Protected Objects Act 1975

1: Short Title and commencement
1: This Act may be cited as the Protected Objects
2: This Act shall come into force on 1 April 1976. Section 1(1) amended 1 November 2006 section 5(2) Protected Objects Amendment Act 2006
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 ngā taonga tūturu; and
g: controlling the sale of ngā taonga tūturu within New Zealand. Section 1A inserted 1 November 2006 section 6 Protected Objects Amendment Act 2006
2: Interpretation
1: In this Act, unless the context otherwise requires,— auctioneer Auctioneers Act 2013 authorised public museum Schedule 1 book chief executive collector taonga tūturu comparable examples craft section 5(1) 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 found taonga tūturu taonga tūturu taonga tūturu finding finds grave import licence section 15 licensed Minister Ministry ngā taonga tūturu 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 public museum 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 registered collector section 14 relative
a: the spouse , civil union partner, or de facto partner
b: a grandparent, parent, child, brother, sister, uncle, or aunt of that person, whether of the full blood or the half-blood:
c: the issue of any person referred to in paragraph (a) or paragraph (b), and the other person to a marriage , in a civil union, or in a de facto relationship replica of a taonga tūturu individual taonga tūturu secondhand dealer Secondhand Dealers and Pawnbrokers Act 2004 stolen protected foreign object
a: unlawfully excavated; or
b: lawfully excavated but unlawfully retained taonga tūturu
a: relates to Māori culture, history, or society; and
b: was, or appears to have been,—
i: manufactured or modified in New Zealand by Māori; or
ii: brought into New Zealand by Māori; or
iii: used by Māori; and
c: is more than 50 years old type specimen 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.
2: Every reference in any enactment enacted, and in any document made, before the commencement of the Protected Objects Amendment Act 2006
a: the word artifact Protected Objects Amendment Act 2006 taonga tūturu
b: the word antiquity Protected Objects Amendment Act 2006 protected New Zealand object 1962 No 37 s 2 Section 2(1) auctioneer replaced 18 December 2013 section 28(3) Auctioneers Act 2013 Section 2(1) antiquity repealed 1 November 2006 section 7(1) Protected Objects Amendment Act 2006 Section 2(1) artifact repealed 1 November 2006 section 7(1) Protected Objects Amendment Act 2006 Section 2(1) authorised public museum substituted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) chief executive inserted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2(1) collector amended 1 November 2006 section 7(3)﻿(a) Protected Objects Amendment Act 2006 Section 2(1) comparable examples inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) craft inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) craft amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) expert examiner inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) export inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) foreign cultural institution inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) foreign public collection inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) found amended 1 November 2006 section 7(3)﻿(b) Protected Objects Amendment Act 2006 Section 2(1) import inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) Minister substituted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2(1) Ministry inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) ngā taonga tūturu inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) object inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) protected foreign object inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) protected New Zealand object inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) reciprocating State inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) relative amended 1 November 2006 section 7(4)﻿(a) Protected Objects Amendment Act 2006 Section 2(1) relative amended 1 November 2006 section 7(4)﻿(b) Protected Objects Amendment Act 2006 Section 2(1) replica of a taonga tūturu inserted 1 November 2006 section 7(3)﻿(c)﻿(i) Protected Objects Amendment Act 2006 Section 2(1) replica of a taonga tūturu amended 1 November 2006 section 7(3)﻿(c)﻿(ii) Protected Objects Amendment Act 2006 Section 2(1) replica of an artifact repealed 1 November 2006 section 7(3)﻿(c)﻿(i) Protected Objects Amendment Act 2006 Section 2(1) secondhand dealer substituted 1 April 2005 section 89 Secondhand Dealers and Pawnbrokers Act 2004 Section 2(1) Secretary repealed 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2(1) stolen protected foreign object inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) taonga tūturu inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) UNESCO Convention inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) UNIDROIT Convention inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) unique inserted 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) unlawfully exported protected foreign object added 1 November 2006 section 7(2) Protected Objects Amendment Act 2006 Section 2(1) work of art repealed 1 November 2006 section 7(1) Protected Objects Amendment Act 2006 Section 2(2) added 1 November 2006 section 7(5) Protected Objects Amendment Act 2006
3: Act to bind the Crown
This Act shall bind the Crown. 1962 No 37 s 3
4: Minister may acquire
protected New Zealand objects
1: The Minister may purchase or otherwise acquire, or may accept by way of gift, bequest, or otherwise, any protected New Zealand object
2: Any protected New Zealand object 1962 No 37 s 4 Section 4 heading amended 1 November 2006 section 8(1) Protected Objects Amendment Act 2006 Section 4(1) amended 1 November 2006 section 8(2) Protected Objects Amendment Act 2006 Section 4(2) amended 1 November 2006 section 8(3) Protected Objects Amendment Act 2006
1: Protected New Zealand objects, unlawfully exported protected foreign objects, and stolen protected foreign objects
Part 1 heading inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006 Protected New Zealand objects Heading inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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
2: Every person who exports, or attempts to export, a protected New Zealand object, other than in accordance with subsection (1) or without reasonable excuse in the circumstances, commits an offence and is liable on
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.
