Diplomatic Privileges and Immunities Act 1968

• Jurisdiction: New Zealand
• Citation: 1968 No 36
• Reference: 1968 No 36
• Record Number: DLM387495
• Act Number: 36
• Type of Document: Act

Contenidos

• Diplomatic Privileges and Immunities Act 1968
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• Part 1
• 3 Interpretation
• 4 Application of this Part
• 5 Diplomatic privileges and immunities
• 6 Immunities of certain members of the staff of a mission who are New Zealand citizens or residents
• 7 Withdrawal of diplomatic privileges and immunities
• Part 2
• 8 Meaning of State
• 9 Privileges, immunities, and capacities of certain international organisations and associated persons
• 9A Privileges, immunities, and capacities of the Commonwealth Secretariat and associated persons
• 9AA Validation of certain Orders in Council
• 9AB Privileges and immunities of members, and of private servants of members, of EC delegations
• 10 Privileges and immunities of Judges of, and suitors to, the International Court of Justice
• 10A Facilitation of international inspectors under disarmament treaties
• 10B Privileges and immunities of Judges, Prosecutor, and staff of International War Crimes Tribunal
• 10C Privileges and immunities of members of International Tribunal for the Law of the Sea
• 10D Privileges and immunities of International Criminal Court and its Judges, Prosecutor, Deputy Prosecutors, and staff
• 10E Privileges and immunities of representatives at Assembly of States Parties or its subsidiary organs
• 11 Privileges and immunities of representatives attending international conferences
• 12 Reciprocal treatment
• Part 3
• 13 Interpretation
• 14 Immunities of foreign consular officers
• 15 Immunities of persons in service of Commonwealth countries
• 16 Consular privileges
• 17 Privileges and immunities of New Zealand citizens and residents
• 18 Withdrawal of consular privileges and immunities
• Part 4
• 19 Power to grant exemption from taxation to other Governments and other representatives in New Zealand
• 20 General provisions as to exemptions
• 21 Refunds or payments in case of exemptions from taxation
• 22 Certificate of Minister
• 23 Saving of legal proceedings
• 24 Regulations
• 25 Application of Act to Niue and Tokelau
• 26 Application of Act to Cook Islands
• 27 Repeals
• Schedules
• 1 The Vienna Convention on Diplomatic Relations
• Convention
• 2 Privileges and immunities of international organisations
• 3 Privileges and immunities of representatives, members of committees, high officers, persons on missions, and certain members of EC delegations
• 4 Privileges and immunities of other officers and servants, members of EC delegations who are service staff, and private servants of members of EC delegations
• 5 Privileges and immunities of official staffs and of families of high officers or of certain members of EC delegations
• 1 General
• 2 Legal status
• 3 Editorial and format changes
• 4 Amendments incorporated in this consolidation

Diplomatic Privileges and Immunities Act 1968

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

Preamble

An Act to consolidate and amend the law relating to diplomatic privileges and immunities, and to give effect to the Vienna Convention on Diplomatic Relations

Contents

1 Short Title and commencement

This Act may be cited as the Diplomatic Privileges and Immunities Act 1968.

This Act shall come into force on 1 January 1969.

2 Interpretation

In this Act, unless the context otherwise requires,—

the Convention means the Vienna Convention on Diplomatic Relations signed in 1961, a copy of the English text of which is set out in Schedule 1

Minister means the Minister of Foreign Affairs and Trade

mission means a diplomatic mission of any State

State means a foreign state or a Commonwealth country; and includes the Cook Islands and Niue

Expressions defined in Article 1 of the Convention have the meanings so defined.

For the purposes of this Act the term State when used in the Convention shall have the meaning assigned to that term by subsection (1).

Section 2: substituted, on 8 March 1985, by section 2(1) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

Section 2(1) Minister: substituted, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Part 1

3 Interpretation

Section 3: repealed, on 8 March 1985, by section 2(3) of the Diplomatic Privileges and Immunities Amendment Act 1985 (1985 No 12).

4 Application of this Part

The provisions of this Part shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in New Zealand immediately before the commencement of this Act.

5 Diplomatic privileges and immunities

Subject to subsection (6), the provisions of Articles 1, 22 to 24, and 27 to 40 of the Convention shall have the force of law in New Zealand.

Without prejudice to the provisions of subsection (1), the Minister, with the concurrence of the Minister of Finance, may from time to time determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to any mission or persons connected with any mission, notwithstanding that the determination may extend treatment more favourable than that required by the provisions of the Convention, and may in like manner determine the terms and conditions on which those...