New Zealand Yearbook of International Law
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New Zealand Yearbook of International Law |
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Mark Gobbi*
This overview documents the activity undertaken by each of the three branches of government to implement New Zealand’s international obligations during the 1999-2002 parliamentary term, which began on 20 December 1999 and ended on 18 June 2002,1 and the additional 2002-2003 yearbook interval, which began on 1 July 2002 and ended on 30 June 2003.2 It shows that all three branches participated extensively in this activity. It suggests that the growth in the importance of international agreements as a source of law in New Zealand may be the reason for the reoccurring interest in giving Parliament a greater role in the treaty-making process.
International agreements have become an important source of law in New Zealand. In 1991, the Legislation Advisory Committee estimated that a quarter of New Zealand’s Acts had implications for its obligations under these agreements.3 In 1996, the Ministry of Justice put the figure at one-third.4 The record of parliamentary, executive, and judicial activity during the 1999-2002 parliamentary term and the 2002-2003 yearbook interval shows that the implementation of New Zealand’s international obligations in domestic law is continuing at pace.
Parliamentary activity with respect to implementing New Zealand’s international obligations has accelerated since the 1960s. Parliament passed five Acts that implemented specified treaties during the 1970s, 13 of these Acts during the 1980s, and 24 during the 1990s.5 The legislative record during the period covered by this account indicates that this activity will continue to increase during the 2000s.
During the 1999-2002 parliamentary term, 55 bills with implications for New Zealand’s international obligations came before the House of Representatives6 (about 20% of the bills).7 Parliament passed 35 of these bills of which five simply amended Acts that had implemented treaties, 14 improved compliance with treaties that had already been implemented, and 16 implemented new treaties. It negated two bills, both of which were member bills. Of the remaining 18 bills, all of which were carried over to the next Parliament,8 seven would simply amend Acts that implemented treaties, five would improve compliance with treaties that have already been implemented (two of these were member bills), and six would implement new treaties.
Five Acts amend, and two bills propose to amend, Acts that involve the implementation of bilateral agreements. The remaining 30 Acts and 16 bills concern multilateral agreements. For the most part, the purpose of this legislation was to put in place or adjust the operational machinery needed for New Zealand to meet its international obligations.
Assuming that this level of activity remains constant over the rest of the decade (i.e., approximately the next three parliamentary terms), the House of Representatives would, during the 2000s, deal with 216 bills that would have implications for New Zealand’s international obligations, of which 88 would involve the implementation of new treaties. If, however, the trend from the 1970s continues through the 2000s (i.e., more or less doubling each decade), the number of bills involving the implementation of new treaties may be closer to 50. In either case, the growth would be significant.
During the 2002-2003 yearbook interval, the House of Representatives enacted 18 bills with implications for New Zealand’s international obligations. Five simply amended Acts that had implemented treaties, 3 improved compliance with treaties that had already been implemented, and 10 implemented new treaties. Fifteen of these Acts involved multilateral treaties, while the remaining three involved bilateral treaties. Six new bills with implications for New Zealand’s international obligations were before the House of Representatives at the end of the 2002-2003 yearbook interval. Three would simply amend Acts that have implemented treaties, one would improve compliance with treaties that have already been implemented, and 2 would implement new treaties. All six bills involved multilateral treaties.
Parliamentarians also examined treaties presented to the House of Representatives in accordance with procedures established in 1998.9 The Executive presents all significant multilateral and bilateral treaties to the House of Representatives, particularly those that require legislation. As a matter of practice, the Executive will not authorise the introduction of legislation that implements a treaty until the House of Representatives has had a chance to examine that treaty.10
As a result of these procedures, the House of Representatives considered 46 select committee reports on treaties during the 1999-2000 parliamentary term, all of which were accompanied by a National Interest Analysis prepared by the Executive. The reports of the relevant select committees are listed in Part II.B. Three of these reports deal with bilateral agreements and 43 deal with multilateral agreements. Thirty-two were produced by the Foreign Affairs, Defence and Trade Committee, six by the Transport and Industrial Relations Committee (one of which was produced by its predecessor, the Transport and Environment Committee), three by the Local Government and Environment Committee (two of which were produced by its predecessor, the Transport and Environment Committee), two by the Social Services Committee, one by the Health Committee, one by the Finance and Expenditure Committee, and one by the Primary Production Committee.
Thirty-eight of these reports gave a positive pro forma response to the treaty being examined, which usually read as follows: “The [X] Committee has conducted an international treaty examination of [Y], and has no matters to bring to the attention of the House”.11 Public submissions did not feature in these reports. Eight reports brought matters to the attention of the House of Representatives, which prompted a Government response in three cases. These concerns did not result in a select committee recommendation that the Government abandon its plans to enact the relevant implementing legislation or abandon its plans to enter into the treaty under consideration, although the minority view argued for the latter course of action in three cases. Public submissions featured in three of these reports.
The House of Representatives considered six select committee reports on treaties during the 2002-2003 yearbook period. Five of these reports gave a positive pro forma response to the treaty examined. One brought matters to the attention of the House of Representatives, but did not prompt a Government response.
Parliament has delegated responsibility to the Executive to make regulations that implement New Zealand’s international obligations in 38 Acts.12 During the 1999-2002 parliamentary term, the Executive made 50 of these regulations.13 Seven give effect to various maritime agreements, seven put in place or enforce various internationally agreed fishing quotas, six give effect to United Nations Security Council resolutions, five adopt international standards that pertain to hazardous substances, four deal with intellectual property, and the remaining 21 cover a diverse set of topics, ranging from child support to trans-Tasman mutual recognition. Eleven of the regulations concern the implementation of bilateral agreements, two implement trilateral agreements, while the remaining 37 implement multilateral agreements.
During the 2002-2003 yearbook interval, the Executive made 9 regulations that implement New Zealand’s international obligations. Three of these regulations concern the implementation of bilateral agreements, while the remaining 6 implement multilateral agreements.
For the most part, the agreements underlying these regulations are technical in nature (eg, fishing quotas, double taxation rules, and minimum energy efficiency performance standards). Parliament has created the applicable statutory framework and given the Executive the task of determining and revising the details necessary to achieve the objectives of that framework. This logic applies to the regulations that give effect to the resolutions of the United Nations Security Council; however, Parliament’s rationale for delegating this responsibility to the Executive under section 2 of the United Nations Act 1946 is different. In these cases, time is of the essence, since prompt and concerted international action is usually necessary for these resolutions to be effective. Accordingly, Parliament has empowered the Executive to take the appropriate action regardless of any existing legislation (i.e., the Executive may make regulations that override legislation that is inconsistent with the required emergency measures).14
During the 1999-2002 parliamentary term, the Executive was involved in 143 treaty actions with respect to 50 multilateral treaties and 49 bilateral treaties. Part II.A of this account lists these treaties and the treaty actions associated with each one (negotiations opened during the term are not included). Of the 50 multilateral treaties, the Executive signed 20, accepted eight, acceded to nine, and ratified 15. Fourteen came into force. Of the 49 bilateral treaties, the Executive signed 39, ratified two, concluded one, and exchanged notes with respect to one. Thirty-three came into force and one expired. A number of the treaties listed gave rise to the legislation summarised in Part III of this account, and a number of these treaties will be the source of legislation enacted during subsequent parliamentary terms.
The Executive also has responsibility for reporting periodically to the United Nations on compliance with the following treaties: the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Cultural Rights 1966, the International Convention on the Elimination of All Forms of Racial Discrimination 1965, the Convention on the Elimination of All Forms of Discrimination Against Women 1979, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984, and the United Nations Convention on the Rights of the Child 1989.15
According to the Ministry of Foreign Affairs and Trade,16 the Executive prepared the following reports during the 1999-2002 parliamentary term: New Zealand’s 3rd Period Report on Torture,17 New Zealand’s 4th Periodic Report under the International Covenant on Civil and Political Rights,18 New Zealand’s 12th-14th Consolidated Periodic Report to the Committee on the Elimination of Racial Discrimination,19 New Zealand’s 5th Report under the Convention of the Elimination of Discrimination Against Women,20 New Zealand’s 2nd Report under the United Nations Convention on the Rights of the Child,21 and New Zealand’s 2nd Periodic Report to the UN Committee on Economic, Social and Cultural Rights.22
The reporting process, and the feedback it engenders from the relevant United Nations bodies, heightens awareness of New Zealand’s international obligations throughout the Executive. This, in turn, informs its policy decisions and legislative proposals. For example, the UnitedCommittee on Economic, Social and Cultural Rights had “expressed the hope that New Zealand would consider the possibility of ratifying the International Labour Organisation’s Freedom of Association and Protection of the Right to Organize Convention, 1948 (No.)”.23 New Zealand has recently reported to the Committee that the passage of the Employment Relations Act 2000 “has an objective of promoting observance in New Zealand of the principles underlying ILONo. 87”.24
During the 2002-2003 yearbook interval, the Executive was involved in 45 treaty actions with respect to 16 multilateral treaties and 18 bilateral treaties. Of the 16 multilateral treaties, the Executive ratified seven, signed two, acceded to one, and withdrew from one. Six came into force. Of the 18 bilateral treaties, the Executive signed six and exchanged notes with respect to 10. Twelve came into force. The Executive does not appear to have prepared any additional reports for the United Nations during this period. However, it presented New Zealand’s 2nd Period Report to the UN Committee on Economic, Social and Cultural Rights in Geneva on 12-13 May 2003, which covered the period mid 1990-1997 (but current issues were a major focus).25
During the 1999-2002 parliamentary term, the judiciary delivered 134 judgments26 that referenced New Zealand’s international obligations.27 They are set out in Part IV, along with the international agreements that they cite.
Thirty-eight of these judgments were reported in the New Zealand Law Reports series; the Privy Council delivered one, the Court of Appeal 24, and the High Court 13. Forty-five were reported in a variety of other series; the Privy Council delivered one, the Court of Appeal three, the High Court 16, the District Court eight, and the Family Court 17. Fifty-one were unreported; the Court of Appeal delivered two, the High Court 41, the Family Court five, the Employment Court one, the Employment Tribunal one, and the Employment Relations Authority one.
Thirty-four of these judgments dealt with custody matters and 33 dealt with immigration matters. Fourteen dealt with criminal procedure, 11 with extradition, seven with contract, six with sentencing, six with civil procedure, five with transport, four with employment, three with customs, three with censorship, two with maintenance orders, one with protection orders, one with bankruptcy, one with taxation, one with defamation, one with fraud, and one with resource management.
The 134 judgments refer to 38 different international agreements, one set of international regulations, and one international handbook. Two of the cases refer to unnamed international obligations. Thirty-six refer to more than one international agreement. The 38 NZLR cases have 54 references to international obligations. The 45 cases reported in other series have 60 references. The 51 unreported cases have 66 references. In total, the 134 judgments have 181 references.
The most frequently cited international agreements are the International Covenant on Civil and Political Rights 1966 (39 references),28 the United Nations Convention on the Rights of the Child 1989 (32 references), the Hague Convention on the Civil Aspects of International Child Abduction 1980 (24 references), and the United Nations Convention Relating to the Status of Refugees 1951 (12 references). Two other international agreements are referenced in six cases, one other is referenced in five cases, four others are referenced in three cases, three others in three cases, and eight others in two cases. Nineteen are referenced once.
During the 2002-2003 yearbook interval, the judiciary delivered 34 judgments that referenced New Zealand’s international obligations. Eleven of these judgments were reported in the New Zealand Law Reports series; the Court of Appeal delivered four and the High Court seven. Seven were reported in other series; the Court of Appeal delivered two, the High Court two and the Family Court three. Sixteen were unreported; the Court of Appeal delivered three, the High Court 11, and the Family Court two.
Twelve of these judgments dealt with custody matters and six dealt with criminal procedure matters. Four dealt with immigration, three with extradition, three with censorship, two with intellectual property, two with civil procedure, and one with paternity. The 34 judgments refer to 12 different international agreements, one set of guidelines, and one set of rules. Three refer to more than one international agreement. In total, the 34 judgments have 41 references.
In these cases, the most frequently cited international agreements are the United Nations Convention on the Rights of the Child 1989 (10 references), the Hague Convention on the Civil Aspects of International Child Abduction 1980 (nine references), and the International Covenant on Civil and Political Rights 1966 (seven references). One other international agreement is referenced in three cases and another two are referenced in two cases. Nineteen others are referenced once.
All three branches of the government participated extensively in the implementation of New Zealand’s international obligations during the period covered by this account. This activity, which has been growing since the 1960s, has made international agreements an important source of law in New Zealand. This development may explain the reoccurring interest in giving Parliament a greater role in the treaty-making process.29
This Part sets out the treaty actions taken by the Executive during the period covered by this account. It also sets out the reports on treaties that the Executive has tabled in Parliament during this period. Each category is divided into two sections, the first listing those actions taken, or reports made, during the 1999-2002 parliamentary term and the second listing those actions taken, or reports made, during the 2002-2003 yearbook interval.
