Geneva Conventions Act 1958

1: Short Title
This Act may be cited as the Geneva Conventions Act 1958.
2: Interpretation
1: In this Act, unless the context otherwise requires,— the Conventions First Convention Second Convention Third Convention Fourth Convention the First Convention Schedule 1 the Second Convention Schedule 2 the Third Convention Schedule 3 the Fourth Convention Schedule 4 New Zealand aircraft Civil Aviation Act 1990 New Zealand ship Shipping and Seamen Act 1952 Part 12 of that Act protected internee Fourth Convention protected prisoner of war Third Convention the Protecting Power he or she he or she Third Convention Fourth Convention the Protocols First Protocol , the Second Protocol, and the Third Protocol the First Protocol Schedule 5 the Second Protocol Schedule 6 the Third Protocol Schedule 7
2: If the ratification on behalf of New Zealand of any of the Conventions or Section 2(1) court repealed 1 July 2009 section 87 Court Martial Act 2007 Section 2(1) New Zealand aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) the Protecting Power amended 23 April 2014 section 4(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 2(1) the Protocols inserted 10 July 1987 Geneva Conventions Amendment Act 1987 Section 2(1) the Protocols amended 23 April 2014 section 4(3) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 2(1) the First Protocol inserted 10 July 1987 Geneva Conventions Amendment Act 1987 Section 2(1) the Second Protocol inserted 10 July 1987 Geneva Conventions Amendment Act 1987 Section 2(1) the Third Protocol inserted 23 April 2014 section 4(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 2(2) replaced 10 July 1987 Geneva Conventions Amendment Act 1987 Section 2(2) amended 23 April 2014 section 4(4) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Punishment of offenders against Conventions or First Protocol Heading replaced 10 July 1987 Geneva Conventions Amendment Act 1987
3: Punishment for grave breaches of Conventions or First Protocol
or Third Protocol
1: Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the Conventions or of the First Protocol or the Third Protocol
2: For the purposes of this section—
a: a grave breach of the First Convention
b: a grave breach of the Second Convention
c: a grave breach of the Third Convention
d: a grave breach of the Fourth Convention
e: a grave breach of the First Protocol
i: an act or omission referred to in paragraph 4 of Article 11 of that Protocol committed against or omitted in respect of persons protected by paragraph 1 of that Article; or
ii: an act referred to in paragraph 2 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or
iii: an act referred to in paragraph 3 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or
iv: an act or omission referred to in paragraph 4 of Article 85 of that Protocol committed against or omitted in respect of persons or property protected by that paragraph:
f: a grave breach of the Third Protocol
3: This section applies to persons regardless of their nationality or citizenship.
4: The punishment for an offence against this section shall be,—
a: where the offence involves the wilful killing of a person protected by the relevant Convention or by the First Protocol, as the case may require, the same as that for the time being for murder:
b: in any other case, imprisonment for life or a lesser term.
5: No one shall be prosecuted for an offence against this section without the leave of the Attorney-General.
6: The provisions of section 5
7: If—
a: in any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies); or
b: in any proceedings under this section in respect of a grave breach of the First Protocol that question shall be determined by the Minister of Foreign Affairs and Trade
8: Section 3 replaced 10 July 1987 Geneva Conventions Amendment Act 1987 Section 3 heading amended 23 April 2014 section 5(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 3(1) amended 23 April 2014 section 5(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 3(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 3(2)﻿(f) inserted 23 April 2014 section 5(3) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 3(4)﻿(b) replaced 1 October 2000 section 185 International Crimes and International Criminal Court Act 2000 Section 3(7) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 3(8) repealed 1 July 2009 section 87 Court Martial Act 2007 Provisions as to certain legal proceedings
4: Notice of trial
of
1: The court before which—
a: a protected prisoner of war is brought up for trial for any offence; or
b: a protected internee is brought up for trial for an offence for which that court has power to sentence him or her shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the Protecting Power (if there is a Protecting Power), on the accused, and (if the accused is a protected prisoner of war) on the prisoners' representative.
2: The particulars referred to in subsection (1) are—
a: the full name and description of the accused, including the date of his or her his or her his or her his or her
b: his or her
c: the offence with which he or she
d: the court before which the trial is to take place and the time and place appointed for the trial.
3: For the purposes of this section a document purporting—
a: to be signed on behalf of the Protecting Power or by the prisoners' representative or by the person accused, as the case may be; and
b: to be an acknowledgment of the receipt by that Power, representative, or person on a specified day of a notice described therein as a notice under this section— shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative, or person on that day.
4: In this section the expression prisoners' representative
5: Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment or any rule of law, remand the accused for the period of the adjournment. Section 4 amended 17 May 2005 section 3 Geneva Conventions Amendment Act 2005 Section 4(1)﻿(b) amended 23 April 2014 section 6(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 4(1)﻿(b) amended 17 May 2005 section 3 Geneva Conventions Amendment Act 2005 Section 4(2)﻿(a) amended 23 April 2014 section 6(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 4(2)﻿(b) amended 23 April 2014 section 6(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 4(2)﻿(c) amended 23 April 2014 section 6(3) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012
5: Legal representation of prisoners of war
1: The court before which a protected prisoner of war is brought up for trial for any offence shall not proceed with the trial, unless—
a: the accused is represented by counsel; and
b: it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to counsel for the accused; and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment or rule of law, the court may remand the accused for the period of the adjournment.
