(1) A person may not export, or attempt to export, a protected New Zealand object from New Zealand—

• (a) unless—

  • (i) that person has submitted to the chief executive an application for permission to export that object; and

  • (ii) the chief executive has—

    • (A) granted the application for permission to export; and

    • (B) provided that person with a certificate of permission under section 7H to export that object; and

  • (iii) the export conforms with any terms and conditions imposed by that authorisation; or

• (b) unless the chief executive, by notice in the Gazette, exempts any category or categories of protected New Zealand objects from the provisions of this section if he or she is satisfied that sufficient examples of that category or those categories are held in public ownership in New Zealand.

(2) Every person who exports, or attempts to export, a protected New Zealand object, other than in accordance with subsection (1) or without reasonable excuse in the circumstances, commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $100,000 or a term of imprisonment not exceeding 5 years, or to both:

• (b) in the case of a body corporate, to a fine not exceeding $200,000.

(1) An application for permission to export a protected New Zealand object from New Zealand must—

• (a) be in the form prescribed by the chief executive; and

• (b) demonstrate, to the satisfaction of the chief executive,—

  • (i) that the applicant has undisputed title to that object; and

  • (ii) if the object is held in trust, that all of the trustees support the application.

(2) Nothing in this section applies to any object lawfully taken and ordinarily kept outside New Zealand but temporarily within New Zealand.

(1) The chief executive must, in writing,—

• (a) refuse to grant an application for permission to export; or

• (b) grant that application for permission to export—

  • (i) unconditionally; or

  • (ii) subject to any terms and conditions that the chief executive considers appropriate in the circumstances.

(2) If the chief executive grants an application for permission to export, he or she must provide the applicant with written notice of the terms and conditions imposed under subsection (1)(b)(ii) (if any).

(1) The chief executive may not grant an application for permission to export if the chief executive determines that the object—

• (a) is—

  • (i) a protected New Zealand object; and

  • (ii) substantially physically authentic and—

    • (A) made or naturally occurring in New Zealand; or

    • (B) made with New Zealand materials; or

    • (C) used by New Zealanders; or

    • (D) related to New Zealand; and

• (b) is—

  • (i) associated with, or representative of, activities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or

  • (ii) important to New Zealand for its technical accomplishment or design, artistic excellence, or symbolic, commemorative, or research value; or

  • (iii) part of a wider historical, scientific, or cultural collection or assemblage of importance to New Zealand; and

• (c) is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cultural heritage.

(2) Despite subsection (1), and without limiting section 7(1)(b)(ii) or section 8(1), the chief executive may grant an application that meets the criteria specified in that subsection if the grant is subject to the condition that the object be returned to New Zealand by a specified date.

(3) In making a determination under subsection (1), the chief executive must have regard to the advice of 2 or more expert examiners.

(1) When determining an application for permission to export, the chief executive must consult 2 or more expert examiners.

(2) For the purposes of subsection (1), the chief executive must establish and maintain a register of expert examiners.

(3) The chief executive must be satisfied that the expert examiners with whom he or she consults are experts in the field relevant to the particular application for permission to export.

With respect to examining an object subject to an application for permission to export, the relevant expert examiner must have regard to the matters specified in section 7A(1).

An expert examiner must provide the chief executive with a recommendation not to grant an application for permission to export if the protected New Zealand object is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cultural heritage.

No expert examiner may be held personally liable for any advice or recommendation that the expert examiner provides in good faith in relation to sections 7A to 7D.

(1) The chief executive must establish and maintain a register of objects, or categories of objects, of national significance.

(2) The register—

• (a) must include (but is not limited to) any protected New Zealand object in respect of which the chief executive has refused to grant an application for permission to export; and

• (b) may include any protected New Zealand object—

  • (i) that its owner submits for inclusion in the register; and

  • (ii) that is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cultural heritage.

(3) An object may only be removed from the register if it no longer meets the criteria specified in subsection (2).

(4) The register is not available for public inspection.

(1) A registered object may not be permanently exported from New Zealand.

(2) If a registered object is permanently exported from New Zealand, the chief executive may take any appropriate action that he or she thinks fit to seek to have the object returned to New Zealand.

