Diplomatic Privileges and Immunities Act 1968

Reprint as at 25 January 2005

Coat of Arms of New Zealand

Diplomatic Privileges and Immunities Act 1968

Public Act
 
1968 No 36
Date of assent
 
25 November 1968
Commencement
 
see section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Foreign Affairs and Trade.

Contents

Title
1Short Title and commencement
2Interpretation
3Interpretation [Repealed]
4Application of this Part
5Diplomatic privileges and immunities
6Immunities of certain members of the staff of a mission who are New Zealand citizens or residents
7Withdrawal of diplomatic privileges and immunities
8Meaning of State [Repealed]
9Privileges, immunities, and capacities of certain international organisations and associated persons
9APrivileges, immunities, and capacities of the Commonwealth Secretariat and associated persons
9AAValidation of certain Orders in Council
9ABPrivileges and immunities of members, and of private servants of members, of EC delegations
10Privileges and immunities of Judges of, and suitors to, the International Court of Justice
10AFacilitation of international inspectors under disarmament treaties
10BPrivileges and immunities of Judges, Prosecutor, and staff of International War Crimes Tribunal
10CPrivileges and immunities of members of International Tribunal for the Law of the Sea
10DPrivileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff
10EPrivileges and immunities of representatives at Assembly of States Parties or its subsidiary organs
11Privileges and immunities of representatives attending international conferences
12Reciprocal treatment
[Repealed]
13Interpretation [Repealed]
14Immunities of foreign consular officers [Repealed]
15Immunities of persons in service of Commonwealth countries [Repealed]
16Consular privileges [Repealed]
17Privileges and immunities of New Zealand citizens and residents [Repealed]
18Withdrawal of consular privileges and immunities [Repealed]
19Power to grant exemption from taxation to other Governments and other representatives in New Zealand
20General provisions as to exemptions
21Refunds or payments in case of exemptions from taxation
22Certificate of Minister
23Saving of legal proceedings
24Regulations
25Application of Act to Niue and Tokelau
26Application of Act to Cook Islands
27Repeals
Reprint notes

An Act to consolidate and amend the law relating to diplomatic privileges and immunities, and to give effect to the Vienna Convention on Diplomatic Relations

 
1 Short Title and commencement

(1)

This Act may be cited as the Diplomatic Privileges and Immunities Act 1968.

(2)

This Act shall come into force on 1 January 1969.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

the Convention means the Vienna Convention on Diplomatic Relations signed in 1961, a copy of the English text of which is set out in Schedule 1

Minister means the Minister of Foreign Affairs and Trade

mission means a diplomatic mission of any State

State means a foreign state or a Commonwealth country; and includes the Cook Islands and Niue

Expressions defined in Article 1 of the Convention have the meanings so defined.

(2)

For the purposes of this Act the term State when used in the Convention shall have the meaning assigned to that term by subsection (1).

Section 2: substituted, on 8 March 1985, by section 2(1) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

Section 2(1) Minister: substituted, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Part 1 Diplomatic privileges and immunities

3 Interpretation
[Repealed]

Section 3: repealed, on 8 March 1985, by section 2(3) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

4 Application of this Part

The provisions of this Part shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in New Zealand immediately before the commencement of this Act.

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).

6 Immunities of certain members of the staff of a mission who are New Zealand citizens or residents

The members of the administrative and technical staff, and members of the service staff, of a mission who are New Zealand citizens or are permanently resident in New Zealand shall be accorded immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of their functions.

Compare: 1957 No 21 s 10

7 Withdrawal of diplomatic privileges and immunities

(1)

Where the Governor-General is satisfied that the privileges and immunities accorded in relation to a mission of New Zealand in any State, or to persons connected with that mission, are less than those conferred by or by virtue of this Part in relation to the mission of that State, or to persons connected with that mission, he may, by Order in Council, withdraw, modify, or restrict, in relation to that mission or to persons connected with that mission, such of the privileges and immunities so conferred to such extent as appears to him to be proper.

(2)

Any Order in Council under subsection (1) shall be disregarded for the purposes of paragraph (a) of subsection (2) of section 6 of the Citizenship Act 1977 (which relates to the citizenship of the children of certain persons possessing diplomatic immunities).

Compare: 1957 No 21 s 8

Section 7(2): amended, on 1 January 1978, by section 30(2) of the Citizenship Act 1977 (1977 No 61).

Part 2 Privileges and immunities of international organisations or tribunals and associated persons, and representatives attending international conferences

Part 2 heading: amended, on 2 March 2004, by section 4(1) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

8 Meaning of State
[Repealed]

Section 8: repealed, on 8 March 1985, by section 2(3) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

9 Privileges, immunities, and capacities of certain international organisations and associated persons

(1)

This section shall apply to any organisation declared by the Governor-General, by Order in Council, to be an organisation of which 2 or more States or the Governments thereof are members.

(2)

The Governor-General may from time to time, by Order in Council,—

(a)

provide that any organisation to which this section applies (hereinafter referred to as the organisation) shall, to such extent as may be specified in the order, have the privileges and immunities specified in Schedule 2, and shall also have the legal capacities of a body corporate:

(b)

confer upon—

(i)

any persons who are representatives (whether of Governments or not) on any organ of the organisation or at any conference convened by the organisation or are members of any committee of the organisation or of any organ thereof:

(ii)

such officers or classes of officers of the organisation as are specified in the order, being the holders of such high offices in the organisation as are so specified:

(iii)

such persons employed on missions on behalf of the organisation as are specified in the order,—

to such extent as may be specified in the order, the privileges and immunities specified in Schedule 3:

(c)

confer upon such other classes of officers and servants of the organisation as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4,—

and Schedule 5 shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in paragraph (b)(i) and to the members of the families forming part of the household of officers of the organisation mentioned in paragraph (b)(ii) any privileges and immunities conferred on the representatives, members, or officers under those subparagraphs, except in so far as some or all of the operation of the said Schedule 5 is excluded by the order conferring the privileges and immunities:

provided that no Order in Council under this subsection shall confer any privilege or immunity upon any person as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand or as a member of the staff of such a representative.

