Diplomatic Privileges and Immunities Act 1968

1: Short Title and commencement
1: This Act may be cited as the Diplomatic Privileges and Immunities Act 1968.
2: This Act shall come into force on 1 January 1969.
2: Interpretation
1: In this Act, unless the context otherwise requires,— the Convention Schedule 1 Minister mission State Expressions defined in Article 1 of the Convention have the meanings so defined.
2: For the purposes of this Act the term State Section 2 substituted 8 March 1985 Diplomatic Privileges and Immunities Amendment Act 1985 Section 2(1) Minister substituted 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
1: Diplomatic privileges and immunities
3: Interpretation
Section 3 repealed 8 March 1985 Diplomatic Privileges and Immunities Amendment Act 1985
4: Application of this Part
The provisions of this Part shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in New Zealand immediately before the commencement of this Act.
5: Diplomatic privileges and immunities
1: Subject to subsection (6), the provisions of Articles 1, 22 to 24, and 27 to 40 of the Convention shall have the force of law in New Zealand.
2: Without prejudice to the provisions of subsection (1), the Minister, with the concurrence of the Minister of Finance, may from time to time determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to any mission or persons connected with any mission, notwithstanding that the determination may extend treatment more favourable than that required by the provisions of the Convention, and may in like manner determine the terms and conditions on which those privileges may be enjoyed.
3: For the purpose of giving effect to any custom or agreement by which New Zealand and any other State extend to each other treatment more favourable than is required by the provisions of the Convention, the Governor-General may from time to time, by Order in Council, declare that a mission of that State and persons connected with that mission shall be accorded such immunity from jurisdiction, and inviolability, as are specified in the order: provided that nothing in this subsection shall apply with respect to persons to whom section 6
4: In subsections (2) and (3), the expression treatment more favourable
5: Where by or by virtue of this Act immunity from jurisdiction is accorded to persons who are not diplomatic agents or persons enjoying immunity under Article 37 of the Convention, the immunity accorded to those first-mentioned persons may be waived in the manner and subject to the conditions specified in Article 32 of the Convention, and the waiver shall have the same consequences as a waiver under that Article.
6: For the purposes of the provisions of the Articles referred to in subsection (1)—
a: a reference in those provisions to the receiving State shall be construed as a reference to New Zealand:
b: a reference in those provisions to a national of the receiving State shall be construed as a reference to a New Zealand citizen:
c: the reference in paragraph 1 of Article 22 to agents of the receiving State shall be construed as including a reference to any constable and any person exercising a power of entry to premises:
d: the reference in Article 32 to waiver by the sending State shall be construed as including a waiver by the head of the mission of the sending State or by a person for the time being performing the functions of the head of mission:
e: Articles 35, 36, and 40 shall be construed as granting the privileges or immunities that those Articles require to be granted:
f: the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt shall be construed as including a reference to any law in force in New Zealand relating to the quarantine, or the prohibition or restriction of the importation into, or the exportation from, New Zealand of animals, plants, or goods: provided that any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) shall not be prejudiced:
g: the reference in paragraph 4 of Article 37 to the extent to which privileges and immunities are admitted by the receiving State, and the reference in paragraph 1 of Article 38 to any additional privileges and immunities that may be granted by the receiving State, shall, so far as they relate to privileges, be construed as references to such determinations as may be made by the Minister pursuant to subsection (2), and, so far as they relate to immunities, be construed as references to such immunities as may be conferred by an Order in Council under subsection (3):
h: the reference in paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State shall, so far as it relates to privileges, be construed as a reference to such determinations as may be made by the Minister pursuant to subsection (2), and, so far as it relates to immunities, be construed, in relation to persons to whom section 6
i:
7: For the purposes of subsections (2) and (3),—
a: the term mission
b: the term State
8: An order under subsection (3) is secondary legislation ( see Part 3 1957 No 21 ss 3–5, 7, 9(1)﻿(b), (c), (g)–(i), (2)–(5) 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 5(6)﻿(i) repealed 1 March 1970 Foreign Affairs Amendment Act 1969 Section 5(7) added 14 September 1994 Diplomatic Privileges and Immunities Amendment Act 1994 Section 5(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
6: Immunities of certain members of the staff of a mission who are New Zealand citizens or residents
The members of the administrative and technical staff, and members of the service staff, of a mission who are New Zealand citizens or are permanently resident in New Zealand shall be accorded immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of their functions. 1957 No 21 s 10
7: Withdrawal of diplomatic privileges and immunities
1: Where the Governor-General is satisfied that the privileges and immunities accorded in relation to a mission of New Zealand in any State, or to persons connected with that mission, are less than those conferred by or by virtue of this Part in relation to the mission of that State, or to persons connected with that mission, he may, by Order in Council, withdraw, modify, or restrict, in relation to that mission or to persons connected with that mission, such of the privileges and immunities so conferred to such extent as appears to him to be proper.
