New Zealand Legislation: Acts

8 Exceptions to prohibitions

• Despite section 7(1),—

  • (a) an officer may, in the course of his or her employment or duties, use, develop, produce, otherwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine detection, mine clearance, mine deactivation, or mine destruction:

  • (b) a person may possess an anti-personnel mine until an officer collects, deactivates, or destroys the mine, and a person may make an anti-personnel mine available to an officer for collection, deactivation, or destruction, if, in either case, the person—

    • (i) complies with section 13; and

    • (ii) as soon as practicable after learning that he or she possesses the mine, takes all reasonable steps to ensure the mine will not be exploded before an officer collects, deactivates, or destroys it:

  • (c) an officer may, in the course of his or her employment or duties, seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine, or retain an anti-personnel mine pending the deactivation or destruction of the mine, or transfer an anti-personnel mine for the purposes of deactivating or destroying the mine, or deactivate or destroy an anti-personnel mine:

  • (d) a member of the Armed Forces may, in the course of his or her duties, participate in operations, exercises, or other military activities with armed forces of a State not a party to the Convention that engage in conduct prohibited by section 7(1), if that participation does not amount to active assistance in the prohibited conduct.

  Compare: Anti-Personnel Mines Convention Implementation Act 1997 ch 33 ss 6(3), 7 (Canada)