Pursuant to section 9 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, and, in respect of clause 11 of this order, at the request and with the consent of the Cabinet of Ministers of Niue, hereby makes the following order.

Order

1 Title and commencement

(1) This order may be cited as the Diplomatic Privileges (Common Fund for Commodities) Order 1983.

(2) This order shall come into force on the 14th day after the date of its notification in the Gazette.

2 Declaration as to organisation

The Common Fund for Commodities (in this order called the Common Fund), established by the Agreement Establishing the Common Fund for Commodities done at Geneva on 27 June 1980, is hereby declared to be an organisation of which the Governments of 2 or more States are members.

Privileges and immunities of the Common Fund

3 Body corporate

The Common Fund shall have the legal capacities of a body corporate.

4 Immunity from suit

Except in so far as in any particular case it has expressly waived its immunity, the Common Fund shall have immunity from suit and legal process.

5 Inviolability of premises and archives

The Common Fund shall have the like inviolability of official premises and official archives as is accorded in respect of official premises and official archives of a diplomatic mission.

6 Immunity of property

The Common Fund shall have immunity in relation to its property and assets from search, requisition, confiscation, expropriation, or any other form of interference.

7 Exemption from taxes and rates

The Common Fund shall have the like exemption from taxes and rates, other than taxes on the importation of goods, as is accorded to the Government of any foreign State.

8 Exemption from taxes on importation of goods

The Common Fund shall have exemption from taxes on the importation of goods directly imported by the Common Fund for its official use in New Zealand or for exportation, or on the importation of any publications of the Common Fund directly imported by it, subject to compliance with such conditions as the Minister of Customs may determine for the protection of the revenue.

9 Exemption from restrictions on importation or exportation of goods for official use

The Common Fund shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Common Fund for its official use and in the case of any publications of the Common Fund directly imported or exported by it, subject to compliance with such conditions as the Minister of Customs may determine for the protection of the public health, the prevention of diseases in plants and animals, and otherwise in the public interest.

Privileges and immunities of staff

10 Privileges and immunities of certain office holders and staff

Except in so far as in any particular case any immunity or privilege is waived by the Common Fund, all governors, executive directors, and their alternates, the managing director, all members of the Consultative Committee, all members of the staff of the Common Fund other than persons in the domestic service of the Common Fund, and all experts employed on missions on behalf of the Common Fund shall be accorded—
- (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 tax in respect of endowments, stipends, or allowances received for services in respect of their duties.

11 Application to Niue

This order shall be in force in Niue.

P G Millen,
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 specifies the immunities and privileges that are conferred on the Common Fund for Commodities established under the auspices of the United Nations Conference on Trade and Development, and on its staff.

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

Date of notification in Gazette: 29 September 1983.

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 (Common Fund for Commodities) Order 1983. The reprint incorporates all the amendments to the order as at 30 September 1983, 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)

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Diplomatic Privileges (Common Fund for Commodities) Order 1983