Diplomatic Privileges and Immunities Act 1968

5 Diplomatic privileges and immunities

(1)

Subject to subsection (6), the provisions of Articles 1, 22 to 24, and 27 to 40 of the Convention shall have the force of law in New Zealand.

(2)

Without prejudice to the provisions of subsection (1), the Minister, with the concurrence of the Minister of Finance, may from time to time determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to any mission or persons connected with any mission, notwithstanding that the determination may extend treatment more favourable than that required by the provisions of the Convention, and may in like manner determine the terms and conditions on which those privileges may be enjoyed.

(3)

For the purpose of giving effect to any custom or agreement by which New Zealand and any other State extend to each other treatment more favourable than is required by the provisions of the Convention, the Governor-General may from time to time, by Order in Council, declare that a mission of that State and persons connected with that mission shall be accorded such immunity from jurisdiction, and inviolability, as are specified in the order:

provided that nothing in this subsection shall apply with respect to persons to whom section 6 applies.

(4)

In subsections (2) and (3), the expression treatment more favourable includes the according of privileges or immunities, as the case may be, to persons who under the Convention may enjoy privileges and immunities only to the extent admitted by the receiving State.

(5)

Where by or by virtue of this Act immunity from jurisdiction is accorded to persons who are not diplomatic agents or persons enjoying immunity under Article 37 of the Convention, the immunity accorded to those first-mentioned persons may be waived in the manner and subject to the conditions specified in Article 32 of the Convention, and the waiver shall have the same consequences as a waiver under that Article.

(6)

For the purposes of the provisions of the Articles referred to in subsection (1)—

(a)

a reference in those provisions to the receiving State shall be construed as a reference to New Zealand:

(b)

a reference in those provisions to a national of the receiving State shall be construed as a reference to a New Zealand citizen:

(c)

the reference in paragraph 1 of Article 22 to agents of the receiving State shall be construed as including a reference to any constable and any person exercising a power of entry to premises:

(d)

the reference in Article 32 to waiver by the sending State shall be construed as including a waiver by the head of the mission of the sending State or by a person for the time being performing the functions of the head of mission:

(e)

Articles 35, 36, and 40 shall be construed as granting the privileges or immunities that those Articles require to be granted:

(f)

the reference in paragraph 1 of Article 36 to such laws and regulations as the receiving State may adopt shall be construed as including a reference to any law in force in New Zealand relating to the quarantine, or the prohibition or restriction of the importation into, or the exportation from, New Zealand of animals, plants, or goods:

provided that any immunity from jurisdiction that a person may possess or enjoy by virtue of subsection (1) shall not be prejudiced:

(g)

the reference in paragraph 4 of Article 37 to the extent to which privileges and immunities are admitted by the receiving State, and the reference in paragraph 1 of Article 38 to any additional privileges and immunities that may be granted by the receiving State, shall, so far as they relate to privileges, be construed as references to such determinations as may be made by the Minister pursuant to subsection (2), and, so far as they relate to immunities, be construed as references to such immunities as may be conferred by an Order in Council under subsection (3):

(h)

the reference in paragraph 2 of Article 38 to the extent to which privileges and immunities are admitted by the receiving State shall, so far as it relates to privileges, be construed as a reference to such determinations as may be made by the Minister pursuant to subsection (2), and, so far as it relates to immunities, be construed, in relation to persons to whom section 6 applies, as a reference to immunities conferred by that section, and, in relation to other persons to whom that paragraph applies, as a reference to such immunities as may be conferred by an Order in Council under subsection (3).

(i)
[Repealed]

(7)

For the purposes of subsections (2) and (3),—

(a)

the term mission includes an office of the representatives of the governing authority of any country, province of a country, or component of a federal state; and

(b)

the term State includes any country, province of a country, or component of a federal state.

Compare: 1957 No 21 ss 3–5, 7, 9(1)(b), (c), (g)–(i), (2)–(5)

Section 5(6)(i): repealed, on 1 March 1970, by section 2(5) of the Foreign Affairs Amendment Act 1969 (1969 No 78).

Section 5(7): added, on 14 September 1994, by section 2 of the Diplomatic Privileges and Immunities Amendment Act 1994 (1994 No 83).