Compare: 1957 No 21 s 11

Section 9 heading: amended, on 2 March 2004, by section 4(2) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9(2): amended, on 2 March 2004, by section 4(3)(a) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9(2): amended, on 2 March 2004, by section 4(3)(b) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9(2): amended, on 2 March 2004, by section 4(3)(c) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9(2): amended, on 2 March 2004, by section 4(3)(d) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

9A Privileges, immunities, and capacities of the Commonwealth Secretariat and associated persons

(1)

The Governor-General may from time to time, by Order in Council,—

(a)

provide that the Commonwealth Secretariat shall, to such extent as may be specified in the order, have the privileges and immunities specified in Schedule 2, and shall also have the legal capacities of a body corporate:

(b)

confer upon—

(i)

any persons who are representatives (whether of Governments or not) on any organ of the Commonwealth Secretariat or at any conference convened by the Commonwealth Secretariat, or are members of any committee of the Commonwealth Secretariat or of any organ thereof:

(ii)

such officers or classes of officers of the Commonwealth Secretariat as are specified in the order, being the holders of such high offices in the Commonwealth Secretariat as are so specified:

(iii)

such persons employed on missions on behalf of the Commonwealth Secretariat as are specified in the order,—

to such extent as may be specified in the order, the privileges and immunities specified in Schedule 3:

(c)

confer upon such other classes of officers and servants of the Commonwealth Secretariat as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4,—

and Schedule 5 shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in paragraph (b)(i) and to the members of the families forming part of the household of officers of the Commonwealth Secretariat mentioned in paragraph (b)(ii) any privileges and immunities conferred on the representatives, members, or officers under those subparagraphs, except in so far as some or all of the operation of the said Schedule 5 is excluded by the order conferring the privileges and immunities:

provided that no Order in Council under this subsection shall confer any privilege or immunity upon any person as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand or as a member of the staff of such a representative.

(2)

Schedules 2, 4, and 5 shall apply with respect to the Commonwealth Secretariat and to associated persons as if every reference in those schedules to an organisation included a reference to the Secretariat.

Section 9A: inserted, on 8 December 1971, by section 2(1) of the Diplomatic Privileges and Immunities Amendment Act 1971 (1971 No 96).

Section 9A heading: amended, on 2 March 2004, by section 4(4)(a) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9A(1): amended, on 2 March 2004, by section 4(4)(b) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9A(1): amended, on 2 March 2004, by section 4(4)(c) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9A(1): amended, on 2 March 2004, by section 4(4)(d) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9A(1): amended, on 2 March 2004, by section 4(4)(e) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 9A(2): amended, on 2 March 2004, by section 4(4)(f) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

9AA Validation of certain Orders in Council

(1)

Every Order in Council made under section 9(2)(a), in so far as it purports to have granted an exemption in terms of clause 4 of Schedule 2, is deemed to have granted an exemption from taxes and rates, other than taxes on the importation of goods, as if—

(a)

clause 4 had read as follows:

“4

Exemption from taxes and rates, other than taxes on the importation of goods.”; and

(b)

any clause in any such order that relates to such an exemption had been expressed in the same terms.

(2)

Every Order in Council made under section 11(2)(a) of the Diplomatic Immunities and Privileges Act 1957, in so far as it purports to have granted an exemption in terms of clause 4 of Schedule 1 of that Act, is deemed to have granted an exemption from taxes and rates, other than taxes on the importation of goods, as if—

(a)

clause 4 of that schedule had read as follows:

“4

Exemption from taxes and rates, other than taxes on the importation of goods.” and

(b)

any clause in any such order that relates to such an exemption had been expressed in the same terms.

(3)

Subsections (1) and (2) apply to orders made before 17 June 1997.

Section 9AA: inserted, on 23 September 1997, by section 2 of the Diplomatic Privileges and Immunities Amendment Act 1997 (1997 No 77).

9AB Privileges and immunities of members, and of private servants of members, of EC delegations

(1)

The Governor-General may, by Order in Council, confer upon such members or classes of members (for example, administrative and technical staff, but in no case including service staff) of a permanent delegation of the European Commission (an EC delegation) as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 3.

(2)

The Governor-General may, by Order in Council, confer upon such of the following as are specified in the order, to such extent as may be so specified, the privileges and immunities specified in Schedule 4:

(a)

members of an EC delegation who are service staff:

(b)

private servants of members of an EC delegation.

(3)

Schedule 5 extends to the members of the families forming part of the household of members of an EC delegation who are mentioned in subsection (1) any privileges and immunities conferred on the members under that subsection, except in so far as some or all of the operation of Schedule 5 is excluded by the order conferring the privileges and immunities.

(4)

No Order under this section may confer any privilege or immunity upon any person—

(a)

as the representative of Her Majesty in right of New Zealand or of the Government of New Zealand; or

(b)

as a member of the staff of such a representative.

(5)

An Order made under section 9(2)(a) in respect of the European Commission may, in accordance with this section, also confer privileges and immunities on members, or on private servants of members, of EC delegations, and nothing in this section limits the application of section 9(2)(b) and (c) to persons associated with the European Commission.

Section 9AB: inserted, on 2 March 2004, by section 3 of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

10 Privileges and immunities of Judges of, and suitors to, the International Court of Justice

The Governor-General may from time to time, by Order in Council, confer on the Judges and Registrars of the International Court of Justice established by the Charter of the United Nations, and on suitors to that court and their agents, counsel, and advocates, such privileges, immunities, and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.

