Protected Objects Amendment Act 2006

1: Title
This Act is the Protected Objects Amendment Act 2006.
2: Commencement
1: Section 14
2: The rest of this Act comes into force on 1 November 2006.
3: Principal Act amended
This Act amends the Antiquities Act 1975
1: Amendments to principal Act
4: Title repealed
The Title of the principal Act is repealed.
5: Name of principal Act changed
1: As from the commencement of this section,—
a: the principal Act is called the Protected Objects Act 1975
b: every reference in any enactment and in any document to the Antiquities Act 1975 Protected Objects Act 1975
2: Section 1(1) Antiquities Protected Objects
6: New section 1A inserted
The following section is inserted after section 1
1A: Purpose
The purpose of this Act is to provide for the better protection of certain objects by—
a: regulating the export of protected New Zealand objects; and
b: prohibiting the import of unlawfully exported protected foreign objects and stolen protected foreign objects; and
c: providing for the return of unlawfully exported protected foreign objects and stolen protected foreign objects; and
d: providing compensation, in certain circumstances, for the return of unlawfully exported protected foreign objects; and
e: enabling New Zealand's participation in—
i: the UNESCO Convention; and
ii: the UNIDROIT Convention; and
f: establishing and recording the ownership of nga taonga tuturu; and
g: controlling the sale of nga taonga tuturu within New Zealand.
7: Interpretation
1: Section 2 antiquity artifact authorised public museum work of art.
2: Section 2 authorised public museum Schedule 1 comparable examples craft section 2(1) of the Customs and Excise Act 1996 expert examiner export
a: placed on board any craft for transportation to a point outside New Zealand; or
b: taken into a Customs controlled area or Customs place for removal from New Zealand; or
c: delivered as a postal article into the control of a postal service provider for removal from New Zealand foreign cultural institution foreign public collection
a: a State, other than New Zealand, that is a party to the UNIDROIT Convention; or
b: a regional or local authority of that State; or
c: a religious institution in that State; or
d: an institution that is—
i: established for an essentially cultural, educational, or scientific purpose in that State; and
ii: recognised in that State as serving the public interest import Ministry nga taonga tuturu object protected foreign object
a: rare collections and specimens of fauna, flora, minerals, and anatomy, and objects of palaeontological interest:
b: property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists, and artists, and to events of national importance:
c: products of archaeological excavations (whether or not permitted) or of archaeological discoveries:
d: elements of artistic or historical monuments or archaeological sites which have been dismembered:
e: antiquities more than 100 years old, such as inscriptions, coins, and engraved seals:
f: objects of ethnological interest:
g: property of artistic interest, including (but not limited to)—
i: pictures, paintings, and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand):
ii: original works of statuary art and sculpture in any material:
iii: original engravings, prints, and lithographs:
iv: original artistic assemblages and montages in any material:
h: rare manuscripts and incunabula, old books, documents, and publications of special interest singly or in collections:
i: postage, revenue, and similar stamps, singly or in collections:
j: archives, including sound, photographic, and cinematographic archives:
k: articles of furniture more than 100 years old and old musical instruments protected New Zealand object
a: is of importance to New Zealand, or to a part of New Zealand, for aesthetic, archaeological, architectural, artistic, cultural, historical, literary, scientific, social, spiritual, technological, or traditional reasons; and
b: falls within 1 or more of the categories of protected objects set out in Schedule 4 reciprocating State
a: a State, other than New Zealand, that—
i: is a party to the UNIDROIT Convention; or
ii: is a party to the UNESCO Convention and provides New Zealand with treatment substantially the same as the treatment New Zealand provides under sections 10A to 10C
b: a State that is specified in regulations made under section 22 stolen protected foreign object
a: unlawfully excavated; or
b: lawfully excavated but unlawfully retained taonga tuturu
a: relates to Maori culture, history, or society; and
b: was, or appears to have been,—
i: manufactured or modified in New Zealand by Maori; or
ii: brought into New Zealand by Maori; or
iii: used by Maori; and
c: is more than 50 years old UNESCO Convention Schedule 2 UNIDROIT Convention Schedule 3 unique unlawfully exported protected foreign object
a: has been temporarily exported from a State for purposes such as exhibition, research, or restoration under a permit issued by that State; and
b: has not been returned to that State when required by that permit .