2: In the absence of counsel accepted by the accused as representing him or her
3: If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence; and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her
4: A counsel shall be assigned in pursuance of subsection (3) in such manner as may be prescribed by regulations made under this Act, and any counsel so assigned shall be entitled to receive, out of money appropriated by Parliament for the purpose, such remuneration and disbursements as may be in like manner prescribed. While there are no regulations for the purposes of this section or so far as any such regulations do not apply, the provisions of the Legal Services Act 1991 Section 5(2) amended 23 April 2014 section 7(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 5(3) amended 23 April 2014 section 7(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 5(4) amended 1 February 1992 Legal Services Act 1991
6: Appeals by protected persons
1: Where a protected prisoner of war or a protected internee has been sentenced by a court his or her his or her his or her
a: in the case of a protected prisoner of war, by an officer of the New Zealand armed forces; or
b: in the case of a protected internee, by or on behalf of the person in charge of the prison or place in which he or she
2:
3: Where subsection (1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his or her
4: Subsections (1) and (2) shall not apply in relation to an appeal against a conviction or sentence if, at the time of the conviction or sentence, there is no Protecting Power.
5:
6: Section 6(1) amended 23 April 2014 section 8(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 6(1) amended 17 May 2005 section 4(1) Geneva Conventions Amendment Act 2005 Section 6(1)﻿(b) amended 23 April 2014 section 8(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 6(2) repealed 1 December 1983 section 208(1) Armed Forces Discipline Act 1971 Section 6(3) amended 23 April 2014 section 8(3) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 6(5) repealed 17 May 2005 section 4(2) Geneva Conventions Amendment Act 2005 Section 6(6) repealed 17 May 2005 section 4(2) Geneva Conventions Amendment Act 2005
7: Reduction of sentence, and custody of protected prisoners of war and internees
1: When a protected prisoner of war or a protected internee is convicted of an offence, the court shall,—
a: in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and
b: in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account.
2: Where the Minister of Justice is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than 3 months, that Minister may direct that the prisoner shall be transferred from that custody to the custody of an officer of the New Zealand armed forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed for his or her Section 7(2) amended 23 April 2014 section 9 Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Prevention of abuse of Red Cross and other emblems
8: Use of Red Cross and other emblems
1: Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Minister of Defence or a person authorised by him or her
a: the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation Red Cross Geneva Cross
b: the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation Red Crescent
ba: the emblem of a red crystal, composed of a red frame in the shape of a square on edge on a white ground, or the designation Red Crystal
c: the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right forepaw a scimitar, with, appearing above the lion's back, the upper half of the sun shooting forth rays, or the designation Red Lion and Sun
d: any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem:
e: any design or wording so nearly resembling any of the emblems or designations specified in the foregoing provisions of this subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.
2: If any person contravenes the foregoing provisions of this section he or she $10,000
3: The Minister of Defence or a person authorised by that Minister to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Conventions or of the Protocols
4: In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or paragraph (c) of subsection (1).
4A: In the case of a trade mark registered before subsection (1)﻿(ba) comes into force, subsections (1) to (3) do not apply by reason only of the trade mark consisting of or containing a design or wording that reproduces or resembles the emblem or the designation specified in subsection (1)﻿(ba).
5: If a person is charged with using a design or wording to which subsection (4) or (4A) applies for any purpose and it is proved that he or she used it otherwise than as, or as part of, a trade mark registered as aforesaid, it is a defence for him or her to prove—
a: that he or she lawfully used that design or wording for that purpose before the passing of this Act or subsection (1)﻿(ba) comes into force (as the case may be); or
b: in a case where he or she is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he or she acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act or subsection (1)﻿(ba) comes into force (as the case may be).
6: Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he or she
7: This section extends to the use in or outside New Zealand of an emblem, designation, design, or wording referred to in subsection (1) on any New Zealand ship or New Zealand aircraft.
8: No one shall be prosecuted for an offence under this section without the leave of the Attorney-General.
9: Subsection (2) of section 18 of the Trade Marks Act 1953 Section 8(1) amended 23 April 2014 section 10(1) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(1)﻿(ba) inserted 23 April 2014 section 10(2) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(2) amended 23 April 2014 section 10(3)﻿(a) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 8(2) amended 12 December 2012 section 10(3)﻿(b) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(3) amended 10 July 1987 Geneva Conventions Amendment Act 1987 Section 8(4A) inserted 23 April 2014 section 10(4) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(5) replaced 23 April 2014 section 10(5) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Section 8(6) amended 23 April 2014 section 10(6) Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012 Miscellaneous
9: 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 the assignment, remuneration, and disbursement of counsel for the purposes of section 5
b: prescribing the form of flags, emblems, signs, signals, designations, designs, wordings, uniforms, and insignia for use for the purposes of the Conventions or the Protocols or both, and regulating their use:
c: prescribing the form of identification cards for use for the purposes of the Conventions or the Protocols or both, and regulating their use:
d: for the purpose of giving effect to Article 38 or Article 39 of the First Protocol, prohibiting or restricting the use of such flags, emblems, signs, signals, insignia, or uniforms as may be specified in the regulations:
e: providing for the keeping of such records, and the recording of such information, as are required to be kept or recorded under the Conventions or the Protocols:
f: prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and prescribing the amounts of the fines that may be imposed in respect of such offences, which fines shall be an amount not exceeding $1,000:
g: providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Regulations under this section are 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 9 replaced 10 July 1987 Geneva Conventions Amendment Act 1987 Section 9(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Application to Tokelau
1: This Act is in force in Tokelau.
2: In this Act, except in this section, New Zealand
3: Every reference in this Act to the Attorney-General includes, in relation to Tokelau, the Administrator of Tokelau.
4: The other Ministers specified in this Act may exercise the powers conferred on them by this Act in Tokelau. Section 10 replaced 23 April 2014 section 11 Geneva Conventions (Third Protocol—Red Crystal Emblem) Amendment Act 2012
11: Repeal and savings
1: The Geneva Convention Act 1936 is hereby repealed.
2: Without limiting the provisions of the Acts Interpretation Act 1924