Compare: 1957 No 21 s 12

10A Facilitation of international inspectors under disarmament treaties

The Governor-General may from time to time, by Order in Council,—

(a)

confer upon any persons who are appointed as inspectors pursuant to any international agreement on disarmament or arms control to which New Zealand is a party all or any of the privileges and immunities specified in Schedule 3; and

(aa)

confer upon any persons to whom Part II, Section B of the Verification Annex to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction applies (which Convention is set out in the Schedule of the Chemical Weapons (Prohibition) Act 1996) such additional privileges and immunities as are required by that Convention; and

(b)

make provision (subject to and consistent with any other international obligations and commitments binding upon New Zealand) for any such persons so appointed to have access to all such information and to all such places in New Zealand as may be relevant to enable those persons to carry out their official duties.

Section 10A: inserted, on 8 June 1987, by section 26 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 (1987 No 86).

Section 10A(aa): inserted, on 29 April 1997, by section 31 of the Chemical Weapons (Prohibition) Act 1996 (1996 No 37).

10B Privileges and immunities of Judges, Prosecutor, and staff of International War Crimes Tribunal

(1)

For the purposes of this section, a tribunal means—

(a)

the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by the Security Council of the United Nations acting under Chapter VII of the Charter of the United Nations; and

(b)

the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 established by the Security Council of the United Nations acting under Chapter VII of the Charter of the United Nations; and

(c)

any other tribunal that the Governor-General, by Order in Council, declares to be a tribunal for the purposes of the International War Crimes Tribunals Act 1995.

(2)

The Governor-General may from time to time by Order in Council confer on the Judges, Prosecutor, and staff of a tribunal such privileges and immunities as may be required by the Statute of the Tribunal as defined in section 2 of the International War Crimes Tribunals Act 1995.

Section 10B: inserted, on 9 June 1995, by section 62 of the International War Crimes Tribunals Act 1995 (1995 No 27).

10C Privileges and immunities of members of International Tribunal for the Law of the Sea

(1)

In this section,—

Convention means the United Nations Convention on the Law of the Sea, done at Montego Bay, Jamaica, on 10 December 1982

tribunal means the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention.

(2)

The Governor-General may from time to time, by Order in Council, confer on the members of the tribunal such privileges and immunities as may be required by Article 10 of Annex VI of the Convention.

Section 10C: inserted, on 1 August 1996, by section 2 of the Diplomatic Privileges and Immunities Amendment Act 1996 (1996 No 73).

10D Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff

(1)

In this section and section 10E,—

Agreement means the Agreement on the Privileges and Immunities of the International Criminal Court adopted by the Assembly of States Parties on 9 September 2002

Assembly of States Parties means the Assembly of States Parties to the Rome Statute

ICC means the International Criminal Court established under the Rome Statute; and includes any of the organs of the International Criminal Court referred to in the Rome Statute

Rome Statute means the Rome Statute of the International Criminal Court dated 17 July 1998 (the English text of which is set out in the Schedule of the International Crimes and International Criminal Court Act 2000).

(2)

The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by—

(a)

Article 48(1) of the Rome Statute or Articles 2 to 12 of the Agreement, or both, on the ICC:

(b)

Article 48(2) of the Rome Statute or Article 15 of the Agreement, or both, on the following persons:

(i)

Judges of the ICC:

(ii)

the Prosecutor of the ICC:

(iii)

Deputy Prosecutors of the ICC:

(iv)

the Registrar of the ICC:

(c)

Article 48(3) of the Rome Statute or Article 16 of the Agreement, or both, on the following persons:

(i)

the Deputy Registrar of the ICC:

(ii)

staff of the Office of the Prosecutor of the ICC:

(iii)

staff of the Registry of the ICC:

(d)

Article 48(4) of the Rome Statute or Articles 18 to 22 of the Agreement, or both, on counsel, witnesses, victims, experts, and any other person required to be present at the seat of the ICC:

(e)

Article 14 of the Agreement on representatives of States participating in the proceedings of the ICC:

(f)

Article 17 of the Agreement on personnel recruited locally by the ICC, other than persons referred to in paragraphs (b) to (e).

(3)

An Order in Council made under subsection (2) may—

(a)

confer privileges and immunities on New Zealand citizens and permanent residents subject to some or all of the limitations set out in Article 23 of the Agreement; and

(b)

refer to the purpose of conferring the privileges and immunities (as set out in Articles 25 and 26 of the Agreement); and

(c)

refer to how the privileges and immunities may be waived (as set out in Article 48(5) of the Rome Statute and Articles 25 and 26 of the Agreement); and

(d)

extend the privileges and immunities conferred on the persons referred to in subsection (2)(b) and (c) to members of their families forming part of their households (as contemplated by Article 48(2) of the Rome Statute and to the extent provided in Articles 15 and 16 of the Agreement).

Section 10D: substituted, on 2 March 2004, by section 5 of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

10E Privileges and immunities of representatives at Assembly of States Parties or its subsidiary organs

(1)

The Governor-General may, by Order in Council, confer such privileges and immunities as may be required by Article 13 of the Agreement on the following persons:

(a)

representatives of States Parties to the Rome Statute attending meetings of the Assembly of States Parties or any of its subsidiary organs:

(b)

representatives of States attending meetings of the Assembly of States Parties or any of its subsidiary organs as observers, as permitted by Article 112(1) of the Rome Statute:

(c)

representatives of States or intergovernmental organisations invited to meetings of the Assembly of States Parties or any of its subsidiary organs.

(2)

An Order in Council made under subsection (1) may refer to the purpose of conferring the privileges and immunities and how the privileges and immunities may be waived (as set out in Article 25 of the Agreement).

