Consular Immunities (Niue) Order 1994

Reprint
as at 12 August 1994

Crest

Consular Immunities (Niue) Order 1994

(SR 1994/159)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 8th day of August 1994

Present:
The Right Hon D C McKinnon 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 7 of the Consular Privileges and Immunities Act 1971, 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 Consular Immunities (Niue) Order 1994.

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

2 Interpretation
3 Immunity of Niue Consulate-General in Auckland
  • (1) Any person who—

    • (a) is in the service of the Government of Niue; and

    • (b) being stationed in Auckland for the purpose of his or her official duties, holds the office of Consul-General and Trade Commissioner—

    shall enjoy the same immunity from suit and legal process and the same inviolability of official premises and official archives as are accorded to foreign consular officers by Articles 31 and 33, paragraphs 1 and 2 of Article 41, and Articles 43 and 44 of the Convention, as applied in New Zealand by section 4(1) of the Act.

    (2) Any person who is in the service of the Government of Niue and who, being stationed in Auckland for the purpose of his or her official duties, holds any office specified in the Schedule shall enjoy immunity from jurisdiction in respect of official acts performed in the exercise of functions corresponding to those of a consular officer or consular employee.

4 Revocation
  • The Consular Immunities (Niue) Order 1981 (SR 1981/279) is hereby revoked.


Schedule

cl 3(2)

Administration Officer.

Receptionist.

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 replaces the Consular Immunities (Niue) Order 1981. This order is in similar terms to the 1981 order except that—

  • (a) the reference to the Consular Office Niue is changed to a reference to the Niue Consulate-General; and

  • (b) each reference to the Consular Affairs Officer is changed to a reference to the Consul-General and Trade Commissioner; and

  • (c) a reference to Articles 31 and 33 of the Vienna Convention on Consular Relations has been added to clause 3(1). Article 31 provides for the inviolability of consular premises and Article 33 provides for the inviolability of the consular archives and documents.

This order confers certain consular immunities on the Consul-General and Trade Commissioner and his or her staff representing Niue and stationed in Auckland. Immunity is also conferred in respect of the official premises and archives of the Consul-General and Trade Commissioner.


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

Date of notification in Gazette: 11 August 1994.


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 Consular Immunities (Niue) Order 1994. The reprint incorporates all the amendments to the order as at 12 August 1994, 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)