Anti-Personnel Mines Prohibition Act 1998

1: Short Title and commencement
1: This Act may be cited as the Anti-Personnel Mines Prohibition Act 1998.
2: This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
Interpretation
2: Interpretation
1: In this Act, unless the context otherwise requires,— anti-handling device anti-personnel mine section 3 authorised anti-personnel mine section 11 Convention Schedule enforcement officer Hazardous Substances and New Organisms Act 1996 inspector of explosives Explosives Act 1957 mine Minister Ministry officer section 4 place Secretary transfer
2: Terms and expressions used and not defined in this Act, unless the context otherwise requires, have the same meaning as in the Convention.
3: Meaning of anti-personnel mine
For the purposes of this Act, anti-personnel mine
a: means a mine designed to be exploded by the presence, proximity, or contact of a person, and that is capable of incapacitating, injuring, or killing 1 or more persons; but
b: does not include a mine designed to be detonated by the presence, proximity, or contact of a vehicle as opposed to a person and equipped with an anti-handling device.
4: Meaning of officer
1: For the purposes of this Act, officer
a: a Police employee
b: a member of the Armed Forces:
c: a Customs officer:
d: an inspector of explosives:
e: an enforcement officer:
f: a person appointed under subsection (2).
2: The Minister may from time to time, by notice in writing, appoint any person to—
a: use, develop, produce, otherwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction:
b: seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine:
c: retain an anti-personnel mine pending the deactivation or destruction of the mine:
d: transfer an anti-personnel mine for the purposes of deactivating or destroying the mine:
e: deactivate or destroy an anti-personnel mine:
f: accompany or assist a member of a fact-finding mission. Section 4(1)﻿(a) amended 1 October 2008 section 130(1) Policing Act 2008 Purpose of this Act
5: 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. 1996 No 37 s 4 Act binds the Crown
6: Crown bound
This Act binds the Crown.
2: Prohibitions and offences related to anti-personnel mines
7: Prohibitions and offences
1: No person may—
a: use an anti-personnel mine; or
b: develop, produce, or otherwise acquire an anti-personnel mine; or
c: possess, retain, or stockpile an anti-personnel mine; or
d: transfer to anyone, directly or indirectly, an antipersonnel mine; or
e: assist, encourage, or induce, in any way, anyone to engage in conduct referred to in paragraphs (a) to (d).
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 this section limits—
a: the Explosives Act 1957
b: the provisions of the Arms Act 1983
c: the Hazardous Substances and New Organisms Act 1996 Anti-Personnel Mines Convention Implementation Act 1997 ch 33 s 6(1) (Canada) Section 7(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
8: Exceptions to prohibitions
Despite section 7(1)
a: an officer may, in the course of his or her employment or duties, use, develop, produce, otherwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction:
b: a person may possess an anti-personnel mine until an officer collects, deactivates, or destroys the mine, and a person may make an anti-personnel mine available to an officer for collection, deactivation, or destruction, if, in either case, the person—
i: complies with section 13
ii: as soon as practicable after learning that he or she possesses the mine, takes all reasonable steps to ensure the mine will not be exploded before an officer collects, deactivates, or destroys it:
c: an officer may, in the course of his or her employment or duties, seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine, or retain an anti-personnel mine pending the deactivation or destruction of the mine, or transfer an anti-personnel mine for the purposes of deactivating or destroying the mine, or deactivate or destroy an anti-personnel mine:
d: a member of the Armed Forces may, in the course of his or her duties, participate in operations, exercises, or other military activities with armed forces of a State not a party to the Convention that engage in conduct prohibited by section 7(1) Anti-Personnel Mines Convention Implementation Act 1997 ch 33 ss 6(3), 7 (Canada)
3: Seizure, forfeiture, and deactivation or destruction of anti-personnel mines
9: Seizure, forfeiture, and deactivation or destruction of anti-personnel mines
An anti-personnel mine in respect of which an offence against section 7(2)
a: may be seized without warrant by an officer; and
b: if not owned by the Crown, is forfeit to the Crown; and
c: must either be—
i: authorised under section 11
ii: deactivated or destroyed by an officer and, pending deactivation or destruction, be retained as the Minister thinks fit. 1996 No 37 s 7
10: Application of Customs and Excise Act 2018
All the provisions of the Customs and Excise Act 2018 section 388(1)﻿(a) or (b) section 7(1)﻿(d) subpart 4 Section 10 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
11: Minister may authorise anti-personnel mines for certain purposes
1: For the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction, the Minister may from time to time, by notice in writing, authorise anti-personnel mines to be used, developed, produced, otherwise acquired, possessed, retained, or transferred.
