New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987

1: Short Title
This Act may be cited as the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987.
2: Interpretation
In this Act, unless the context otherwise requires,— biological weapon Article 1 of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction of 10 April 1972 Schedule 5 foreign military aircraft section 2 of the Defence Act 1971 foreign warship section 2 of the Defence Act 1971
a: belongs to the armed forces of a State other than New Zealand; and
b: bears the external marks that distinguishes ships of that State's nationality; and
c: is under the command of an officer duly commissioned by the Government of that State; and
d: is manned by a crew under regular armed forces discipline immunities internal waters of New Zealand section 4 , Contiguous Zone, nuclear explosive device passage territorial sea of New Zealand section 3 , Contiguous Zone, Section 2 internal waters of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2 territorial sea of New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996
3: Act to bind the Crown
This Act shall bind the Crown.
4: New Zealand Nuclear Free Zone
There is hereby established the New Zealand Nuclear Free Zone, which shall comprise:
a: all of the land, territory, and inland waters within the territorial limits of New Zealand; and
b: the internal waters of New Zealand; and
c: the territorial sea of New Zealand; and
d: the airspace above the areas specified in paragraphs (a) to (c). Prohibitions in relation to nuclear explosive devices and biological weapons
5: Prohibition on acquisition of nuclear explosive devices
1: No person, who is a New Zealand citizen or a person ordinarily resident in New Zealand, shall, within the New Zealand Nuclear Free Zone,—
a: manufacture, acquire, or possess, or have control over, any nuclear explosive device; or
b: aid, abet, or procure any person to manufacture, acquire, possess, or have control over any nuclear explosive device.
2: No person, who is a New Zealand citizen or a person ordinarily resident in New Zealand, and who is a servant or agent of the Crown, shall, beyond the New Zealand Nuclear Free Zone,—
a: manufacture, acquire, or possess, or have control over, any nuclear explosive device; or
b: aid, abet, or procure any person to manufacture, acquire, possess, or have control over any nuclear explosive device.
6: Prohibition on stationing of nuclear explosive devices
No person shall emplant, emplace, transport on land or inland waters or internal waters, stockpile, store, install, or deploy any nuclear explosive device in the New Zealand Nuclear Free Zone.
7: Prohibition on testing of nuclear explosive devices
No person shall test any nuclear explosive device in the New Zealand Nuclear Free Zone.
8: Prohibition of biological weapons
No person shall manufacture, station, acquire, or possess, or have control over any biological weapon in the New Zealand Nuclear Free Zone.
9: Entry into internal waters of New Zealand
1: When the Prime Minister is considering whether to grant approval to the entry of foreign warships into the internal waters of New Zealand, the Prime Minister shall have regard to all relevant information and advice that may be available to the Prime Minister including information and advice concerning the strategic and security interests of New Zealand.
2: The Prime Minister may only grant approval for the entry into the internal waters of New Zealand by foreign warships if the Prime Minister is satisfied that the warships will not be carrying any nuclear explosive device upon their entry into the internal waters of New Zealand.
10: Landing in New Zealand
1: When the Prime Minister is considering whether to grant approval to the landing in New Zealand of foreign military aircraft, the Prime Minister shall have regard to all relevant information and advice that may be available to the Prime Minister including information and advice concerning the strategic and security interests of New Zealand.
2: The Prime Minister may only grant approval to the landing in New Zealand by any foreign military aircraft if the Prime Minister is satisfied that the foreign military aircraft will not be carrying any nuclear explosive device when it lands in New Zealand.
3: Any such approval may relate to a category or class of foreign military aircraft, including foreign military aircraft that are being used to provide logistic support for a research programme in Antarctica, and may be given for such period as is specified in the approval.
11: Visits by nuclear powered ships
Entry into the internal waters of New Zealand by any ship whose propulsion is wholly or partly dependent on nuclear power is prohibited. Savings
12: Passage through territorial sea and straits
Nothing in this Act shall apply to or be interpreted as limiting the freedom of—
a: any ship exercising the right of innocent passage (in accordance with international law) through the territorial sea of New Zealand; or
b: any ship or aircraft exercising the right of transit passage (in accordance with international law) through or over any strait used for international navigation; or
c: any ship or aircraft in distress.