Amendments to Articles 3(5) and 9(8) of the Constitution of the Asia-Pacific Telecommunity (acceded 10 April; entered into force 16 March 2000).
Cartagena Protocol on Biosafety to the Convention on Biological Diversity (signed 24 May 2000).
Amendment to Article 7 of the Constitution of the World Health Organization (accepted 16 June 2000).
Amendment to Article 74 of the Constitution of the World Health Organization (accepted 16 June 2000).
Amendment to Article 43(2) of the Convention on the Rights of the Child (accepted 16 June 2000).
Amendments to Articles 24 and 25 of the Constitution of the World Health Organization (accepted 16 June 2000).
Protocol of Amendment to the Convention on the Simplification and Harmonisation of Customs Procedures (as amended) and Annexes thereto (general and specific) (acceded 1 July 2000).
Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (With Annexes) (signed at Honolulu 5 September 2000).
Final Act of Multilateral High-Level Conference on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (signed at Honolulu 5 September 2000).
International Convention for the Suppression of the Financing of Terrorism (signed at New York 7 September 2000).
Optional Protocol to the Convention on the Elimination of all Forms of Discrimination Against Women (signed at New York 7 September 2000).
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (signed at New York 7 September 2000).
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (signed at New York 7 September 2000).
Convention on the Conservation of Migratory Species of Wild Animals (acceded 7 July 2000; entered into force 1 October 2000).
Rome Statute of the International Criminal Court (signed at Rome on 7 October 1998; ratified 7 September 2000).
Amendments to the Convention on the International Maritime Organization (accepted 9 October 2000).
Amendments to the Convention on the International Maritime Organization, (Institutionalization of the Facilitation Committee) (accepted 9 October 2000).
UN Convention to Combat Serious Desertification in those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (acceded 7 September 2000; entered into force 6 December 2000).
United Nations Convention Against Transnational Organized Crime (signed at Palermo 14 December 2000).
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (signed at Palermo 14 December 2000).
Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Transnational Organized Crime (signed at Palermo 14 December 2000).
Agreement Between the Kingdom of Denmark, the Kingdom of Norway, the Kingdom of Sweden and New Zealand on the Cooperation between Scandinavian Countries Regarding Scandinavian Airlines System (signed at Wellington 7 February 2001; entered into force 7 February 2001).
Protocol relating to an amendment to the Convention on International Civil Aviation (Final Clause, Arabic Text) (ratified 7 March 2001).
Protocol relating to an amendment to the Convention on International Civil Aviation (Final Clause, Chinese Text) (ratified 7 March 2001).
Agreement for the Implementation of the Provisions on the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; (ratified 7 March 2001).
Stockholm Convention on Persistent Organic Pollutants (signed at Stockholm 23 May 2001).
Worst Forms of Child Labour Convention (ratified 8 June 2001).
Beijing Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal, 16 September 1987) (ratified 18 June 2001).
Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (ratified 25 June 2001).
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) (signed at Montreal 13 July 2001).
Convention to ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes Within the South Pacific Region (Waigani Convention) (signed at Port Moresby 16 September 1995; ratified 30 November 2000; entered into force 21 October 2001).
Agreement on the Conservation of Albatrosses and Petrels (signed at Canberra 19 June 2001; ratified 1 November 2001).
International Convention on Suppression of Terrorist Bombings (acceded 4 November 2001).
Labour Statistics Convention, 1985 (ILO 160) (ratified 6 November 2001).
Universal Postal Convention Final Protocol (ratified 9 November 2001).
Sixth Additional Protocol to the Constitution of the Universal Postal Union (ratified 9 November 2001).
Pacific Agreement on Closer Economic Relations (signed at Nauru 18 August 2001; ratified 21 November 2001).
Convention Abolishing the Requirement off Legalisation for Foreign Public Documents (acceded 7 February 2001; entered into force 22 November 2001).
Agreement on Mutual Acceptance of Oenological Practices, with Annex (signed at Toronto 18 December 2001).
Multilateral Agreement on the Liberalization of International Air Transportation (signed at Washington 1 May 2001; entered into force 21 December 2001).
Protocol to the Multilateral Agreement on the Liberalization of International Air Transportation (signed at Washington 1 May 2001; entered into force 21 December 2001).
Final Acts of the Plenipotentiary Conference of the International Telecommunication Union: Instruments Amending the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) as Amended by the Plenipotentiary Conference (Kyoto, 1994) (ratified 18 January 2002).
Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be used on Wheeled Vehicles (acceded 27 November 2001; entered into force 26 January 2002).
Agreement Concerning the Adoption of Uniform Conditions of Approval and Reciprocal Recognition of Approval for Motor Vehicle Equipment and Parts (acceded 27 November 2001; entered into force 26 January 2002).
Statute of the Hague Conference on Private International Law (acceded 5 February 2002; entered into force 5 February 2002).
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (signed at New York on 7 September 2000; entered into force 12 February 2002).
Agreement Establishing the Pacific Islands Forum Secretariat (accepted 9 October 2000; signed at Tarawa on 30 October 2000; ratified 18 February 2002).
1988 Protocol to the International Convention on Load Lines, 1966 (acceded 13 December 2000; entered into force 6 March 2002).
Regulation Nos. 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 16, 17, 19, 21 22, 23, 25, 26, 30, 31, 36, 37, 43, 46, 52, 54, 64, 66, 75, 87, 94, 98, 108, and 109 of the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, Geneva 1958 (acceded 18 January 2002; entered into force 19 March 2002).
Rome Statute of the International Criminal Court; (entered into force 1 July 2002).
United Nations Convention Against Trans-national Organized Crime (ratified 19 July 2002).
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans-national Organized Crime (ratified 19 July 2002).
Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Trans-national Organized Crime (ratified 19 July 2002).
Pacific Agreement on Closer Economic Relations (entered into force 3 October 2002).
International Convention on Salvage (acceded 16 October 2002).
Agreement on the Privileges and Immunities of the International Criminal Court (signed [location unstated] 22 October 2002).
Amendments to the Convention on the International Maritime Organisation Relating to the Function of the Assembly (entered into force 7 November 2002).
Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) (ratified 18 November 2002).
Amendment to Article 43, Paragraph 2 of the Convention on the Rights of the Child; (entered into force 18 November 2002).
International Convention for the Suppression of the Financing of Terrorism (ratified on 4 November 2002. Entered into force 4 December 2002).
International Convention for the Suppression of Terrorist Bombings (acceded 4 November 2002; entered into force 4 December 2002).
Kyoto Protocol to the United Nations Framework Convention on Climate Change (ratified on 19 December 2002).
International Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea (notification of withdrawal 20 May 2003).
Right to Organise and Collective Bargaining Convention (ILO 98) (ratified 9 June 2003).
World Health Organization Framework Convention on Tobacco Control (signed at Geneva 16 June 2003).
Air Services Agreement between the Government of New Zealand and the Government of the Cook Islands (signed at Rarotonga 6 January 2000; entered into force 6 January 2000).
Air Services Agreement between the Government of the United Mexican States and the Government of New Zealand (signed at Mexico City 14 May 1999; entered into force 10 January 2000).
Air Services Agreement between the Government of New Zealand and the Government of Ireland (signed at Dublin 20 May 1999; entered into force 10 January 2000).
Agreement Between the Government of New Zealand and the Government of the Italian Republic Concerning the Co-production of Films (signed at Rome 30 July 1997; ratified 22 December 1997; entered into force 15 February 2000).
Agreement on Mutual Recognition in Relation to Conformity Assessment, Certificates and Markings, between the Government of New Zealand and the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway (signed at Brussels 29 April 1999; entered into force 1 March 2000).
Treaty between the Government of New Zealand and the Republic of Korea on Mutual Legal Assistance in Criminal Matters (signed at Wellington 15 September 1999; entered into force on 30 March 2000).
Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the French Republic (signed at Paris 2 June 1999; ratified 16 February 2000; entered into force 6 April 2000).
Air Services Agreement between the Government of New Zealand and the Government of the Independent State of Samoa (signed at Apia 14 April 2000; entered into force 14 April 2000).
Agreement between the Government of New Zealand and the Government of Australia Concerning the Transfer of Uranium (signed at Canberra 14 September 1999; entered into force 1 May 2000).
Exchange of Letters Constituting an Agreement between the Government of New Zealand and the Government of the Republic of the Fiji Islands on Arrangements for the visit by New Zealand Defence Force Contingents to the Republic of the Fiji Islands for Exercises Veilutaki 00, Blue Sabre 00, and Tropic Dusk 00 (signed at Suva 16 May 2000; entered into force 16 May 2000).
Exchange of Notes between the Government of New Zealand and the Government of Indonesia Constituting an Agreement Amending the Air Transport Agreement of 27 May 1988 (concluded 22 May 2000; entered into force 22 May 2000) (with retroactive effect from 20 September 1999)
Agreement between the Government of New Zealand and the Government of Solomon Islands Relating to the Deployment of New Zealand Forces to Solomon Islands (signed at Honiara 9 June 2000; entered into force 9 June 2000).
Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (signed at The Hague 30 June 2000).
Agreement between the Government of New Zealand and the Government of Australia on Child and Spousal Maintenance (signed at Canberra 12 April 2000; entered into force 1 July 2000).
Exchange of Letters between the Government of New Zealand and the Government of the Kingdom of Tonga Amending the Agreement Concerning Air Services (26 February 1980) (signed at Nuku’alofa 6 July 2000; entered into force 13 July 2000).
Agreement between the Government of New Zealand and the Government of Solomon Islands Relating to the Deployment of New Zealand Forces to Solomon Islands (signed at Honiara 9 November 2000; entered into force 10 November 2000).
Agreement between the Government of New Zealand and the Government of the Solomon Islands relating to the Deployment of New Zealand Personnel to the Solomon Islands for the International Peace Monitoring Team (entered into force 10 November 2000).
Letter of Assist Between the Government of New Zealand and the United Nations for the Provision of Long Term Aviation/Air Transportation Services involving State Aircraft (signed at New York 21 December 2000; entered into force 21 December 2000).
Agreement Between New Zealand and Singapore on a Closer Economic Partnership; (signed at Singapore 14 November 2002; entered into force 1 January 2001).
Air Services Agreement Between New Zealand and the Kingdom of Sweden (signed at Wellington 7 February 2001; entered into force 7 February 2001).
Air Services Agreement Between New Zealand and the Kingdom of Norway (signed at Wellington 7 February 2001; entered into force 7 February 2001).
Air Services Agreement Between New Zealand and the Kingdom of Denmark (signed at Wellington 7 February 2001; entered into force 7 February 2001).
UNTAET Contingent Owned Equipment Memorandum of Understanding (New Zealand - UNTAET Infantry Contingent) ( signed at New York 27 April 2001; entered into force retrospectively from 21 February 2000).
UNTAET Contingent Owned Equipment Memorandum of Understanding (New Zealand - UNTAET Aviation Unit) (signed at New York 27 April 2001; entered into force retrospectively from 21 February 2000).
UNTAET Contingent Owned Equipment Memorandum of Understanding (New Zealand Level II Hospital) (signed at New York 27 April 2001; entered into force retrospectively from 21 February 2000).
UNTAET Contingent Owned Equipment Memorandum of Understanding (New Zealand Sector West HQ Support Unit) (signed at New York 27 April 2001; entered into force retrospectively from 21 February 2000).
Exchange of Letters Constituting an Agreement Between the Government of New Zealand and the Government of Vanuatu on Arrangements for the Visit by a New Zealand Defence Force Contingent to Vanuatu for Exercise Tropic Twilight 01 (signed at Port Vila 6 June 2001; entered into force 6 June 2001).
Letter of Assist New Zealand/UNTAET Assist/2001-52 (UNO) for UNTAET: Provision of Professional Services of Civilian Medical Personnel (signed at New York 30 August 2001; entered into force retroactively 6 June 2001).
Letter of Assist New Zealand/UNTAET Assist/2001-130: Provision of Helicopter Support for UNTAET – 12 February 2001 to 28 February 2002 (and Amendment) (signed at New York 30 August 2001; entered into force retroactively 8 February 2001).
Agreement between the Government of New Zealand and the Government of the Italian Republic Concerning Air Services (signed at Rome 12 September 2001).
Agreement between the Government of New Zealand and the Government of the Federative Republic of Brazil on the performance of remunerated activity by Dependants of Personnel of Diplomatic, Consular, Administrative, Military and Technical Staff (signed at Wellington 25 October 2001).
Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Oriental Republic of Uruguay (signed at Montevideo 16 November 2001).
