Diplomatic Privileges (European Bank for Reconstruction and Development) Order 1991

Reprint
as at 16 August 1991

Coat of Arms of New Zealand

Diplomatic Privileges (European Bank for Reconstruction and Development) Order 1991

(SR 1991/148)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 12th day of August 1991

Present:
Her Excellency the Governor-General 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 9 of the Diplomatic Privileges and Immunities Act 1968, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

Order

1 Title and commencement
  • (1) This order may be cited as the Diplomatic Privileges (European Bank for Reconstruction and Development) Order 1991.

    (2) This order shall come into force on the 28th day after the date of its notification in the Gazette.

2 Declaration as to organisation
  • The European Bank for Reconstruction and Development (hereinafter called the Bank), established by the Agreement Establishing the European Bank for Reconstruction and Development made at Paris on 29 May 1990, is hereby declared to be an organisation of which the Governments of 2 or more States are members.

Privileges and immunities of the Bank

3 Body corporate
  • The Bank shall have the legal capacities of a body corporate.

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

5 Inviolability of premises and archives
  • The Bank shall have the same inviolability of official premises and official archives as is accorded in respect of official premises and official archives of a diplomatic mission.

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

7 Exemption from taxes and rates
  • The Bank shall have the same exemption from taxes and rates, other than taxes on the importation of goods, as is accorded to the Government of any foreign State.

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

9 Exemption from restrictions on importation or exportation of goods for official use
  • The Bank shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Bank for its official use and in the case of any publications of the Bank 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.

Privileges and immunities of staff

10 Privileges and immunities of certain office holders and staff
  • Except in so far as in any particular case any immunity or privilege is waived by the Bank, all Governors, Directors, and their alternates, all members of the staff of the Bank (other than persons in the domestic service of the Bank), and all experts employed on missions on behalf of the Bank, 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:

    • (b) exemption from income tax in respect of endowments, stipends, or allowances received for services in respect of their duties.

Marie Shroff,
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 European Bank for Reconstruction and Development and on its staff.


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

Date of notification in Gazette: 15 August 1991.


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 (European Bank for Reconstruction and Development) Order 1991. The reprint incorporates all the amendments to the order as at 16 August 1991, 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)