Consular Privileges and Immunities Act 1971

1: Short Title and commencement
1: This Act may be cited as the Consular Privileges and Immunities Act 1971.
2: This Act shall come into force on 1 April 1972.
2: Interpretation
In this Act, unless the context otherwise requires,— Commonwealth country the Convention Schedule 1 Minister Expressions defined in Article 1 Section 2 Minister replaced 1 July 1993 section 6(1) Foreign Affairs Amendment Act 1993
3: Application of this Act
The provisions of this Act 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.
4: Consular privileges and immunities
1: Subject to subsection (7), the following provisions of the Convention shall have the force of law in New Zealand, namely:
a: Articles 1 5 15 Article 17 paragraphs 1, 2, and 4 of Article 31 Articles 32 33 35 39 Article 41 Articles 43 to 45 48 to 54 Article 55 paragraph 2 of Article 57 Articles 60 to 62 66 67 Article 70
b: paragraphs 1, 2, and 3 of Article 58
c: Article 71 Article 42
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 consular post or persons connected with any consular post, 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 consular post of that State and persons connected with that consular post 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 5
4: In subsection (2), the expression persons connected with any consular post section 7
5: In subsections (2) and (3), the expression treatment more favourable
6: Where by virtue of this Act any immunity from jurisdiction is accorded to persons who do not enjoy immunity under the Convention, that immunity may be waived in the manner and subject to the conditions specified in Article 45
7: 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 2 of Article 31
d: the reference in paragraph 1 of Article 41
e: the reference in paragraph 3 of Article 44
f: the reference in Article 45
g: Articles 50 to 52 54 62 67
h: the reference in paragraph 1 of Article 50 Article 62 provided that any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) shall not be prejudiced:
i: the reference in paragraph 2 of Article 57 section II
j: the reference in paragraph 4 of Article 70 Part 1
k: the reference in paragraph 1 of Article 71
8: An order under subsection (3) 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 4(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Immunities of certain employees of a consular post who are New Zealand citizens or residents
Consular employees of a consular post headed by a career consular officer who are New Zealand citizens or are permanently resident in New Zealand shall be accorded immunity from jurisdiction in respect of official acts performed in the exercise of their functions.
6: Withdrawal of consular privileges and immunities
1: Where the Governor-General is satisfied that the privileges and immunities accorded in relation to a consular post of New Zealand in any State, or to persons connected with that consular post, are less than those conferred by or by virtue of this Act in relation to a consular post of that State, or to persons connected with any such consular post, he may, by Order in Council, withdraw, modify, or restrict, in relation to that consular post or to persons connected with that consular post, 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 (aa) of the proviso to section 6 of the British Nationality and New Zealand Citizenship Act 1948 (which relates to the citizenship of the children of certain persons possessing consular immunities).
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 6(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
7: Immunities of certain persons in service of Commonwealth or foreign countries
1: The Governor-General may from time to time, by Order in Council, confer on—
a: persons in the service of the Government of any country; and
b: persons in the service of the Government of any territory for whose international relations the Government of any Commonwealth country is responsible— performing functions corresponding to those of a consular officer or consular employee, and holding such offices or classes of offices as are specified in the order, such immunity from jurisdiction, and such inviolability, as are specified in the order.
2: The Governor-General may from time to time, by Order in Council, declare that the provisions of this Act shall apply, to such extent as may be specified in the order, to persons appointed by the Government of any other Commonwealth country to serve as consular officers or consular employees in New Zealand.
3: Any Order in Council made under this section may accord, to such extent as may be specified in the order, inviolability to the official premises and official archives of any person in respect of whom an order has been made for the purposes of this section.
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 7(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
8: Refunds or payments where fiscal privileges accorded
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 4
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 by the making of any refund or payment directed under this section, the Minister of Finance may direct that such payments be made from a Crown Bank Account
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. Section 8(2) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 8(3) amended 25 January 2005 section 83(7) Public Finance Act 1989
9: Certificate of Minister
If in any proceedings any question arises whether or not any person is or was at any time or in respect of any period accorded any privilege or immunity under or by virtue of this Act, a certificate issued by the Minister stating any fact relevant to that question shall be conclusive evidence of that fact.
10: Saving of legal proceedings
This Act shall not affect any legal proceedings begun before the commencement of this Act.
11: 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 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 11(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: 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 8 the Cabinet of Ministers of Niue
c: every reference in section 8 a Crown Bank Account the Niue Government Account
3: In the application of this Act to Tokelau Tokelau
4: Section 12 heading amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(1) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(2)﻿(b) amended 19 October 1974 section 2(2)﻿(c) Niue Amendment Act 1974 Section 12(2)﻿(c) amended 25 January 2005 section 83(7) Public Finance Act 1989 Section 12(2)﻿(c) amended 19 October 1974 section 2(2)﻿(f) Niue Amendment Act 1974 Section 12(3) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 12(4) repealed 19 October 1974 section 3(1) Niue Amendment Act 1974
13: 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 8 a Crown Bank Account Section 13(2)﻿(c) amended 25 January 2005 section 83(7) Public Finance Act 1989
14: Consequential amendments
1: Amendment(s) incorporated in the Act(s)
2: Section 14(2) repealed 1 November 1987 section 151(1) Immigration Act 1987