Cultural Property (Protection in Armed Conflict) Act 2012

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Reprint as at 2 July 2013

Cultural Property (Protection in Armed Conflict) Act 2012

Public Act2012 No 118
Date of assent11 December 2012
Commencementsee section 2
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 Act is administered by the Ministry for Culture and Heritage.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Interpretation

4 Meaning of cultural property and enhanced protection property

5 Occupation of territory

6 Act binds the Crown

Part 2
Serious violations of Second Protocol

Offences

7 Serious violation offences

8 Acts ancillary to serious violation offences

9 Jurisdiction in relation to offences outside New Zealand

10 Superior orders

11 Offences by commanders and superiors

Penalties

12 Penalties for Part 2 offences

Extradition

13 Extradition

Part 3
Cultural property removed from occupied territory

Interpretation

14 Interpretation of Part 3

Offences

15 Removal of cultural property from occupied territory

16 Acts ancillary to removal offences

17 Dealing in smuggled property

Penalties

18 Penalties for Part 3 offences

Search, seizure, and forfeiture

19 Liability to forfeiture

20 Application of Customs and Excise Act 1996

21 Police powers of entry and search

22 Application for search warrant

23 Form and content of search warrant

24 Powers exercisable under search warrant

25 Duty to announce entry and search

26 Duty to give documents to occupier

27 Inventory of items seized

28 Deferral of or dispensation from notice obligations

29 Seizure to be treated as seizure under Customs and Excise Act 1996

30 Relationship with other powers

Retention of seized property

31 Retention by Ministry

Compensation

32 Application for compensation

33 Application in event of non-payment

Return

34 Return of cultural property

Part 4
Convention emblem

35 Meaning of Convention emblem

36 Unauthorised use of emblem

37 Exceptions and defences

38 Penalties for Part 4 offences

Part 5
Miscellaneous

Prosecution of offences

39 Attorney-General's consent required for prosecutions

40 Liability of directors and officers of bodies corporate

41 Evidence

Other enactments, etc

42 Relationship with other enactments, etc

Regulations

43 Regulations

Consequential amendments

44 Consequential amendments to sections 12, 18, and 38 [Repealed]

45 Amendment to Extradition Act 1999

46 Amendment to Flags, Emblems, and Names Protection Act 1981

47 Amendment to Mutual Assistance in Criminal Matters Act 1992

Schedule 1
Convention for the Protection of Cultural Property in the Event of Armed Conflict

Schedule 2
Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954

Schedule 3
Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999

Reprint notes

The Parliament of New Zealand enacts as follows: