Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980

1: Short Title and commencement
1: This Act may be cited as the Crimes ( Internationally Protected Persons, United Nations and Associated Personnel, and Hostages
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the commencement of this Act in respect of the 1973 Convention and the 1979 Convention.
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(1) amended 1 March 1999 section 2(3) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 1(2) brought into force 12 December 1985 clause 2 Crimes (Internationally Protected Persons and Hostages) Act Commencement Order 1985 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— associated person sections 3 to 6
a: a person assigned by a Government or an intergovernmental organisation with the agreement of the competent organ of the United Nations; or
b: a person engaged by—
i: the Secretary-General of the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency; or
c: a person deployed by a humanitarian non-governmental organisation or agency under an agreement with—
i: the Secretary-General of the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency— to carry out activities in support of the fulfilment of the mandate of a United Nations operation internationally protected person sections 3 to 6
a: a person who, at the time of the alleged act or omission, is—
i: a Head of State; or
ii: a member of a body that performs the functions of a Head of State under the constitution of the State; or
iii: a Head of Government; or
iv: a Minister of Foreign Affairs— and is outside the territory of the State in which he or she holds office:
b: a member of the family of a person referred to in paragraph (a) who is accompanying that person:
c: a person who, at the time of the alleged act or omission, is—
i: a representative or an official of a State; or
ii: an official or agent of an international organisation of an intergovernmental character— and is entitled under international law to special protection from attack on his or her person, freedom, or dignity:
d: a member of the family of a person referred to in paragraph (c) who is a member of that person's household New Zealand section 3 person protected by a convention
a: an associated person; or
b: an internationally protected person; or
c: a United Nations person the 1973 Convention the 1979 Convention the 1994 Convention United Nations operation
a: if the operation is for the purpose of maintaining or restoring international peace and security; or
b: if the Security Council of the United Nations, or the General Assembly of the United Nations, has declared, for the purposes of the 1994 Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation ; or
c: if the operation is for the purpose of delivering humanitarian, political or development assistance in peace building; or
d: if the operation is for the purpose of delivering emergency humanitarian assistance United Nations person sections 3 to 6
a: a person engaged or deployed by the Secretary-General of the United Nations as a member of the military, police, or civilian components of a United Nations operation; or
b: an official or expert on mission of—
i: the United Nations; or
ii: a specialised agency of the United Nations; or
iii: the International Atomic Energy Agency— who is present in an official capacity in the area where a United Nations operation is being conducted vehicle
2: In paragraph (a)﻿(i) of the definition of the term internationally protected person in subsection (1), the term Head of State 1972 No 137 s 2 Internationally Protected Persons Act 1978 s 1(5) (UK) Section 2(1) replaced 1 March 1999 section 3 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 2(1) conviction on indictment repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) Fugitive Offenders Act 1881 repealed 1 September 1999 section 111 Extradition Act 1999 Section 2(1) United Nations operation amended 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Section 2(1) United Nations operation inserted 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Section 2(1) United Nations operation inserted 7 July 2010 section 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 Internationally protected persons and United Nations and associated personnel Heading replaced 1 March 1999 section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
3: Crimes against persons
1: Without limiting anything in the Crimes Act 1961
a: he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and
b: he or she does the act, or omits to do the act, to or in relation to a person whom he or she knows to be a person protected by a convention; and
c: the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,—
i: a crime referred to or described in a provision of the Crimes Act 1961 Schedule 1
ii: an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
2: Every one who commits a crime against this section is liable on conviction Crimes Act 1961 Section 3 replaced 1 March 1999 section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 3(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Crimes against premises or vehicles
1: Without limiting anything in the Crimes Act 1961
a: he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and
b: he or she does the act, or omits to do the act, to or in relation to—
i: premises that he or she knows to be the official premises or private residence of a person protected by a convention; or
ii: a vehicle that he or she knows is used by a person protected by a convention; and
c: he or she does the act, or omits to do the act, while such a person is present in those premises or that residence or vehicle; and
d: the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,—
i: a crime referred to or described in a provision of the Crimes Act 1961 Schedule 2
ii: an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
2: Every one who commits a crime against this section is liable on conviction Crimes Act 1961 Internationally Protected Persons Act 1978 s 1(1)﻿(b), (2)﻿(a), (4) (UK) Section 4(1) replaced 1 March 1999 section 5 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 4(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Threats against persons
1: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 3
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to a person whom he or she knows to be an internationally protected person.
1A: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 3
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to a person whom he or she knows to be a United Nations person or an associated person; and
d: he or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act.
2: Every one who commits a crime against this section is liable on conviction
a: 7 years; or
b: the term of years prescribed by the relevant provision of the Crimes Act 1961 whichever is the lesser. Internationally Protected Persons Act 1978 s 1(3), (4) (UK) Section 5(1) replaced 1 March 1999 section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 5(1A) inserted 1 March 1999 section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 5(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Threats against premises or vehicles
1: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 4
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to—
i: premises that he or she knows to be the official premises or private residence of an internationally protected person; or
ii: a vehicle that he or she knows is used by an internationally protected person.