Agreement between the Government of New Zealand and the Government of the Federative Republic of Brazil on the Partial Abolition of Visa Requirements (signed at Brasilia 20 November 2001).
Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Argentine Republic (signed at Buenos Aires 22 November 2001).
Agreement between the Government of New Zealand and the Government of the Russian Federation for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (with Protocol) (signed at Wellington 5 September 2000; ratified 10 December 2001).
Convention between the Government of New Zealand and the Kingdom of the Netherlands for Mutual Assistance in the Recovery of Tax Claims (signed at Wellington 20 December 2001).
Second Protocol Amending the Convention between the Government of New Zealand and the Kingdom of the Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, with Protocol, signed at The Hague 15 October 1980 (signed at Wellington 20 December 2001).
Agreement between the Government of New Zealand and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (signed at Pretoria 6 February 2002).
Air Services Agreement between the Government of New Zealand and the Government of the Kingdom of Tonga (signed at Nuku’alofa 12 February 2002; entered into force 12 February 2002).
Exchange of Notes Amending the Agreement on Social Security between the Government of Australia and the Government of New Zealand (third person notes Canberra 21 February 2002).
Protocol Amending the Convention between the Government of New Zealand and the Government of the Republic of the Philippines for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (signed at Wellington 21 February 2002).
Air Transport Agreement between the Government of New Zealand and the Austrian Federal Government (signed at Vienna 14 March 2002).
Agreement between the Government of New Zealand and the Government of the United States of America for the Promotion of Aviation Safety (signed at Washington 26 March 2002).
Treaty on Extradition between New Zealand and the Republic of Korea (signed at Seoul 15 May 2001; entered into force 27 April 2002).
Air Transport Agreement between the Government of New Zealand and the Kingdom of Spain (signed at Madrid 6 May 2002).
Exchange of Letters Constituting and Agreement between the Government of New Zealand and the Government of Samoa on Arrangements for a Visit by a New Zealand Defence Force Contingent to Samoa for Tunex Astra 02 (signed at Apia 15 May 2002; entered into force 19 May 2002; expired 29 May 2002).
Exchange of Letters Amending the Agreement between the Government of New Zealand and the Government of Australia Establishing a System for the Development of Joint Food Standards (signed at Canberra/Wellington 25 October 2001; entered into force 1 July 2002).
Agreement on Social Security Between the Government of New Zealand and the Government of Australia (signed at Canberra 28 March 2001; entered into force 1 July 2002).
Agreement between the Government of New Zealand and the Government of the United Kingdom concerning Trials under Pitcairn Law in New Zealand and Related Matters (signed 11 October 2002).
Agreement on Social Security between the Government of New Zealand and the Government of Australia (third person note 1 July 2002; entered into force on 1 July 2002).
Exchange of Letters Amending the Agreement between the Government of New Zealand and the Government of Australia Establishing a System for the Development of Joint Food Standards (concluded by third person note 1 July 2002; entered into force on 1 July 2002).
Exchange of Notes Amending the Agreement on Social Security between the Government of Australia and the Government of New Zealand (entered into force on 1 July 2002).
Letter of Assist: New Zealand/UNTAET Assist/2001-91 in Support of UNTAET; (entered into force 12 July 2002).
Agreement between the Government of New Zealand and the Government of Australia Relating to Air Services (signed at Auckland 8 August 2002).
Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Argentine Republic (third person note [undated]; entered into force 2 September 2002).
Exchange of Notes to Amend the Agreement between the Government of New Zealand and the Government of Japan Relating to Air Services (third person note 9 October 2002; entered into force 9 October 2002).
Agreement between the Government of New Zealand and the Government of the United Kingdom Concerning Trials under Pitcairn Law in New Zealand and Related Matters (signed [location unstated] 11 October 2002).
Exchange of Letters Constituting an Agreement between the Government of New Zealand and the Government of the Solomon Islands Concerning the Status of New Zealand Police Personnel in the Solomon Islands (third person note 24 October 2002; entered into force 24 October 2002).
Air Transport Agreement between the Government of New Zealand and the Austrian Federal Government (third person note 20 September 2002; entered into force on 1 November 2002).
Exchange of Letters Constituting the Mutual Determination referred to in Paragraph 3 of Annex E of the Agreement between the Government of New Zealand and the Government of Australia Concerning a Joint Food Standards System (third person note on 19 December 2002; entered into force 20 December 2002).
Agreement between New Zealand and the European Community on Sanitary Measures Applicable to Trade in Live Animals and Animal Products with Associated Exchanges of Letters (third person note 24 January 2003; entered into force on 1 February 2003).
Protocol to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (signed at Wellington on 10 March 2003).
Agreement between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Trials under Pitcairn Law in New Zealand and Related Matters; signed at Wellington on 11 October 2002 (third person note 14 March 2003; entered into force on 14 March 2003).
Agreement between the Kingdom of Belgium and the Government of New Zealand on the Employment of Dependants of Diplomatic and Consular Staff (signed at Brussels on 23 April 2003).
Agreement between the Kingdom of Belgium and the Government of New Zealand on a Working Holiday Scheme (signed at Brussels on 23 April 2003).
Agreement between the Government of New Zealand and the Government of the Kingdom of Belgium on Air Transport (and Annex) (third person note 7 April 2003; entered into force 1 May 2003).
Agreement between the Government of New Zealand and the Government of the French Republic Concerning the Delimitation of Maritime Boundaries between Wallis and Futuna and Tokelau (signed at Atafu 30 June 2003).
Report on International Treaty Examination of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matters, 1972 (London Convention); Transport and Environment Committee (presented 30 June 1999).
Report on International Treaty Examination of the Amendments to Article 7, Article 74, Article 24 and Article 25 of the Constitution of the World Health Organisation; Health Committee (presented 8 September 1999).
Report on International Treaty Examination into Amendment to Article 43(2) of the Convention on the Rights of the Child; Social Services Committee (presented 9 September 1999).
Report on International Treaty Examination into the Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions; Finance and Expenditure Committee (presented 9 September 1999).
Report on International Treaty Examination of the Convention on the Conservation of Migratory Species of Wild Animals; Transport and Environment Committee (presented 13 September 1999).
Report on International Treaty Examination of Protocols relating to the Convention on Civil Aviation; Transport and Environment Committee (presented 13 September 1999).
Report on International Treaty Examination of Amendment to the Convention of the International Maritime Organisation (adopted on 7 November 1991 by resolution A 724 (17) of the Assembly of the Organisation), and the Amendments to Articles 16, 17, and 19 of the Convention on the International Maritime Organisation (adopted on 4 November 1993 by resolution A 735 (18) of the Assembly of the Organisation); Foreign Affairs, Defence and Trade Committee (presented 11 February 2000).
Report on International Treaty Examination of the Amendments to the Treaty on Fisheries between the Government of Certain Pacific Island States and the Government of the United States; Primary Production Committee (presented 31 March 2000).
Report on International Treaty Examination of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol; Foreign Affairs, Defence and Trade Committee (presented 5 May 2000).
Report on International Treaty Examination of the 1988 Protocol relating to the International Convention for Safety of Life at Sea and the 1988 Protocol relating to the International Convention on Load Lines; Transport and Industrial Relations Committee (presented 25 May 2000).
Report on International Treaty Examination of the Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; Social Services Committee (presented 31 May 2000).
Report on International Treaty Examination of the International Convention on Salvage 1989, Foreign Affairs; Defence and Trade (presented 16 June 2000).
Report on International Treaty Examination of the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures; Foreign Affairs, Defence, and Trade Committee (presented 16 June 2000).
Report on International Treaty Examination of the Protocol of Amendment to the United Nations Convention to Combat Desertification in those Countries Experiencing Drought and/or Desertification, particularly in Africa (CCD); Foreign Affairs, Defence and Trade Committee (presented 4 August 2000).
Report on International Treaty Examination of the Convention to Ban the Importation into Forum Island Countries (FICs) of Hazardous and Radioactive Wastes and to Control the Transboundary Movement of Hazardous Wastes within the South Pacific Region, 1995 (the Waigani Convention); Transport and Industrial Relations Committee (presented 21 September 2000).
Report on International Treaty Examination of the Convention for the Suppression of Terrorist Bombing; Foreign Affairs, Defence and Trade Committee (presented 1 December 2000).
Report on International Treaty Examination of the Convention for the Suppression of the Financing of Terrorism; Foreign Affairs, Defence and Trade Committee (presented 1 December 2000).
Report on International Treaty Examination of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer; Local Government and Environment Committee (presented 25 January 2001).
Report on International Treaty Examination of the Hague Conference on Private International Law; Foreign Affairs, Defence and Trade Committee (presented 15 June 2001).
Report on International Treaty Examination of the Labour Statistics Convention; Foreign Affairs, Defence and Trade Committee (presented 29 June 2001).
Report on International Treaty Examination of the Agreement on Social Security between the Government of New Zealand and the Government of Australia; Foreign Affairs, Defence and Trade Committee (presented 3 August 2001) [bilateral agreement].
Report on International Treaty Examination of the ILO Convention 63 Concerning Statistics of Wages and Hours of Work, 1938; Foreign Affairs, Defence and Trade Committee (presented 3 August 2001).
Report on International Treaty Examination of the Amendments to the Acts of the Universal Postal Union (UPU) comprising the UPU Constitution and the UPU Convention (adopted by the UPU Assembly on 15 September 1999 at its Beijing Congress); Foreign Affairs, Defence and Trade Committee (presented 17 August 2001).
Report on International Treaty Examination of the Agreement Concerning the Adoption of the Uniform Technical Prescriptions for Wheeled Vehicles, Equipment, and Parts which can be Fitted and /or be used on Wheeled Vehicles and Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, done at Geneva on 20 March 1958 and most recently on 16 October 1995 (‘the 1958 Agreement’); Foreign Affairs, Defence and Trade Committee (presented 17 August 2001) [combined with following report].
Report on International Treaty Examination of the Agreement Concerning the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment, and Parts which can be Fitted and/or used on Wheeled Vehicles, done at Geneva on 25 June 1998 (‘the 1998 Agreement’); Foreign Affairs, Defence and Trade Committee (presented 17 August 2001) [combined with preceding report].
Report on International Treaty Examination of the Agreement on the Conversation of Albatrosses and Petrels; Foreign Affairs, Defence and Trade Committee (10 September 2001).
Report on International Treaty Examination of the Pacific Agreement on Closer Economic Relations (PACER); Foreign Affairs, Defence and Trade Committee (presented 5 October 2001).
Report on International Treaty Examination of the United Nations Convention on the Rights of the Child Optional Protocol on the Involvement of Children in Armed Conflict; Foreign Affairs, Defence and Trade Committee (presented 18 October 2001).
Report on International Treaty Examination of the Agreement Establishing the Pacific Islands Secretariat; Foreign Affairs, Defence and Trade (presented 19 October 2001).
Report on International Treaty Examination of the Final Acts of the International Telecommunications Union Plenipotentiary Conference (1998); Foreign Affairs, Defence and Trade Committee (presented 16 November 2001).
Report on International Treaty Examination of the Multilateral Agreement on the Liberalization of International Air Transportation and the Protocol to the Multilateral Agreement on the Liberalization of International Air Transportation; Transport and Industrial Relations Committee (presented 10 December 2001).
Report on International Treaty Examination of the Amendments to the Agreement Relating to the International Telecommunications Satellite Organisation; Foreign Affairs, Defence and Trade Committee (presented 14 December 2001).
Report on International Treaty Examination of the Stockholm Convention on Persistent Organic Pollutants; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002).
Report on International Treaty Examination of the Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002).
Report on International Treaty Examination of the Convention on Marking of Plastic Explosives for the Purpose of Identification; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002).
Report on International Treaty Examination of the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002).
Report on International Treaty Examination of the Convention on the Physical Protection of Nuclear Material; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002).
Report on International Treaty Examination of the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries; Foreign Affairs, Defence and Trade Committee (presented 17 May 2002).
Report on International Treaty Examination of the Agreement on the Privileges and Immunities of the International Court; Foreign Affairs, Defence and Trade Committee (presented 31 October 2002).
Report on International Treaty Examination of the Amendments to the Annex to the International Convention for the Safety of Life at Sea 1974; Foreign Affairs, Defence and Trade Committee (presented 16 May 2003).
Report on International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the French Republic Concerning the Delimitation of the Maritime Boundaries between Wallis and Futuna and Tokelau; Foreign Affairs, Defence and Trade Committee (presented 13 June 2003).
Report on International Treaty Examination of the Optional Protocol to the Vienna Convention on Consular Relations, Concerning Acquisition of Nationality, 1963; Foreign Affairs, Defence and Trade Committee (presented 13 June 2003).