Section 10E: inserted, on 2 March 2004, by section 5 of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

11 Privileges and immunities of representatives attending international conferences

Where—

(a)

a conference is held in New Zealand and is attended by representatives of the Government of New Zealand and the Government or Governments of 1 or more States or of any of the territories for whose international relations any of those Governments is responsible; and

(b)

it appears to the Minister that doubts may arise as to the extent to which the representatives of those Governments (other than the Government of New Zealand) and members of their official staffs are entitled to privileges and immunities,—

the Minister may, by notice in the Gazette, direct that every representative of any such Government (other than the Government of New Zealand) shall be accorded such of the privileges and immunities conferred by or by virtue of Part 1 on a diplomatic agent as the Minister specifies, and that such of the members of his official staff as the Minister may direct shall be accorded such of the privileges and immunities conferred by or by virtue of Part 1 on members of the diplomatic staff or the administrative and technical staff of a diplomatic mission as the Minister specifies.

Compare: 1957 No 21 s 14

12 Reciprocal treatment

Nothing in the foregoing provisions of this Part shall be construed as precluding the Governor-General in Council from declining to accord privileges or immunities to, or from withdrawing, modifying, or restricting privileges or immunities in relation to, nationals or representatives of any State, or the Government thereof, on the ground that that State, or the Government thereof, is failing to accord corresponding privileges or immunities to New Zealand nationals or representatives.

Compare: 1957 No 21 s 15

Part 3 Consular privileges and immunities

[Repealed]

Part 3: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

13 Interpretation
[Repealed]

Section 13: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

14 Immunities of foreign consular officers
[Repealed]

Section 14: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

15 Immunities of persons in service of Commonwealth countries
[Repealed]

Section 15: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

16 Consular privileges
[Repealed]

Section 16: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

17 Privileges and immunities of New Zealand citizens and residents
[Repealed]

Section 17: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

18 Withdrawal of consular privileges and immunities
[Repealed]

Section 18: repealed, on 1 April 1972, by section 14(1)(a) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

Part 4 Miscellaneous provisions

19 Power to grant exemption from taxation to other Governments and other representatives in New Zealand

(1)

Notwithstanding anything to the contrary in any Act, the Minister, with the concurrence of the Minister of Finance, may from time to time wholly or partly exempt from any public or local tax, duty, rate, levy, or fee any of the following Governments or persons:

(a)

the Government of any State or the Government of any territory for whose international relations the Government of any such State is responsible:

(b)

a representative or officer of the Government of any country other than New Zealand, or of any provisional Government, national committee, or other authority recognised by Her Majesty in right of New Zealand, if he is temporarily resident in New Zealand in accordance with any arrangement made with the Government of New Zealand:

(c)

a member of the official or domestic staff, or of the family, of any person to whom paragraph (b) applies.

(2)

Where a person who is a member of the official or domestic staff of a person to whom paragraph (b) of subsection (1) applies is a New Zealand citizen and not a citizen of the country concerned, or is not resident in New Zealand solely for the purpose of performing his duties as such a member, that person shall not, and a member of the family of that person shall not by reason only of his being a member of that family, be entitled to any exemption granted under subsection (1).

(3)

In this section the term member of the family, in relation to any person, means the spouse or any dependent child of that person.

Compare: 1957 No 21 ss 9(1)(a), (f)–(i), 10

Section 19(1)(a): amended, on 8 March 1985, by section 2(2) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

20 General provisions as to exemptions

(1)

The powers conferred on the Governor-General in Council by section 9 or section 9A or section 10 or on the Minister by section 19 shall be deemed to include power to exempt from any fee or duty under any Act any instrument or class of instruments to which any organisation, Government, or person, as the case may be, to which or to whom the order or exemption applies is a party.

(2)

The powers conferred on the Minister by section 19 shall be deemed to include power on the death of any person referred to in paragraph (b) or paragraph (c) of subsection (1) of the said section 19—

(a)
[Repealed]

(b)

to exempt any instrument or document or class of instruments or documents made for or relating to the appointment of an executor or administrator in the estate of that person, or to the administration or distribution of the estate, from any fee or duty under any Act.

(3)

Any exemption granted by the Minister under section 19 may be granted either unconditionally or subject to such conditions as the Minister thinks fit, and the Minister may at any time revoke any such exemption or revoke, vary, or add to any such conditions.

(4)

Every exemption referred to in subsection (3) shall come into force on such date as may be specified in that behalf by the Minister. The date so specified may be before or after the date of the granting of the exemption or before or after the commencement of this Act.

(5)

Notwithstanding the provisions of any exemption referred to in subsection (3), any question arising as to the nature or extent of any such exemption, or to the Governments or persons entitled to any such exemption, shall be referred to and be determined by the Minister. The decision of the Minister shall not be liable to be challenged, reviewed, quashed, or called in question in any court.

Compare: 1957 No 21 ss 9(2)(a), (b), (3)–(5), 13

Section 20(1): amended, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).

Section 20(1): amended, on 1 April 1972, by section 14(1)(b) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

Section 20(1): amended, on 8 December 1971, by section 2(2)(a) of the Diplomatic Privileges and Immunities Amendment Act 1971 (1971 No 96).

Section 20(2): amended, on 1 April 1972, by section 14(1)(b) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

Section 20(2): amended, on 1 April 1972, by section 14(1)(c) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

Section 20(2)(a): repealed, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).

Section 20(2)(b): amended, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).

Section 20(3): amended, on 1 April 1972, by section 14(1)(b) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

21 Refunds or payments in case of exemptions from taxation

(1)

The Minister of Finance may direct that such refunds or payments be made from any public fund or account or from the money of any local authority, public body, or person as may in the opinion of that Minister be necessary to give effect to any fiscal privilege accorded pursuant to section 5 or to any exemption granted under section 9, section 9A, section 9AB, section 10, section 10D, section 10E, section 11, or section 19.

(2)

Where any loss is suffered by any public fund or account other than a Crown Bank Account by reason of the conferring of any such privilege or the granting of any such exemption or by the making of any refund or payment directed under this section, the Minister of Finance may direct that such payments be made from a Crown Bank Account to that other fund or account as may be necessary in the opinion of that Minister to reimburse that loss.

