1: Short Title and commencement
1: This Act may be cited as the Foreign Affairs
2: This Act shall come into force on 1 December 1988. Section 1(1) amended 1 July 1993 section 2(2) Foreign Affairs Amendment Act 1993
2: Interpretation
In this Act, unless the context otherwise requires,— head of mission
a: High Commissioner for New Zealand in any Commonwealth country, or in the Cook Islands; or
aa: High Commissioner for New Zealand in Niue; or
b: Ambassador of New Zealand to any State that is not a Commonwealth country; or
c: head of mission for New Zealand at any international organisation; or
d: head of mission for New Zealand (not being a high commissioner or ambassador) to any State head of post Ministry Secretary State State services section 5 Section 2 head of mission substituted 1 July 1993 section 3(1) Foreign Affairs Amendment Act 1993 Section 2 head of mission inserted 1 July 1993 section 3(2) Foreign Affairs Amendment Act 1993 Section 2 Ministry substituted 1 July 1993 section 3(3) Foreign Affairs Amendment Act 1993 Section 2 Secretary substituted 1 July 1993 section 3(4) Foreign Affairs Amendment Act 1993 Section 2 State services amended 7 August 2020 section 135 Public Service Act 2020
2AA: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2AA inserted 5 April 2023 section 4 Foreign Affairs (Consular Loans) Amendment Act 2023
2A: Maori name of Ministry of Foreign Affairs and Trade
The name of the Ministry of Foreign Affairs and Trade is, in the Maori language, Manatū Aorere. Section 2A inserted 1 July 1993 section 4 Foreign Affairs Amendment Act 1993
3: Secretary of Foreign Affairs and Trade
The chief executive of the Ministry shall be known as the Secretary of Foreign Affairs and Trade. Section 3 substituted 1 July 1993 section 5 Foreign Affairs Amendment Act 1993
4: Appointment of head of mission or head of post
1: The Governor-General may from time to time appoint or reappoint any person as a head of mission or head of post.
2: The procedure put in place by the Secretary pursuant to clause 5 1983 No 128 s 10A 1988 No 34 s 7 Section 4(2) amended 7 August 2020 section 135 Public Service Act 2020
5: Removal from office
The Governor-General may from time to time remove any head of mission or head of post from office. 1983 No 128 s 10B 1988 No 34 s 7
6: Overseas assignments
1: The Secretary may assign to service overseas—
a:
b: any
c: any other person, being an officer or employee of the State services or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003
2: The Secretary may reassign—
a: to service in New Zealand; or
b: to other service overseas,— any person who is assigned to service overseas under subsection (1).
3: The procedure put in place by the Secretary pursuant to clause 5 1983 No 128 s 10C 1988 No 34 s 7 Section 6(1)﻿(a) repealed 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 6(1)﻿(b) amended 25 January 2005 section 19(1) State Sector Amendment Act (No 2) 2004 Section 6(1)﻿(c) amended 1 July 2003 section 84 New Zealand Trade and Enterprise Act 2003 Section 6(3) amended 7 August 2020 section 135 Public Service Act 2020
7: Conditions of service overseas
The Secretary shall determine the allowances and other conditions of service applicable to—
a: any head of mission or head of post; or
b: any person assigned or reassigned under section 6 1983 No 128 s 10D 1988 No 34 s 7
8: Code of conduct
The Secretary may from time to time promulgate a code of conduct for members of the staff of overseas missions and overseas posts, including—
a: heads of mission and heads of post; and
b: persons assigned or reassigned under section 6 1983 No 128 s 10E 1988 No 34 s 7
9: Application of Government Superannuation Fund Act 1956 to persons serving overseas
1: For the purposes of the Government Superannuation Fund Act 1956
a: every overseas mission and overseas post is hereby declared to be, and every overseas mission, overseas post, former overseas mission, and former overseas post is hereby deemed to have been, part of the Government service:
b: a person shall be deemed neither to be, nor to have been, employed in the Government service during any period during which that person is or was serving overseas unless, immediately before the commencement of that period, that person was permanently employed in the Government service.
2: For the purposes of subsection (1), Government service Government Superannuation Fund Act 1956 1983 No 128 s 10F 1988 No 34 s 7
10: Locally engaged staff
Any head of mission or head of post may, on conditions determined by the Secretary, employ persons as members of the local staff of the overseas mission or overseas post concerned. 1983 No 128 s 10G 1988 No 34 s 7
11: Superannuation schemes for locally engaged staff
1: The Secretary may, with the concurrence of the Minister of Finance, determine the superannuation rights of persons employed under section 10
2: All contributions, retiring allowances, annuities, and other amounts payable by the Government of New Zealand pursuant to any determination under subsection (1) shall be paid out of public money Section 11(2) amended 26 July 1989 section 86(1) Public Finance Act 1989
12: Persons assigned overseas who are servicemen
No person shall cease to be a serviceman (within the meaning of section 2 of the Defence Act 1971) for the purposes of that Act or the Armed Forces Discipline Act 1971 section 6 1983 No 128 s 19
12A: Consular loans
1: The Minister of Foreign Affairs, on behalf of the Crown, may lend money to—
a: a New Zealand citizen who is outside New Zealand:
b: a permanent resident who is outside New Zealand:
c: an individual who is assisting a person referred to in paragraph (a) or (b) (an assisting party
2: The Minister may lend money under subsection (1) if the Minister is satisfied that—
a: a person referred to in subsection (1)﻿(a) or (b) is in distress; and
b: exceptional circumstances exist; and
c: lending money would provide short-term assistance consistent with New Zealand’s consular functions.
3: The Minister may lend money under subsection (1) on any terms and conditions that the Minister sees fit.
4: If the Minister lends money under subsection (1), the amount payable by the borrower is recoverable in a court of competent jurisdiction as a debt due to the Crown.
5: In this section,— borrower
a: received a loan under subsection (1); and
b: has not fully repaid the amount payable under the loan permanent resident section 4 Section 12A inserted 5 April 2023 section 5 Foreign Affairs (Consular Loans) Amendment Act 2023
13: Prerogative of Crown not affected
Nothing in this Act extinguishes any power or authority that, if this Act had not been passed, would be exercisable by virtue of the prerogative of the Crown. 1983 No 128 s 25
14: Consequential amendments, repeals, and savings
1: The enactments specified in Schedule 2
2: The following enactments are hereby repealed:
a: the Foreign Affairs Act 1983
b: the Foreign Affairs Amendment Act 1988
3: Without limiting the provisions of the Acts Interpretation Act 1924
a: the repeal, by subsection (2) Foreign Affairs Act 1983 sections 30 and 32(1) of that Act section 25(2) of that Act section 32(6) of that Act
b: the repeal, by subsection (2), of the Foreign Affairs Amendment Act 1988 sections 10 to 12 of that Act Section 14(1) amended 5 April 2023 section 7 Foreign Affairs (Consular Loans) Amendment Act 2023
15: Transitional provisions
1: Every determination made pursuant to section 10D or section 10G or section 10H of the Foreign Affairs Act 1983
2: Every person who, at the commencement of this Act, holds any position pursuant to section 10A or section 10C or section 10G of the Foreign Affairs Act 1983 section 14 of the Foreign Affairs Amendment Act 1988
3:
4:
5:
6: Section 15(3) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(4) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(5) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993 Section 15(6) repealed 1 July 1993 section 9(5) Foreign Affairs Amendment Act 1993