Antarctica Act Commencement Order 1961 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— Antarctica exchanged scientist New Zealand aircraft Civil Aviation Act 1990 New Zealand ship observer Schedule 2 Treaty Schedule 1
2: For the purposes of this Act, a person shall be deemed to be ordinarily resident in New Zealand if—
a: his home is in New Zealand; or
b: he is residing in New Zealand with the intention of residing therein indefinitely; or
c: having resided in New Zealand with the intention of establishing his home therein, or with the intention of residing in New Zealand indefinitely, he is outside New Zealand but has an intention to return to establish his home therein or to reside in New Zealand indefinitely. Section 2(1) New Zealand aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) observer replaced 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994 Section 2(1) Treaty amended 29 October 1970 Antarctica Amendment Act 1970
3: Offences
1: This section applies to any act done or omitted—
a: in the Ross Dependency, by any person; or
b: in any part of Antarctica, other than the Ross Dependency, that is not within the jurisdiction of any country, by any person who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: Subject to the provisions of this Act, where any person does or omits any act to which this section applies, and that act or omission would, if it occurred in New Zealand, be an offence an offence
3: Notwithstanding anything in any other enactment, proceedings for the trial and punishment of any person who,—
a: not being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed an offence
b: being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed, in the Ross Dependency, an offence
c: being a New Zealand citizen or a person ordinarily resident in New Zealand, is charged with having committed an offence shall not, by virtue only of the provisions of this Act, be instituted in any court except with the consent of the Attorney-General and on his certificate that it is expedient that the proceedings should be instituted: provided that a person so charged may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the offence Section 3 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3)﻿(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(3) proviso amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Offences
1: This section applies to any act done or omitted in any part of Antarctica, other than the Ross Dependency, that is within the jurisdiction of any country by any New Zealand citizen who is an observer or exchanged scientist or a member of the staff accompanying any observer or exchanged scientist, while he is in that part of Antarctica for the purpose of exercising his functions.
2: Subject to the provisions of this Act, where any person does or omits any act to which this section applies, and that act or omission would, if it occurred in New Zealand, be an offence an offence
3: The provisions of subsection (3) of section 3 Section 4 heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 4(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Restriction of jurisdiction over certain nationals of other countries
1: Notwithstanding anything in section 3 section 7
2: In respect of any act or omission to which this section applies, the Contracting Party of which the person who did or omitted the act is a national may waive any immunity of that person under this section; and thereupon, to the extent of the waiver, the courts of New Zealand shall have such jurisdiction as they would have had if subsection (1) had not been passed.
6: Certificate of Minister of Foreign Affairs and Trade to be evidence of certain facts
If in any proceedings there arises any question whether or not any person is or was at any time an observer or exchanged scientist, or a member of the staff accompanying any observer or exchanged scientist, within the meaning of this Act, or whether or not any immunity has been waived under section 5 Section 6 replaced 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
6A: Regulations for conservation of Antarctic fauna and flora
Section 6A repealed 23 January 1998 section 56(1) Antarctica (Environmental Protection) Act 1994
7: Saving of jurisdiction otherwise than under this Act
1: Nothing in this Act shall limit, affect, or extend the jurisdiction of any New Zealand court under any enactment or rule of law in respect of acts done or omitted on the high seas within Antarctica.
2: Except as provided in subsection (3) of section 3 section 4