(3)

Where any loss is suffered by any local authority, public body, or person by reason of the conferring of any such privilege or the granting of any such exemption or by the making of any refund or payment directed under this section, the Minister of Finance may direct that such payments be made from public money to that local authority, public body, or person as may be necessary in the opinion of that Minister to reimburse that loss.

(4)

All refunds or payments directed under this section to be made from any public fund or account shall be made without further appropriation than this section.

Compare: 1957 No 21 s 16

Section 21(1): amended, on 2 March 2004, by section 4(5) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 21(1): amended, on 2 March 2004, by section 6 of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Section 21(1): amended, on 1 April 1972, by section 14(1)(d) of the Consular Privileges and Immunities Act 1971 (1971 No 11).

Section 21(1): amended, on 8 December 1971, by section 2(2)(b) of the Diplomatic Privileges and Immunities Amendment Act 1971 (1971 No 96).

Section 21(2): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

Section 21(3): amended (with effect on 1 July 1989), on 26 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

22 Certificate of Minister

If in any proceedings any question arises whether or not any person or any organisation or the Commonwealth Secretariat is or was at any time or in respect of any period accorded any privilege or immunity under or by virtue of this Act, a certificate issued by the Minister stating any fact relevant to that question shall be conclusive evidence of that fact.

Compare: 1957 No 21 s 17

Section 22: amended, on 8 December 1971, by section 2(2)(c) of the Diplomatic Privileges and Immunities Amendment Act 1971 (1971 No 96).

23 Saving of legal proceedings

This Act shall not affect any legal proceedings begun before the commencement of this Act.

Compare: 1957 No 21 s 18

24 Regulations

The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to this Act and for the due administration thereof.

Compare: 1957 No 21 s 19

25 Application of Act to Niue and Tokelau

(1)

This Act shall be in force in Niue and in Tokelau.

(2)

In the application of this Act to Niue, unless the context otherwise requires—

(a)

every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to Niue:

(b)

every reference in section 21 to the Minister of Finance shall be construed as a reference to the Cabinet of Ministers of Niue:

(c)

every reference in section 21 to a Crown Bank Account shall be construed as a reference to the Niue Government Account.

(3)

In the application of this Act to Tokelau, unless the context otherwise requires, every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to Tokelau.

Compare: 1957 No 21 s 21

Section 25 heading: amended, on 9 December 1976, pursuant to section 3(8) of the Tokelau Amendment Act 1976 (1976 No 122).

Section 25(1): amended, on 9 December 1976, pursuant to section 3(8) of the Tokelau Amendment Act 1976 (1976 No 122).

Section 25(2)(b): amended, at 11 pm on 19 October 1974, pursuant to section 2(2)(c) of the Niue Amendment Act 1974 (1974 No 43).

Section 25(2)(c): amended. on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

Section 25(2)(c): amended, at 11pm on 19 October 1974, pursuant to section 2(2)(f) of the Niue Amendment Act 1974 (1974 No 43).

Section 25(3): amended, on 9 December 1976, pursuant to section 3(8) of the Tokelau Amendment Act 1976 (1976 No 122).

26 Application of Act to Cook Islands

Whereas in accordance with Article 46 of the Constitution of the Cook Islands (as set out in Schedule 2 of the Cook Islands Constitution Amendment Act 1965) the Government of the Cook Islands has requested and consented to the enactment of a provision extending the provisions of this Act to the Cook Islands as part of the law of the Cook Islands:

Be it therefore enacted as follows:

(1)

This Act shall extend to the Cook Islands as part of the law of the Cook Islands.

(2)

In the application of this Act to the Cook Islands, unless the context otherwise requires—

(a)

every reference to New Zealand (when used as a territorial description) shall be construed as including a reference to the Cook Islands:

(b)

every reference to the Minister of Finance shall be construed as a reference to the Minister of Finance of the Cook Islands:

(c)

every reference in section 21 to a Crown Bank Account shall be construed as a reference to the Cook Islands Government Account:

(d)

every reference in Schedule 2 or Schedule 4 to the Minister of Customs shall be construed as a reference to the Minister of Customs of the Cook Islands.

Compare: 1957 No 21 s 21

Section 26(2)(c): amended. on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

27 Repeals

(1)

The following enactments are hereby repealed:

(a)

the Diplomatic Immunities and Privileges Act 1957:

(b)

Amendment(s) incorporated in the Act(s).

(2)

As from the commencement of this Act, sections 3 and 5 of the Act of the Parliament of Great Britain intituled the Diplomatic Privileges Act 1708 shall cease to have effect as part of the law of New Zealand.

Schedule 1 The Vienna Convention on Diplomatic Relations

s 3

The States Parties to the present Convention,

Recalling that peoples of all nations from ancient times have recognized the status of diplomatic agents,

Having in mind the purposes and principles of the Charter of the United Nations concerning the sovereign equality of States, the maintenance of international peace and security, and the promotion of friendly relations among nations,

Believing that an international convention on diplomatic intercourse, privileges and immunities would contribute to the development of friendly relations among nations, irrespective of their differing constitutional and social systems,

Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of the functions of diplomatic missions as representing States,

Affirming that the rules of customary international law should continue to govern questions not expressly regulated by the provisions of the present Convention,

Have agreed as follows:

Article 1

For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them:

(a)

the “head of the mission” is the person charged by the sending State with the duty of acting in that capacity;

(b)

the “members of the mission” are the head of the mission and the members of the staff of the mission;

(c)

the “members of the staff of the mission” are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission;

(d)

the “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank;

(e)

a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission;

(f)

the “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission;

(g)

the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission;

(h)

a “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State;

(i)

the “premises of the mission” are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.

