Diplomatic Privileges (Chemical Weapons Convention Inspectors and Observers) Order 1997

Reprint
as at 18 July 1997

Crest

Diplomatic Privileges (Chemical Weapons Convention Inspectors and Observers) Order 1997

(SR 1997/132)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 14th day of July 1997

Present:
His 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 10A of the Diplomatic Privileges and Immunities Act 1968, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.

Order

1 Title and commencement

  • (1) This order may be cited as the Diplomatic Privileges (Chemical Weapons Convention Inspectors and Observers) Order 1997.

    (2) This order comes into force on 18 July 1997.

2 Interpretation

  • In this order, unless the context otherwise requires,—

    Convention has the meaning given to that term by section 2(1) of the Chemical Weapons (Prohibition) Act 1996

    Director-General means the Director-General of the Technical Secretariat established by the Convention

    inspector, inspection assistant, and observer have the meanings given to those terms in the Verification Annex to the Convention.

Privileges and immunities of inspectors and inspection assistants

3 Privileges and immunities of inspectors and inspection assistants while in New Zealand conducting inspection

  • (1) Inspectors and inspection assistants who are in New Zealand while conducting an inspection enjoy—

    • (a) the like immunity from suit and legal process as is accorded to a diplomatic agent:

    • (b) the like inviolability of residence and official premises as is accorded to a diplomatic agent:

    • (c) the like exemption from dues and taxes as is accorded to a diplomatic agent:

    • (d) the same currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions.

    (2) Inspectors and inspection assistants who are in New Zealand while conducting an inspection are permitted to bring into New Zealand, without payment of any customs duties or related charges, articles for personal use, other than articles the import or export of which is prohibited by law or controlled by quarantine regulations.

4 Privileges and immunities of inspectors and inspection assistants transiting through New Zealand

  • Inspectors and inspection assistants when transiting through New Zealand in the exercise of their official functions other than conducting an inspection in New Zealand enjoy the privileges and immunities enjoyed by diplomatic agents pursuant to Article 40, paragraph 1, of the Vienna Convention on Diplomatic Relations.

5 Privileges and immunities of inspectors and inspection assistants in relation to records, etc

  • While inspectors and inspection assistants are in New Zealand conducting an inspection or are transiting through New Zealand in the exercise of their official functions other than conducting an inspection in New Zealand, the inspectors and inspection assistants enjoy,—

    • (a) in respect of the papers and correspondence, including records, of the inspectors and inspection assistants, the inviolability accorded to all papers and correspondence of diplomatic agents pursuant to Article 30, paragraph 2, of the Vienna Convention on Diplomatic Relations:

    • (b) the inviolability, subject to provisions contained in the Convention, of samples and approved equipment carried by inspectors and inspection assistants, and exemption from all customs duties in relation to those samples and that approved equipment.

Privileges and immunities of observers

6 Privileges and immunities of observers

  • Observers enjoy the same privileges and immunities conferred on inspectors and inspection assistants by this order except those privileges and immunities conferred by clause 5(b).

Privileges and immunities subject to waiver

7 Privileges and immunities subject to waiver

  • The privileges and immunities conferred by this order do not apply in so far as in any particular case any privilege or immunity is expressly waived by the Director-General.

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 applies to inspectors and inspection assistants who are appointed under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction. It also applies to certain persons observing inspections.

The order confers certain privileges and immunities on inspectors, inspection assistants, and observers while they are in New Zealand conducting or observing an inspection, and while they are transiting through New Zealand in the exercise of their official functions.

This order comes into force on 18 July 1997.

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

Date of notification in Gazette: 17 July 1997.

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 (Chemical Weapons Convention Inspectors and Observers) Order 1997. The reprint incorporates all the amendments to the order as at 18 July 1997, 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)