3: A notice under this section is secondary legislation ( see Part 3 UNESCO Convention art 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 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 5 substituted 1 November 2006 section 10 Protected Objects Amendment Act 2006 Section 5(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
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. Section 6 substituted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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) (if any). Section 7 substituted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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), and without limiting section 7(1)﻿(b)﻿(ii) section 8(1)
3: In making a determination under subsection (1), the chief executive must have regard to the advice of 2 or more expert examiners. Section 7A inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006 Expert examiners Heading inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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), the chief executive must establish and maintain a register of expert examiners.
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. Section 7B inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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) Section 7C inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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. Section 7D inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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 Section 7E inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006 Registered objects Heading inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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. Section 7F inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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. Section 7G inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006 Certificate of permission Heading inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
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. Section 7H inserted 1 November 2006 section 10 Protected Objects Amendment Act 2006
8: Conditions imposed by
chief executive
1: Without prejudice to the generality of the authority given under this Act to impose terms and conditions, the chief executive protected New Zealand object
a: requiring the owner to permit the protected New Zealand object chief executive
b: requiring the owner of the protected New Zealand object chief executive
c: requiring the protected New Zealand object protected New Zealand object
2: Every copy made pursuant to paragraph (a) of subsection (1) shall, subject to the provisions of the Copyright Act 1994 chief executive 1962 No 37 s 8 Section 8 heading amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 8(1) amended 1 November 2006 section 11 Protected Objects Amendment Act 2006 Section 8(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 8(1)﻿(a) amended 1 November 2006 section 11 Protected Objects Amendment Act 2006 Section 8(1)﻿(a) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 8(1)﻿(b) amended 1 November 2006 section 11 Protected Objects Amendment Act 2006 Section 8(1)﻿(b) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 8(1)﻿(c) amended 1 November 2006 section 11 Protected Objects Amendment Act 2006 Section 8(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 8(2) amended 1 January 1995 section 236(1) Copyright Act 1994
9: Appeal against
chief executive’s
1: Where the chief executive his or her protected New Zealand object chief executive the Minister chief executive
2: Any appeal under this section shall be forwarded to the Minister within 28 days after the date when the decision of the chief executive 1962 No 37 ss 9, 10 Section 9 heading amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 9(1) amended 1 November 2006 section 12(1) Protected Objects Amendment Act 2006 Section 9(1) amended 1 November 2006 section 12(2) Protected Objects Amendment Act 2006 Section 9(1) amended 1 November 2006 section 12(3) Protected Objects Amendment Act 2006 Section 9(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 9(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
10: Application of Customs and Excise Act 2018
1: Subject to the provisions of this Act, any protected New Zealand object exported or attempted to be exported in breach of this Act is forfeited to the Crown and the provisions of the Customs Act (except for the excepted provisions) relating to forfeited goods apply to the object in the same manner as they apply to goods forfeited under the Customs Act.
2: The powers conferred on Customs officers under the Customs Act (except for the excepted provisions) apply in relation to the export of a protected New Zealand object.
3: The forfeiture of an object under subsection (1) is not dependent on the seizure of that object.
