Chemical Weapons (Prohibition) Act 1996

1: Short Title and commencement
1: This Act may be cited as the Chemical Weapons (Prohibition) Act 1996.
2: This Act shall come 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(2) brought into force 29 April 1997 clause 2 Chemical Weapons (Prohibition) Act Commencement Order 1997 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— Convention Schedule international inspector Minister Secretary
2: Terms and expressions used and not defined in this Act but defined in the Convention shall, unless the context otherwise requires, have the same meaning as in the Convention.
3: Act binds the Crown
This Act binds the Crown.
4: Purpose
1: The purpose of this Act is to implement New Zealand's obligations under the Convention.
2: Every person exercising a power or discretion conferred under this Act must have regard to New Zealand's obligations under the Convention.
5: Extraterritorial application of Part 2
1: The provisions of Part 2
a: by any New Zealand citizen or by any person ordinarily resident in New Zealand; or
b: by any other person on board any New Zealand ship or New Zealand aircraft.
2: Notwithstanding anything in any other enactment, proceedings in respect of any contravention of Part 2
3: Notwithstanding subsection (2), 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 shall be taken until the Attorney-General's consent has been obtained. 1960 No 47 s 3(3)
2: Offences
6: Chemical weapons
1: Every person commits an offence who intentionally or recklessly—
a: develops, produces, otherwise acquires, stockpiles, or retains chemical weapons; or
b: transfers, directly or indirectly, chemical weapons to another person; or
c: uses chemical weapons; or
d: engages in any military preparations to use chemical weapons; or
e: assists, encourages, or induces, in any way, any person to engage in any activity prohibited to a State Party under the Convention,— and is liable on conviction
2: Nothing in subsection (1) applies in respect of any seizure of chemical weapons by the Crown under the authority of this or any other Act.
3: Nothing in subsection (1)﻿(e) limits the provisions of Part 4 Chemical Weapons (Prohibition) Act 1994 No 26 s 12 (Aust) Section 6(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
7: Forfeiture of chemical weapons
If any chemical weapon is developed, produced, otherwise acquired, stockpiled, retained, or transferred in contravention of section 6
a: is forfeit to the Crown; and
b: may be seized without warrant by any officer of the Crown; and
c: shall be stored pending disposal, and disposed of, as the Minister thinks fit.
8: Riot control agents
Every person commits an offence who intentionally or recklessly uses riot control agents as a method of warfare, and is liable on conviction Section 8 amended 1 July 2013 section 413 Criminal Procedure Act 2011
9: Schedule 1 toxic chemicals
1: Every person commits an offence who intentionally or recklessly produces, acquires, retains, or uses any Schedule 1 chemical without the consent of the Secretary, and is liable on
2: In determining whether or not to give consent, the Secretary shall be guided by the provisions of Part VI of the Verification Annex. Section 9(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Imports and exports of toxic chemicals and precursors
1: Except with the consent of the Secretary, the importation into New Zealand, and the exportation from New Zealand, of any toxic chemical or precursor listed in Schedules 1, 2, and 3 of the Annex on Chemicals is hereby prohibited.
2: In determining whether or not to give consent, the Secretary shall be guided by the restrictions on transfer set out in Parts VI to VIII of the Verification Annex.
3: Every person commits an offence who imports or exports any chemical or precursor in contravention of subsection (1), and is liable on Section 10(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11: Application of Customs and Excise Act 2018
All the provisions of the Customs and Excise Act 2018 section 388(1)﻿(a) or (b) section 10 subpart 4 Section 11 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
3: Information and documents
12: Purpose of this Part
1: The purpose of this Part is to ensure—
a: that toxic chemicals and their precursors are only developed, produced, otherwise acquired, retained, transferred, or used for purposes not prohibited under the Convention; and
b: that the Secretary has knowledge of dealings with chemicals that facilitates the making of New Zealand's periodic declarations under the Convention; and
c: that New Zealand is otherwise able to fulfil its obligations under the Convention.
2: Any power under this Part may be exercised only for that purpose.
13: Supply of information
1: Any person who produces, acquires, retains, transfers, or uses toxic chemicals or their precursors to which any provision of Parts VI to IX of the Verification Annex applies must—
a: notify the chemicals and, as the case may be, the facility to the Minister as soon as practicable after this section commences to apply to the chemicals or facility, by giving written notice in a form approved by the Secretary, containing such information as is required by the form; and
b: keep records in relation to the chemicals and the facility, and the purpose to which the chemicals are put; and
c: prepare, from those records, periodic reports relating to the chemicals and the facility in a form approved by the Secretary; and
d: send those periodic reports to the Secretary at intervals specified by the Minister or by regulation.
2: The records and reports under subsection (1)﻿(b) to (d) must be sufficient to satisfy the Minister that the Convention and the provisions of this Act and any regulations made under this Act are being complied with.
3: Every person who refuses or fails, without reasonable excuse, to comply with subsection (1) commits an offence, and is liable on Section 13(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
14: Secretary may seek information
1: This section applies if the Secretary considers that any person is capable of giving information that is relevant to—
a: a declaration required to be given by New Zealand to the Organization under the Convention; or
b: the implementation of the Convention or the enforcement of this Act.