2: Any Order in Council under subsection (1) shall be disregarded for the purposes of paragraph (a) of subsection (2) of section 6 of the Citizenship Act 1977
3: An order under this section is secondary legislation ( see Part 3 1957 No 21 s 8 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 7(2) amended 1 January 1978 section 30(2) Citizenship Act 1977 Section 7(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Privileges and immunities of international organisations
or tribunals and associated persons, and representatives attending international conferences Part 2 heading amended 2 March 2004 section 4(1) Diplomatic Privileges and Immunities Amendment Act 2004
8: Meaning of State
Section 8 repealed 8 March 1985 Diplomatic Privileges and Immunities Amendment Act 1985
9: Privileges, immunities, and capacities of certain international organisations and
associated persons
1: This section shall apply to any organisation declared by the Governor-General, by Order in Council, to be an organisation of which 2 or more States or the Governments thereof are members.
2: The Governor-General may from time to time, by Order in Council,—
a: provide that any organisation to which this section applies (hereinafter referred to as the organisation Schedule 2
b: confer upon—
i: any persons who are representatives (whether of Governments or not) on any organ of the organisation or at any conference convened by the organisation or are members of any committee of the organisation or of any organ thereof:
ii: such officers or classes of officers of the organisation as are specified in the order, being the holders of such high offices in the organisation as are so specified:
iii: such persons employed on missions on behalf of the organisation as are specified in the order,— to such extent as may be specified in the order, the privileges and immunities specified in Schedule 3
c: confer upon such other classes of officers and servants of the organisation as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4 and Schedule 5 paragraph (b)﻿(i) mentioned in paragraph (b)﻿(ii) those subparagraphs some or all of provided that no Order in Council under this subsection shall confer any privilege or immunity upon any person as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand or as a member of the staff of such a representative.
3: An order under this section is secondary legislation ( see Part 3 1957 No 21 s 11 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 heading amended 2 March 2004 section 4(2) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9(2) amended 2 March 2004 section 4(3)﻿(a) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9(2) amended 2 March 2004 section 4(3)﻿(b) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9(2) amended 2 March 2004 section 4(3)﻿(c) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9(2) amended 2 March 2004 section 4(3)﻿(d) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9A: Privileges, immunities, and capacities of the Commonwealth Secretariat and
associated persons
1: The Governor-General may from time to time, by Order in Council,—
a: provide that the Commonwealth Secretariat shall, to such extent as may be specified in the order, have the privileges and immunities specified in Schedule 2
b: confer upon—
i: any persons who are representatives (whether of Governments or not) on any organ of the Commonwealth Secretariat or at any conference convened by the Commonwealth Secretariat, or are members of any committee of the Commonwealth Secretariat or of any organ thereof:
ii: such officers or classes of officers of the Commonwealth Secretariat as are specified in the order, being the holders of such high offices in the Commonwealth Secretariat as are so specified:
iii: such persons employed on missions on behalf of the Commonwealth Secretariat as are specified in the order,— to such extent as may be specified in the order, the privileges and immunities specified in Schedule 3
c: confer upon such other classes of officers and servants of the Commonwealth Secretariat as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4 and Schedule 5 paragraph (b)﻿(i) mentioned in paragraph (b)﻿(ii) those subparagraphs some or all of provided that no Order in Council under this subsection shall confer any privilege or immunity upon any person as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand or as a member of the staff of such a representative.
