Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007

Reprint
as at 18 October 2007

Crest

Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007

(SR 2007/317)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 15th day of October 2007

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.

The Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007 is administered by the Ministry of Foreign Affairs and Trade.


Pursuant to section 9 of the Diplomatic Privileges and Immunities Act 1968, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007.

2 Commencement
  • This order comes into force on 15 November 2007.

Secretariat, etc, defined

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

    Agreement means the Agreement Establishing the Pacific Islands Forum Secretariat, done at Tarawa on 30 October 2000

    Secretariat means—

    • (a) the Secretariat established by the Agreement; and

    • (b) any agency in New Zealand of that Secretariat.

Declaration as to Secretariat

4 Secretariat declared to be organisation of which Governments of 2 or more States are members
  • The Secretariat is an organisation of which the Governments of 2 or more States are members.

Body corporate

5 Body corporate
  • The Secretariat has the legal capacities of a body corporate.

Secretariat's privileges and immunities

6 Immunity from suit
  • The Secretariat has immunity from suit and legal process, except in so far as in any particular case it has expressly waived its immunity.

7 Inviolability of premises and archives
  • The Secretariat has the like inviolability of official premises and archives as is accorded in respect of official premises and archives of a diplomatic mission.

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

9 Exemption from taxes and rates
  • The Secretariat is exempt from taxes and rates other than—

    • (a) taxes on the importation of goods; and

    • (b) taxes and rates that are charges for public utility services; and

10 Exemption from taxes on importation of goods for official use
  • (1) The Secretariat is exempt from taxes on the importation of goods directly imported by the Secretariat for its official use in New Zealand or for exportation, or on the importation of any publications of the Secretariat directly imported by it.

    (2) The exemption is subject to compliance with any conditions the Minister of Customs determines for the protection of the revenue.

11 Exemption from restrictions on importation or exportation of goods for official use
  • (1) The Secretariat is exempt from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Secretariat for its official use, and in the case of any publications of the Secretariat directly imported or exported by it.

    (2) The exemption is subject to compliance with any conditions the Minister of Customs determines for the protection of public health, the prevention of diseases in plants and animals, and otherwise in the public interest.

Privileges and immunities of Secretariat staff

12 Secretary General and Deputy Secretaries General
  • (1) The Secretary General, and any Deputy Secretary General, of the Secretariat, enjoy—

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

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

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

    (2) The privileges and immunities conferred by this clause do not apply in so far as in any particular case any privilege or immunity is waived by the Secretariat.

13 Other Secretariat staff
  • (1) All members of the Secretariat staff (other than the Secretary General, and any Deputy Secretary General, of the Secretariat) enjoy—

    • (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 taxes in respect of emoluments received as members of the Secretariat staff for services performed solely for 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.

    (2) The exemption conferred by subclause (1)(b) does not apply to emoluments received for services performed in New Zealand by members of the Secretariat staff who are New Zealand citizens or permanent residents of New Zealand.

    (3) The exemption conferred by subclause (1)(c)—

    • (a) does not apply in relation to the importation of furniture and effects by members of the Secretariat staff who are New Zealand citizens or permanent residents of New Zealand; and

    • (b) is subject to compliance with any conditions the Minister of Customs determines for the protection of the revenue.

    (4) The privileges and immunities conferred by subclause (1) do not apply in so far as in any particular case any immunity or privilege is waived by the Secretary General, or any Deputy Secretary General, of the Secretariat.

Miscellaneous provisions

14 Order not in force in Tokelau
  • This order is not in force in Tokelau.

Diane Morcom,
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, which comes into force on 15 November 2007, is made under the Diplomatic Privileges and Immunities Act 1968 (the Act). This order revokes and replaces the Diplomatic Privileges (South Pacific Forum Secretariat) Order 1996. The South Pacific Forum has been renamed the Pacific Islands Forum. This order, which is not in force in Tokelau,—

  • declares the Pacific Islands Forum Secretariat (the Secretariat) to be an organisation of which the Governments of 2 or more States are members; and

  • provides that the Secretariat has the legal capacities of a body corporate.

This order also confers specified privileges and immunities on—

  • the Secretariat; and

  • the Secretary General, and any Deputy Secretary General, of the Secretariat (and so, because of section 9(2) and Schedule 5 of the Act, on the members of the families forming part of the household of those officers, who are the holders of those high offices in the organisation); and

  • other members of the Secretariat staff.


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

Date of notification in Gazette: 18 October 2007.


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 (Pacific Islands Forum Secretariat) Order 2007. The reprint incorporates all the amendments to the Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007 as at 18 October 2007, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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/legislation/reprints.shtml or Part 8 of the Tables of 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)