4: Where any protected New Zealand object is seized as forfeited to the Crown pursuant to this section, it must be delivered to the chief executive and retained in safe custody in accordance with the chief executive’s directions.
5: Despite subsection (4), the chief executive may, at his or her discretion, direct that the protected New Zealand object be returned to the person who was the owner of the protected New Zealand object immediately before forfeiture subject to any conditions that the chief executive may think fit to impose.
6: Subject to the provisions of this Act,—
a: the provisions of the Customs Act relating to unlawful imports (except the excepted provisions) apply to an unlawfully exported protected foreign object; and
b: that object is to be treated as a prohibited import under section 96
7: 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 Act are completed.
8: Despite anything in the Customs Act or any other enactment,—
a: a prosecution for an offence under this Act or the Customs Act with respect to a protected New Zealand object—
i: may be commenced at any time within 5 years from the date on which the offence was committed; but
ii: may not be commenced after the expiration of 5 years from the date on which the 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 10E
9: In this section,— Customs Act Customs and Excise Act 2018 excepted provisions sections 182 186(b)﻿(ii) 188(2) 189 clauses 1(3)﻿(b) 4(2)﻿(b) 6 Section 10 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Unlawfully exported protected foreign objects Heading inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
10A: Import prohibitions
A person may not import into New Zealand an unlawfully exported protected foreign object. UNESCO Convention arts 3, 7 Section 10A inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
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 Section 10B inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
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) Section 10C inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006 Stolen protected foreign objects Heading inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
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 2018 sections 182 188(2) 189 clause 6
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) Section 10D inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006 Section 10D(2)﻿(a)﻿(i) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
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) does not apply if—
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 2010 UNIDROIT Convention arts 3, 4 Section 10E inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006 Section 10E(5) amended 1 January 2011 section 58 Limitation Act 2010 Application Heading inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
10F: Application of certain sections
1: Sections 10A to 10C
2: Sections 10D 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 10E UNIDROIT Convention arts 7, 8(3), 10 Section 10F inserted 1 May 2007 section 14 Protected Objects Amendment Act 2006
2: Ngā taonga tūturu ownership and Maori Land Court
Part 2 heading: inserted 1 November 2006 section 15 Protected Objects Amendment Act 2006
11: Establishing the ownership and custody of
ngā taonga tūturu
1: Any taonga tūturu provided that where any taonga tūturu taonga tūturu
2: Notwithstanding the provisions of subsection (1), if actual or traditional ownership, rightful possession, or custody of any taonga tūturu chief executive taonga tūturu section 12 provided that no right, title, estate, or interest in any such taonga tūturu or occupation taonga tūturu
3: Every person who, after the commencement of this Act, finds any taonga tūturu taonga tūturu chief executive chief executive taonga tūturu provided that in the case of any taonga tūturu Heritage New Zealand Pouhere Taonga under section 48
4: Upon receipt of a notification in accordance with subsection (3), the chief executive must—
a: take the action that the chief executive considers appropriate to—
i: provide for the examination of the taonga tūturu, 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 tūturu; 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 tūturu.
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 tūturu.
