This order is the Diplomatic Privileges (Customs Co-operation Council) Order 2009.

This order comes into force on 26 November 2009.

In this order Council means, as the context requires,—

• (a) the Customs Co-operation Council established by the Convention Establishing a Customs Co-operation Council signed in Brussels on 15 December 1950; or

• (b) the organ of that Council that is representatives of its members when those representatives are meeting, or exercising any of its functions, in accordance with that Convention.

The Council is an organisation of which the Governments of 2 or more States are members.

The Council has the legal capacities of a body corporate.

(1) The Council has immunity from suit and legal process, except in so far as in any particular case it has expressly waived its immunity.

(2) No waiver of immunity is to be treated as extending to any measure of execution.

The Council has the like inviolability of official premises and archives as is accorded in respect of official premises and archives of a diplomatic mission.

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

The Council is exempt from taxes and rates (other than taxes on the importation of goods), except for taxes and rates that are charges for public utility services.

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

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

The Council has the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside New Zealand), of any reduced rates applicable for the corresponding service in the case of press telegrams.

(1) All representatives of members, being representatives on the Council (as defined in clause 3(b)), or at any conference convened by the Council, and all members of any committee of the Council 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 or economic union, concerned.

(1) The Secretary-General, and each Deputy Secretary-General, of the Council enjoys—

• (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—

• (a) by the Council and in respect of the Secretary-General; or

• (b) by the Secretary-General and in respect of a Deputy Secretary-General.

(1) Officials of the Council (other than the Secretary-General and Deputy Secretaries-General) 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 taxes in respect of salaries and emoluments received by them as officials of the Council:

• (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)(c)—

• (a) does not apply in relation to the importation of furniture and effects by members of staff of the Council who are New Zealand citizens:

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

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

(1) Experts employed on missions on behalf of the Council enjoy in the exercise of their functions (including, without limitation, during time spent on journeys in connection with their missions)—

• (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.

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

The Diplomatic Privileges (Customs Co-operation Council) Order 1963 (SR 1963/69) is revoked.