Foreign Affairs Act 1988

  • Previous title has changed

Reprint
as at 25 January 2005

Coat of Arms of New Zealand

Foreign Affairs Act 1988

Public Act1988 No 159
Date of assent29 November 1988
Commencementsee section 1(2)
  • Act name: amended, on 1 July 1993, by section 2(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).


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.


An Act to make better provision for the conduct of relations between New Zealand and foreign states generally

1 Short Title and commencement
  • (1) This Act may be cited as the Foreign Affairs Act 1988.

    (2) This Act shall come into force on 1 December 1988.

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

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    head of mission means a person who is appointed by the Governor-General to be—

    • (a) High Commissioner for New Zealand in any Commonwealth country, or in the Cook Islands; or

    • (aa) High Commissioner for New Zealand in Niue; or

    • (b) Ambassador of New Zealand to any State that is not a Commonwealth country; or

    • (c) head of mission for New Zealand at any international organisation; or

    • (d) head of mission for New Zealand (not being a high commissioner or ambassador) to any State

    head of post means a person who is not a head of mission but is appointed by the Governor-General to be the head of a New Zealand government office in any State

    Ministry means the Ministry of Foreign Affairs and Trade

    Secretary means the Secretary of Foreign Affairs and Trade

    State means any State, country, or territory; but does not include New Zealand

    State services has the meaning given to it by section 2(1) of the State Sector Act 1988.

    Section 2 head of mission paragraph (a): substituted, on 1 July 1993, by section 3(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 2 head of mission paragraph (aa): inserted, on 1 July 1993, by section 3(2) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 2 Ministry: substituted, on 1 July 1993, by section 3(3) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 2 Secretary: substituted, on 1 July 1993, by section 3(4) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

2A Maori name of Ministry of Foreign Affairs and Trade
  • The name of the Ministry of Foreign Affairs and Trade is, in the Maori language, Manatū Aorere.

    Section 2A: inserted, on 1 July 1993, by section 4 of the Foreign Affairs Amendment Act 1993 (1993 No 48).

3 Secretary of Foreign Affairs and Trade
  • The chief executive of the Ministry shall be known as the Secretary of Foreign Affairs and Trade.

    Section 3: substituted, on 1 July 1993, by section 5 of the Foreign Affairs Amendment Act 1993 (1993 No 48).

4 Appointment of head of mission or head of post
  • (1) The Governor-General may from time to time appoint or reappoint any person as a head of mission or head of post.

    (2) The procedure put in place by the Secretary pursuant to section 65 of the State Sector Act 1988 shall not apply to any appointment or reappointment of a head of mission or head of post.

    Compare: 1983 No 128 s 10A; 1988 No 34 s 7

5 Removal from office
  • The Governor-General may from time to time remove any head of mission or head of post from office.

    Compare: 1983 No 128 s 10B; 1988 No 34 s 7

6 Overseas assignments
  • (1) The Secretary may assign to service overseas—

    • (a) [Repealed]

    • (b) any officer or employee of the Ministry; or

    • (c) any other person, being an officer or employee of the State services or of New Zealand Trade and Enterprise (as established by the New Zealand Trade and Enterprise Act 2003), who is on secondment to the Ministry.

    (2) The Secretary may reassign—

    • (a) to service in New Zealand; or

    • (b) to other service overseas,—

    any person who is assigned to service overseas under subsection (1).

    (3) The procedure put in place by the Secretary pursuant to section 65 of the State Sector Act 1988 shall not apply to assignments or reassignments pursuant to this section.

    Compare: 1983 No 128 s 10C; 1988 No 34 s 7

    Section 6(1)(a): repealed, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 6(1)(b): amended, on 25 January 2005, by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

    Section 6(1)(c): amended, on 1 July 2003, by section 84 of the New Zealand Trade and Enterprise Act 2003 (2003 No 27).

7 Conditions of service overseas
  • The Secretary shall determine the allowances and other conditions of service applicable to—

    • (a) any head of mission or head of post; or

    • (b) any person assigned or reassigned under section 6 to service overseas.

    Compare: 1983 No 128 s 10D; 1988 No 34 s 7

8 Code of conduct
  • The Secretary may from time to time promulgate a code of conduct for members of the staff of overseas missions and overseas posts, including—

    • (a) heads of mission and heads of post; and

    • (b) persons assigned or reassigned under section 6 to service overseas.

    Compare: 1983 No 128 s 10E; 1988 No 34 s 7

9 Application of Government Superannuation Fund Act 1956 to persons serving overseas
  • (1) For the purposes of the Government Superannuation Fund Act 1956,—

    • (a) every overseas mission and overseas post is hereby declared to be, and every overseas mission, overseas post, former overseas mission, and former overseas post is hereby deemed to have been, part of the Government service:

    • (b) a person shall be deemed neither to be, nor to have been, employed in the Government service during any period during which that person is or was serving overseas unless, immediately before the commencement of that period, that person was permanently employed in the Government service.