Report on International Treaty Examination of the Optional Protocol to the Vienna Convention on Diplomatic Relations, Concerning Acquisition of Nationality, 1961; Foreign Affairs, Defence and Trade Committee (presented 13 June 2003).
Report on International Treaty Examination of the Statute of Rome of the International Criminal Court; Foreign Affairs, Defence and Trade Committee (5 May 2000):
Matters Raised
First, the Statute only applies to nationals of parties to the Statute, which means that those accused of committing crimes as defined by the Statute may be able to evade the Court’s jurisdiction until ratification is widespread. Second, the definition of “nationality” in the Statute may allow those with dual- or multiple-nationality to escape the Court’s jurisdiction, although this may be offset by jurisdiction established on the basis of the place of the crime. Third, ratifying the Statute would require creating domestic offences that would be extra-territorial in application, which would be an unusual, although not unprecedented, step.
Report on International Treaty Examination of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention 1999); Transport and Industrial Relations (presented 25 May 2000):
Matters Raised
The treaty has implications for the Cook Islands, Niue, and Tokelau (which are not articulated in the report or the attached National Interest Analysis).
Report on International Treaty Examination of the Amendments to the International Maritime Satellite Organisation Convention and Operation Agreement; Transport and Industrial Relations Committee (presented 1 June 2000):
Matters Raised
The Government should assure itself that Global Maritime Distress and Safety Service will not be a victim of the corporatisation of the International Maritime Satellite Organisation for as long as the Safety Service remains essential to its users in the New Zealand and Pacific region.
Government Response
The Government has assured itself that the Safety Service will be maintained under the new structure.
Report on International Treaty Examination of the 1907 Hague Convention for the Pacific Settlement of International Disputes; Foreign Affairs, Defence and Trade Committee (presented 30 June 2000):
Matters Raised
A Convention drafted in 1907 may not be adequate to cope with the types of international conflict occurring nearly a hundred years later. If New Zealand becomes a party to the Convention, the Government should encourage the Permanent Court of Arbitration (PCA) to review and revise its instruments, where possible, to make the PCA more pertinent to modern conflict and dispute.
Government Response
After ratifying the Convention, and through New Zealand’s participation in the PCA Administrative Council, the Government proposes to explore with others, including the PCA Secretariat, the effectiveness of the PCA’s instruments and machinery in contemporary dispute settlement, with a view, where possible and appropriate, to making the PCA more pertinent to modern conflict and dispute.
Report on International Treaty Examination of the Closer Economic Partnership Agreement with Singapore; Foreign Affairs, Defence and Trade Committee (presented 19 October 2000) [bilateral agreement; public submissions; minority of Committee opposed New Zealand’s entry into the Agreement (Greens)]:
Matters Raised
First, the public submissions expressed arguments for and against the Agreement (which the report summarises). Second, the public submissions suggested improvements to the procedure for examining treaties (longer period for public submissions, more substantive analysis in the National Interest Analysis, consultation during the treaty negotiation stage, and changing the Standing Orders to catch more bilateral agreements).
Report on International Treaty Examination of the United Nations Convention Against Transnational Organised Crime; the Protocol to Prevent, Suppress and Punish Trafficking of Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime; and the Protocol Against the Smuggling of Migrants by Land, Sea, and Air, Supplementing the United Nations Convention Against Transnational Organised Crime; Foreign Affairs, Defence and Trade Committee (presented 22 February 2002):
Matters Raised
There is an apparent conundrum of an overlap of offences in the Immigration Act 1987 and the proposed changes to the Crimes Act 1961, which the Government should address in the anticipated Transnational Organised Crime Bill.
Government Response
The Government has taken the Committee’s recommendation into account in the drafting of the offences in the Transnational Organised Crime Bill.
Report on International Treaty Examination of the Amendments to the Agreement between the Government of Australia and the Government of New Zealand Establishing a System for the Development of Joint Food Standards; Foreign Affairs, Defence and Trade Committee (5 May 2002) [bilateral agreement; public submissions; minority of Committee opposed several of the proposed amendments (Greens)]:
Matters Raised
First, several public submissions expressed concerns about the amendments to the Agreement, which the report countered. Second, the majority of the Committee made the following recommendations:
the Minister of Health should remain the lead minister who has responsibility for food safety; and
the Minister of Health should ensure that the three New Zealand nominees for the board are selected in a way that preserves a balance of expertise on the board; and
the Government should take steps to promote greater awareness of the Agreement, the effects of the amendments, and the relationship between Australia and New Zealand regarding the setting of joint food standards as provided for in the Agreement and the amendments to it, and advise the Committee of the progress made in this regard.
Report on International Treaty Examination of the Kyoto Protocol to the United Nations Framework Convention on Climate Change; Foreign Affairs, Defence and Trade Committee (presented 16 May 2002) [public submissions; minority of Committee opposed New Zealand’s early entry into the Protocol (National)]:30
Matters Raised
First, the public submissions expressed arguments for and against the Protocol (which the report summarises). Second, the majority of the Committee supported early ratification of the Protocol.
Report on International Treaty Examination of the International Labour Organisation Convention 98 Concerning the Application of the Principles of the Right to Organise and to Bargain Collectively; Foreign Affairs, Defence and Trade Committee (presented 28 March 2003):
Matters Raised
The Labour, Progressive, and Green members of the committee support ratification of the Convention because existing New Zealand law, policy, and practice are consistent with it. The Employment Contracts Act 2000 has an objective to promote observance in New Zealand of the principles underlining the Convention. The National, United Future and New Zealand First members do not support ratification of the Convention because it would reinforce the principles of the Employment Contract Act 2000, which gives unions a monopoly with respect to collective bargaining and constrains the rights and freedoms of individual workers.
This Part sets out the legislation dealt with during the period covered by this account. It is divided into three sections, the first listing those Acts were enacted, the second listing those Bills that were considered, and the regulations that were made.
Acts of Parliament relating to New Zealand’s international obligations are identified as either: (1) Acts that simply amend legislation that has implemented treaties; (2) Acts that are aimed at improving compliance with treaties that have already been implemented; and (3) Acts implementing new treaty obligations. Each category is divided into two sections, the first listing those Acts enacted during the 1999-2002 parliamentary term and the second listing those Acts enacted during the 2002-2003 yearbook interval.
Antarctic Marine Living Resources Amendment Act 2001:
This Act amends the Antarctic Marine Living Resources Act 1981, which implements the Convention on the Conservation of Antarctic Marine Living Resources 1980. The amendments increase the penalties for certain offences relating to illegal fishing in Antarctic waters.
Armed Forces Discipline Amendment Act 2001:
This Act amends the Armed Forces Discipline Act 1971, which, among other things, concerns the prosecution of New Zealand troops in the courts of treaty countries (i.e., countries with which New Zealand has entered into agreements to provide troops).
Driftnet Prohibition Amendment Act 2000:
The Act amends s 29 of the Driftnet Prohibition Act 1991, which implemented the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 1989. The amendment relates to the admissibility of certificates and documents in offence proceedings. It omits references to the Royal New Zealand Naval Hydrographer and substitute references to the chief executive of Land Information New Zealand, who has taken over the role of the Naval Hydrographer.
Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002:32
The Act amends the Hazardous Substance and New Organisms Act 1996, which, among other things, contains a provision (s 6) that require Ministers or officials, in exercising certain functions, power, and duties, to take into account New Zealand's international obligations (the provision does not limit subject matter, which means that all of New Zealand's obligations are relevant). The Act restricts, for a period of 2 years, the consideration and approval by the Environmental Risk Management Authority of applications to release genetically modified organisms into the environment.
Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Amendment Act 2000:
The Act amends s 31 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977, which provides a means to implement “any convention that is adopted by the Third United Nations Conference on the Law of the Sea”. The amendment relates to the admissibility of certificates and documents in offence proceedings. It omits references to the Royal New Zealand Naval Hydrographer and substitute references to the chief executive of Land Information New Zealand, who has taken over the role of the Naval Hydrographer.
Antarctic Marine Living Resources Amendment Act 2002 (introduced in clause 11 of the Statutes Amendment Bill (No 2)):
The Antarctic Marine Living Resources Amendment Act 2002 amends the Antarctic Marine Living Resources Act 1981, which implements the Convention on the Conservation of Antarctic Marine Living Resources 1980. The amendment refined the definition of New Zealand national to align it with the definition of New Zealand national in the Fisheries Act 1996.
Bail Amendment Act 2002 (introduced in clauses 13 to 18 of the Statutes Amendment Bill (No 2)):
The Bail Amendment Act 2002 amends the Bail Act 2000, which made a series of consequential amendments to the Extradition Act 1999, which governs the execution of bilateral extradition agreements.
Extradition Amendment Act 2002 (introduced in clauses 37 to 51 of the Statutes Amendment Bill (No 2)):
The Extradition Amendment Act amends the Extradition Act 1999, which governs the execution of bilateral extradition agreements.
International Crimes and International Court Amendment Act 2002 (introduced in clauses 70 to 73 of the Statutes Amendment Bill (No 2)):
The International Crimes and International Court Amendment Act 2002 amends the International Crimes and International Criminal Court Act 2000, which implement the Statute of Rome (the international agreement that set up the International Criminal Court).
Radiocommunications Amendment Act 2002 (introduced in clauses 92 to 96 of the Statutes Amendment Bill (No 2)):
The Radiocommunications Amendment Act 2002 amends the Radiocommunications Act 1989, which implements parts of the Convention on International Civil Aviation 1944, the International Convention for the Safety of Life at Sea 1974, and Radio Regulations annexed to the International Telecommunications Convention 1982.
Arbitration (International Investment Disputes) Amendment Act 2000:
This Act repeals sections 3 to 10 of the Arbitration (International Investment Disputes) Act 1979, and substitutes several new sections, which inter alia give Articles 18 and 20 to 24 and chapters II to VII of the Convention on the Settlement of Investment Disputes between States and Nationals the force of law in New Zealand 1965.
Bail Act 2000:
This Act makes a series of consequential amendments to the Extradition Act 1999, which governs the execution of bilateral extradition agreements.
Child Support Amendment Act 2001:
This Act amends the Child Support Act 1991, which contains a provision that allows the Governor-General to give effect to arrangements specified in any agreement with the Government of any country or territory outside New Zealand for reciprocity in respect of matters relating to child support or spousal maintenance, notwithstanding anything the Act or any other Act (s 215(1)). The Act increases the minimum and maximum rates of child support, and exempts certain persons from paying child support if they meet certain income criteria, while reinforcing the principle that all parents, even those on low income, should make a contribution to the support of their children.
Civil Aviation (Medical Certification) Amendment Act 2001:
The Act reforms the system of issuing medical certificates that are required to exercise privileges under certain aviation documents, which has implications for New Zealand’s obligations under the Convention on Civil Aviation 1944.
Crimes (Criminal Appeals) Amendment Act 2001:
The Act amends the Crimes Act 1961 to ensure that its criminal appeal provisions are consistent with New Zealand's obligations under Article 14(5) of the International Convention on Civil and Political Rights, which provides that a person convicted of an offence has the right to appeal to a higher court. Before the amendments, the criminal appeal provisions in several other jurisdictions had been challenged before the United Nations Human Rights Commission, which concluded that those provisions breached Article 14(5). The amendments ensure that New Zealand's appeal system accommodates these conclusions.
Employment Relations Act 2000:
This Act replaced the Employment Contracts Act 1991. Among other things, the object of the Act is to promote observance in New Zealand of the principles underlying the International Labour Organisation Convention 87 on Freedom of Association 1948 and the Convention 98 on the Right to Organise and Bargain Collectively 1949.
Fisheries Amendment Act 2001:
This Act amends the Fisheries Act 1996, which implements the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1982. Among other things, the amendments change some rules pertaining to high seas fishing, and alter s 113C(3)(d) of the principal Act, which provides that the Secretary of Foreign Affairs and Trade may sign a certificate stating that a specified state is, or is not, a signatory to the Fish Stocks Agreement or to the FAO Compliance Agreement. The reference to the FAO Compliance Agreement is being dropped because states cannot be a signatory to that document.
Fisheries (Remedial Issues) Amendment Act 2001:
The Act amends the Fisheries Act 1996, which implements the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1982. The Act bring portions of the principal Act into effect, alters the existing quota management system, and changes some rules pertaining to high seas fishing.
Human Rights Amendment Act 2001:
The Act amends the Human Rights Act 1993, whose long title states that it is an Act to “provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights”. The Act makes amendments to the anti-discrimination standard for Government activities and the associated publicly funded complaints process by incorporating the anti-discrimination standard of the New Zealand Bill of Rights Act 1990 into the Human Rights Act 1993. The New Zealand Bill of Rights Act 1990 affirms New Zealand's commitment to the International Covenant on Civil and Political Rights 1966.