13: Immunities
Nothing in this Act shall be interpreted as limiting the immunities of—
a: any foreign warship or other government ship operated for non-commercial purposes; or
b: any foreign military aircraft; or
c: members of the crew of any ship or aircraft to which paragraph (a) or paragraph (b) applies. Offences
14: Offences and penalties
1: Every person commits an offence against this Act who contravenes or fails to comply with any provision of sections 5 to 8
2: Every person who commits an offence against this Act is liable on conviction Section 14(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
15: Consent of Attorney-General to proceedings in relation to offences
1: No charging document may be filed
a: an offence against this Act; or
b: the offence of conspiring to commit an offence against this Act; or
c: the offence of attempting to commit an offence against this Act,— except with the consent of the Attorney-General: provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for any such person's arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charging document
2: The Attorney-General may, before deciding whether or not to give consent under subsection (1), make such inquiries as the Attorney-General thinks fit. Section 15(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Public Advisory Committee on Disarmament and Arms Control
16: Establishment of Public Advisory Committee on Disarmament and Arms Control
There is hereby established a committee to be called the Public Advisory Committee on Disarmament and Arms Control.
17: Functions and powers of Committee
1: The functions of the Committee shall be—
a: to advise the Minister of Foreign Affairs and Trade
b: to advise the Prime Minister on the implementation of this Act:
c: to publish from time to time public reports in relation to disarmament and arms control matters and on the implementation of this Act:
d: to make such recommendations as it thinks fit for the granting of money from such fund or funds as may be established for the purpose of promoting greater public understanding of disarmament and arms control matters.
2: The Committee shall have all such powers as are reasonably necessary or expedient to enable it to carry out its functions. Section 17(1)﻿(a) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
18: Membership of Committee
1: The Committee shall consist of 9 members, of whom—
a: one shall be the Minister for Disarmament and Arms Control, who shall be the Chairman; and
b: 8 shall be appointed by the Minister of Foreign Affairs and Trade
2: Each member of the Committee appointed under subsection (1)﻿(b) shall be appointed for such term not exceeding 3 years as may be specified in the instrument of appointment, but may from time to time be reappointed.
3: Any such member may be removed from office for incapacity, neglect of duty, or misconduct proved to the satisfaction of the Minister of Foreign Affairs and Trade
4: The functions and powers of the Committee shall not be affected by any vacancy in its membership. Section 18(1)﻿(b) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993 Section 18(3) amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
19: Procedure of Committee
Subject to any directives given by the Minister of Foreign Affairs and Trade Section 19 : amended 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
20: Remuneration and travelling expenses
1: The Committee is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951
2: There shall be paid to the members of the Committee, out of money appropriated by Parliament for the purpose, remuneration by way of fees or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951
21: Money to be appropriated by Parliament for purposes of this Act
All fees, salaries, allowances, and other expenditure payable or incurred under or in the administration of this Act shall be payable out of money to be appropriated by Parliament for the purpose. Amendments to Marine Pollution Act 1974 Heading repealed 20 August 1998 section 481(1) Maritime Transport Act 1994
22: Interpretation
Section 22 repealed 20 August 1998 section 481(1) Maritime Transport Act 1994
23: Application of Part 2 of Marine Pollution Act 1974
Section 23 repealed 20 August 1998 section 481(1) Maritime Transport Act 1994
24: New sections inserted
Section 24 repealed 20 August 1998 section 481(1) Maritime Transport Act 1994
25: Permits
Section 25 repealed 20 August 1998 section 481(1) Maritime Transport Act 1994 Amendments to other Acts
26: Amendment to Diplomatic Privileges and Immunities Act 1968
Amendment(s) incorporated in the Act(s)
27: Amendment to Official Information Act 1982
Amendment(s) incorporated in the Act(s)
28: Amendment to Foreign Affairs
Section 28 repealed 1 December 1988 section 14(1) Foreign Affairs Act 1988