If permission is granted by the chief executive for the export of a protected New Zealand object, a certificate must be issued to the applicant under the hand of the chief executive.

(1) Without prejudice to the generality of the authority given under this Act to impose terms and conditions, the chief executive may, when granting permission to remove any protected New Zealand object from New Zealand, impose conditions—

• (a) requiring the owner to permit the protected New Zealand object to be copied by photography, cast, or otherwise in such manner, in such numbers, and by such person, as the chief executive may direct:

• (b) requiring the owner of the protected New Zealand object to deliver it to such person as the chief executive may direct for the purpose of being packed and dispatched from New Zealand, at the cost and risk of the owner, to the address specified by the owner:

• (c) requiring the protected New Zealand object to be returned to New Zealand no later than the date of the expiry of a period specified in the certificate of permission to remove the protected New Zealand object from New Zealand.

(2) Every copy made pursuant to paragraph (a) of subsection (1) shall, subject to the provisions of the Copyright Act 1994, be the property of the Crown and shall be kept in safe custody in accordance with the directions of the chief executive.

(1) Where the chief executive has refused his or her permission to the removal of any protected New Zealand object or has granted any such permission subject to terms and conditions, the applicant for the permission may appeal to the Minister on the grounds that, having regard to the provisions of this Act, the decision of the chief executive was not reasonably arrived at, and the Minister may, after seeking such advice (if any) as the Minister considers necessary, confirm, vary, or reverse the decision of the chief executive, and the decision of the Minister with regard to any such appeal shall be final.

(2) Any appeal under this section shall be forwarded to the Minister within 28 days after the date when the decision of the chief executive is made known to the appellant.

(1) Subject to the provisions of this Act, any protected New Zealand object exported or attempted to be exported in breach of this Act shall be forfeited to the Crown and the provisions of the Customs and Excise Act 1996 (except sections 229, 231(3)(b), 233(1)(c), 234, 235, 235C(b)(ii), 236(2) to (4), and 237 of that Act) relating to forfeited goods shall apply to any such article in the same manner as they apply to goods forfeited under the Customs and Excise Act 1996.

(1A) The powers conferred on Customs officers under the Customs and Excise Act 1996 (except sections 229, 231(3)(b), 233(1)(c), 234, 235, 235C(b)(ii), 236(2) to (4), and 237 of that Act) apply in relation to the export of a protected New Zealand object.

(1B) The forfeiture of an object under subsection (1) is not dependent on the seizure of that object.

(2) Where any protected New Zealand object is seized as forfeited to the Crown pursuant to this section, it shall be delivered to the chief executive and retained in safe custody in accordance with the chief executive’s directions:

provided that the chief executive may, at his or her discretion, direct that the protected New Zealand object be returned to the person who was the owner of the protected New Zealand object immediately before forfeiture subject to such conditions (if any) as the chief executive may think fit to impose.

(3) Subject to the provisions of this Act,—

• (a) the provisions of the Customs and Excise Act 1996 relating to unlawful imports (except sections 229, 231(3)(b), 233(1)(c), 234, 235, 235C(b)(ii), 236(2) to (4), and 237 of that Act) apply to an unlawfully exported protected foreign object; and

• (b) that object is to be treated as a prohibited import under section 54 of that Act.

(4) If the New Zealand Customs Service seizes an unlawfully exported protected foreign object or a stolen protected foreign object, that object must be—

• (a) transferred to the Ministry; and

• (b) held by the Ministry, in accordance with the directions of the chief executive (if any), until any proceedings related to that object under this Act or the Customs and Excise Act 1996 are completed.

(5) Despite anything in the Customs and Excise Act 1996 or any other enactment,—

• (a) a prosecution for an offence under this Act or the Customs and Excise Act 1996 with respect to a protected New Zealand object—

  • (i) may be commenced at any time within 5 years from the date on which that offence was committed; but

  • (ii) may not be commenced after the expiration of 5 years from the date on which that offence was committed; and

• (b) no Customs duties or taxes are payable in respect of a protected foreign object whose return is ordered by a court under section 10B or section 10E.

A person may not import into New Zealand an unlawfully exported protected foreign object.