3: Section 2
a: omitting from the definition of collector artifacts taonga tuturu
b: omitting from the definition of found artifact taonga tuturu
c: omitting from the definition of replica of an artifact
i: an artifact a taonga tuturu
ii: individual artifact individual taonga tuturu
4: Section 2
a: inserting in paragraph (a) relative , civil union partner, or de facto partner spouse
b: inserting in paragraph (c) relative , in a civil union, or in a de facto relationship marriage
5: Section 2
2: Every reference in any enactment enacted, and in any document made, before the commencement of the Protected Objects Amendment Act 2006 to—
a: the word artifact taonga tuturu
b: the word antiquity protected New Zealand object
8: Minister may acquire antiquities
1: The heading to section 4 antiquities protected New Zealand objects
2: Section 4(1) antiquity protected New Zealand object
3: Section 4(2) antiquity protected New Zealand object
9: Sections 5 to 7 repealed
Sections 5 to 7
10: New Part 1 inserted
The following Part is inserted before section 8
1: Protected New Zealand objects, unlawfully exported protected foreign objects, and stolen protected foreign objects
Protected New Zealand objects
5: Export prohibition
1: A person may not export, or attempt to export, a protected New Zealand object from New Zealand—
a: unless—
i: that person has submitted to the chief executive an application for permission to export that object; and
ii: the chief executive has—
A: granted the application for permission to export; and
B: provided that person with a certificate of permission under section 7H
iii: the export conforms with any terms and conditions imposed by that authorisation; or
b: unless the chief executive, by notice in the Gazette
2: Every person who exports, or attempts to export, a protected New Zealand object, other than in accordance with subsection (1)
a: in the case of an individual, to a fine not exceeding $100,000 or a term of imprisonment not exceeding 5 years, or to both:
b: in the case of a body corporate, to a fine not exceeding $200,000. UNESCO Convention, art 3
6: Applications for permission to export protected New Zealand objects
1: An application for permission to export a protected New Zealand object from New Zealand must—
a: be in the form prescribed by the chief executive; and
b: demonstrate, to the satisfaction of the chief executive,—
i: that the applicant has undisputed title to that object; and
ii: if the object is held in trust, that all of the trustees support the application.
2: Nothing in this section applies to any object lawfully taken and ordinarily kept outside New Zealand but temporarily within New Zealand.
7: Chief executive must refuse or grant applications for permission to export
1: The chief executive must, in writing,—
a: refuse to grant an application for permission to export; or
b: grant that application for permission to export—
i: unconditionally; or
ii: subject to any terms and conditions that the chief executive considers appropriate in the circumstances.
2: If the chief executive grants an application for permission to export, he or she must provide the applicant with written notice of the terms and conditions imposed under subsection (1)(b)(ii)
7A: Chief executive may not grant applications for permission to export in certain circumstances
1: The chief executive may not grant an application for permission to export if the chief executive determines that the object—
a: is—
i: a protected New Zealand object; and
ii: substantially physically authentic and—
A: made or naturally occurring in New Zealand; or
B: made with New Zealand materials; or
C: used by New Zealanders; or
D: related to New Zealand; and
b: is—
i: associated with, or representative of, activities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or
ii: important to New Zealand for its technical accomplishment or design, artistic excellence, or symbolic, commemorative, or research value; or
iii: part of a wider historical, scientific, or cultural collection or assemblage of importance to New Zealand; and
c: is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand's cultural heritage.
2: Despite subsection (1) section 7(1)(b)(ii) or section 8(1)
3: In making a determination under subsection (1) Expert examiners
7B: Expert examiners
1: When determining an application for permission to export, the chief executive must consult 2 or more expert examiners.
2: For the purposes of subsection (1)
3: The chief executive must be satisfied that the expert examiners with whom he or she consults are experts in the field relevant to the particular application for permission to export.
7C: Matters expert examiners must consider
With respect to examining an object subject to an application for permission to export, the relevant expert examiner must have regard to the matters specified in section 7A(1)
7D: Expert examiners must recommend that applications for permission to export not be granted in certain circumstances
An expert examiner must provide the chief executive with a recommendation not to grant an application for permission to export if the protected New Zealand object is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand's cultural heritage.
