Cluster Munitions Prohibition Act 2009

11 Exceptions to offences in section 10(1)

(1)

Despite section 10(1), an officer does not commit an offence by using, acquiring, possessing, retaining, or transferring an authorised cluster munition if he or she is doing so—

(a)

in the course of his or her employment or duties; and

(b)

for the purposes of developing, or training persons in, techniques of cluster munition detection, clearance, or destruction; and

(c)

in compliance with any notice given under section 15.

(2)

Despite section 10(1), an officer does not commit an offence by seizing, receiving, or acquiring a cluster munition if he or she is doing so—

(a)

in the course of his or her employment or duties; and

(b)

for the purposes of—

(i)

destroying it; or

(ii)

retaining it pending its destruction; or

(iii)

transferring it so that it can be destroyed.

(3)

Despite section 10(1), a person does not commit an offence in the circumstances set out in subsection (4) by—

(a)

possessing a cluster munition until an officer collects it from him or her or destroys it; or

(b)

giving the cluster munition to an officer who is to collect it from him or her or destroy it.

(4)

The circumstances are—

(a)

that the person complies with section 17; and

(b)

that, as soon as practicable after becoming aware that he or she possesses the cluster munition, the person takes all reasonable steps to ensure that it is not used before an officer can collect or destroy it.

(5)

Despite section 10(1), a person does not commit an offence by his, her, or its conduct outside New Zealand in relation to a cluster munition that is—

(a)

for the purposes of—

(i)

destroying it; or

(ii)

enabling another person to destroy it; or

(iii)

rendering it harmless; or

(iv)

enabling another person to render it harmless; and

(b)

in accordance with the Convention.

(6)

A member of the Armed Forces does not commit an offence against section 10(1) merely by engaging, in the course of his or her duties, in operations, exercises, or other military activities with the armed forces of a State that is not a party to the Convention and that has the capability to engage in conduct prohibited by section 10(1).