2: A notice under subsection (1) may not be made if the making of the notice will result in the total number of mines authorised by all notices made under subsection (1)
3: The Minister must from time to time specify, by notice in the Gazette Anti-Personnel Mines Convention Implementation Act 1997 ch 33 s 10 (Canada)
4: Information and documents
12: Purpose of this Part
1: The purpose of this Part is to ensure—
a: that anti-personnel mines are used, developed, produced, otherwise acquired, retained, or transferred only for purposes not prohibited under the Convention; and
b: that the Secretary has knowledge of dealings with anti-personnel mines that facilitates the making of New Zealand's reports or clarifications 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. 1996 No 37 s 12
13: Supply of information
1: Any person who uses, develops, produces, otherwise acquires, possesses, retains, or transfers an anti-personnel mine must—
a: notify the Minister of the anti-personnel mine as soon as practicable after this Act commences to apply to the mine, by giving written notice in a form approved by the Secretary and containing the information required by the form; and
b: keep records in relation to the anti-personnel mine, and the purpose to which the anti-personnel mine is put; and
c: prepare, from those records, periodic reports relating to the anti-personnel mine in a form approved by the Secretary; and
d: send those periodic reports to the Secretary at intervals specified by the Minister or by regulations made under this Act.
2: The records and reports under subsection (1)﻿(b) to (d) must be sufficient to enable the Minister to determine whether the Convention and the provisions of this Act and any regulations made under this Act are being complied with.
3: Every person who, without reasonable excuse, refuses or fails to comply with subsection (1) commits an offence.
4: Every person who commits an offence against subsection (3) is liable on 1996 No 37 s 13 Section 13(4) 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 report or clarification required to be given by New Zealand to the Secretary-General 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 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.
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 1996 No 37 s 14
15: Failure to supply information an offence
1: Every person commits an offence who, without reasonable excuse, fails to comply with a notice under section 14
2: Every person who commits an offence against subsection (1) is liable on Section 15(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: False or misleading statements and documents
1: Every person commits an offence who, in any document prepared under 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.
2: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 15 Section 16(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Fact-finding missions
Purpose of this Part
17: Purpose of this Part
The purpose of this Part is to facilitate fact-finding missions under the Convention by—
a: confirming the right of members of a fact-finding mission to inspect places in New Zealand in accordance with the Convention; and
b: enabling New Zealand officers to secure access for a member of a fact-finding mission where consent is not, or may not be, obtainable; and
c: enabling New Zealand officers to accompany or assist a member of a fact-finding mission. 1996 No 37 s 16 Access by fact-finding missions
18: Fact-finding missions
A member of a fact-finding mission has the right, and every person must permit a member of a fact-finding mission, to—
a: enter a place in accordance with the Convention; and
b: inspect the place in accordance with the Convention; and
c: exercise, in connection with the fact-finding mission, a function contemplated, or a power provided for, in the Convention. 1996 No 37 s 18
19: Officers who may accompany member of fact-finding mission
1: To facilitate a fact-finding mission, a member of a fact-finding mission may be accompanied by any officer.
2: Despite subsection (1), a person appointed by the Minister under section 4(2) Directions
20: Ministerial directions
1: The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating any fact-finding mission under the Convention.
2: The Minister may, under subsection (1), direct a person to provide to a fact-finding mission, by speaking to a member of the mission or otherwise, any information related to a compliance issue specified in a direction, within such reasonable period as is specified in the direction.
3: Every person commits an offence who wilfully fails to comply with a direction given by the Minister under this section.
4: Every person who commits an offence against subsection (3) is liable on 1996 No 37 s 20 Section 20(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 New Zealand assistance with fact-finding missions
21: Identification certificates
The Minister may issue a certificate identifying any member of a fact-finding mission or any officer who may accompany a member of a fact-finding mission. 1996 No 37 s 22 Enforcement
22: Search warrants
1: An issuing officer (within the meaning of section 3 subpart 3
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:
c: must include a copy of relevant provisions of the Convention and a copy of the documents (if any) authorising the fact-finding mission.
3: For the purposes of subsection (2)﻿(a), consent
4: The provisions of subparts 1 3 4 7 9 10 Section 22(1) amended 1 October 2012 section 311(2) Search and Surveillance Act 2012 Section 22(2)﻿(b) repealed 1 October 2012 section 311(3) Search and Surveillance Act 2012 Section 22(4) replaced 1 October 2012 section 311(4) Search and Surveillance Act 2012
23: Obligations of officers accompanying member of fact-finding mission
1: Every officer who accompanies a member of a fact-finding mission on an inspection—
a: must carry any identification certificate issued to him or her under section 21
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 22
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 officer who accompanies a member of a fact-finding mission 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 an officer who is not a constable 1996 No 37 s 25 Section 23(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
24: Obstruction of member of fact-finding mission
1: Every person commits an offence who wilfully obstructs, hinders, resists, or deceives any member of a fact-finding mission who is exercising in New Zealand any function contemplated, or any power provided for, in the Convention.
2: Nothing in subsection (1) applies to a refusal to give consent to entry by a member of a fact-finding mission who is not acting pursuant to a search warrant (whether issued under section 22
3: Every person who commits an offence against subsection (1) is liable on 1996 No 37 s 26 Section 24(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Miscellaneous provisions
Self-incrimination
25: 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 or document made or given under this Act or the Convention is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 16(1) 1996 No 37 s 28 Regulations
26: 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 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). 1996 No 37 s 29 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 26(1)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 26(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Application to Tokelau
27: 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 22(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 20 Amendments to Arms Act 1983
28: Interpretation
Amendment(s) incorporated in the Act(s)
29: Act to bind the Crown
Amendment(s) incorporated in the Act(s)
30: Further amendments to Arms Act 1983
Amendment(s) incorporated in the Act(s)