2: Schedules 2 4 5 associated persons
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 9A inserted 8 December 1971 section 2(1) Diplomatic Privileges and Immunities Amendment Act 1971 Section 9A heading amended 2 March 2004 section 4(4)﻿(a) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(1) amended 2 March 2004 section 4(4)﻿(b) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(1) amended 2 March 2004 section 4(4)﻿(c) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(1) amended 2 March 2004 section 4(4)﻿(d) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(1) amended 2 March 2004 section 4(4)﻿(e) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(2) amended 2 March 2004 section 4(4)﻿(f) Diplomatic Privileges and Immunities Amendment Act 2004 Section 9A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9AA: Validation of certain Orders in Council
1: Every Order in Council made under section 9(2)﻿(a) clause 4
a: clause 4
“4: Exemption from taxes and rates, other than taxes on the importation of goods.”; and
b: any clause in any such order that relates to such an exemption had been expressed in the same terms.
2: Every Order in Council made under section 11(2)﻿(a) of the Diplomatic Immunities and Privileges Act 1957, in so far as it purports to have granted an exemption in terms of clause 4 of Schedule 1 of that Act, is deemed to have granted an exemption from taxes and rates, other than taxes on the importation of goods, as if—
a: clause 4 of that schedule had read as follows:
“4: Exemption from taxes and rates, other than taxes on the importation of goods.” and
b: any clause in any such order that relates to such an exemption had been expressed in the same terms.
3: Subsections (1) and (2) apply to orders made before 17 June 1997. Section 9AA inserted 23 September 1997 section 2 Diplomatic Privileges and Immunities Amendment Act 1997
9AB: Privileges and immunities of members, and of private servants of members, of EC delegations
1: The Governor-General may, by Order in Council, confer upon such members or classes of members (for example, administrative and technical staff, but in no case including service staff) of a permanent delegation of the European Commission (an EC delegation Schedule 3
2: The Governor-General may, by Order in Council, confer upon such of the following as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4
a: members of an EC delegation who are service staff:
b: private servants of members of an EC delegation.
3: Schedule 5
4: No Order under this section may confer any privilege or immunity upon any person—
a: as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand; or
b: as a member of the staff of such a representative.
5: An Order made under section 9(2)﻿(a)
6: 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 9AB inserted 2 March 2004 section 3 Diplomatic Privileges and Immunities Amendment Act 2004 Section 9AB(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10: Privileges and immunities of Judges of, and suitors to, the International Court of Justice
1: The Governor-General may from time to time, by Order in Council, confer on the Judges and Registrars of the International Court of Justice established by the Charter of the United Nations, and on suitors to that court and their agents, counsel, and advocates, such privileges, immunities, and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.
2: An order under this section is secondary legislation ( see Part 3 1957 No 21 s 12 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 10(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10A: Facilitation of international inspectors under disarmament treaties
1: The Governor-General may from time to time, by Order in Council,—
a: confer upon any persons who are appointed as inspectors pursuant to any international agreement on disarmament or arms control to which New Zealand is a party all or any of the privileges and immunities specified in Schedule 3
aa: confer upon any persons to whom Part II, Section B of the Verification Annex to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction applies (which Convention is set out in the Schedule of the Chemical Weapons (Prohibition) Act 1996
b: make provision (subject to and consistent with any other international obligations and commitments binding upon New Zealand) for any such persons so appointed to have access to all such information and to all such places in New Zealand as may be relevant to enable those persons to carry out their official duties.