(1) A reciprocating State may bring a claim in a court of competent jurisdiction for the return of an unlawfully exported protected foreign object against the person who possesses that object within—

• (a) 3 years of the date on which the claimant knew—

  • (i) the location of that object; and

  • (ii) the identity of the possessor of that object; and

• (b) 50 years of the date on which that object—

  • (i) was unlawfully exported; or

  • (ii) should have been returned to that State under a permit for temporary export issued by that State.

(2) The court must order the return of the unlawfully exported protected foreign object if the claimant establishes that—

• (a) the removal of that object from the claimant’s territory significantly impairs 1 or more of the following interests:

  • (i) the physical preservation of that object or its context:

  • (ii) the integrity of a complex object:

  • (iii) the preservation of information, including (but not limited to) information of a scientific or historical character:

  • (iv) the traditional or ritual use of that object by a tribal or indigenous community; or

• (b) the object is of significant cultural importance for the claimant.

(1) If a court orders the return of an unlawfully exported protected foreign object, the relevant reciprocating State must, at the time of the return, pay fair and reasonable compensation to the person who possesses that object, provided that—

• (a) the object was acquired after it was unlawfully exported; and

• (b) the person did not know, and could not reasonably be expected to have known, that the object, at the time it was acquired, was unlawfully exported.

(2) In determining whether the person knew, or could reasonably be expected to have known, that the object was unlawfully exported, a court must have regard to the circumstances of the acquisition, including (but not limited to) the absence of an export certificate issued under the law of the relevant reciprocating State.

(3) If the relevant reciprocating State agrees, the person required to return an unlawfully exported protected foreign object may, in lieu of compensation,—

• (a) retain ownership of that object; or

• (b) transfer ownership, gratuitously or against payment, to a person who—

  • (i) resides in that State; and

  • (ii) provides any guarantees required by that State.

(4) The relevant reciprocating State must, without prejudice to its right to recover costs from any other person, meet the cost of returning an unlawfully exported protected foreign object under this section.

(5) Despite anything in this section, if a person required to return an unlawfully exported protected foreign object acquired that object gratuitously (by inheritance or otherwise), that person may not be placed in a position more favourable than the position of the person from whom that object was acquired.

(1) This section applies if—

• (a) a protected foreign object that is documented as being part of the inventory of a foreign cultural institution is stolen and imported into New Zealand; and

• (b) the relevant reciprocating State provides New Zealand with the documentation and other evidence to establish its claim for the recovery and return of that object to the chief executive.

(2) If this section applies, the chief executive must,—

• (a) at the request of the relevant reciprocating State, ask the New Zealand Customs Service to—

  • (i) seize that object pursuant to its powers under the Customs and Excise Act 1996 (except sections 229, 235, 236(2) to (4), and 237 of that Act); and

  • (ii) transfer that object to the Ministry; and

• (b) if that object is seized, return that object to that State if that State pays—

  • (i) just compensation to any person who—

    • (A) has valid title to that object; or

    • (B) is an innocent purchaser; and

  • (ii) all costs with respect to the return and delivery of the object.

(1) A person in possession of a stolen protected foreign object must return that object to its rightful owner.

(2) A claim for the restitution of a stolen protected foreign object against the person who possesses that object may be brought in a court of competent jurisdiction within—

• (a) 3 years of the date on which the claimant knew—

  • (i) the location of that object; and

  • (ii) the identity of the possessor of that object; and

• (b) 50 years of the date on which that object was stolen.

(3) Subsection (2)(b) does not apply if—

• (a) that object—

  • (i) forms an integral part of an identified monument or archaeological site in the relevant reciprocating State; or

  • (ii) is part of a foreign public collection; or

• (b) that object—

  • (i) was made by a member or members of a tribal or indigenous community for traditional or ritual use by that community; and

  • (ii) is to be returned to that community.

(4) Except as provided in section 10D(2)(b), no compensation is payable for the restitution of a stolen protected foreign object.

(5) Despite anything in the Limitation Act 2010, any claim that the person who possesses the stolen protected foreign object may have against the person from whom that object was acquired may be brought within 2 years of the date on which the order for restitution was made.

(1) Sections 10A to 10C only apply to unlawfully exported protected foreign objects that are exported from a reciprocating State on or after the commencement of this section.

(2) Sections 10D and 10E only apply to stolen protected foreign objects that are stolen on or after the commencement of this section.