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 tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, and who contravenes subsection (3), commits an offence and is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu. Section 11 heading amended 1 November 2006 section 16(1) Protected Objects Amendment Act 2006 Section 11(1) amended 1 November 2006 section 16(2) Protected Objects Amendment Act 2006 Section 11(1) proviso amended 1 November 2006 section 16(2) Protected Objects Amendment Act 2006 Section 11(2) amended 1 November 2006 section 16(3)﻿(a) Protected Objects Amendment Act 2006 Section 11(2) amended 1 November 2006 section 16(3)﻿(b) Protected Objects Amendment Act 2006 Section 11(2) proviso amended 1 November 2006 section 16(3)﻿(a) Protected Objects Amendment Act 2006 Section 11(2) proviso amended 1 November 2006 section 16(3)﻿(c) Protected Objects Amendment Act 2006 Section 11(3) amended 1 November 2006 section 16(4) Protected Objects Amendment Act 2006 Section 11(3) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 11(3) proviso amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 11(3) proviso amended 1 November 2006 section 16(4) Protected Objects Amendment Act 2006 Section 11(4) substituted 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(5) substituted 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(6) added 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(7) added 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(8) added 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(9) added 1 November 2006 section 16(5) Protected Objects Amendment Act 2006 Section 11(9) amended 1 July 2013 section 413 Criminal Procedure Act 2011
11A: Taonga tūturu found in customary marine title area
If taonga tūturu are found in a part of the common marine and coastal area for which a customary marine title order has been awarded under the Marine and Coastal Area (Takutai Moana) Act 2011 section 82 section 11 section 82 Section 11A inserted 1 April 2011 section 128 Marine and Coastal Area (Takutai Moana) Act 2011
12: Maori Land Court’s jurisdiction over
ngā taonga tūturu
1: The Maori Land Court shall have jurisdiction in respect to any taonga tūturu section 11
a: to determine for the purposes of any proceeding or upon application by the chief executive subsection (2) of the said section 11 a taonga tūturu
b: to hear and determine as between any persons applying under subsection (2) of the said section 11 taonga tūturu
c: in the case of any taonga tūturu taonga tūturu
d: to make an order prohibiting any person from dealing with or doing any injury to any taonga tūturu him or her by Te Ture Whenua Maori Act 1993
e: to vest in any person or persons as trustee or trustees any taonga tūturu
f: to enforce the obligations of the trust (whether by way of an order or otherwise) against any person or persons appointed by the court as trustee or trustees:
g: to appoint a new trustee or trustees for any taonga tūturu section 222
2: The Maori Land Court shall have jurisdiction to make an order prohibiting any offering for sale, or parting with possession, of any taonga tūturu a taonga tūturu section 11 taonga tūturu Māori custom
3: The provisions of section 19(1)﻿(b)
4: To avoid doubt, section 30 Section 12 heading amended 1 November 2006 section 17(1) Protected Objects Amendment Act 2006 Section 12(1) amended 1 November 2006 section 17(2) Protected Objects Amendment Act 2006 Section 12(1)﻿(a) amended 1 November 2006 section 17(3)﻿(a) Protected Objects Amendment Act 2006 Section 12(1)﻿(a) amended 1 November 2006 section 17(3)﻿(b) Protected Objects Amendment Act 2006 Section 12(1)﻿(b) amended 1 November 2006 section 17(4) Protected Objects Amendment Act 2006 Section 12(1)﻿(c) amended 1 November 2006 section 17(5) Protected Objects Amendment Act 2006 Section 12(1)﻿(d) amended 1 November 2006 section 17(6)﻿(a) Protected Objects Amendment Act 2006 Section 12(1)﻿(d) amended 1 November 2006 section 17(6)﻿(b) Protected Objects Amendment Act 2006 Section 12(1)﻿(e) amended 1 November 2006 section 17(7) Protected Objects Amendment Act 2006 Section 12(1)﻿(g) amended 1 November 2006 section 17(8)﻿(a) Protected Objects Amendment Act 2006 Section 12(1)﻿(g) amended 1 November 2006 section 17(8)﻿(b) Protected Objects Amendment Act 2006 Section 12(2) amended 1 November 2006 section 17(9)﻿(a) Protected Objects Amendment Act 2006 Section 12(2) amended 1 November 2006 section 17(9)﻿(b) Protected Objects Amendment Act 2006 Section 12(2) amended 1 November 2006 section 17(9)﻿(c) Protected Objects Amendment Act 2006 Section 12(3) amended 1 November 2006 section 17(10) Protected Objects Amendment Act 2006 Section 12(4) added 1 November 2006 section 17(11) Protected Objects Amendment Act 2006
3: Miscellaneous
Part 3 heading: inserted 1 November 2006 section 18 Protected Objects Amendment Act 2006
13: Disposal of
ngā taonga tūturu
1: It shall not be lawful after the commencement of this Act for any person to sell or otherwise dispose of any taonga tūturu a taonga tūturu provided that this subsection shall not apply to any disposition by any person to a relative of that person, whether by way of gift inter vivos
2: Notwithstanding anything in subsection (1), no person or institution entrusted with the custody of any taonga tūturu subsection (4) of section 11 taonga tūturu chief executive
3: Without limiting in any way his or her chief executive the chief executive ngā taonga tūturu ngā taonga tūturu
4: Every person, other than a registered collector, who contravenes the provisions of this section commits an offence and is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.