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 10A inserted 8 June 1987 section 26 New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 Section 10A(1)﻿(aa) inserted 29 April 1997 section 31 Chemical Weapons (Prohibition) Act 1996 Section 10A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10B: Privileges and immunities of Judges, Prosecutor, and staff of International War Crimes Tribunal
1: For the purposes of this section, a tribunal
a: the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by the Security Council of the United Nations acting under Chapter VII of the Charter of the United Nations; and
b: the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 established by the Security Council of the United Nations acting under Chapter VII of the Charter of the United Nations; and
c: any other tribunal that the Governor-General, by Order in Council, declares to be a tribunal for the purposes of the International War Crimes Tribunals Act 1995
2: The Governor-General may from time to time by Order in Council confer on the Judges, Prosecutor, and staff of a tribunal such privileges and immunities as may be required by the Statute of the Tribunal as defined in section 2
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 10B inserted 9 June 1995 section 62 International War Crimes Tribunals Act 1995 Section 10B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10C: Privileges and immunities of members of International Tribunal for the Law of the Sea
1: In this section,— Convention tribunal
2: The Governor-General may from time to time, by Order in Council, confer on the members of the tribunal such privileges and immunities as may be required by Article 10 of Annex VI of the 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 10C inserted 1 August 1996 Diplomatic Privileges and Immunities Amendment Act 1996 Section 10C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10D: Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff
1: In this section and section 10E Agreement Assembly of States Parties ICC Rome Statute Schedule
2: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by—
a: Article 48(1) of the Rome Statute or Articles 2 to 12 of the Agreement, or both, on the ICC:
b: Article 48(2) of the Rome Statute or Article 15 of the Agreement, or both, on the following persons:
i: Judges of the ICC:
ii: the Prosecutor of the ICC:
iii: Deputy Prosecutors of the ICC:
iv: the Registrar of the ICC:
c: Article 48(3) of the Rome Statute or Article 16 of the Agreement, or both, on the following persons:
i: the Deputy Registrar of the ICC:
ii: staff of the Office of the Prosecutor of the ICC:
iii: staff of the Registry of the ICC:
d: Article 48(4) of the Rome Statute or Articles 18 to 22 of the Agreement, or both, on counsel, witnesses, victims, experts, and any other person required to be present at the seat of the ICC:
e: Article 14 of the Agreement on representatives of States participating in the proceedings of the ICC:
f: Article 17 of the Agreement on personnel recruited locally by the ICC, other than persons referred to in paragraphs (b) to (e).
3: An Order in Council made under subsection (2) may—
a: confer privileges and immunities on New Zealand citizens and permanent residents subject to some or all of the limitations set out in Article 23 of the Agreement; and
b: refer to the purpose of conferring the privileges and immunities (as set out in Articles 25 and 26 of the Agreement); and
c: refer to how the privileges and immunities may be waived (as set out in Article 48(5) of the Rome Statute and Articles 25 and 26 of the Agreement); and
d: extend the privileges and immunities conferred on the persons referred to in subsection (2)﻿(b) and (c) to members of their families forming part of their households (as contemplated by Article 48(2) of the Rome Statute and to the extent provided in Articles 15 and 16 of the Agreement).
4: 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 10D substituted 2 March 2004 section 5 Diplomatic Privileges and Immunities Amendment Act 2004 Section 10D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
10E: Privileges and immunities of representatives at Assembly of States Parties or its subsidiary organs
1: The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by Article 13 of the Agreement on the following persons:
a: representatives of States Parties to the Rome Statute attending meetings of the Assembly of States Parties or any of its subsidiary organs:
b: representatives of States attending meetings of the Assembly of States Parties or any of its subsidiary organs as observers, as permitted by Article 112(1) of the Rome Statute:
c: representatives of States or intergovernmental organisations invited to meetings of the Assembly of States Parties or any of its subsidiary organs.
2: An Order in Council made under subsection (1) may refer to the purpose of conferring the privileges and immunities and how the privileges and immunities may be waived (as set out in Article 25 of the Agreement).