Article 2

The establishment of diplomatic relations between States, and of permanent diplomatic missions, takes place by mutual consent.

Article 3

1.

The functions of a diplomatic mission consist inter alia in:

(a)

representing the sending State in the receiving State;

(b)

protecting in the receiving State the interests of the sending State and of its nationals, within the limits permitted by international law;

(c)

negotiating with the Government of the receiving State;

(d)

ascertaining by all lawful means conditions and developments in the receiving State, and reporting thereon to the Government of the sending State;

(e)

promoting friendly relations between the sending State and the receiving State, and developing their economic, cultural and scientific relations.

2.

Nothing in the present Convention shall be construed as preventing the performance of consular functions by a diplomatic mission.

Article 4

1.

The sending State must make certain that the agrément of the receiving State has been given for the person it proposes to accredit as head of the mission to that State.

2.

The receiving State is not obliged to give reasons to the sending State for a refusal of agrément.

Article 5

1.

The sending State may, after it has given due notification to the receiving States concerned, accredit a head of mission or assign any member of the diplomatic staff, as the case may be, to more than one State, unless there is express objection by any of the receiving States.

2.

If the sending State accredits a head of mission to one or more other States it may establish a diplomatic mission headed by a chargé d’affaires ad interim in each State where the head of mission has not his permanent seat.

3.

A head of mission or any member of the diplomatic staff of the mission may act as representative of the sending State to any international organization.

Article 6

Two or more States may accredit the same person as head of mission to another State, unless objection is offered by the receiving State.

Article 7

Subject to the provisions of Articles 5, 8, 9 and 11, the sending State may freely appoint the members of the staff of the mission. In the case of military, naval or air attachés, the receiving State may require their names to be submitted beforehand, for its approval.

Article 8

1.

Members of the diplomatic staff of the mission should in principle be of the nationality of the sending State.

2.

Members of the diplomatic staff of the mission may not be appointed from among persons having the nationality of the receiving State, except with the consent of that State which may be withdrawn at any time.

3.

The receiving State may reserve the same right with regard to nationals of a third State who are not also nationals of the sending State.

Article 9

1.

The receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.

2.

If the sending State refuses or fails within a reasonable period to carry out its obligations under paragraph 1 of this Article, the receiving State may refuse to recognize the person concerned as a member of the mission.

Article 10

1.

The Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, shall be notified of:

(a)

the appointment of members of the mission, their arrival and their final departure or the termination of their functions with the mission;

(b)

the arrival and final departure of a person belonging to the family of a member of the mission and, where appropriate, the fact that a person becomes or ceases to be a member of the family of a member of the mission;

(c)

the arrival and final departure of private servants in the employ of persons referred to in sub-paragraph (a) of this paragraph and, where appropriate, the fact that they are leaving the employ of such persons;

(d)

the engagement and discharge of persons resident in the receiving State as members of the mission or private servants entitled to privileges and immunities.

2.

Where possible, prior notification of arrival and final departure shall also be given.

Article 11

1.

In the absence of specific agreement as to the size of the mission, the receiving State may require that the size of a mission be kept within limits considered by it to be reasonable and normal, having regard to circumstances and conditions in the receiving State and to the needs of the particular mission.

2.

The receiving State may equally, within similar bounds and on a non-discriminatory basis, refuse to accept officials of a particular category.

Article 12

The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself is established.

Article 13

1.

The head of the mission is considered as having taken up his functions in the receiving State either when he has presented his credentials or when he has notified his arrival and a true copy of his credentials has been presented to the Ministry for Foreign Affairs of the receiving State, or such other ministry as may be agreed, in accordance with the practice prevailing in the receiving State which shall be applied in a uniform manner.

2.

The order of presentation of credentials or of a true copy thereof will be determined by the date and time of the arrival of the head of the mission.

Article 14

1.

Heads of mission are divided into three classes, namely:

(a)

that of ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;

(b)

that of envoys, ministers and internuncios accredited to Heads of State;

(c)

that of chargés d’affaires accredited to Ministers for Foreign Affairs.

2.

Except as concerns precedence and etiquette, there shall be no differentiation between heads of mission by reason of their class.

Article 15

The class to which the heads of their missions are to be assigned shall be agreed between States.

Article 16

1.

Heads of mission shall take precedence in their respective classes in the order of the date and time of taking up their functions in accordance with Article 13.

2.

Alterations in the credentials of a head of mission not involving any change of class shall not affect his precedence.

3.

This article is without prejudice to any practice accepted by the receiving State regarding the precedence of the representative of the Holy See.

Article 17

The precedence of the members of the diplomatic staff of the mission shall be notified by the head of the mission to the Ministry for Foreign Affairs or such other ministry as may be agreed.

Article 18

The procedure to be observed in each State for the reception of heads of mission shall be uniform in respect of each class.

Article 19

1.

If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions, a chargé d’affaires ad interim shall act provisionally as head of the mission. The name of the chargé d’affaires ad interim shall be notified, either by the head of the mission or, in case he is unable to do so, by the Ministry for Foreign Affairs of the sending State to the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.

2.

In cases where no member of the diplomatic staff of the mission is present in the receiving State, a member of the administrative and technical staff may, with the consent of the receiving State, be designated by the sending State to be in charge of the current administrative affairs of the mission.

Article 20

The mission and its head shall have the right to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport.

Article 21

1.

The receiving State shall either facilitate the acquisition on its territory, in accordance with its laws, by the sending State of premises necessary for its mission or assist the latter in obtaining accommodation in some other way.

2.

It shall also, where necessary, assist missions in obtaining suitable accommodation for their members.

Article 22

1.

The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

2.

The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

3.

The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

Article 23

1.

The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered.

2.

The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission.

Article 24

The archives and documents of the mission shall be inviolable at any time and wherever they may be.

Article 25

The receiving State shall accord full facilities for the performance of the functions of the mission.