7E: Protection from liability
No expert examiner may be held personally liable for any advice or recommendation that the expert examiner provides in good faith in relation to sections 7A to 7D Registered objects
7F: Register
1: The chief executive must establish and maintain a register of objects, or categories of objects, of national significance.
2: The register—
a: must include (but is not limited to) any protected New Zealand object in respect of which the chief executive has refused to grant an application for permission to export; and
b: may include any protected New Zealand object—
i: that its owner submits for inclusion in the register; and
ii: that is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand's cultural heritage.
3: An object may only be removed from the register if it no longer meets the criteria specified in subsection (2)
4: The register is not available for public inspection.
7G: Registered object may not be permanently exported
1: A registered object may not be permanently exported from New Zealand.
2: If a registered object is permanently exported from New Zealand, the chief executive may take any appropriate action that he or she thinks fit to seek to have the object returned to New Zealand. Certificate of permission
7H: Certificate of permission
If permission is granted by the chief executive for the export of a protected New Zealand object, a certificate must be issued to the applicant under the hand of the chief executive.
11: Conditions imposed by chief executive
Section 8(1) antiquity protected New Zealand object
12: Appeal against chief executive's decision
1: Section 9(1) his his or her
2: Section 9(1) antiquity protected New Zealand object
3: Section 9(1) he the Minister
13: Application of Customs and Excise Act 1996
1: Section 10(1) antiquity protected New Zealand object
2: Section 10(1) other than section 235 except sections 229, 235, 236(2) to (4), and 237 of that Act
3: Section 10 subsection 1
1A: The powers conferred on Customs officers under the Customs and Excise Act 1996 sections 229, 235, 236(2) to (4), and 237 of that Act
1B: The forfeiture of an object under subsection (1)
4: Section 10(2)
a: omitting antiquity protected New Zealand object
b: omitting condemned seized
c: omitting Minister chief executive
d: omitting Minister's chief executive's
5: Section 10
3: Subject to the provisions of this Act,—
a: the provisions of the Customs and Excise Act 1996 sections 229, 235, 236(2) to (4), and 237 of that Act
b: that object is to be treated as a prohibited import under section 54 of that Act
4: If the New Zealand Customs Service seizes an unlawfully exported protected foreign object or a stolen protected foreign object, that object must be—
a: transferred to the Ministry; and
b: held by the Ministry, in accordance with the directions of the chief executive (if any), until any proceedings related to that object under this Act or the Customs and Excise Act 1996
5: Despite anything in the Customs and Excise Act 1996
a: a prosecution for an offence under this Act or the Customs and Excise Act 1996
i: may be commenced at any time within 5 years from the date on which that offence was committed; but
ii: may not be commenced after the expiration of 5 years from the date on which that offence was committed; and
b: no customs duties or taxes are payable in respect of a protected foreign object whose return is ordered by a court under section 10B or section 10E
14: New headings and sections 10A to 10F inserted
The following headings and sections are inserted after section 10 Unlawfully exported protected foreign objects
10A: Import prohibitions
A person may not import into New Zealand an unlawfully exported protected foreign object. UNESCO Convention, arts 3, 7
10B: Claims for return of unlawfully exported protected foreign objects
1: A reciprocating State may bring a claim in a court of competent jurisdiction for the return of an unlawfully exported protected foreign object against the person who possesses that object within—
a: 3 years of the date on which the claimant knew—
i: the location of that object; and
ii: the identity of the possessor of that object; and
b: 50 years of the date on which that object—
i: was unlawfully exported; or
ii: should have been returned to that State under a permit for temporary export issued by that State.
2: The court must order the return of the unlawfully exported protected foreign object if the claimant establishes that—
a: the removal of that object from the claimant's territory significantly impairs 1 or more of the following interests:
i: the physical preservation of that object or its context:
ii: the integrity of a complex object:
iii: the preservation of information, including (but not limited to) information of a scientific or historical character:
iv: the traditional or ritual use of that object by a tribal or indigenous community; or
b: the object is of significant cultural importance for the claimant. UNIDROIT Convention, art 5
10C: Compensation for and costs of returning unlawfully exported protected foreign objects
1: If a court orders the return of an unlawfully exported protected foreign object, the relevant reciprocating State must, at the time of the return, pay fair and reasonable compensation to the person who possesses that object, provided that—
a: the object was acquired after it was unlawfully exported; and
b: the person did not know, and could not reasonably be expected to have known, that the object, at the time it was acquired, was unlawfully exported.