5: On the conviction of any person of an offence against this section in respect of the disposition of any taonga tūturu taonga tūturu
6: Where any taonga tūturu his or her Section 13 heading amended 1 November 2006 section 19(1) Protected Objects Amendment Act 2006 Section 13(1) amended 1 November 2006 section 19(2)﻿(a) Protected Objects Amendment Act 2006 Section 13(1) amended 1 November 2006 section 19(2)﻿(b) Protected Objects Amendment Act 2006 Section 13(2) amended 1 November 2006 section 19(3) Protected Objects Amendment Act 2006 Section 13(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 13(3) amended 1 November 2006 section 19(4)﻿(a) Protected Objects Amendment Act 2006 Section 13(3) amended 1 November 2006 section 19(4)﻿(b) Protected Objects Amendment Act 2006 Section 13(3) amended 1 November 2006 section 19(4)﻿(c) Protected Objects Amendment Act 2006 Section 13(3) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 13(4) substituted 1 November 2006 section 19(5) Protected Objects Amendment Act 2006 Section 13(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 13(5) amended 1 November 2006 section 19(6) Protected Objects Amendment Act 2006 Section 13(6) amended 1 November 2006 section 19(7)﻿(a) Protected Objects Amendment Act 2006 Section 13(6) amended 1 November 2006 section 19(7)﻿(b) Protected Objects Amendment Act 2006
14: Registration of collectors
1: After the commencement of this Act no collector shall add or attempt to add to his or her ngā taonga tūturu taonga tūturu chief executive ngā taonga tūturu chief executive
2: The chief executive ngā taonga tūturu
a: who is not ordinarily resident in New Zealand; or
b: who has been convicted of an offence against any provision of this Act or of the Heritage New Zealand Pouhere Taonga Act 2014
3: It shall be a condition of registration of any person as a registered collector that—
a: except in the case of a gift or bequest to a relative of that person, disposal of part or the whole of his or her
b: his or her chief executive
c: he or she chief executive his or her
d: he or she chief executive
4: Every application for registration as a collector of ngā taonga tūturu chief executive chief executive chief executive
5: The chief executive Heritage New Zealand Pouhere Taonga Act 2014
6: Every person commits an offence who,—
a: not being a registered collector,—
i: acquires or attempts to acquire a taonga tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, 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) is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu. Section 14(1) amended 1 November 2006 section 20(1)﻿(a) Protected Objects Amendment Act 2006 Section 14(1) amended 1 November 2006 section 20(1)﻿(b) Protected Objects Amendment Act 2006 Section 14(1) amended 1 November 2006 section 20(1)﻿(c) Protected Objects Amendment Act 2006 Section 14(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(2) amended 1 November 2006 section 20(2) Protected Objects Amendment Act 2006 Section 14(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(2)﻿(b) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 14(3)﻿(a) amended 1 November 2006 section 20(3)﻿(a) Protected Objects Amendment Act 2006 Section 14(3)﻿(b) amended 1 November 2006 section 20(3)﻿(b) Protected Objects Amendment Act 2006 Section 14(3)﻿(b) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(3)﻿(c) amended 1 November 2006 section 20(3)﻿(a) Protected Objects Amendment Act 2006 Section 14(3)﻿(c) amended 1 November 2006 section 20(3)﻿(c) Protected Objects Amendment Act 2006 Section 14(3)﻿(c) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(3)﻿(d) amended 1 November 2006 section 20(3)﻿(c) Protected Objects Amendment Act 2006 Section 14(3)﻿(d) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(4) amended 1 November 2006 section 20(4) Protected Objects Amendment Act 2006 Section 14(4) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(5) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 14(5) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 14(6) substituted 1 November 2006 section 20(5) Protected Objects Amendment Act 2006 Section 14(7) added 1 November 2006 section 20(5) Protected Objects Amendment Act 2006 Section 14(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) commits an offence and is liable on
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. Section 14A inserted 1 November 2006 section 21 Protected Objects Amendment Act 2006 Section 14A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
15: Licensing of auctioneers and secondhand dealers
1: Notwithstanding anything in any other enactment, no auctioneer or secondhand dealer shall after the commencement of this Act, trade in ngā taonga tūturu he or she chief executive ngā taonga tūturu