    (2) For the purposes of subsection (1), Government service has the same meaning as in the Government Superannuation Fund Act 1956.

    Compare: 1983 No 128 s 10F; 1988 No 34 s 7

10 Locally engaged staff
  • Any head of mission or head of post may, on conditions determined by the Secretary, employ persons as members of the local staff of the overseas mission or overseas post concerned.

    Compare: 1983 No 128 s 10G; 1988 No 34 s 7

11 Superannuation schemes for locally engaged staff
  • (1) The Secretary may, with the concurrence of the Minister of Finance, determine the superannuation rights of persons employed under section 10.

    (2) All contributions, retiring allowances, annuities, and other amounts payable by the Government of New Zealand pursuant to any determination under subsection (1) shall be paid out of public money without further appropriation than this section.

    Section 11(2): amended (with effect on 1 July 1989), on 26 July 1989, by section 86(1) of the Public Finance Act 1989 (1989 No 44).

12 Persons assigned overseas who are servicemen
  • No person shall cease to be a serviceman (within the meaning of section 2 of the Defence Act 1971) for the purposes of that Act or the Armed Forces Discipline Act 1971 merely because that person is assigned or reassigned overseas under section 6.

    Compare: 1983 No 128 s 19

13 Prerogative of Crown not affected
  • Nothing in this Act extinguishes any power or authority that, if this Act had not been passed, would be exercisable by virtue of the prerogative of the Crown.

    Compare: 1983 No 128 s 25

14 Consequential amendments, repeals, and savings
  • (1) The enactments specified in the Schedule are hereby amended in the manner indicated in that schedule.

    (2) The following enactments are hereby repealed:

    • (a) the Foreign Affairs Act 1983:

    • (b) the Foreign Affairs Amendment Act 1988.

    (3) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that—

    • (a) the repeal, by subsection (2), of the Foreign Affairs Act 1983 does not affect the amendments made by sections 30 and 32(1) of that Act or the effect of the declaration contained in section 25(2) of that Act or the validity of anything validated by section 32(6) of that Act:

    • (b) the repeal, by subsection (2), of the Foreign Affairs Amendment Act 1988 does not affect the amendments made by sections 10 to 12 of that Act.

15 Transitional provisions
  • (1) Every determination made pursuant to section 10D or section 10G or section 10H of the Foreign Affairs Act 1983 and in force immediately before the commencement of this Act shall continue in force as if it had been made under this Act.

    (2) Every person who, at the commencement of this Act, holds any position pursuant to section 10A or section 10C or section 10G of the Foreign Affairs Act 1983 or pursuant to section 14 of the Foreign Affairs Amendment Act 1988 shall continue to hold that position as if that person had been appointed under this Act.

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    (6) [Repealed]

    Section 15(3): repealed, on 1 July 1993, by section 9(5) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 15(4): repealed, on 1 July 1993, by section 9(5) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 15(5): repealed, on 1 July 1993, by section 9(5) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

    Section 15(6): repealed, on 1 July 1993, by section 9(5) of the Foreign Affairs Amendment Act 1993 (1993 No 48).


Schedule
Enactments amended

s 14(1)

Citizenship Act 1977 (1977 No 61)

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

Civil List Act 1979 (1979 No 33)

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

Commonwealth Countries Act 1977 (1977 No 31)

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

Constitution Act 1986 (1986 No 114)

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

Crimes Act 1961 (1961 No 43) (RS Vol 1, p 635)

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

Crimes (Internationally Protected Persons and Hostages) Act 1980 (1980 No 44)

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

Electoral Act 1956 (1956 No 107) (RS Vol 19, p 159)

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

Export Guarantee Act 1964 (1964 No 50) (RS Vol 16, p 129)

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

Films Act 1983 (1983 No 130)

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

Government Superannuation Fund Act 1956 (1956 No 47) (RS Vol 21, p 209)

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

Immigration Act 1987 (1987 No 74)

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

New Zealand Export-Import Corporation Act 1974 (1974 No 2)

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

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

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

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657)

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

State Sector Act 1988 (1988 No 20)

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

Tokelau Amendment Act 1967 (1967 No 38) (Reprinted 1976, Vol 5, p 4498)

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

Tokelau Amendment Act 1974 (1974 No 124) (Reprinted 1976, Vol 5, p 4520)

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


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

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

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


Notes
1 General
  • This is a reprint of the Foreign Affairs Act 1988. 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)