2: In determining whether the person knew, or could reasonably be expected to have known, that the object was unlawfully exported, a court must have regard to the circumstances of the acquisition, including (but not limited to) the absence of an export certificate issued under the law of the relevant reciprocating State.
3: If the relevant reciprocating State agrees, the person required to return an unlawfully exported protected foreign object may, in lieu of compensation,—
a: retain ownership of that object; or
b: transfer ownership, gratuitously or against payment, to a person who—
i: resides in that State; and
ii: provides any guarantees required by that State.
4: The relevant reciprocating State must, without prejudice to its right to recover costs from any other person, meet the cost of returning an unlawfully exported protected foreign object under this section.
5: Despite anything in this section, if a person required to return an unlawfully exported protected foreign object acquired that object gratuitously (by inheritance or otherwise), that person may not be placed in a position more favourable than the position of the person from whom that object was acquired. UNIDROIT Convention, arts 6, 9(1) Stolen protected foreign objects
10D: Objects stolen from foreign cultural institution
1: This section applies if—
a: a protected foreign object that is documented as being part of the inventory of a foreign cultural institution is stolen and imported into New Zealand; and
b: the relevant reciprocating State provides New Zealand with the documentation and other evidence to establish its claim for the recovery and return of that object to the chief executive.
2: If this section applies, the chief executive must,—
a: at the request of the relevant reciprocating State, ask the New Zealand Customs Service to—
i: seize that object pursuant to its powers under the Customs and Excise Act 1996 sections 229, 235, 236(2) to (4), and 237 of that Act
ii: transfer that object to the Ministry; and
b: if that object is seized, return that object to that State if that State pays—
i: just compensation to any person who—
A: has valid title to that object; or
B: is an innocent purchaser; and
ii: all costs with respect to the return and delivery of the object. UNESCO Convention, art 7(b)(ii)
10E: Restitution of stolen protected foreign objects
1: A person in possession of a stolen protected foreign object must return that object to its rightful owner.
2: A claim for the restitution of a stolen protected foreign object against the person who possesses that object may be brought in a court of competent jurisdiction within—
a: 3 years of the date on which the claimant knew—
i: the location of that object; and
ii: the identity of the possessor of that object; and
b: 50 years of the date on which that object was stolen.
3: Subsection (2)(b)
a: that object—
i: forms an integral part of an identified monument or archaeological site in the relevant reciprocating State; or
ii: is part of a foreign public collection; or
b: that object—
i: was made by a member or members of a tribal or indigenous community for traditional or ritual use by that community; and
ii: is to be returned to that community.
4: Except as provided in section 10D(2)(b)
5: Despite anything in the Limitation Act 1950 UNIDROIT Convention, arts 3, 4 Application
10F: Application of certain sections
1: Sections 10A to 10C
2: Sections 10D and 10E
3: Sections 10A to 10C
a: the export of a protected foreign object is no longer unlawful in the relevant reciprocating State at the time that the object is imported into New Zealand or its return is requested; or
b: the protected foreign object was exported from the relevant reciprocating State during the lifetime of the person who created it or within a period of 50 years following the death of that person.
4: Despite subsection (3)(b), sections 10A to 10C
a: a protected foreign object was made by a member or members of a tribal or indigenous community for traditional or ritual use; and
b: that object is to be returned to that community.
5: In any proceedings under sections 10B or 10E UNIDROIT Convention, arts 7, 8(3), and 10 .
15: New Part heading inserted
The following Part heading is inserted before section 11
2: Nga taonga tuturu ownership and Maori Land Court
.
16: Establishing ownership and custody of artifacts
1: The heading to section 11 artifacts nga taonga tuturu
2: Section 11(1) artifact taonga tuturu
3: Section 11(2)
a: omitting artifact taonga tuturu
b: omitting Minister chief executive
c: inserting or occupation virtue of ownership
4: Section 11(3) artifact taonga tuturu
5: Section 11 subsections (4) (5)
4: Upon receipt of a notification in accordance with subsection (3)
a: take the action that the chief executive considers appropriate to—
i: provide for the examination of the taonga tuturu, its care, its recording, and its custody on such conditions as the chief executive considers fit; and
ii: notify any parties that may have an interest in the taonga tuturu; and
b: publish a public notice that calls for claims of ownership to be lodged with the chief executive within 60 working days of the date on which the notice is published.