(3) Sections 10A to 10C do not apply if—

• (a) the export of a protected foreign object is no longer unlawful in the relevant reciprocating State at the time that the object is imported into New Zealand or its return is requested; or

• (b) the protected foreign object was exported from the relevant reciprocating State during the lifetime of the person who created it or within a period of 50 years following the death of that person.

(4) Despite subsection (3)(b), sections 10A to 10C apply if—

• (a) a protected foreign object was made by a member or members of a tribal or indigenous community for traditional or ritual use; and

• (b) that object is to be returned to that community.

(5) In any proceedings under sections 10B or 10E, or in support of any similar proceedings in a reciprocating State, the court may grant any interim relief that it considers appropriate.

(1) Any taonga tūturu found anywhere in New Zealand or within the territorial waters of New Zealand after the commencement of this Act is hereby declared as deemed to be prima facie the property of the Crown:

provided that where any taonga tūturu has been recovered from the grave of any person or persons whose identity is known the matter shall be referred to the Maori Land Court to determine who is the proper person or who are the proper persons to hold custody of the taonga tūturu.

(2) Notwithstanding the provisions of subsection (1), if actual or traditional ownership, rightful possession, or custody of any taonga tūturu referred to in that subsection is subsequently claimed, the chief executive or any person who may have any right, title, estate, or interest in any such taonga tūturu may apply to the Maori Land Court to exercise any part of its jurisdiction under section 12:

provided that no right, title, estate, or interest in any such taonga tūturu shall exist or be deemed to exist solely by virtue of ownership or occupation of the land from which the taonga tūturu was found or recovered.

(3) Every person who, after the commencement of this Act, finds any taonga tūturu anywhere in New Zealand or within the territorial waters of New Zealand shall, within 28 days of finding the taonga tūturu, notify either the chief executive or the nearest public museum, which shall notify the chief executive, of the finding of the taonga tūturu:

provided that in the case of any taonga tūturu found during the course of any archaeological investigation authorised by the New Zealand Historic Places Trust under section 44 of the Historic Places Act 1980, the notification shall be made within 28 days of the completion of the field work undertaken in connection with the investigation.

(4) Upon receipt of a notification in accordance with subsection (3), the chief executive must—

• (a) take the action that the chief executive considers appropriate to—

  • (i) provide for the examination of the taonga tūturu, its care, its recording, and its custody on such conditions as the chief executive considers fit; and

  • (ii) notify any parties that may have an interest in the taonga tūturu; and

• (b) publish a public notice that calls for claims of ownership to be lodged with the chief executive within 60 working days of the date on which the notice is published.

(5) If only 1 claim of ownership is lodged, the chief executive must, if satisfied that the claim is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tūturu.

(6) If 2 or more competing claims are lodged, the chief executive must—

• (a) consult the claimants for the purpose of resolving the competing claims; and

• (b) if satisfied that the competing claims have been resolved and that the resolution is valid, apply to the Registrar of the Maori Land Court for an order that confirms the owner or owners of the taonga tūturu.

(7) If 2 or more competing claims are lodged, and cannot be resolved, the chief executive may, if requested by a claimant, facilitate the applications of any or all of the claimants to the Maori Land Court.

(8) For the purposes of this section, ownership, whether actual or traditional, includes (but is not limited to) collective or joint ownership.

(9) Every person who finds a taonga tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, and who contravenes subsection (3), commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

If taonga tūturu are found in a part of the common marine and coastal area for which a customary marine title order has been awarded under the Marine and Coastal Area (Takutai Moana) Act 2011, section 82 of that Act applies to that finding instead of section 11 of this Act, except to the extent that section 11 is expressly applied by section 82 of that Act.