Article 26

Subject to its laws and regulations concerning zones entry into which is prohibited or regulated for reasons of national security, the receiving State shall ensure to all members of the mission freedom of movement and travel in its territory.

Article 27

1.

The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State.

2.

The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions.

3.

The diplomatic bag shall not be opened or detained.

4.

The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.

5.

The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6.

The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.

7.

A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.

Article 28

The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.

Article 29

The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.

Article 30

1.

The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission.

2.

His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability.

Article 31

1.

A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:

(a)

a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(b)

an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c)

an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.

2.

A diplomatic agent is not obliged to give evidence as a witness.

3.

No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under sub-paragraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence.

4.

The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State.

Article 32

1.

The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2.

Waiver must always be express.

3.

The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.

4.

Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.

Article 33

1.

Subject to the provisions of paragraph 3 of this Article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State.

2.

The exemption provided for in paragraph 1 of this Article shall also apply to private servants who are in the sole employ of a diplomatic agent, on condition:

(a)

that they are not nationals of or permanently resident in the receiving State; and

(b)

that they are covered by the social security provisions which may be in force in the sending State or a third State.

3.

A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving State impose upon employers.

4.

The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.

5.

The provisions of this Article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.

Article 34

A diplomatic agent shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

(a)

indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b)

dues and taxes on private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;

(c)

estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of the Article 39;

(d)

dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

(e)

charges levied for specific services rendered;

(f)

registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of Article 23.

Article 35

The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

Article 36

1.

The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services, on:

(a)

articles for the official use of the mission;

(b)

articles for the personal use of a diplomatic agent or members of his family forming part of his household, including articles intended for his establishment.

2.

The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his authorized representative.

Article 37

1.

The members of the family of a diplomatic agent forming part of his household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36.

2.

Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35, except that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.

3.

Members of the service staff of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from dues and taxes on the emoluments they receive by reason of their employment and the exemption contained in Article 33.

4.

Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 38

1.

Except insofar as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of his functions.

2.

Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

Article 39

1.

Every person entitled to privileges and immunities shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when his appointment is notified to the Ministry for Foreign Affairs or such other ministry as may be agreed.

2.

When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist.

3.

In case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.

4.

In the event of the death of a member of the mission not a national of or permanently resident in the receiving State or a member of his family forming part of his household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.

Article 40

1.

If a diplomatic agent passes through or is in the territory of a third State, which has granted him a passport visa if such visa was necessary, while proceeding to take up or to return to his post, or when returning to his own country, the third State shall accord him inviolability and such other immunities as may be required to ensure his transit or return. The same shall apply in the case of any members of his family enjoying privileges or immunities who are accompanying the diplomatic agent, or travelling separately to join him or to return to their country.

2.

In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.

3.

Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such visa was necessary, and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.

4.

The obligations of third States under paragraphs 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to force majeure.

Article 41

1.

Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.

2.

All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed.

3.

The premises of the mission must not be used in any manner incompatible with the functions of the mission as laid down in the present Convention or by other rules of general international law or by any special agreements in force between the sending and the receiving State.

Article 42

A diplomatic agent shall not in the receiving State practise for personal profit any professional or commercial activity.

Article 43

The function of a diplomatic agent comes to an end, inter alia:

(a)

on notification by the sending State to the receiving State that the function of the diplomatic agent has come to an end;

(b)

on notification by the receiving State to the sending State that, in accordance with paragraph 2 of Article 9, it refuses to recognise the diplomatic agent as a member of the mission.

Article 44

The receiving State must, even in case of armed conflict, grant facilities in order to enable persons enjoying privileges and immunities, other than nationals of the receiving State, and members of the families of such persons irrespective of their nationality, to leave at the earliest possible moment. It must, in particular, in case of need, place at their disposal the necessary means of transport for themselves and their property.

Article 45

If diplomatic relations are broken off between two States, or if a mission is permanently or temporarily recalled:

(a)

the receiving State must, even in case of armed conflict, respect and protect the premises of the mission, together with its property and archives;

(b)

the sending State may entrust the custody of the premises of the mission, together with its property and archives, to a third State acceptable to the receiving State;

(c)

the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State.

Article 46

A sending State may with the prior consent of a receiving State, and at the request of a third State not represented in the receiving State, undertake the temporary protection of the interests of the third State and of its nationals.

Article 47

1.

In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States.

2.

However, discrimination shall not be regarded as taking place:

(a)

where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State;

(b)

where by custom or agreement States extend to each other more favourable treatment than is required by the provisions of the present Convention.

Article 48

The present Convention shall be open for signature by all States Members of the United Nations or of any of the specialised agencies or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the Convention, as follows: until 31 October 1961 at the Federal Ministry for Foreign Affairs of Austria and subsequently, until 31 March 1962, at the United Nations Headquarters in New York.

Article 49

The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 50

The present Convention shall remain open for accession by any State belonging to any of the four categories mentioned in Article 48. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 51

1.

The present Convention shall enter into force on the thirtieth day following the date of deposit of the twenty-second instrument of ratification or accession with the Secretary-General of the United Nations.

2.

For each State ratifying or acceding to the Convention after the deposit of the twenty-second instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

Article 52

The Secretary-General of the United Nations shall inform all States belonging to any of the four categories mentioned in Article 48:

(a)

of signatures to the present Convention and of the deposit of instruments of ratification or accession, in accordance with Articles 48, 49 and 50;

(b)

of the date on which the present Convention will enter into force, in accordance with Article 51.

Article 53

The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States belonging to any of the four categories mentioned in Article 48.

In witness whereof the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Convention.

Done at Vienna, this eighteenth day of April one thousand nine hundred and sixty-one.

[Signatures not reproduced.]

Schedule 2 Privileges and immunities of international organisations

s 9(2)(a)

1

Immunity from suit and legal process.