5: If only 1 claim of ownership is lodged, the chief executive must, if satisfied that the claim is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tuturu.
6: If 2 or more competing claims are lodged, the chief executive must—
a: consult the claimants for the purpose of resolving the competing claims; and
b: if satisfied that the competing claims have been resolved and that the resolution is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tuturu.
7: If 2 or more competing claims are lodged, and cannot be resolved, the chief executive may, if requested by a claimant, facilitate the applications of any or all of the claimants to the Maori Land Court.
8: For the purposes of this section, ownership
9: Every person who finds a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, and who contravenes subsection (3)
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
17: Maori Land Court's jurisdiction over artifacts
1: The heading to section 12 artifacts nga taonga tuturu
2: Section 12(1) artifact taonga tuturu
3: Section 12(1)(a)
a: omitting Minister chief executive
b: omitting an artifact a taonga tuturu
4: Section 12(1)(b) artifact taonga tuturu
5: Section 12(1)(c) artifact taonga tuturu
6: Section 12(1)(d)
a: omitting artifact taonga tuturu
b: omitting him by the Maori Affairs Act 1953 him or her by Te Ture Whenua Maori Act 1993
7: Section 12(1)(e) artifact taonga tuturu
8: Section 12(1)(g)
a: omitting artifact taonga tuturu
b: omitting section 443 of the Maori Affairs Act 1953 section 222 of Te Ture Whenua Maori Act 1993
9: Section 12(2)
a: omitting artifact taonga tuturu
b: omitting an artifact a taonga tuturu
c: omitting Maori custom Maori custom
10: Section 12(3) section 30(1)(f) of the Maori Affairs Act 1953 section 19(1)(b) of Te Ture Whenua Maori Act 1993
11: Section 12
4: To avoid doubt, section 30 of Te Ture Whenua Maori Act 1993
18: New Part heading inserted
The following Part heading is inserted after section 12
3: Miscellaneous
.
19: Disposal of artifacts
1: The heading to section 13 artifacts nga taonga tuturu
2: Section 13(1)
a: omitting artifact taonga tuturu
b: omitting an artifact a taonga tuturu
3: Section 13(2) artifact taonga tuturu
4: Section 13(3)
a: omitting his his or her
b: omitting he the chief executive
c: omitting artifacts nga taonga tuturu
5: Section 13 subsection (4)
4: Every person, other than a registered collector, who contravenes the provisions of this section commits an offence and is liable on summary conviction,—
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
6: Section 13(5) artifact taonga tuturu
7: Section 13(6)
a: omitting artifact taonga tuturu
b: omitting his his or her
20: Registration of collectors
1: Section 14(1)
a: omitting his his or her
b: omitting artifacts nga taonga tuturu
c: omitting artifact taonga tuturu
2: Section 14(2) artifacts nga taonga tuturu
3: Section 14(3)
a: omitting his his or her
b: omitting His his or her
c: omitting He he or she
4: Section 14(4) artifacts nga taonga tuturu
5: Section 14 subsection (6)
6: Every person commits an offence who,—
a: not being a registered collector,—
i: acquires or attempts to acquire a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, otherwise than in accordance with any provision of this Act; or
ii: falsely declares to any person that he or she is a registered collector; or
b: being a registered collector, fails to comply with any of the conditions of registration specified in subsection (3)
7: Every person who commits an offence under subsection (6)
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
21: New section 14A inserted
The following section is inserted after section 14
14A: Duties of executors
1: If a registered collector dies, the executor of the estate of that collector must, as soon as practicable (but no later than 90 days after the death of that collector), notify the chief executive that the collector has died.
2: Every person who knowingly contravenes subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of a body corporate, to a fine not exceeding $20,000.
