Nuclear-Test-Ban Act 1999

1: Short Title and commencement
1: This Act may be cited as the Nuclear-Test-Ban Act 1999.
2: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3: An order 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(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
Interpretation
2: Interpretation
1: In this Act, unless the context otherwise requires,— clarification inspection section 10(2) international inspector Minister Secretary Treaty Schedule
2: Terms and expressions used and not defined in this Act, unless the context otherwise requires, have the same meaning as in the Treaty. 1996 No 37 s 2 Purpose of this Act
3: Purpose
1: The purpose of this Act is to implement New Zealand's obligations under the Treaty.
2: Every person exercising a power or discretion conferred under this Act must have regard to New Zealand's obligations under the Treaty. 1996 No 37 s 4 Act binds the Crown
4: Crown bound
This Act binds the Crown.
2: Prohibitions and offences
5: Nuclear explosions prohibited
1: No person may—
a: carry out any nuclear weapon test explosion or any other nuclear explosion; or
b: cause, encourage, or in any way participate in, the carrying out of any nuclear weapon test explosion or any other nuclear explosion.
2: Every person who engages in conduct prohibited by subsection (1) commits an offence.
3: Every person who commits an offence against subsection (2) is liable on conviction
4: Nothing in subsections (1) to (3) limits the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 Section 5(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Prohibitions and offences also apply in certain cases outside New Zealand
1: Section 5
a: by a New Zealand citizen; or
b: by any other person on board a New Zealand ship or New Zealand aircraft.
2: If an offence against section 5(2)
a: a charging document may be filed only with the consent of the Attorney-General and on his or her certificate that it is expedient that the charging document be filed:
b: before the Attorney-General's consent has been obtained, a person may be arrested, or a warrant for a person's arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings are to be taken until that consent has been obtained. 1996 No 37 s 5 Section 6(2)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
3: Information and documents
7: Secretary may seek information
1: This section applies if the Secretary considers that any person is capable of giving information relevant to—
a: clarification of a matter which may cause concern about possible non-compliance with Article I of the Treaty paragraph 29 of Article IV of the Treaty
b: clarification as may be necessary to resolve an ambiguity that has arisen during an on-site inspection, which New Zealand, if it is the inspected State Party, must provide to an on-site inspection team under paragraph 61(g) of Part II of the Protocol to the Treaty
c: the implementation of the Treaty or the enforcement of this Act.
2: The Secretary may, by written notice given to a person, require the person to give to the Secretary such information as is specified in the notice, within such reasonable period and in such manner as is specified in the notice.
3: Information required by a notice under subsection (2) must be given in writing and,—
a: if given by a natural person, must be signed by the person; and
b: if given by a body corporate, must be signed by an officer authorised to sign on behalf of the body corporate.
4: The Secretary may, by written notice given to a person, require the person to give to the Secretary particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice. 1996 No 37 s 14
8: Failure to supply information an offence
1: Every person commits an offence who, without reasonable excuse, fails to comply with a notice under section 7
2: Every person who commits an offence against subsection (1) is liable on Section 8(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: False or misleading statements and documents
1: Every person commits an offence who, in any document prepared under section 7
2: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 15 Section 9(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Clarification inspections
10: Clarification inspections
1: This section applies if another State Party, without having made a request for an on-site inspection under paragraph 34 of Article IV of the Treaty Article I of the Treaty
2: If this section applies, a constable clarification inspection
3: For the purposes of subsection (2),—
a: sections 17 19
b: the constable Section 10(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 10(3)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
5: On-site inspections
Purpose of this Part
11: Purpose of this Part
The purpose of this Part is to facilitate on-site inspections under the Treaty by—
a: confirming the right of international inspectors to inspect places in New Zealand within an on-site inspection area; and
b: enabling New Zealand officers to secure access for an international inspector where consent is not, or may not be, obtainable; and
c: enabling New Zealand officers to accompany or assist an international inspector. 1996 No 37 s 16 Access by international inspectors
12: On-site inspections
An international inspector has the right, and every person must permit an international inspector, to—
a: enter a place in New Zealand within an on-site inspection area in accordance with the Treaty; and
b: inspect the place in accordance with the Treaty; and
c: exercise, in connection with the on-site inspection, a function contemplated, or a power provided for, in the Treaty. 1996 No 37 s 18
13: Persons who may accompany international inspectors
To facilitate on-site inspections, an international inspector may be accompanied by—
a: up to 3 observers for the purposes of giving effect to paragraph 61 of Article IV of the Treaty
b: a person appointed by the Minister under section 15
c: a constable 1996 No 37 s 19 Section 13(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Directions
14: Ministerial directions
1: The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an on-site inspection under the Treaty.
2: Every person commits an offence who wilfully fails to comply with a direction given by the Minister under subsection (1).