Legal Services Act 2000:
This Act restructures and modernises the administration of legal aid. It aims to ensure that New Zealanders have access to legal services irrespective of income or wealth, which is consistent with constitutional principle, international obligations, the Criminal Justice Act 1985, and the New Zealand Bill of Rights Act 1990 (which affirms the International Covenant on Civil and Political Rights 1966).
Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002:
The Act amends the Parental Leave and Employment Protection Act 1987 to give effect to Government policy to introduce a Government-funded entitlement to up to 12 weeks paid parental leave for women entitled to take leave under the Act. New Zealand currently has reservations, in relation to obligations to provide paid maternity leave, against the United Nations Convention on the Elimination of Discrimination Against Women and the United Nations Convention on Economic, Social and Cultural Rights. The Act improves compliance with these obligations, but does not meet them entirely.
Radiocommunications Amendment Act 2000:
This Act amends the Radiocommunications Act 1989, which implemented parts of the Convention on International Civil Aviation 1944, the International Convention for the Safety of Life at Sea 1974, and Radio Regulations annexed to the International Telecommunication Convention 1982. It enhances the long established global frequency framework of the International Telecommunications Union by removing the 20-year restriction on the duration of spectrum access rights (allowing management rights and spectrum licences to be created for any defined period), allowing for disputes arising from interference caused by authorised transmissions to be resolved in accordance with the Arbitration Act 1996, providing flexibility in the technical description of spectrum access rights and administrative radio licences, and strengthening the technical certification framework by integrating the registers of administrative radio licences and spectrum access rights and providing improved public access.
Social Security Amendment Act 2000:
The Act amends the Social Security Act 1964 to comply with the Human Rights Act 1993, which implements various human rights conventions. It also amends other enactments that concern New Zealand’s international obligations, particularly the Child Support Act 1991, the Income Tax Act 1994, the Social Security (Reciprocal Obligations: Exemptions and Deferrals) Regulations 1998, and the Social Security (Reciprocal Obligations: Exemptions and Deferrals) Regulations 1998.
Social Welfare (Transitional Provisions) Amendment Act 2000:
This Act allows social security agreements entered into by New Zealand with other countries to include mutual assistance provisions for the recovery of the social security debts of either country. The power is required in the first instance to revise the social security agreement between New Zealand and the Netherlands, as the law of the Netherlands now requires all of the Netherlands' social security agreements to contain these terms. Other countries are expected to enter into similar agreements.
Civil Aviation Amendment Act 2002:
The Civil Aviation Amendment Act 2002 amends Part 9A of the Civil Aviation Act 1990 by incorporating provisions implementing the Montreal Convention 1999, which provides for a new international regime governing civil liability for injury, damage, or delay during international carriage by air (revising the previous international regime that the Act had implemented).
Prostitution Reform Act 2003 (member's bill):
The Prostitution Reform Act 2003 decriminalises prostitution. It includes measures to protect children under 18 from sexual exploitation or sexual abuse in the context of prostitution (which is consistent with the rights recognised in the United Nations Convention on the Rights of the Child 1989, which New Zealand has ratified).
Trade Marks Act 2002:
The Trade Marks Act 2002 replaces the Trade Marks Act 1953, which, without so saying, gave effect to the intellectual property provisions of the General Agreement on Trade and Tariffs 1994, which refers to various treaties dealing with different aspects of intellectual property law, including trademarks. Section 200 of the Bill provides for the making of Orders in Council relating to convention countries.
Civil Aviation Amendment Act 2002:
The Act enables New Zealand to ratify the Convention for the Unification of Certain Rules for International Carriage by Air 1999 (the Montreal Convention), which is a consolidation and refinement of the treaty law concerning air carrier liability.
The Act brings New Zealand legislation into full compliance with ILO Convention 182 Concerning the Worst Forms of Child Labour, which the New Zealand Government plans to ratify. The Act prohibits the use, by a client, of a child under 18 for prostitution. It also prohibits the procurement of a child under 18 for prostitution (which is consistent with the rights recognised in the United Nations Convention on the Rights of the Child 1989, which New Zealand has ratified). In addition, it prohibits debt-bondage and serfdom involving children under the 18.
Crimes (Bribery of Foreign Public Officials) Amendment Act 2001:
The Act was originally introduced as part of the Crimes Amendment Bill (No 6), which is still before the House. The Act amends the Crimes Act 1961 to enable New Zealand to ratify the OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions 1997.
Customs and Excise Amendment Act 2001:
This Act amends the Customs and Excise Act 1996 to achieve compliance with the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (the Kyoto Convention), which seeks to establish best practices and procedures for Customs administration throughout the world.
Dairy Industry Amendment Act 2000:
This Act creates a system of official assurances to meet the requirements of the European Union that the issuing of EU Inward Monitoring Agreement Certificates for country-specific butter and cheese quotas be undertaken by a government agency. The Ministry of Agriculture and Forestry will carry out this function.
Defence Amendment Act 2001:
This Act amends the Defence Act 1990, which allows the Governor-General to raise and maintain armed forces for the contribution of forces under collective security treaties, agreements, or arrangements, or for the contribution of forces to the United Nations. The amendments raises the minimum age requirement for enlisting in the armed forces, which brings New Zealand law into line with Article 1 of the United Nations Convention on the Rights of the Child and the Optional Protocol on the Involvement of Children in Armed Conflict.
Fisheries Amendment Act (No. 2) 2000:
This Act amends the Fisheries Act 1996, which implemented the Agreement for the Implementation of the Provisions of the United Nations Convention on the Sea relating to the Conversation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks 1982. The amendments will enable New Zealand to ratify the United Nations Fish Stocks Agreement 1995. Under the 1982 United Nations Convention on the Law of the Sea states have a duty to introduce measures in relation to their respective nationals to conserve the living resources of the high seas. However, the lack of a proper international framework has hindered the co-operation between states that is required to implement effective conservation measures. The Agreement is intended to address this problem.
International Crimes and International Criminal Court Act 2000:
This Act implements the Rome Statute of the International Criminal Court 1998.
New Zealand/Singapore Closer Economic Partnership Act 2001:
The New Zealand Government has approved the signature of the Agreement between New Zealand and Singapore on a Closer Economic Partnership (CEP Agreement). The Act sets forth the legislative amendments required to give effect to New Zealand's obligations under the CEP Agreement, particularly to the Dumping and Countervailing Duties Act 1988, the Engineers Registration Act 1924, and the Tariff Act 1988.
Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002:
This Act amends the Social Welfare (Transitional Provisions—Overseas Pensions) Act 1990, which contains a provision that allows the Governor-General to give effect to any agreement or Convention with the government of another country providing for reciprocity in respect of matters relating to social security monetary benefits (s 19(1)). The Act also amends the Customs and Excise Act 1996 and the Privacy Act 1993. The amendments give effect to the new Social Security Agreement with Australia.
Climate Change Response Act 2002:
The Climate Change Response Act 2002 put in place provisions to implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change 1997.
Electronic Transactions Act 2002:
The Electronic Transactions Act 2002 closely follows both the Model Law on International Trade Law issued by the United Nations Commission on International Trade Law (UNCITRAL) in 1996, and the Australian Electronic Transaction Act 1999 (Commonwealth). It facilitates the use of electronic technology so as to allow New Zealanders to derive the full benefits of this, particularly in the areas of business and government, and to facilitate the delivery of better government services to citizens through e-government.
Pitcairn Trials Act 2002:
The Pitcairn Trials Act 2002 implements New Zealand’s obligations under the Agreement between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Trials under Pitcairn Law in New Zealand and Related Matters dated 11 October 2002.
Terrorism Suppression Act 2002:33
The Terrorism Suppression Act 2002 implements in New Zealand law obligations in—
the International Convention for the Suppression of Terrorists Bombings 1997; and
the International Convention for the Suppression of the Financing of Terrorism 1999; and
United Nations Security Council Resolution 1373 (2001).
Transnational Organised Crime Bill (amends 6 separate Acts):
This Bill contained provisions implementing the United Nations Convention against Transnational Organised Crime 2000 and its Protocols on the Smuggling of Migrants and Trafficking of Persons, which New Zealand signed in December 2000. This Bill was introduced as a single enactment, but was split into to 6 separate amendment Bills that were passed separately. The amending Acts either deal with people smuggling and trafficking or with activities that may contribute to people smuggling or trafficking (eg, passport fraud). They derive, in part, from the United Nations Convention against Transnational Organised Crime (2000) and 2 protocols to it (i.e., the Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children (2000) and the Protocol Against the Smuggling of Migrants by Land, Sea and Air (2000). The 6 amendment Acts amended the Crimes Act 1961, the Extradition Act 1999, the Immigration Act 1987, the Mutual Assistance in Criminal Matters Act 1992, the Passports Act 1992, and the Proceeds of Crime Act 1991.
Bills relating to New Zealand’s international obligations are identified as either: (1) proposed legislation that would amend exiting legislation which has implemented treaties; (2) proposed legislation that is aimed at improving compliance with treaties that have already been implemented; (3) proposed legislation to implement new treaty obligations; and (4) proposed legislation that failed to pass through the House. Each category is divided into two sections, the first listing those Acts enacted during the 1999-2002 parliamentary term and the second listing those Acts enacted during the 2002-2003 yearbook interval.
Crimes Amendment Bill (No. 6):
Among other things, the Bill modifies the provisions in the Crimes Act 1961 pertaining to money laundering. At present, s 257A of the Act requires the person to know or believe that the property is the proceeds of a serious offence. The replacement provision, new s 305Y, will also apply if the person is reckless as to whether or not the property is the proceeds of a serious crime.
Statutes Amendment Bill (No 2) (amends 5 relevant Acts, among other Acts):
Clause 11 of the Bill amends the Antarctic Marine Living Resources Act 1981, which implements the Convention on the Conservation of Antarctic Marine Living Resources 1980. The amendment refines the definition of New Zealand national to align it with the definition of New Zealand national in the Fisheries Act 1996.
Clauses 13 to 18 of the Bill amend the Bail Act 2000, which made a series of consequential amendments to the Extradition Act 1999, which governs the execution of bilateral extradition agreements.
Clauses 37 to 51 of the Bill amend the Extradition Act 1999, which governs the execution of bilateral extradition agreements.
Clauses 70 to 73 of the Bill amend the International Crimes and International Criminal Court Act 2000, which implements the Statute of Rome (the international agreement that set up the International Criminal Court).
Clauses 92 to 96 of the Bill amend the Radiocommunications Act 1989, which implements parts of the Convention on International Civil Aviation 1944, the International Convention for the Safety of Life at Sea 1974, and Radio Regulations annexed to the International Telecommunications Convention 1982.
Biosecurity Amendment Bill (No 2) (originally introduced as Part 5 of New Organisms and Other Matters Bill):
The Bill amends the Biosecurity Act 1993, which, among other things, contains 2 provisions (ss 22, 57) that require Ministers or officials, in exercising certain functions, power, and duties, to “have regard to” or “take into account” New Zealand's international obligations (these provisions do not limit subject matter, which means that all of its obligations are relevant).
Copyright (Parallel Importation of Films and Onus of Proof) Amendment Bill:
This Bill amends the Copyright Act 1994, which implements the intellectual property provisions regarding copyright in the General Agreement on Trade and Tariffs 1994.
Films, Videos, and Publications Classification (Meaning of Objectionable) Amendment Bill (member’s bill):
This Bill amends the Films, Videos, and Publications Classification Act 1993, which sets out exceptions to the freedom of expression provided under the New Zealand Bill of Rights Act 1990 (which affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights 1966).
Commissioner for Children Bill:
This Bill gives the Commissioner for Children additional statutory functions and explicit statutory powers to give better effect to the United Nations Convention on the Rights of the Child in New Zealand. The Bill re-enacts the Commissioner's functions under the Children, Young Persons, and Their Families Act 1989 with modifications that are consistent with the Commissioner's primary role as an advocate for children, particularly in terms of the application of the Convention.
Intellectual Disability (Compulsory Care) Bill:
This Bill sets out the limits that may be imposed on the freedoms of people who have an intellectual disability and who are in need of compulsory care. The Crown Law Office advised the Attorney-General that, although the issues were finely balanced, the coercive powers in the Bill, as introduced, did not contravene the New Zealand Bill of Rights Act 1990. However, the Human Rights Commissioner suggested that there might be Bill of Rights issues relating to the inclusion of non-offenders. As a result, the select committee excluded non-offenders from the Bill to remove the issue.
Trade Marks Bill:
This Bill replaces the Trade Marks Act 1953, which, without so saying, gave effect to the intellectual property provisions of the GATT, which refers to various treaties dealing with different aspects of intellectual property law, including trademarks. Section 200 of the Bill provides for the making of Orders in Council relating to convention countries.