22: Licensing of auctioneers and secondhand dealers
1: Section 15(1)
a: omitting artifacts nga taonga tuturu
b: omitting he he or she
2: Section 15(2) He he or she
3: Section 15(2)(a)
a: omitting every artifact every taonga tuturu
b: omitting an artifact a taonga tuturu
4: Section 15(2)(b)
a: omitting artifact taonga tuturu
b: omitting an artifact a taonga tuturu
5: Section 15(2)(c)
a: omitting artifacts nga taonga tuturu
b: omitting he he or she
c: omitting artifact taonga tuturu
6: Section 15(2)(d)
a: omitting artifact taonga tuturu
b: omitting him him or her
7: Section 15(2)(e) artifact taonga tuturu
8: Section 15(2)(f)
a: omitting an artifact a taonga tuturu
b: omitting artifacts nga taonga tuturu
9: Section 15(2)(h) his his or her
10: Section 15 subsection (6)
6: Every person commits an offence who,—
a: in a manner contrary to the provisions of this section, purchases or attempts to purchase, or sells or attempts to sell, a taonga tuturu, knowing or having reasonable cause to suspect that it is a taonga tuturu, or falsely declares to any person that he or she is a licensed auctioneer or a licensed secondhand dealer; or
b: being a licensed auctioneer or a licensed secondhand dealer, fails to comply with any of the conditions of his or her licence specified in subsection (2)
7: Every person who commits an offence under subsection (6)
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
23: Certificate of examination to be issued by authorised public museum
1: Section 16(1) artifact taonga tuturu
2: Section 16(2) artifact taonga tuturu
3: Section 16(3) artifact taonga tuturu
4: Section 16(4) artifact taonga tuturu
5: Section 16(4) to a fine not exceeding $500 , in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu or, in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu
24: Disclosure of information
1: Section 17(1) artifact taonga tuturu
2: Section 17(2)
2: Every person who knowingly acts in contravention of subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
25: Replica of artifact
1: The heading to section 18 artifact taonga tuturu
2: Section 18(1) artifact taonga tuturu
3: Section 18 subsection (2)
2: Every person who, without reasonable cause, fails to comply with the provisions of subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tuturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tuturu.
26: New section 18A inserted
The following section is inserted after section 18
18A: Wilful damage
Every person who wilfully damages or destroys an object that is subject to an export application, or has been refused export permission under this Act, commits an offence, and is liable on summary conviction,—
a: in the case of an individual, to a fine not exceeding $10,000 for each object or a term of imprisonment not exceeding 2 years:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each object.
27: Section 19 repealed
Section 19
28: Annual report
Section 20
a: omitting his his or her
b: omitting the artifacts nga taonga tuturu
c: omitting antiquities protected New Zealand objects
29: Saving of other enactments
Section 21 he he or she
30: New section 22 substituted
Section 22
22: Regulations
The Governor-General may, by Order in Council, make regulations—
a: specifying that a particular object is a protected New Zealand object if that object—
i: is substantially physically authentic and is—
A: made or naturally occurring in New Zealand; or
B: made with New Zealand materials; or
C: used by New Zealanders; or
D: related to New Zealand; and
ii: is—
A: associated with, or representative of, activities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or
B: important to New Zealand for its technical accomplishment or design, artistic excellence, or symbolic, commemorative, or research value; or
C: part of a wider historical, scientific, or cultural collection or assemblage of importance to New Zealand; and
iii: is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand's cultural heritage; and
b: specifying that a State is a reciprocating State; and
c: providing for any matters that are contemplated by this Act, or necessary for giving full effect to its provisions and for its due administration. 1962 No 37, s 16 .
31: Schedule amended
The Schedule is amended by omitting the heading Schedule Schedule 1
32: New schedules added
The schedules set out in Schedule 1
2: Consequential amendments
33: Amendment to
Gambling (Prohibited Property) Regulations 2005 Regulation 4(d) Gambling (Prohibited Property) Regulations 2005
d: a taonga tuturu (within the meaning of the Protected Objects Act 1975 .
34: Amendments to Maori Land Court Rules 1994
1: Rule 46(1) Maori Land Court Rules 1994 ; or
g: an application is made under section 11(5) or section 11(6) of the Protected Objects Act 1975
2: The heading to rule 163 Maori Land Court Rules 1994 Antiquities Protected Objects
3: Rule 163(1) Maori Land Court Rules 1994 Antiquities Protected Objects
4: Rule 163(2) Maori Land Court Rules 1994 Antiquities Protected Objects
35: Consequential amendments to other Acts
The Acts specified in Schedule 2