3: Every person who commits an offence against subsection (2) is liable on 1996 No 37 s 20 Section 14(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 New Zealand assistance with on-site inspections
15: Appointment of New Zealand officials
The Minister may appoint any person to accompany or assist an international inspector. 1996 No 37 s 21
16: Identification certificates
The Minister may issue a certificate identifying an international inspector or other person authorised to accompany or assist an international inspector. 1996 No 37 s 22 Enforcement
17: Search warrants
1: A District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable
a: the place is within an on-site inspection area; and
b: entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for, in the Treaty.
2: An application under subsection (1)—
a: may not be made unless the consent of a person in control of the place is not, or may not be, obtainable; and
b: must be made in writing by a constable section 15
c: must include a copy of relevant provisions of the Treaty and a copy of the inspection mandate.
3: For the purposes of subsection (2)﻿(a), consent
4: A warrant issued under subsection (1)—
a: authorises the international inspector (and any person authorised to accompany or assist the inspector) to enter the place, at any time within 14 days of the issue of the warrant (or within such further time as the Judge, Justice, Community Magistrate, or Registrar may specify in the warrant) for the purpose of exercising any function contemplated, or any power provided for, in the Treaty:
b: authorises a constable section 15
c: may be issued without conditions or subject to any conditions the Judge, Justice, Community Magistrate, or Registrar thinks fit. Section 17(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 17(2)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 17(4)﻿(b) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
18: Search without warrant
1: In the circumstances set out in subsection (2) an international inspector (and any constable section 15 section 17(4)
2: The circumstances referred to in subsection (1) are that a constable section 15
a: there are grounds for the issue of a warrant under section 17(1)
b: it is not practicable to obtain possession of a warrant immediately; and
c: delaying entry until a warrant can be obtained would create a real risk that the exercise of a function contemplated, or a power provided for, in the Treaty, would be frustrated. Section 18(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 18(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
19: Obligations of persons accompanying international inspectors
1: Every person who accompanies an international inspector on an inspection—
a: must carry any identification certificate issued to him or her under section 16
b: must produce the identification certificate or other means of identification to any person appearing to be in charge of a place entered—
i: on entering the place (if such a person is then present); and
ii: at any reasonable time afterwards, if asked to do so by the person; and
c: must have any warrant (whether issued under section 17
d: if any thing is seized, must ensure that an occupier or person in charge of the place is given a written inventory of all things seized.
2: If there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, every person who accompanies an international inspector on the inspection must, as soon as practicable after the inspection is completed, ensure that an occupier or person in charge of the place is given a written notice stating that the place has been entered, and specifying—
a: the time and date of entry:
b: the circumstances and purpose of entry:
c: the name of every person entering.
3: If a person appointed under section 15 1996 No 37 s 25
20: Obstruction of international inspectors
1: Every person commits an offence who wilfully obstructs, hinders, resists, or deceives any international inspector who is exercising in New Zealand any function contemplated, or any power provided for, in the Treaty.
2: Nothing in subsection (1) applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to section 18 section 17
3: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 26 Section 20(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Miscellaneous provisions
Self-incrimination
21: Self-incrimination
1: A person is not excused from answering a question or giving any information or document under this Act or the Treaty on the ground that to do so may incriminate or tend to incriminate that person.
2: A self-incriminating statement or document made or given under this Act or the Treaty is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 9(1) 1996 No 37 s 28 Regulations
22: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for any matter that is necessary or desirable for the purpose of implementing the Treaty or any agreement or arrangement that is concluded between New Zealand and the Organization under the Treaty:
b: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $5,000, that may, on
c: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: The Governor-General may from time to time, by Order in Council,—
a: amend the Schedule
b: revoke the Schedule
3: The following are secondary legislation ( see Part 3
a: regulations under this section; and
b: an order under subsection (2). 1996 No 37 s 29(1) 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 22(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Application to Tokelau
23: Application to Tokelau
1: Subject to subsections (2) to (4), this Act is in force in Tokelau.
2: A prosecution for an offence under this Act alleged to have been committed in Tokelau is to be heard and determined by the High Court of New Zealand in the exercise of its powers under section 3
3: An application for a search warrant under section 17(1)
4: In the application of this Act to Tokelau, unless the context otherwise requires,—
a: a reference in this Act to New Zealand (when used as a territorial description) is a reference to Tokelau:
b: the reference to the Minister in section 14 Amendment to Diplomatic Privileges and Immunities Act 1968
24: Amendment to Diplomatic Privileges and Immunities Act 1968
Section 10A
ab: confer upon any persons to whom paragraph 57 of Article II of the Comprehensive Nuclear-Test-Ban Treaty applies, and any persons to whom Part II, Section B of the Protocol to that Treaty applies, any additional privileges and immunities that are required by that Treaty; and 1996 No 37 s 31 OIC Diplomatic Privileges and Immunities Act 1968