2

The like inviolability of official premises and archives as is accorded in respect of the official premises and archives of a diplomatic mission.

3

Immunity in relation to its property and assets, wherever located and by whomsoever held, from search, requisition, confiscation, expropriation, or any other form of interference.

4

Exemption from taxes and rates, other than taxes on the importation of goods.

Schedule 2 clause 4: substituted, on 3 June 1998, by section 2 of the Diplomatic Privileges and Immunities Amendment Act 1998 (1998 No 40).

5

Exemption from taxes on the importation of goods directly imported by the organisation for its official use in New Zealand or for exportation, or on the importation of any publications of the organisation directly imported by it, subject to compliance with such conditions as the Minister of Customs may determine for the protection of the revenue.

6

Exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the organisation for its official use and in the case of any publications of the organisation directly imported or exported by it, subject to compliance with such conditions as the Minister of Customs may determine for the protection of the public health, the prevention of diseases in plants and animals, and otherwise in the public interest.

7

The right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside New Zealand), of any reduced rates applicable for the corresponding service in the case of press telegrams.

Schedule 3 Privileges and immunities of representatives, members of committees, high officers, persons on missions, and certain members of EC delegations

ss 9(2)(b), 9AB(1)

Schedule 3 heading: amended, on 2 March 2004, by section 4(6)(a) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Schedule 3 heading: amended, on 2 March 2004, by section 4(6)(b) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

1

The like immunity from suit and legal process as is accorded to a diplomatic agent.

2

The like inviolability of residence, official premises, and official archives as is accorded to a diplomatic agent.

3

The like exemption from taxes and rates as is accorded to a diplomatic agent.

Schedule 4 Privileges and immunities of other officers and servants, members of EC delegations who are service staff, and private servants of members of EC delegations

ss 9(2)(c), 9AB(3)

Schedule 4 heading: amended, on 2 March 2004, by section 4(7)(a) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Schedule 4 heading: amended, on 2 March 2004, by section 4(7)(b) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

1

Immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties.

2

Exemption from taxes in respect of emoluments received as an officer or servant of the organisation.

3

Exemption from taxes on the importation of furniture and effects imported at the time of first taking up post in New Zealand, that exemption to be subject to compliance with such conditions as the Minister of Customs may determine for the protection of the revenue.

Schedule 5 Privileges and immunities of official staffs and of families of high officers or of certain members of EC delegations

ss 9(2), 9AB(2)

Schedule 5 heading: amended, on 2 March 2004, by section 4(8)(a) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Schedule 5 heading: amended, on 2 March 2004, by section 4(8)(b) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

1

Where any person is accorded any such immunities and privileges as are mentioned in Schedule 3 as the representative on any organ of the organisation or a member of any committee of the organisation or of an organ thereof, the members of his official staff accompanying him as such a representative or member shall also be accorded those immunities and privileges to the same extent as the members of the staff of a mission are accorded the immunities and privileges accorded to a diplomatic agent.

2

Where any person is accorded any such privileges and immunities as are mentioned in Schedule 3 as an officer of the organisation, the members of the family of that person who form part of his household shall also be accorded those privileges and immunities to the same extent as the members of the family of a diplomatic agent who form part of his household are accorded the privileges and immunities accorded to that diplomatic agent.

3

Where a person is accorded any such privileges and immunities as are mentioned in Schedule 3 as a member of an EC delegation, the members of the family of that member of the EC delegation who form part of his or her household must also be accorded those privileges and immunities to the same extent as the members of the family of a diplomatic agent who form part of his or her household are accorded the privileges and immunities accorded to that diplomatic agent.

Schedule 5 clause 3: added, on 2 March 2004, by section 4(9) of the Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1).

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

    Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5

    List of amendments incorporated in this reprint (most recent first)

Notes
1 General

This is a reprint of the Diplomatic Privileges and Immunities Act 1968. The reprint incorporates all the amendments to the Act as at 25 January 2005, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/.

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

  • omission of unnecessary referential words (such as “of this section” and “of this Act”)

  • typeface and type size (Times Roman, generally in 11.5 point)

  • layout of provisions, including:

    • indentation

    • position of section headings (eg, the number and heading now appear above the section)

  • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

  • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

  • position of the date of assent (it now appears on the front page of each Act)

  • punctuation (eg, colons are not used after definitions)

  • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

  • case and appearance of letters and words, including:

    • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

    • small capital letters in section and subsection references are now capital letters

  • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

  • running heads (the information that appears at the top of each page)

  • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Diplomatic Privileges and Immunities Amendment Act 2004 (2004 No 1)

Stamp Duty Abolition Act 1999 (1999 No 61): section 7

Diplomatic Privileges and Immunities Amendment Act 1998 (1998 No 40)

Diplomatic Privileges and Immunities Amendment Act 1997 (1997 No 77)

Diplomatic Privileges and Immunities Amendment Act 1996 (1996 No 73)

Chemical Weapons (Prohibition) Act 1996 (1996 No 37): section 31

International War Crimes Tribunals Act 1995 (1995 No 27): section 62

Diplomatic Privileges and Immunities Amendment Act 1994 (1994 No 83)

Foreign Affairs Amendment Act 1993 (1993 No 48): section 6(1)

Public Finance Act 1989 (1989 No 44): sections 65R(3), 83(7), 86(1)

New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987 (1987 No 86): section 26

Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12)

Citizenship Act 1977 (1977 No 61): section 30(2)

Tokelau Amendment Act 1976 (1976 No 122): section 3(8)

Niue Amendment Act 1974 (1974 No 43): section 2(2)(c), (f)

Diplomatic Privileges and Immunities Amendment Act 1971 (1971 No 96)

Consular Privileges and Immunities Act 1971 (1971 No 11): section 14(1)

Foreign Affairs Amendment Act 1969 (1969 No 78): section 2(5)