1A: Every one commits a crime who threatens to do an act, if—
a: the act constitutes a crime against section 4
b: he or she makes the threat in New Zealand or outside New Zealand; and
c: he or she makes the threat to or in relation to—
i: premises that he or she knows to be the official premises or private residence of a United Nations person or an associated person; or
ii: a vehicle that he or she knows is used by a United Nations person or an associated person; and
d: he or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act.
2: Every one who commits a crime against this section is liable on conviction Internationally Protected Persons Act 1978 s 1(3), (4) (UK) Section 6(1) replaced 1 March 1999 section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 6(1A) inserted 1 March 1999 section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 6(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6A: Sections 3 to 6 not to apply to certain United Nations operations
Sections 3 to 6
a: authorised by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations; and
b: in which United Nations personnel or associated personnel are engaged as combatants against organised armed forces; and
c: to which the law of international armed conflict applies. Section 6A inserted 1 March 1999 section 8 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
7: Prosecution need not prove certain matters
Notwithstanding anything in sections 3 to 6
a: in respect of—
i: an internationally protected person to whom paragraph (a) or paragraph (c) of the definition of that term in section 2(1)
ii: a United Nations person or an associated person,— that the defendant knew, at the time of the alleged crime, the identity of that person or the capacity in which that person was an internationally protected person, a United Nations person, or an associated person:
b: in respect of any internationally protected person to whom paragraph (b) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was accompanying any other person to whom paragraph (a) of that definition applies:
c: in respect of any internationally protected person to whom paragraph (c) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was entitled under international law to special protection from attack on his person, freedom, or dignity:
d: in respect of any internationally protected person to whom paragraph (d) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was a member of the household of any other person referred to in paragraph (c) of that definition. Section 7(a) replaced 1 March 1999 section 9 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Hostages
8: Hostage-taking
1: Subject to subsection (2), every one commits the crime of hostage-taking who, whether in or outside New Zealand, unlawfully seizes or detains any person (in this section called the hostage
2: No one shall be convicted of the crime of hostage-taking if—
a: the act of hostage-taking takes place in New Zealand; and
b: the alleged offender and the hostage are New Zealand citizens; and
c: the alleged offender is in New Zealand.
3: Every one who commits the crime of hostage-taking is liable on conviction Section 8(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 General provisions
9: Extradition Act amended
Section 9 repealed 1 September 1999 section 111 Extradition Act 1999
10: Crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: each crime described in section 3 section 4 section 8
i: attempting to commit that crime (where it is not itself constituted by a mere attempt); or
ii: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; or
iii: inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or
iv: being an accessory after the fact to that crime; and
b: each crime described in section 5 section 6 is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before 12 December 1985 and for the time being in force between New Zealand and any country that is a party to the 1973 Convention or, as the case may require, the 1979 Convention.
2: It under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999
3: For the purposes of this section, country Section 10 replaced 1 September 1999 section 111 Extradition Act 1999
10A: Further provision on crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
a: each crime described in section 3 section 4 section 8
i: attempting to commit that crime (where it is not itself constituted by a mere attempt); or
ii: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; or
iii: inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or
iv: being an accessory after the fact to that crime; and
b: each crime described in section 5 section 6 is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the commencement of the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
2: If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
3: For the purposes of this section, country Section 10A inserted 1 September 1999 section 111 Extradition Act 1999
11: Surrender of offenders
Section 11 repealed 1 September 1999 section 111 Extradition Act 1999
12: Restrictions on surrender
1: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 sections 3 to 8
2: If, in any case to which subsection (1) applies, it is subsequently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omission, the Attorney-General must advise the court accordingly, and the court must proceed with the matter as if the Attorney-General's certificate had never been given.
3: Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999 Section 12 replaced 1 September 1999 section 111 Extradition Act 1999
13: Further restrictions on surrender of offenders
Section 13 repealed 1 September 1999 section 111 Extradition Act 1999
14: Attorney-General's consent required to prosecutions
1: Subject to subsection (2), no proceedings for the trial and punishment of any person charged with a crime against any of sections 3 to 8
2: A person charged with a crime against any of those provisions 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 crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained. 1972 No 137 s 18
15: Evidence
For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade
a: any fact relevant to the question of whether a person was or was not, at any material time, a person protected by a convention; or
b: any fact relevant to the question of whether an operation was or was not, at any material time, a United Nations operation of a kind described in section 6A
ba: that any country is or is not, or was or was not at any material time, a party to the 1973 Convention, the 1979 Convention, or the 1994 Convention; or
c: that the Government of any country is or is not, or was or was not at any material time, responsible for the international relations of any territory,— shall be sufficient evidence of that fact. Internationally Protected Persons Act 1978 s 1(1), (5) (UK) Section 15 amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 15(a) replaced 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 15(b) replaced 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Section 15(ba) inserted 1 March 1999 section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998
16: Application of certain provisions of Crimes Act
Nothing in section 8 section 400 sections 3 to 8 1972 No 137 s 10
17: Other Acts not affected
Nothing in this Act shall limit or affect the Immigration Act 2009 Aviation Crimes Act 1972 Crimes Act 1961 1972 No 137 s 21 Section 17 amended 29 November 2010 section 406(1) Immigration Act 2009