(1) The Maori Land Court shall have jurisdiction in respect to any taonga tūturu to which section 11 applies—

• (a) to determine for the purposes of any proceeding or upon application by the chief executive or by any person authorised to apply under subsection (2) of the said section 11 whether or not the subject-matter of the proceeding or application is a taonga tūturu:

• (b) to hear and determine as between any persons applying under subsection (2) of the said section 11 any claim, whether at law or in equity, to the actual or traditional ownership, rightful possession, or custody of any taonga tūturu, or to any right, title, estate, or interest therein:

• (c) in the case of any taonga tūturu recovered from a grave to determine, if possible, the proper person or persons to hold custody of the taonga tūturu:

• (d) to make an order prohibiting any person from dealing with or doing any injury to any taonga tūturu which is the subject-matter of any application to the court, or of any application to the Chief Judge in respect of the exercise of any jurisdiction specially conferred on him or her by Te Ture Whenua Maori Act 1993 or otherwise, if in any case the application has not been finally disposed of by the court or the Chief Judge or the Appellate Court, as the case may be:

• (e) to vest in any person or persons as trustee or trustees any taonga tūturu for safekeeping and preservation:

• (f) to enforce the obligations of the trust (whether by way of an order or otherwise) against any person or persons appointed by the court as trustee or trustees:

• (g) to appoint a new trustee or trustees for any taonga tūturu held in trust, under the same conditions as laid down in section 222 of Te Ture Whenua Maori Act 1993.

(2) The Maori Land Court shall have jurisdiction to make an order prohibiting any offering for sale, or parting with possession, of any taonga tūturu (whether or not a taonga tūturu to which section 11 applies) by any person if that taonga tūturu is in the power or possession of that person by way of gift according to Māori custom and usage.

(3) The provisions of section 19(1)(b) of Te Ture Whenua Maori Act 1993 apply in respect of any matter in respect of which the Maori Land Court has jurisdiction under subsection (1) or subsection (2).

(4) To avoid doubt, section 30 of Te Ture Whenua Maori Act 1993, and any other relevant provision in that Act, applies to any claim for ownership or any appeal lodged under this Act.

(1) It shall not be lawful after the commencement of this Act for any person to sell or otherwise dispose of any taonga tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, otherwise than to a registered collector or to a public museum or through the offices of a licensed auctioneer or a licensed secondhand dealer:

provided that this subsection shall not apply to any disposition by any person to a relative of that person, whether by way of gift inter vivos, or pursuant to a testamentary disposition, or under the intestacy of that person, or by survivorship on the death of that person.

(2) Notwithstanding anything in subsection (1), no person or institution entrusted with the custody of any taonga tūturu in accordance with the terms of subsection (4) of section 11 may dispose of that taonga tūturu other than at the direction of the chief executive.

(3) Without limiting in any way his or her powers under subsection (2), the chief executive may, on application and subject to such conditions as the chief executive considers necessary, authorise approved institutions to employ destructive analytical techniques to specified ngā taonga tūturu or to specified classes of ngā taonga tūturu.

(4) Every person, other than a registered collector, who contravenes the provisions of this section commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

(5) On the conviction of any person of an offence against this section in respect of the disposition of any taonga tūturu, the court may, if it thinks fit, declare the taonga tūturu to be forfeit to the Crown.

(6) Where any taonga tūturu is forfeited to the Crown pursuant to this section, it shall be delivered to the Minister and retained in safe custody according to his or her directions.

(1) After the commencement of this Act no collector shall add or attempt to add to his or her collection of ngā taonga tūturu and no person shall be granted custody of any taonga tūturu by the chief executive unless the collector or person has been registered as a collector of ngā taonga tūturu by the chief executive.

(2) The chief executive shall, where reasonable grounds for doing so exist, have power to refuse registration and in particular shall not be required to register as a collector of ngā taonga tūturu any person—

• (a) who is not ordinarily resident in New Zealand; or

• (b) who has been convicted of an offence against any provision of this Act or of the Historic Places Act 1980.

(3) It shall be a condition of registration of any person as a registered collector that—

• (a) except in the case of a gift or bequest to a relative of that person, disposal of part or the whole of his or her collection shall be only to another registered collector, to a public museum, or through the offices of a licensed auctioneer or a licensed secondhand dealer:

• (b) his or her collection shall be made available for examination at any reasonable time by any person so authorised by the chief executive:

• (c) he or she will undertake to notify the chief executive of any change in his or her collection which has taken place otherwise than through the offices of a licensed auctioneer or a licensed secondhand dealer within 14 days of such change:

• (d) he or she will notify the chief executive of any change in the place at which the collection is held within 14 days after the date of the change.