2: It shall be a condition of the licensing of any auctioneer or secondhand dealer in accordance with this section that—
a: he or she every taonga tūturu a taonga tūturu section 16
b: he or she taonga tūturu a taonga tūturu section 16 taonga tūturu
c: he or she ngā taonga tūturu provided that he or she taonga tūturu taonga tūturu
d: he or she taonga tūturu him or her taonga tūturu
e: he or she chief executive taonga tūturu taonga tūturu section 16 chief executive
f: he or she a taonga tūturu Museum of New Zealand Te Papa Tongarewa ngā taonga tūturu Museum of New Zealand Te Papa Tongarewa
g: he or she chief executive
h: he or she his or her chief executive
3: Every licensed auctioneer and licensed secondhand dealer shall be issued with a licence under the hand of the chief executive
4: Every application for a licence or for the annual renewal of a licence as an auctioneer or secondhand dealer under this section shall be in the form provided by the chief executive chief executive
5: The chief executive
a: who is convicted of an offence against this Act or the Heritage New Zealand Pouhere Taonga Act 2014
b: who ceases to be an auctioneer licensed under the Auctioneers Act 1928 Secondhand Dealers and Pawnbrokers Act 2004
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 tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, 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) is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu. Section 15(1) amended 1 November 2006 section 22(1)﻿(a) Protected Objects Amendment Act 2006 Section 15(1) amended 1 November 2006 section 22(1)﻿(b) Protected Objects Amendment Act 2006 Section 15(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(2)﻿(a) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(a) amended 1 November 2006 section 22(3)﻿(a) Protected Objects Amendment Act 2006 Section 15(2)﻿(a) amended 1 November 2006 section 22(3)﻿(b) Protected Objects Amendment Act 2006 Section 15(2)﻿(b) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(b) amended 1 November 2006 section 22(4)﻿(a) Protected Objects Amendment Act 2006 Section 15(2)﻿(b) amended 1 November 2006 section 22(4)﻿(b) Protected Objects Amendment Act 2006 Section 15(2)﻿(c) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(c) amended 1 November 2006 section 22(5)﻿(a) Protected Objects Amendment Act 2006 Section 15(2)﻿(c) proviso amended 1 November 2006 section 22(5)﻿(b) Protected Objects Amendment Act 2006 Section 15(2)﻿(c) proviso amended 1 November 2006 section 22(5)﻿(c) Protected Objects Amendment Act 2006 Section 15(2)﻿(d) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(d) amended 1 November 2006 section 22(6)﻿(a) Protected Objects Amendment Act 2006 Section 15(2)﻿(d) amended 1 November 2006 section 22(6)﻿(b) Protected Objects Amendment Act 2006 Section 15(2)﻿(e) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(e) amended 1 November 2006 section 22(7) Protected Objects Amendment Act 2006 Section 15(2)﻿(e) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(2)﻿(f) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(f) amended 1 November 2006 section 22(8)﻿(a) Protected Objects Amendment Act 2006 Section 15(2)﻿(f) amended 1 November 2006 section 22(8)﻿(b) Protected Objects Amendment Act 2006 Section 15(2)﻿(f) amended 1 July 1992 section 34 Museum of New Zealand Te Papa Tongarewa Act 1992 Section 15(2)﻿(g) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(g) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(2)﻿(h) amended 1 November 2006 section 22(2) Protected Objects Amendment Act 2006 Section 15(2)﻿(h) amended 1 November 2006 section 22(9) Protected Objects Amendment Act 2006 Section 15(2)﻿(h) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(3) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(4) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(5) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(5)﻿(a) amended 20 May 2014 section 107 Heritage New Zealand Pouhere Taonga Act 2014 Section 15(5)﻿(b) amended 1 April 2005 section 89 Secondhand Dealers and Pawnbrokers Act 2004 Section 15(6) substituted 1 November 2006 section 22(10) Protected Objects Amendment Act 2006 Section 15(7) added 1 November 2006 section 22(10) Protected Objects Amendment Act 2006 Section 15(7) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Certificate of examination to be issued by an authorised public museum
1: At the request of a licensed auctioneer or of a licensed secondhand dealer in accordance with paragraph (b) of subsection (2) of section 15 taonga tūturu taonga tūturu
2: The authorised public museum requested to issue a certificate of examination by a licensed auctioneer or a licensed secondhand dealer may, at its discretion, notify other public museums of the availability of the taonga tūturu