2: The Secretary may, by written notice given to a person, require the person to give such information to the Secretary,—
a: if the person is a natural person, by writing signed by the person; or
b: if the person is a body corporate, by writing signed by an officer authorised to sign on behalf of the body corporate,— within such reasonable period and in such manner as is specified in the notice.
3: 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.
4: Every person who, without reasonable excuse, fails to comply with a notice under this section to the extent that the person is capable of complying with it commits an offence and is liable on
5: The power of the Secretary under this section to require a person to give information or documents to the Secretary is in addition to any obligation to give information or documents that the person may have under section 13 Chemical Weapons (Prohibition) Act 1994 No 26 s 31 (Aust) Section 14(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
15: False or misleading statements and documents
Every person commits an offence who, in any document prepared pursuant to this Part, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular, and is liable on Section 15 amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Inspections
16: Purpose of this Part
The purpose of this Part is to facilitate inspections under the Convention by—
a: confirming the right of international inspectors to inspect facilities and other places in New Zealand in accordance with the Convention and any facility agreement; and
b: enabling New Zealand officers to secure access for any international inspector where consent cannot be obtained; and
c: enabling New Zealand officers to accompany or assist any international inspector. Access by international inspectors
17: Verification of toxic chemicals
All toxic chemicals and their precursors listed in Schedules 1, 2, and 3 of the Annex on Chemicals, facilities related to such chemicals, and other facilities and places as specified in the Verification Annex, are hereby declared to be subject to verification measures as provided in the Convention.
18: Inspections
Every person must permit an international inspector to—
a: enter any place in New Zealand—
i: in respect of which any provision of Parts VI to IX of the Verification Annex applies; or
ii: that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention; or
iii: in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated; and
b: inspect the place pursuant to the Convention and, in the case of any facility, any applicable facility agreement; and
c: exercise, in connection with the inspection, any function contemplated, and exercise any power provided for, in the Convention and, in the case of any facility, any applicable facility agreement.
19: Persons who may accompany international inspectors
In order to facilitate inspections, an international inspector may be accompanied by—
a: an observer for the purposes of giving effect to paragraph 12 of Article IX of the Convention:
b: any person appointed by the Minister under section 21
c: any constable Section 19(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Directions
20: Ministerial directions
1: The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating any inspection under the Convention.
2: Every person commits an offence who wilfully fails to comply with any direction given by the Minister under this section, and is liable on Section 20(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 New Zealand assistance with inspections
21: Appointment of New Zealand officials
The Minister may appoint any person to accompany or assist any international inspector.
22: Identification certificates
The Minister may issue a certificate identifying any international inspector or other person authorised to accompany or assist any international inspector. Enforcement
23: Search warrants
1: Any constable section 21
2: Subject to subsection (3), an issuing officer (within the meaning of section 3
a: a place referred to in section 18
b: entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for, in the Convention or any applicable facility agreement; and
c: the consent of the person who is in control of the place cannot be obtained,— may issue a warrant authorising the entry of the place
3: The person applying for a warrant under subsection (2)—
a: must first make reasonable inquiries as to whether any other applications for such a warrant have been made in respect of the place concerned, and (if so) the following matters:
i: the offence or offences (if any) alleged in respect of each application; and
ii: the results of each application; and
b: must disclose on the application for the warrant the results of the inquiries.
4: Subject to subsection (3), the provisions of subparts 3 4 Section 23(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(2) amended 1 October 2012 section 312(2)﻿(a) Search and Surveillance Act 2012 Section 23(2) amended 1 October 2012 section 312(2)﻿(b) Search and Surveillance Act 2012 Section 23(4) inserted 1 October 2012 section 312(3) Search and Surveillance Act 2012
24: Use of force
Section 24 repealed 1 October 2012 section 312(4) Search and Surveillance Act 2012
25: Obligations of persons accompanying international inspectors
Section 25 repealed 1 October 2012 section 312(4) Search and Surveillance Act 2012
26: Obstruction of international inspectors
1: Every person commits an offence, and is liable on
2: Nothing in this section applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to a search warrant. Section 26(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Miscellaneous provisions
27: Confidentiality
1: Every person must keep confidential any information that is given pursuant to this Act or the Convention concerning the affairs of another person.
2: Such information may be disclosed only with the consent of the person to whose affairs it relates or for the purpose of—
a: enabling New Zealand to fulfil its obligations under the Convention; or
b: the enforcement of this Act; or
c: dealing with an emergency involving public safety.
3: Every person who contravenes this section commits an offence, and is liable on Section 27(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
28: Self-incrimination
1: A person is not excused from answering a question or giving any information or document under this Act or the Convention on the ground that to do so may incriminate or tend to incriminate that person.
2: A self-incriminating statement made or given under this Act or the Convention is not admissible as evidence in criminal proceedings against that person except on a charge of perjury in relation to that statement. 1993 No 105 s 267
29: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: providing for any matter that is necessary or desirable for the purpose of implementing the Convention or any agreement that is concluded between New Zealand and the Organization pursuant to the Convention:
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:
b: an order under subsection (2). 1968 No 36 s 10A 1987 No 86 s 26 1994 No 119 s 55(2), (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 29(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 29(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
30: Application to Tokelau
1: The Governor-General may, by Order in Council, bring this Act into force in Tokelau with such modifications as may be necessary.
2: 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 30(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
31: Amendment to Diplomatic Privileges and Immunities Act 1968
Amendment(s) incorporated in the Act(s)