(4) Every application for registration as a collector of ngā taonga tūturu shall be in the form provided by the chief executive, and, where registration is granted by the chief executive to any person, a certificate of registration shall be issued to the applicant under the hand of the chief executive.

(5) The chief executive shall revoke the registration of any registered collector who is convicted of an offence against this Act or the Historic Places Act 1980.

(6) Every person commits an offence who,—

• (a) not being a registered collector,—

  • (i) acquires or attempts to acquire a taonga tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, otherwise than in accordance with any provision of this Act; or

  • (ii) falsely declares to any person that he or she is a registered collector; or

• (b) being a registered collector, fails to comply with any of the conditions of registration specified in subsection (3).

(7) Every person who commits an offence under subsection (6) is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

(1) If a registered collector dies, the executor of the estate of that collector must, as soon as practicable (but no later than 90 days after the death of that collector), notify the chief executive that the collector has died.

(2) Every person who knowingly contravenes subsection (1) commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000:

• (b) in the case of a body corporate, to a fine not exceeding $20,000.

(1) Notwithstanding anything in any other enactment, no auctioneer or secondhand dealer shall after the commencement of this Act, trade in ngā taonga tūturu unless he or she is licensed by the chief executive to trade in ngā taonga tūturu in accordance with the provisions of this section.

(2) It shall be a condition of the licensing of any auctioneer or secondhand dealer in accordance with this section that—

• (a) he or she will notify an authorised public museum of every taonga tūturu which is to be offered for sale, being a taonga tūturu in respect of which a certificate of examination has been issued under section 16:

• (b) he or she will notify an authorised public museum of every taonga tūturu which is to be offered for sale, being a taonga tūturu in respect of which a certificate of examination has not been issued under section 16, and will not offer for sale or sell the taonga tūturu (other than to a public museum) until such time as the authorised public museum has issued the certificate of examination:

• (c) he or she will sell ngā taonga tūturu only to public museums, licensed secondhand dealers, licensed auctioneers, or registered collectors:

  provided that he or she may agree to sell any taonga tūturu to any other person subject to the condition that the sale is not to be completed or possession of the taonga tūturu given to that other person unless and until that other person becomes a registered collector:

• (d) he or she will give the certificate of examination of any taonga tūturu sold by him or her to the purchaser on completion of the sale of the taonga tūturu:

• (e) he or she will maintain a register in duplicate in the form provided by the chief executive, recording the name and address of the vendor and purchaser of every taonga tūturu sold, the description of the taonga tūturu given in the certificate of examination issued by a museum in accordance with section 16, the number of the certificate of examination, and such other details as the chief executive may require:

• (f) he or she will forward within 28 days of each sale of a taonga tūturu 1 copy of the entry in the register maintained in accordance with paragraph (e) to the Museum of New Zealand Te Papa Tongarewa, to form the basis of a central register of ngā taonga tūturu to be maintained by the Museum of New Zealand Te Papa Tongarewa:

• (g) he or she will make available for examination by any person so authorised by the chief executive the register maintained in accordance with paragraph (e):

• (h) he or she will display prominently in his or her premises a notice issued by the chief executive drawing attention to the provisions of this Act.

(3) Every licensed auctioneer and licensed secondhand dealer shall be issued with a licence under the hand of the chief executive and unless sooner revoked or surrendered the licence shall remain in force until 31 January in the year following that in which it was issued and then expire, but may be renewed.

(4) Every application for a licence or for the annual renewal of a licence as an auctioneer or secondhand dealer under this section shall be in the form provided by the chief executive, and shall be forwarded to the chief executive, together with a fee of $50.

(5) The chief executive shall revoke the licence of any licensed auctioneer or licensed secondhand dealer—

• (a) who is convicted of an offence against this Act or the Historic Places Act 1980; or

• (b) who ceases to be an auctioneer licensed under the Auctioneers Act 1928 or, as the case may be, a secondhand dealer licensed under the Secondhand Dealers and Pawnbrokers Act 2004.

(6) Every person commits an offence who,—

• (a) in a manner contrary to the provisions of this section, purchases or attempts to purchase, or sells or attempts to sell, a taonga tūturu, knowing or having reasonable cause to suspect that it is a taonga tūturu, or falsely declares to any person that he or she is a licensed auctioneer or a licensed secondhand dealer; or

• (b) being a licensed auctioneer or a licensed secondhand dealer, fails to comply with any of the conditions of his or her licence specified in subsection (2).