3: Every certificate of examination issued by an authorised public museum in respect of any taonga tūturu chief executive taonga tūturu
4: Every person—
a: who knowingly removes or alters the registration number identifying any taonga tūturu
b: who knowingly alters a certificate of examination issued by an authorised public museum in respect of any taonga tūturu
c: who makes or causes to be made any certificate of examination purporting to be issued by an authorised public museum without the authority of that museum— commits an offence, and shall be liable on , in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu or, in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu Section 16(1) amended 1 November 2006 section 23(1) Protected Objects Amendment Act 2006 Section 16(2) amended 1 November 2006 section 23(2) Protected Objects Amendment Act 2006 Section 16(3) amended 1 November 2006 section 23(3) Protected Objects Amendment Act 2006 Section 16(3) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 16(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 16(4) amended 1 November 2006 section 23(5) Protected Objects Amendment Act 2006 Section 16(4)﻿(a) amended 1 November 2006 section 23(4) Protected Objects Amendment Act 2006 Section 16(4)﻿(b) amended 1 November 2006 section 23(4) Protected Objects Amendment Act 2006
17: Disclosure of information
1: No person who under this Act becomes aware of the ownership or location of any taonga tūturu chief executive taonga tūturu
2: Every person who knowingly acts in contravention of subsection (1) commits an offence and is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu. Section 17(1) amended 1 November 2006 section 24(1) Protected Objects Amendment Act 2006 Section 17(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 17(2) substituted 1 November 2006 section 24(2) Protected Objects Amendment Act 2006 Section 17(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
18: Replica of
taonga tūturu
1: Any person who manufactures for sale a replica of any taonga tūturu
2: Every person who, without reasonable cause, fails to comply with the provisions of subsection (1) commits an offence, and is liable on
a: in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:
b: in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu. Section 18 heading amended 1 November 2006 section 25(1) Protected Objects Amendment Act 2006 Section 18(1) amended 1 November 2006 section 25(2) Protected Objects Amendment Act 2006 Section 18(2) substituted 1 November 2006 section 25(3) Protected Objects Amendment Act 2006 Section 18(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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
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. Section 18A inserted 1 November 2006 section 26 Protected Objects Amendment Act 2006 Section 18A amended 1 July 2013 section 413 Criminal Procedure Act 2011
19: Expenses of administration
Section 19 repealed 1 November 2006 section 27 Protected Objects Amendment Act 2006
20: Annual report
The chief executive his or her ngā taonga tūturu ngā taonga tūturu chief executive chief executive protected New Zealand objects 1962 No 37 s 14 Section 20 amended 1 November 2006 section 28(a) Protected Objects Amendment Act 2006 Section 20 amended 1 November 2006 section 28(b) Protected Objects Amendment Act 2006 Section 20 amended 1 November 2006 section 28(c) Protected Objects Amendment Act 2006 Section 20 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
21: Saving of other enactments
The provisions of this Act are in addition to and not in substitution for the provisions of any other enactment but, except where this Act otherwise provides, nothing in this Act shall derogate from any provision of any other enactment. Compliance with the provisions of any other enactment shall not confer any relief or exemption from liability under this Act but no person shall be convicted of any offence under this Act in respect of the same matter for which he or she 1962 No 37 s 15 Section 21 amended 1 November 2006 section 29 Protected Objects Amendment Act 2006
22: Regulations
1: 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.
2: Regulations under this section are secondary legislation ( see Part 3 1962 No 37 s 16 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 22 substituted 1 November 2006 section 30 Protected Objects Amendment Act 2006 Section 22(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
23: Consequential amendments
Amendment(s) incorporated in the Act(s)
24: Repeals
The following enactments are hereby consequentially repealed:
a: amendment(s) incorporated in the Act(s)
b: the Historic Articles Act 1962.