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 10E inserted 2 March 2004 section 5 Diplomatic Privileges and Immunities Amendment Act 2004 Section 10E(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
11: Privileges and immunities of representatives attending international conferences
1: Where—
a: a conference is held in New Zealand and is attended by representatives of the Government of New Zealand and the Government or Governments of 1 or more States or of any of the territories for whose international relations any of those Governments is responsible; and
b: it appears to the Minister that doubts may arise as to the extent to which the representatives of those Governments (other than the Government of New Zealand) and members of their official staffs are entitled to privileges and immunities,— the Minister may, by notice Part 1
2: A direction under this section is secondary legislation ( see Part 3 1957 No 21 s 14 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 The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 11(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 11(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Reciprocal treatment
Nothing in the foregoing provisions of this Part shall be construed as precluding the Governor-General in Council from declining to accord privileges or immunities to, or from withdrawing, modifying, or restricting privileges or immunities in relation to, nationals or representatives of any State, or the Government thereof, on the ground that that State, or the Government thereof, is failing to accord corresponding privileges or immunities to New Zealand nationals or representatives. 1957 No 21 s 15
3: Consular privileges and immunities
Part 3 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
13: Interpretation
Section 13 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
14: Immunities of foreign consular officers
Section 14 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
15: Immunities of persons in service of Commonwealth countries
Section 15 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
16: Consular privileges
Section 16 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
17: Privileges and immunities of New Zealand citizens and residents
Section 17 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
18: Withdrawal of consular privileges and immunities
Section 18 repealed 1 April 1972 section 14(1)﻿(a) Consular Privileges and Immunities Act 1971
4: Miscellaneous provisions
19: Power to grant exemption from taxation to other Governments and other representatives in New Zealand
1: Notwithstanding anything to the contrary in any Act, the Minister, with the concurrence of the Minister of Finance, may from time to time wholly or partly exempt from any public or local tax, duty, rate, levy, or fee any of the following Governments or persons:
a: the Government of any State
b: a representative or officer of the Government of any country other than New Zealand, or of any provisional Government, national committee, or other authority recognised by Her Majesty in right of New Zealand, if he is temporarily resident in New Zealand in accordance with any arrangement made with the Government of New Zealand:
c: a member of the official or domestic staff, or of the family, of any person to whom paragraph (b) applies.
2: Where a person who is a member of the official or domestic staff of a person to whom paragraph (b) of subsection (1) applies is a New Zealand citizen and not a citizen of the country concerned, or is not resident in New Zealand solely for the purpose of performing his duties as such a member, that person shall not, and a member of the family of that person shall not by reason only of his being a member of that family, be entitled to any exemption granted under subsection (1).
3: In this section the term member of the family
4: An exemption under this section is secondary legislation ( see Part 3 1957 No 21 ss 9(1)﻿(a), (f)–(i), 10 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 It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 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 19(1)﻿(a) amended 8 March 1985 Diplomatic Privileges and Immunities Amendment Act 1985 Section 19(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
20: General provisions as to exemptions
1: The powers conferred on the Governor-General in Council by section 9 or section 9A section 10 section 19 any fee or duty under any Act
2: The powers conferred on the Minister by section 19
a:
b: to exempt any instrument or document or class of instruments or documents made for or relating to the appointment of an executor or administrator in the estate of that person, or to the administration or distribution of the estate, from any fee or duty under any Act
3: Any exemption granted by the Minister under section 19
4: Every exemption referred to in subsection (3) shall come into force on such date as may be specified in that behalf by the Minister. The date so specified may be before or after the date of the granting of the exemption or before or after the commencement of this Act.
