Diplomatic Privileges (Commonwealth Secretariat) Order 1973

Reprint
as at 9 April 1973

Coat of Arms of New Zealand

Diplomatic Privileges (Commonwealth Secretariat) Order 1973

(SR 1973/99)

Denis Blundell, Governor-General

Order in Council

At the Government Buildings at Wellington this 9th day of April 1973

Present:
The Hon W E Rowling presiding in Council


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 order is administered by the Ministry of Foreign Affairs and Trade.


Pursuant to section 9A of the Diplomatic Privileges and Immunities Act 1968 (as inserted by section 2(1) of the Diplomatic Immunities and Privileges Amendment Act 1971), His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1 Title
  • This order may be cited as the Diplomatic Privileges (Commonwealth Secretariat) Order 1973.

Privileges and immunities of the Commonwealth Secretariat

2 Body corporate
  • The Commonwealth Secretariat shall have the legal capacities of a body corporate.

3 Immunity from suit
  • Except in so far as in any particular case it has expressly waived its immunity, the Commonwealth Secretariat shall have immunity from suit and legal process.

4 Inviolability of premises and archives
  • The Commonwealth Secretariat shall have the like inviolability of official premises and official archives as is accorded in respect of official premises and official archives of a diplomatic mission.

5 Immunity of property
  • The Commonwealth Secretariat shall have immunity in relation to its property and assets from search, requisition, confiscation, expropriation, or any other form of interference.

6 Exemption from taxes and rates
  • The Commonwealth Secretariat shall have the like exemption from taxes and rates, other than taxes on the importation of goods, as is accorded to the Government of any foreign State.

7 Exemption from taxes on importation of goods
  • The Commonwealth Secretariat shall have 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.

Privileges and immunities of high officers

8 Privileges and immunities of high officers
  • Except in so far as in any particular case any immunity or privilege is waived by the Commonwealth Secretariat, the Secretary-General of the Secretariat, the Deputy Secretaries-General and Directors or Assistant Directors shall be accorded the like immunity from suit and legal process, the like inviolability of residence, official premises, and official archives, and the like exemption from taxes and rates, as are accorded to a diplomatic agent.

Privileges and immunities of other staff

9 Privileges and immunities of other staff
  • Except in so far as in any particular case any immunity or privilege is waived by the Commonwealth Secretariat, all members of the staff of the Secretariat (other than those referred to in clause 8) shall be accorded—

    • (a) immunity from suit and legal process in respect of things done or omitted to be done by them in the course of the performance of their official duties:

      provided that such immunity shall not extend to legal actions arising from motor-vehicle accidents or prosecutions arising from violation of traffic law:

    • (b) exemption from income tax in respect of emoluments received as members of the staff of the Secretariat:

    • (c) 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.

Persons employed on missions

10 Persons employed on missions
  • Except in so far as in any particular case any immunity or privilege is waived by the Commonwealth Secretariat, persons employed on missions on behalf of the Secretariat shall be accorded—

    • (a) while performing their missions and during time spent on journeys in connection therewith, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents relating to the work of the Secretariat:

    • (b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions:

    • (c) exemption from income tax in respect of emoluments, stipends, and allowances received for services in respect of their duties:

    • (d) 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.

P G Millen,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order specifies the immunities and privileges that are conferred on the Commonwealth Secretariat and on representatives to and officials of that secretariat.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 April 1973.


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 Diplomatic Privileges (Commonwealth Secretariat) Order 1973. The reprint incorporates all the amendments to the order as at 9 April 1973, 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)