Diplomatic Privileges (WTO) Amendment Order 2009

2009/333

Crest

Diplomatic Privileges (WTO) Amendment Order 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 27th day of October 2009

Present:
His Excellency the Governor-General in Council

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 (WTO) Amendment Order 2009.

2 Commencement

  • This order comes into force on 26 November 2009.

3 Principal order amended
4 New clause 13 and heading substituted

  • Clause 13 and the heading above clause 13 are revoked and the following clause and heading substituted:

    “Privileges and immunities of representatives of members

    “13 Privileges and immunities of representatives of members

    • “(1) All representatives of members, being representatives on any organ of the WTO or at any conference convened by the WTO, enjoy, in the exercise of their functions and during their journey to and from the places of meeting,—

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

      • “(b) the like inviolability of 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) In this clause, representatives of members—

      • “(a) includes all delegates, alternates, advisers, technical experts, and secretaries, of delegations; but

      • “(b) does not include any representatives of the Government of New Zealand, any member of staff of any such representatives, or any New Zealand citizens.

      “(3) 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 member Government, or the member customs territory or union, concerned.”

Rebecca Kitteridge,
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 26 November 2009 and is not in force in Tokelau, is made under the Diplomatic Privileges and Immunities Act 1968. It amends an order made in 2000 and relating to the World Trade Organisation (the WTO). The amendments—

  • align the wording of clause 13(1) of the 2000 order with that of section 9(2)(b)(i) of that Act; and

  • make it clear that the WTO's membership includes not only Governments, but also customs territories or unions, for example, the European Union (which, for legal reasons, is known officially in WTO business as the European Communities).

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

Date of notification in Gazette: 29 October 2009.

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