Foreign Fishing Crew Wages and Repatriation Bond Bill (member's bill):
The purpose of the Bill is to create a fund so that financial assistance can be provided to members of foreign crews stranded in New Zealand ports. It requires the operator or notified user of a fishing vessel to pay a bond to cover any foreign fishing crew working on that company's vessels or to hold valid insurance sufficient to meet that person's obligations to pay the bond. The aim is to reduce the Crown's cost of supporting and repatriating foreign fishing crews.
Prostitution Reform Bill (member's bill):
The Bill is intended to decriminalise prostitution. It includes measures to protect children under 18 from sexual exploitation or sexual abuse in the context of prostitution (which is consistent with the rights recognised in the United Nations Convention on the Rights of the Child 1989, which New Zealand has ratified).
Care of Children Bill:
This Bill reforms and replaces the Guardianship Act 1968, including the Guardianship Amendment Act 1991, which implemented the Hague Convention on the Civil Aspects on International Child Abduction 1980, and aspects of the International Covenant on Civil and Political Rights 1966 and the International Covenant on Economic, Social, and Cultural Rights 1966.
Climate Change Response Bill:
This Bill is one of two proposed bills that implement the Kyoto Protocol to the United Nations Framework Convention on Climate Change 1997. Instructions for the second bill are yet to be issued.
Electronic Transactions Bill:
This Bill closely follows both the Model Law on International Trade Law issued by the United Nations Commission on International Trade Law (UNCITRAL) in 1996, and the Australian Electronic Transaction Act 1999 (Commonwealth). It seeks to facilitate the use of electronic technology so as to allow New Zealanders to derive the full benefits of this, particularly in the areas of business and government, and to facilitate the delivery of better government services to citizens through e-government.
Hazardous Substances and New Organisms (Stockholm Convention) Amendment Bill:
The Bill amends the Hazardous Substances and New Organisms Act 1996 to give effect to the requirements of the Stockholm Convention on Persistent Organic Pollutants (2001). The Bill provides for the absolute prohibition on the manufacture, import, or use of the persistent organic pollutants listed in Annexes A and B of the Convention. It also contains an Order in Council mechanism for adding further substances.
Imports and Exports (Restrictions) Amendment Bill:
This Bill amends the Import Control Act 1988 (the Bill changes the name of this Act to the Import and Exports (Restrictions) Act 1988). The purpose of the Bill is to enable New Zealand to give better effect to its “international obligations” to restrict the exportation of certain goods, which are embodied in the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade 1998, the Stockholm Convention on Persistent Organic Pollutants 2001, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 1989, and the Waigani Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region 1995, including their annexes and any amendments to, or substitution of, their text that is or will become binding on New Zealand, and any other international obligation that is or becomes binding on New Zealand and that provides for the restriction on, or the prohibition, the exportation of certain chemicals, products, organisms, wastes, or other substances that pose a risk to human health or to the environment.
Marine Reserves Bill:
This Bill helps to implement the New Zealand Biodiversity Strategy, which was developed in part to fulfill New Zealand’s commitments under the International Convention on Biological Diversity. One of the priority actions of the Strategy was to review the Marine Reserves Act 1971 to better provide for the protection of marine diversity. The Bill is a result of that review. It repeals the Marine Reserves Act 1971.
Counter-Terrorism Bill:
The Terrorism Suppression Act 2002 comprised a range of measures required to meet New Zealand's obligations at international law,
specifically in relation to the International Convention on the Suppression of Terrorist Bombing 1997, the International Convention on the Suppression of the Financing of Terrorism 1999, and Resolution 1373 adopted by the United Nations Security Council on 28 September 2001 following the 11 September 2001 attacks on the United States. This Bill contains supplementary powers in the form of new terrorism-related offences and penalties, and a range of investigative measures designed to combat terrorism and address miscellaneous problems encountered by agencies in the investigation and enforcement of offences. The Bill implements the requirements of the Convention on the Physical Protection of Nuclear Material and the Convention on the Marking of Plastic Explosives for the Purpose of Detection 1991 by providing for—
offences involving the use and movement of unmarked plastic explosives
offences involving the physical protection of nuclear material
extra-territorial jurisdiction, extradition, and mutual assistance requirements in respect of those offences.
Diplomatic Privileges and Immunities Amendment Bill:
This Bill makes certain amendments to the Diplomatic Privileges and Immunities Act 1968 that are needed to implement the Agreement on the Privileges and Immunities of the International Criminal Court. New Zealand signed the Agreement in October 2002 and the passing of this Bill means New Zealand will be able to ratify the Agreement. New Zealand is party to the Rome Statute of the International Criminal Court. Under the Rome Statute, a permanent court has been established in The Hague with jurisdiction over genocide, crimes against humanity, and war crimes. Over the last few years, the Preparatory Commission for the Establishment of the International Criminal Court has been working on various subsidiary documents, including the Agreement. Although the Agreement, which was adopted in September 2002, gives effect to obligations in the Rome Statute, it is a separate instrument and, therefore, requires treaty action in its own right. The Agreement sets out in detail the privileges and immunities that the International Criminal Court, its Judges, and others associated with the court enjoy while in the territory of a State Party on ICC business. It also covers persons attending meetings of the Assembly of States Parties to the Rome Statute or its subsidiary organs.
Films, Videos, and Publications Classification (Prohibition of Child Pornography) Amendment Bill (Member's bill):
The Bill intended, in the light of the Court of Appeal’s decision in Moonen v Film and Literature Board of Review,34 to ensure that child pornography will constitute an exception to the freedom of expression provided under the New Zealand Bill of Rights Act 1990 (which affirms New Zealand's commitment to the International Covenant on Civil and Political Rights 1966).
New Zealand Nuclear Free Zone Extension Bill (member's bill):
The Bill intended to extend the 12-mile limit in the Nuclear Free Zone, Disarmament and Arms Control Act 1987 to 200 miles.
None.
This section sets out the regulations made during the period covered by this account. It is divided into two sections, the first listing those regulations made during the 1999-2002 parliamentary term and the second listing those regulations made during the 2002-2003 yearbook interval.
Child Support (Reciprocal Agreement with Australia) Order 2000:
Section 215(1) of the Child Support Act 1991 provides for the making of orders that give effect to arrangements specified in an agreement with the Government of a country or territory outside New Zealand for reciprocity in respect of matters relating to child support or spousal maintenance, or to any alteration to any such agreement, including regulations that amend the Act to ensure consistency with the agreement. The Child Support (Reciprocal Agreement with Australia) Order 2002 gives effect in New Zealand to the agreement made on 12 April 2000 between the Government of New Zealand and the Government of Australia on child and spousal maintenance, the text of which is set out in the schedule to the order). It also modifies some provisions of the Child Support Act 1991 for the purpose of giving effect to the agreement.
Copyright (Application to Other Countries) Amendment Order 2000:
The Copyright Act 1994 implements the intellectual property provisions regarding copyright in the General Agreement on Trade and Tariffs (1994). Section 232 of the Act provides for the making of orders that specify those countries to which the provisions of the Act (other than Part 9) apply. The Copyright (Application to Other Countries) Amendment Order 2002 amends the Copyright (Application to Other Countries) Order 1995 by replacing the previous list of specified countries with a new one.
Customs Export Prohibition (Toothfish) Order 2000:
The Customs Export Prohibition (Toothfish) Order 2000, which is made under section 56 of the Customs and Excise Act 1996, prohibits the exportation of 2 species of toothfish, unless it is covered by a completed catch document (and, if New Zealand is not the country of landing, by a completed re-export document) issued in accordance with Conservation Measure 170/XVIII. The Commission for the Conservation of Antarctic Marine Living Resources adopted the Measure in November 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Customs Import Prohibition (Toothfish) Order 2000:
Customs Import Prohibition (Toothfish) Order 2000, which is made under section 54 of the Customs and Excise Act 1996, prohibits the importation of 2 species of toothfish, unless it is covered by a completed catch document issued in accordance with Conservation Measure 170/XVIII. The Commission for the Conservation of Antarctic Marine Living Resources adopted the Measure in November 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Diplomatic Immunities (Niue) Order 2001:
The Diplomatic Privileges and Immunities Act 1968 implements the Vienna Convention on Diplomatic Relations (1961). Section 5 of the Act provides for the making of orders that confer diplomatic immunity on certain persons from specified countries or organisations. The Diplomatic Immunities (Niue) Order 2001 confers this immunity on certain persons representing Niue.
Double Taxation Relief (Russian Federation) Order 2001:
Section BH 1 of the Income Tax Act 1994 provides for the making of orders that give a convention or agreement negotiated in accordance with subs (1)(a) and (b) of s BH effect in relation to income tax and unpaid tax notwithstanding anything in that Act or in any other enactment. The Double Taxation Relief (Russian Federation) Order 2001 gives effect to the Agreement between the Government of New Zealand and the Government of the Russian Federation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2000).
Energy Efficiency (Energy Using Products) Regulations 2002:
The Energy Efficiency (Energy Using Products) Regulations 2002, which are made under s 36(1) of the Energy Efficiency and Conservation Act 2000, introduce minimum energy performance standards, for items in various product classes, that were agreed between New Zealand and Australia.
Extradition (Republic of Korea) Order 2002:
The Extradition Act 1999 gives effect to extradition treaties that are specified in orders made under the Act. The Extradition (Republic of Korea) Order 2002 gives effect to the extradition treaty between New Zealand and the Republic of Korea (2001), which is set out in the schedule to the order.
Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000:
Section 297(1)(o) of the Fisheries Act 1986 provides for the making of regulations to give effect to any international agreement to which New Zealand is a signatory or a party (ostensibly with respect to fisheries). The Fisheries (South Rise Orange Roughy Fishery) Regulations 2000 give effect to the Arrangement Between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise.
Fisheries (Southern Bluefin Tuna Quota) Amendment Regulations 2001:
Section 297(1)(o) of the Fisheries Act 1986 provides for the making of regulations to give effect to any international agreement to which New Zealand is a signatory or a party (ostensibly with respect to fisheries). The Fisheries (Southern Bluefin Tuna Quota) Amendment Regulations 2001 amend the Fisheries (Southern Bluefin Tuna Quota) Regulations 2000, which give effect to the Convention for the Conservation of Southern Bluefin Tuna to which New Zealand, Australia, and Japan are parties.
Fisheries (Southern Bluefin Tuna Quota) Regulations 2000:
Section 297(1)(o) of the Fisheries Act 1986 provides for the making of regulations to give effect to any international agreement to which New Zealand is a signatory or a party (ostensibly with respect to fisheries). The Fisheries (Southern Bluefin Tuna Quota) Regulations 2000 give effect to the Convention for the Conservation of Southern Bluefin Tuna to which New Zealand, Australia, and Japan are parties.
Fisheries (Toothfish Catch Documentation Scheme) Amendment Regulations 2001:
Section 297(1)(o) of the Fisheries Act 1986 provides for the making of regulations to give effect to any international agreement to which New Zealand is a signatory or a party (ostensibly with respect to fisheries). The Fisheries (Toothfish Catch Documentation Scheme) Amendment Regulations 2001 amend the Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000, which give effect to the Conservation Measure 170/XVIII adopted by the Commission for the Conservation of Antarctic Marine Living Resources, in accordance with Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000:
Section 297(1)(o) of the Fisheries Act 1986 provides for the making of regulations to give effect to any international agreement to which New Zealand is a signatory or a party (ostensibly with respect to fisheries). The Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000 give effect to the Conservation Measure 170/XVIII adopted by the Commission for the Conservation of Antarctic Marine Living Resources, in accordance with Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001:
The Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001, which are made under ss 75 and 76 of the Hazardous Substances and New Organisms Act 1996, prescribe controls for class 1, 2, 3, 4, and 5 hazardous substances. The controls are based on joint Australian and New Zealand standards, the third revised edition of the Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria, published in 1999 by the United Nations (New York and Geneva), and the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva).
Hazardous Substances (Classification) Regulations 2001:
The Hazardous Substances (Classification) Regulations 2001, which are made under s 74(a) of the Hazardous Substances and New Organisms Act 1996, prescribe classification criteria for each intrinsic hazardous substance property. The criteria is based the third revised edition of the Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria, published in 1999 by the United Nations (New York and Geneva) and the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva).
Hazardous Substances (Identification) Regulations 2001:
The Hazardous Substances (Identification) Regulations 2001, which are made under s 76(1)(b) of the Hazardous Substances and New Organisms Act 1996, prescribe identification requirements for hazardous substances. The requirements are based on the Council of the European Communities Directive of 30 April 1992 amending for the Seventh time Directive 67/548/EEC on the Approximation of the Laws, Regulations and Administrative Provisions relating to the classification, packing and labelling of Dangerous Substances, and the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva).
Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001:
The Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001, which are made under ss 74(b) and 75(1)(g) of the Hazardous Substances and New Organisms Act 1996, prescribe, for each intrinsic hazardous substance property, the minimum degrees of hazard that must be met before a substance is considered hazardous. These standards are based on documents published by the American Society for Testing and Materials, the third revised edition of the Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria, published in 1999 by the United Nations (New York and Geneva), the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva), and the following standards of the International Standards Organisation: ISO 9328 (II): 1991 (steel plates and strips for pressure purposes—technical delivery conditions, Part 2) and ISO 10156: 1996 (gases and gas mixtures—determination of fire potential and oxidising ability for the selection of cylinder valve outlets).
Hazardous Substances (Packaging) Regulations 2001:
The Hazardous Substances (Packaging) Regulations 2001, which are made under s 76(1)(a) of the Hazardous Substances and New Organisms Act 1996, prescribe the packaging requirements for various hazardous substances. The requirements are based on the third revised edition of the Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria, published in 1999 by the United Nations (New York and Geneva), the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva), and the following standards of the International Standards Organisation: ISO 1523: 1983 (Paints, Varnishes, Petroleum and Related Products: Determination of Flash Point, Closed Cup Equilibrium Method) and ISO 2431: 1984 (Paints and Varnishes: Determination of Flow Time by Use of Flow Cup).
Human Rights Review Tribunal Regulations 2002:
The Long Title of the Human Rights Act 1993 states that it is an Act to “provide better protection of human rights in New Zealand in general accordance with United Nations Covenants or Conventions on Human Rights”. The Human Rights Review Tribunal Regulations 2002, which are made under section 144 of the Act, replaces the Complaints Review Tribunal Authority with the Human Rights Review Tribunal. They are a consequence of the Human Rights Amendment Act 2001, which made amendments to the anti-discrimination standard for Government activities and the associated publicly funded complaints process by incorporating the anti-discrimination standards of the New Zealand Bill of Rights Act 1990 into the Human Rights Act 1993. The New Zealand Bill of Rights Act 1990 affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights 1966.
Layout Designs (Eligible Countries) Order 2000:
The Layout Designs Act 1994 implements the intellectual property provisions regarding layout designs in the General Agreement on Trade and Tariffs (1994). Section 37 of the Act provides for the making of orders that specify those countries that are eligible countries for the purposes of that Act. The Layout Designs (Eligible Countries) Order 2000 replaces the Layout Designs (Eligible Countries) Order 1995, thereby replacing the previous list of specified eligible countries with a new one.
Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Republic of Korea) Regulations 2000:
The Mutual Assistance in Criminal Matters Act 1992 gives effect to mutual assistance treaties that are specified in regulations made under the Act. The Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Republic of Korea) Regulations 2000 gives effect to the Treaty between New Zealand and the Republic of Korea on Mutual Legal Assistance in Criminal Matters (1999).
Ozone Layer Protection Amendment Regulations 2000:
The Ozone Layer Protection Act 1996 implements the Vienna Convention for the Protection of the Ozone Layer (1985). Section 20 of that Act provides for the making of regulations setting out from time to time the up-to-date text of the protocol to that Convention, that is, the Montreal Protocol on Substances that Deplete the Ozone Layer. The protocol is set out in the Fifth Schedule to the Ozone Layer Protection Regulations 1996. The Ozone Layer Protection Amendment Regulations 2000 replaced the Fifth Schedule with a new one (i.e., replaced the 1995 version of the protocol with a 1999 version).
Patents, Designs, and Trade Marks Convention Order 2000:
The Patent Act 1953, Designs Act 1953, and Trade Marks Act 1953 implements the intellectual property provisions regarding patent, designs, and trade marks in the General Agreement on Trade and Tariffs (1994). Section 77 of the Patent Act 1953, s 20 of the Designs Act 1953, and s 72 of the Trade Mark Act 1953 empower the making of orders that specify those countries that are convention countries for the purposes of those Acts. The Patent, Designs, and Trade Marks Convention Order 2000 replaces the Patents, Designs, and Trade Marks Convention Order 1999, thereby replacing the previous list of specified convention countries with a new one.
Patents (Patent Cooperation Treaty) Amendment Regulations 2002:
The Patents (Patent Cooperation Treaty) Amendment Regulations 2002, which are made under section 114 of the Patents Act 1953, change the time limits required to fulfil obligations under Article 22(1) of the Patents Cooperation Treaty and section 26G(1)(b) of the Patents Act 1953. The amendment from 21 months to 31 months fulfils New Zealand's international obligation to comply with an amendment to the Treaty.
Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2002:
The Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2002, which are made under s 132C of the Social Security Act 1964, extend the list of countries from which overseas pensioners can receive pensions under alternative arrangements (adding Australia, the Netherlands, and the Republic of Ireland to the United Kingdom and Northern Ireland).
Resource Management (Marine Pollution) Amendment Regulations 2002:
The Resource Management (Marine Pollution) Amendment Regulations 2002, which are section 360(1)(ha), (hf), and (hg) of the Resource Management Act 1991, amend the Resource Management (Marine Pollution) Regulations 1998 to, among other things, define Grade A treated sewage (formerly called treated sewage) according to the discharge standard of the International Maritime Organisation (which is set out in Schedule 6) or the treatment system from which it is discharged (a list of approved treatment systems is set out in Schedule 5).
Social Welfare (Reciprocity with Australia) Order 2002:
The Social Welfare (Reciprocity with Australia) Order 2002, which is made under s 19 of the Social Welfare (Transitional Provisions) Act 1990, gives effect to the Agreement on Social Security between the Government of New Zealand and the Government of Australia (1994, as amended 1998).
Tariff (Harmonised System) Amendment Order 2002:
The Tariff (Harmonised System) Amendment Order 2002, which is made under ss 9 and 10 of the Tariff Act 1988, implements changes to the Tariff nomenclature as part of New Zealand's obligations as a signatory to the International Convention on the Harmonised Commodity Description and Coding System.
Tariff (Harmonised System) Amendment Order 2001:
The Tariff (Harmonised System) Amendment Order 2001, which is made under ss 9 and 10 of the Tariff Act 1988, implements numerous changes to the Tariff nomenclature as part of New Zealand's obligations as a signatory to the International Convention on the Harmonised Commodity Description and Coding System.
Trans-Tasman Mutual Recognition (Special Exemption Extension) Order 2002:
Trans-Tasman Mutual Recognition (Special Exemption Extension) Order 2002, which is made under section 82 of the Trans-Tasman Mutual Recognition Act 1997, extends (for 12 months) the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997, which provides for the recognition in New Zealand of regulatory standards adopted in Australia regarding goods and occupations.
Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2001:
The Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2001, which is made under section 82 of the Trans-Tasman Mutual Recognition Act 1997, extends (for 12 months) the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997, which provides for the recognition in New Zealand of regulatory standards adopted in Australia regarding goods and occupations.
Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2000:
The Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2000, which is made under section 82 of the Trans-Tasman Mutual Recognition Act 1997, extends (for 12 months) the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997, which provides for the recognition in New Zealand of regulatory standards adopted in Australia regarding goods and occupations.
United Nations Sanctions (Afghanistan) Amendment Regulations 2002:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Afghanistan) Amendment Regulations 2002 implement resolution 1390(2002) of the Security Council (which relates to measures to be imposed in respect of Usama bin Laden, members of the Al-Qaida organisation, members of the Taliban, and others, and revokes certain regulations designed to implement parts of resolution 1333 (2001) of the Security Council that are now spent.
United Nations Sanctions (Afghanistan) Regulations 2001:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Afghanistan) Regulations 2001 continue the existing sanctions (imposed under resolution 1267 (1999) of the Security Council, adopted on 15 October 1999) in place in respect of the Taliban (a militarised political grouping in control of large areas of Afghanistan), and give effect to resolution 1333 (2000) of the Security Council, adopted on 19 December 2000, imposing additional sanctions in respect of the Taliban for non-compliance with previous Security Council resolutions and violations of international law.
United Nations Sanctions (Eritrea and Ethiopia) Regulations 2000:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Eritrea and Ethiopia) Regulations 2000 give effect to resolution 1298 (2000) of the Security Council, adopted on 17 May 2000, which calls on member States to apply in respect of Eritrea and Ethiopia measures relating to arms.
United Nations Sanctions (Liberia) Regulations 2001:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Liberia) Regulations 2001 give effect to resolution 1343 (2001) of the Security Council, adopted on 7 March 2001, prohibit the sale, supply, or transportation to Liberia of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, and spare parts, the provision to Liberia of technical assistance or training in relation to weapons or military equipment, and the direct or indirect importation of diamonds from Liberia.
United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Amendment Regulations 2002:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Amendment Regulations 2002 defer, for 6 months, the expiry of the United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2001.
United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2001:
Section 2(1) of the United Nations Act 1946 provides for the making of regulations that give effect to any decision of the United Nations Security Council. The United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2001 implement measures against the Taliban and Taliban entities, and against Usama bin Laden and Al-Qaida entities, called for in resolution 1267 (1999) of the Security Council, adopted pursuant to the United Nations Charter on 15 October 1999, and in resolution 1333 (2000) of the Security Council, adopted pursuant to the United Nations Charter on 19 December 2000, and terrorism suppression measures, called for in resolution 1373 (2001) of the Security Council, adopted pursuant to the United Nations Charter on 28 September 2001.
Various Maritime Rules:
Section 36(1)(b) of the Maritime Transport Act 1994 provides for the making of rules for the purposes of the implementation of technical standards, codes of practice, performance standards, and other requirements of certain conventions. Section 36(1)(u) of the Act provides for the making of rules for prescribing or providing for such matters as may be necessary to enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport, or to implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation. The following rules were made during the 1999-2002 parliamentary term:
Maritime Rules: Part 25 - Nautical Charts And Publications (in force on 1 February 2001).
Part 25 ensures that New Zealand continues to meet its obligations under Chapter V, Regulation 20 (Nautical Publications), and Regulation 21 (International Code of Signals), of the International Convention for the Safety of Life at Sea (1974).
Maritime Rules: Part 31A, Amendment 1 - Crewing and Watchkeeping - Unlimited, Offshore, and Coastal (Non-Fishing Vessels) (in force on 1 February 2001).
Part 31B implements the requirements of Chapter V, Regulation 13 of the International Convention for the Safety of Life at Sea (1974), the principles of IMO Assembly Resolution A.890(21) Principles of Safe Manning (information and guidance on carrying out safety assessments is given in the Advisory Circular), the International Convention on Standards of Training, Certification and Watchkeeping (1978, as amended in 1995) requirements for basic safety training, tanker endorsements, ro-ro passenger ship training, the minimum hours of rest for watch-keeping officers and ratings, and watchkeeping principles, guidelines and responsibilities, the High Speed Craft Code requirements for high speed navigation courses and vessel type-rating, and the requirements for revalidation of the International Convention on Standards of Training, Certification and Watchkeeping (1978, as amended in 1995) certificate.
Maritime Rules: Part 31B - Crewing and Watchkeeping - Offshore, Coastal and Restricted (Non–Fishing Vessels) (in force on 1 February 2001).
Part 31B takes account of standards found in the International Convention for the Safety of Life at Sea (1974) and the International Convention on Standards of Training, Certification and Watchkeeping (1978, as amended in 1995).
Maritime Rules: Part 31C - Crewing and Watchkeeping - Fishing Vessels (in force on 1 February 2001).
Part 31C takes account of the International Convention on Standards of Training, Certification and Watchkeeping (1978, as amended in 1995).
Maritime Rules: Part 40B - Design, Construction and Equipment - Solas Ships (in force on 1 February 2001).
Part 40B requires foreign going passenger ships and foreign going non-passenger ships of 500 gross tonnage or more to comply with the design, construction and equipment requirements of the International Convention for the Safety of Life at Sea (1974) (“SOLAS”). It also requires ships which operate on the New Zealand coast and which are 45 metres or more in length and proceed beyond restricted limits to comply with the design, construction and equipment requirements of SOLAS. Foreign going non-passenger ships of 300 gross tonnage or more are required to comply with the radiocommunication requirements of SOLAS. Foreign going ships and foreign ships operating on the New Zealand coast that are 45 metres or more in length and proceed beyond restricted limits are required by Part 40B to comply with the SOLAS requirements in force for that ship. New Zealand ships that do not undertake foreign voyages but which are 45 metres or more in length and proceed beyond restricted limits must comply with the SOLAS requirements in force at the time of their build and any subsequent amendments SOLAS applying to existing ships that the Director determines shall apply to them. Compliance with the requirements of Part 40B leads to the issue of the SOLAS safety certificates or New Zealand Ship Safety Certificate required by Part 46 of the maritime rules.
Maritime Rules: Part 40D - Design, Construction And Equipment – Fishing Ships (in force on 1 February 2000).