5: Notwithstanding the provisions of any exemption referred to in subsection (3), any question arising as to the nature or extent of any such exemption, or to the Governments or persons entitled to any such exemption, shall be referred to and be determined by the Minister. The decision of the Minister shall not be liable to be challenged, reviewed, quashed, or called in question in any court. 1957 No 21 ss 9(2)﻿(a), (b), (3)–(5), 13 Section 20(1) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 20(1) amended 1 April 1972 section 14(1)﻿(b) Consular Privileges and Immunities Act 1971 Section 20(1) amended 8 December 1971 section 2(2)﻿(a) Diplomatic Privileges and Immunities Amendment Act 1971 Section 20(2) amended 1 April 1972 section 14(1)﻿(b) Consular Privileges and Immunities Act 1971 Section 20(2) amended 1 April 1972 section 14(1)﻿(c) Consular Privileges and Immunities Act 1971 Section 20(2)﻿(a) repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 20(2)﻿(b) amended 20 May 1999 section 7 Stamp Duty Abolition Act 1999 Section 20(3) amended 1 April 1972 section 14(1)﻿(b) Consular Privileges and Immunities Act 1971
21: Refunds or payments in case of exemptions from taxation
1: The Minister of Finance may direct that such refunds or payments be made from any public fund or account or from the money of any local authority, public body, or person as may in the opinion of that Minister be necessary to give effect to any fiscal privilege accorded pursuant to section 5 section 9 section 9A section 9AB section 10 section 10D section 10E section 11 section 19
2: Where any loss is suffered by any public fund or account other than a Crown Bank Account a Crown Bank Account
3: Where any loss is suffered by any local authority, public body, or person by reason of the conferring of any such privilege or the granting of any such exemption or by the making of any refund or payment directed under this section, the Minister of Finance may direct that such payments be made from public money
4: All refunds or payments directed under this section to be made from any public fund or account shall be made without further appropriation than this section. 1957 No 21 s 16 Section 21(1) amended 2 March 2004 section 4(5) Diplomatic Privileges and Immunities Amendment Act 2004 Section 21(1) amended 2 March 2004 section 6 Diplomatic Privileges and Immunities Amendment Act 2004 Section 21(1) amended 1 April 1972 section 14(1)﻿(d) Consular Privileges and Immunities Act 1971 Section 21(1) amended 8 December 1971 section 2(2)﻿(b) Diplomatic Privileges and Immunities Amendment Act 1971 Section 21(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 21(3) amended 1 July 1989) section 86(1) Public Finance Act 1989
22: Certificate of Minister
If in any proceedings any question arises whether or not any person or any organisation or the Commonwealth Secretariat 1957 No 21 s 17 Section 22 amended 8 December 1971 section 2(2)﻿(c) Diplomatic Privileges and Immunities Amendment Act 1971
23: Saving of legal proceedings
This Act shall not affect any legal proceedings begun before the commencement of this Act. 1957 No 21 s 18
24: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.
2: Regulations under this section are secondary legislation ( see Part 3 1957 No 21 s 19 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 24(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25: Application of Act to Niue and
Tokelau
1: This Act shall be in force in Niue and in Tokelau
2: In the application of this Act to Niue, unless the context otherwise requires—
a: every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to Niue:
b: every reference in section 21 the Cabinet of Ministers of Niue
c: every reference in section 21 a Crown Bank Account the Niue Government Account
3: In the application of this Act to Tokelau Tokelau 1957 No 21 s 21 Section 25 heading amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 25(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 25(2)﻿(b) amended 19 October 1974 section 2(2)﻿(c) Niue Amendment Act 1974 Section 25(2)﻿(c) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 25(2)﻿(c) amended 19 October 1974 section 2(2)﻿(f) Niue Amendment Act 1974 Section 25(3) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976
26: Application of Act to Cook Islands
Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 of the Cook Islands Constitution Amendment Act 1965) the Government of the Cook Islands has requested and consented to the enactment of a provision extending the provisions of this Act to the Cook Islands as part of the law of the Cook Islands: Be it therefore enacted as follows:
1: This Act shall extend to the Cook Islands as part of the law of the Cook Islands.
2: In the application of this Act to the Cook Islands, unless the context otherwise requires—
a: every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to the Cook Islands:
b: every reference to the Minister of Finance shall be construed as a reference to the Minister of Finance of the Cook Islands:
c: every reference in section 21 a Crown Bank Account
d: every reference in Schedule 2 Schedule 4 1957 No 21 s 21 Section 26(2)﻿(c) amended 25 January 2005 section 83(7) Public Finance Act 1989
27: Repeals
1: The following enactments are hereby repealed:
a: the Diplomatic Immunities and Privileges Act 1957:
b: Amendment(s) incorporated in the Act(s)
2: As from the commencement of this Act, sections 3 and 5 of the Act of the Parliament of Great Britain intituled the Diplomatic Privileges Act 1708 shall cease to have effect as part of the law of New Zealand.