(7) Every person who commits an offence under subsection (6) is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

(1) At the request of a licensed auctioneer or of a licensed secondhand dealer in accordance with paragraph (b) of subsection (2) of section 15 or at the request of any registered collector, any authorised public museum shall issue a certificate of examination in respect of any taonga tūturu within 28 days of the taonga tūturu being first made available for examination.

(2) The authorised public museum requested to issue a certificate of examination by a licensed auctioneer or a licensed secondhand dealer may, at its discretion, notify other public museums of the availability of the taonga tūturu and may make an offer for its purchase.

(3) Every certificate of examination issued by an authorised public museum in respect of any taonga tūturu shall be in the form provided by the chief executive and shall be numbered, and every taonga tūturu examined by an authorised public museum for the purpose of issuing a certificate of examination shall be clearly identified with a registration number.

(4) Every person—

• (a) who knowingly removes or alters the registration number identifying any taonga tūturu pursuant to this section; or

• (b) who knowingly alters a certificate of examination issued by an authorised public museum in respect of any taonga tūturu; or

• (c) who makes or causes to be made any certificate of examination purporting to be issued by an authorised public museum without the authority of that museum—

commits an offence, and shall be liable on summary conviction, in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu or, in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

(1) No person who under this Act becomes aware of the ownership or location of any taonga tūturu shall disclose any information relating thereto to any other person except as required or permitted pursuant to this Act, or with the written consent of the chief executive or of the owner of the taonga tūturu or of the person having lawful custody thereof.

(2) Every person who knowingly acts in contravention of subsection (1) commits an offence and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

(1) Any person who manufactures for sale a replica of any taonga tūturu shall be required to identify it clearly and permanently as such.

(2) Every person who, without reasonable cause, fails to comply with the provisions of subsection (1) commits an offence, and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each taonga tūturu:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each taonga tūturu.

Every person who wilfully damages or destroys an object that is subject to an export application, or has been refused export permission under this Act, commits an offence, and is liable on summary conviction,—

• (a) in the case of an individual, to a fine not exceeding $10,000 for each object or a term of imprisonment not exceeding 2 years:

• (b) in the case of a body corporate, to a fine not exceeding $20,000 for each object.

The chief executive shall include in his or her report to the Minister for every financial year an account of the operation of this Act, with particular reference to ngā taonga tūturu found, ngā taonga tūturu placed in the custody of other persons (whether by the chief executive or by the Maori Land Court) and the permissions given by the chief executive for the removal of protected New Zealand objects from New Zealand.

The provisions of this Act are in addition to and not in substitution for the provisions of any other enactment but, except where this Act otherwise provides, nothing in this Act shall derogate from any provision of any other enactment. Compliance with the provisions of any other enactment shall not confer any relief or exemption from liability under this Act but no person shall be convicted of any offence under this Act in respect of the same matter for which he or she has been convicted of an offence under any other enactment.

The Governor-General may, by Order in Council, make regulations—

• (a) specifying that a particular object is a protected New Zealand object if that object—

  • (i) is substantially physically authentic and is—

    • (A) made or naturally occurring in New Zealand; or

    • (B) made with New Zealand materials; or

    • (C) used by New Zealanders; or

    • (D) related to New Zealand; and

  • (ii) is—

    • (A) associated with, or representative of, activities, events, ideas, movements, objects, persons, or places of importance to New Zealand; or

    • (B) important to New Zealand for its technical accomplishment or design, artistic excellence, or symbolic, commemorative, or research value; or

    • (C) part of a wider historical, scientific, or cultural collection or assemblage of importance to New Zealand; and

  • (iii) is of such significance to New Zealand or part of New Zealand that its export from New Zealand would substantially diminish New Zealand’s cultural heritage; and

• (b) specifying that a State is a reciprocating State; and

• (c) providing for any matters that are contemplated by this Act, or necessary for giving full effect to its provisions and for its due administration.

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

The following enactments are hereby consequentially repealed:

• (a) amendment(s) incorporated in the Act(s):

• (b) the Historic Articles Act 1962.