For ships beyond 45 metres in length, the requirements of Part 40D reflect, in many respects, those of the 1993 Protocol to the Torremolinos International Convention for the Safety of Fishing Vessels. However it is not the intention of this Part to implement the Protocol fully in New Zealand law because the survey and certification requirements are inconsistent with current New Zealand maritime safety policy and rules.
Maritime Rules: Part 42A - Safety Equipment - Life-Saving Appliances - Performance, Maintenance and Servicing (in force on 1 February 2001).
Part 42A supersedes the Shipping (Lifesaving Appliances) Regulations 1989 and associated codes of practice and performance standards. While the requirements remain the same, the rules incorporate many of these standards by reference from the International Maritime Organisation’s International Life-Saving Appliance Code.
Maritime Rules: Part 42B - Safety Equipment - Fire Appliances - Performance Standards (in force on 1 February 2001).
Part 42B incorporates by reference the International Code for Application of Fire Test Procedures adopted by Resolution MSC.61(67) of the International Maritime Organisation's Maritime Safety Committee dated December 1996, as amended by that committee from time to time.
Maritime Rules: Part 43 – Radio (in force on 1 February 2001).
Part 43 specifies requirements and performance standards for radios for larger sips and ships going offshore that are consistent with the global maritime distress and safety system (GMDSS) required by the International Convention for the Safety of Life at Sea (1974).
Maritime Rules: Part 45 - Navigational Equipment (in force on 1 February 2000).
Part 45 incorporates the requirements for ship borne navigational equipment contained in Chapter V of the International Convention for the Safety of Life at Sea (1974) and the requirements for similar equipment on non-SOLAS ships.
Maritime Rules: Part 49 - Ship's Lifting Appliances (in force on 1 February 2001).
Part 49 complements the Guidelines for Safety and Health in Port Operations produced by the Occupational Safety and Health Service of the Department of Labour under the Health and Safety in Employment Act 1992. Both the Guidelines and Part 49 implement requirements of the International Labour Organisation's Occupational Safety and Health (Dock Safety) Convention 1979, No. 152, which is the current international standard covering lifting and working of ship's cargo.
Maritime Rules: Part 53 - Pilot Transfer Arrangements And Ship-Helicopter Pilot Transfers (in force on 1 February 2001).
Part 53 gives effect to standards for pilot transfer arrangements set out in regulation 17 of chapter V of the International Convention for the Safety of Life at Sea (1974), and International Maritime Organisation Assembly resolution A.889(21).
Customs Export Prohibition (Toothfish) Order 2003:
The Customs Export Prohibition (Toothfish) Order 2003, which is made under section 56 of the Customs and Excise Act 1996, prohibits the exportation of 2 species of toothfish, unless it is covered by a completed catch document (and, if New Zealand is not the country of landing, by a completed re-export document) issued in accordance with Conservation Measure 170/XVIII. The Commission for the Conservation of Antarctic Marine Living Resources adopted the Measure in November 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Customs Import Prohibition (Toothfish) Order 2003:
The Customs Import Prohibition (Toothfish) Order 2003, which is made under section 54 of the Customs and Excise Act 1996, prohibits the importation of 2 species of toothfish, unless it is covered by a completed catch document issued in accordance with Conservation Measure 170/XVIII. The Commission for the Conservation of Antarctic Marine Living Resources adopted the Measure in November 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources.
Fisheries (Toothfish Catch Documentation Scheme) Amendment Regulations 2003:
The Fisheries (Toothfish Catch Documentation Scheme) Amendment Regulations 2003, which are made under section 297 of the Fisheries Act 1996, amend the Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000, which give effect to the Conservation Measure 170/XVIII adopted by the Commission for the Conservation of Antarctic Marine Living Resources, in accordance with Article IX of the Convention on the Conservation of Antarctic Marine Living Resources. The amendments account for changes made to the Conservation Measure.
Maritime Safety Authority of New Zealand (Functions and Duties) Notice 2003:
The Maritime Safety Authority of New Zealand (Functions and Duties) Notice 2003, which is made under section 431(2) of the Maritime Transport Act 1994, prescribes additional functions and duties for the Maritime Safety Authority of New Zealand, which relate to enhancing security in the maritime transport system. Its main purpose is to enable the Maritime Safety Authority to carry out preparatory work in anticipation of the enactment of a new Maritime Security Act, which will implement amendments to the International Convention for the Safety of Life at Sea 1974 relating to maritime security, adopted on 12 December 2002.
Social Welfare (Reciprocity with the Netherlands) Order 2003:
The Social Welfare (Reciprocity with the Netherlands) Order 2003, which is made under section 19 of the Social Welfare (Transitional Provisions) Act 1990, gives effect to an agreement between the governments of New Zealand and the Kingdom of the Netherlands relating to social welfare reciprocity. The agreement was made on 30 June 2000, and was later amended by an exchange of diplomatic notes and an amending protocol. The order gives effect to the agreement, the notes, and the protocol. It also revokes the Social Welfare (Reciprocity with the Netherlands) Order 1990, which gave effect to an earlier agreement with the Government of the Kingdom of the Netherlands.
Trade Marks Regulations 2003:
The Trade Marks Act 2002 implements the intellectual property provisions regarding trade mark in the General Agreement on Trade and Tariffs (1994) and the 8th edition of the Nice Classification published on 1 January 2002 under the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of Registration of Marks. The Trade Marks Regulations 2003, which are made under section 199 of the Act, set out the operational and technical provisions that enable the various steps and procedures prescribed by the Act to operate in practice, particularly with respect to trade mark registration.
Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2003:
The Trans-Tasman Mutual Recognition (Special Exemptions Extension) Order 2003, which is made under section 82 of the Trans-Tasman Mutual Recognition Act 1997, extends (for 12 months) the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997, which provides for the recognition in New Zealand of regulatory standards adopted in Australia regarding goods and occupations.
Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003:
The Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003, which are made under section 86 of the Trans-Tasman Mutual Recognition Act 1997, exempt (for 12 months), regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002 from the Trans-Tasman Mutual Recognition Act 1997, which provides for the recognition in New Zealand of regulatory standards adopted in Australia regarding goods and occupations, to the extent that those regulations apply to certain lighting ballasts and water heaters. The effect of these regulations is that for a period of 12 months from 1 February 2003 the goods to which these regulations apply, whether capable of being sold in Australia or not, must comply with regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002.
United Nations (Iraq) Reconstruction Regulations 2003:
The United Nations (Iraq) Reconstruction Regulations 2003, which are made under section 2 of the United Nations Act 1946, implement resolution 1483 (2003) of the Security Council of the United Nations, adopted on 22 May 2003, calling on the member States of the United Nations to adopt a number of measures designed to assist in the reconstruction of Iraq.
This Part sets out the reported and unreported judicial decisions rendered during the period covered by this account. It divides the reported cases into those cases reported in the New Zealand Law Report (NZLR) series in which international obligations were determinative, those cases reported in the NZLR series in which international obligations were cited but not determinative, and those cases reported in other series. It also sets identifies the international agreements that were referenced and sets out the distribution of these references among the various courts. Each category is divided into two sections, the first listing those decisions rendered during the 1999-2002 parliamentary term and the second listing those decisions rendered during the 2002-2003 yearbook interval.
Air New Zealand Ltd v Director of Civil Aviation [2002] 3 NZLR 796 (High Court), transport case.
Air New Zealand Ltd sought an order compelling the Director of Civil Aviation to register a civil aircraft in New Zealand that was registered in India to derive benefit from a lien it had obtained on the aircraft. The High Court dismissed the request on the grounds that the International Convention on Civil Aviation 1944, as expressed in domestic law of New Zealand by the Civil Aviation Act 1990, permits registration in only one state at any one time, making it impermissible to register in New Zealand an aircraft already registered with another authority [810].
Dairy Containers Ltd v The Ship “Tasman Discoverer” [2002] 3 NZLR 353 (Court of Appeal), contract case.
Dairy entered into a contract with Tasman to ship 70 coils of electrolytic tin plates from Korea to New Zealand. Fifty-five of the coils were damaged. The bill of lading limited liability for damage to £100 sterling for each coil in accordance with the International Convention for the Unification of Certain Rules relating to Bills of Lading 1924 (the Hague Rules). Tasman concluded that it could discharge its liability by paying Dairy £5500 sterling in United Kingdom banknotes. Dairy contended that the applicable liability limit was 55 times the present value of gold of £100 sterling in 1924, that is, $613,667.25. The High Court found for Dairy.37 The Court of Appeal set aside this finding, concluding, after reviewing the Hague Rules and the relevant case law, that Tasman’s liability was £5500 sterling in United Kingdom banknotes [362].
Edwards v United States of America [2002] NZCA 165; [2002] 3 NZLR 222 (Court of Appeal), extradition case.
Edwards resisted extradition to the United States under s 8 of the Extradition Act 1999 on the grounds that the charges were not made in good faith in the interests of justice because they were not sufficiently precise. The District Court ruled that Edwards was eligible for surrender. The High Court and the Court of Appeal upheld the decision. In doing so, the Court of Appeal ruled that the extradition treaty between the United States and New Zealand was to be interpreted liberally so as to determine whether the charges fell within the ordinary meaning of the treaty in their context and in the light of the purpose and object of the treaty [229-230].
Chief Executive of the New Zealand Customs Service v Rakaia Engineering & Contracting Ltd [2002] 3 NZLR 24 (Court of Appeal), customs case.
Rakaia imported unassembled grain silos from Canada and associated machinery to operate them from the United States. If imported together, the two elements would have attracted duty as agricultural machinery under the Tariff Act 1988. Customs classified the silos as prefabricated buildings for the purposes of assessing them. Rakaia challenged on the grounds that the unassembled silos should be classified as agricultural machinery. The High Court found for Rakaia. The Court of Appeal, reading the Tariff Act 1988 in the light of the International Convention on the Harmonized Commodity Description and Coding System 1983, allowed the appeal [36]. The case also cited the Vienna Convention on the Law of Treaties 1969 [35] and the Convention on Nomenclature for the Classification of Goods in Customs Tariffs 1950 [26].
McVeagh v Attorney-General [2001] NZHC 435; [2001] 3 NZLR 566 (High Court), criminal procedure case.
McVeagh alleged that the High Court’s refusal to hear McVeagh’s application for habeas corpus violated s 6 of the Habeas Corpus Act 1960 (Imp) and sought damages. McVeagh argued that s 6 should be interpreted as providing a remedy in the circumstances because otherwise New Zealand would be in breach of International Covenant on Civil and Political Rights 1966. The High Court dismissed this argument because “there is no basis on which a Court can interpret [s 6] in a way which is not tenable on a plain reading of the words of the section for the purpose of ensuring compliance by New Zealand with an international treaty” and because “there is no basis for alleging that the limited interpretation of [s 6] proposed by the Crown puts New Zealand in a position where it breaches the covenant, given the right to sue for false imprisonment” [574].38 The judgment also cites the Universal Declaration of Human Rights 1948 [572].
Yuen Kwok-Fung v Hong Kong Special Administrative Region of the People’s Republic of China [2001] NZCA 174; [2001] 3 NZLR 463 (Court of Appeal), extradition case.
Yuen resisted extradition to Hong Kong on the grounds that it would be incompatible with the humanitarian considerations set out in article 7(1)(d) of the extradition treaty between New Zealand and Hong Kong. The District Court ruled in favour of Yuen. Hong Kong appealed on the grounds that the District Court did not have the power to exercise this discretion, because s 30 of the Extradition Act 1999 only permits the Minister of Justice to exercise it. The High Court and the Court of Appeal agreed. The judgment also cites the Vienna Convention on the Law of Treaties 1969 [467].
Hunia v Parole Board [2001] NZHC 494; [2001] 3 NZLR 425 (High Court), criminal procedure case.
In an urgent application, Hunia challenged the Parole Board’s jurisdiction to consider and grant a request from the General Manager of the Prison Service for an order to serve a full sentence, and asked for a writ of habeas corpus on the grounds, among others, that the decisions made by the Board “were all unlawful because of the failure to have regard to international treaty obligations and/or provisions in the New Zealand Bill of Rights Act 1990 and other international and historical statutory instruments” [428]. The High Court ruled that the Board had jurisdiction, but that its decisions were properly the subject of a separate application for judicial review [432].
United States of America v Wong [2001] 2 NZLR 472 (High Court), extradition case.
Wong resisted extradition to the US on the grounds that the documents filed by the United States were not properly authenticated, the alleged crimes were not committed on US territory, and the 2 charges did not constitute a crime in New Zealand. Working with the Extradition Act 1999 and the extradition treaty between New Zealand and the United States, the District Court ruled in favour of Wong on these issues. The High Court found that the documents were properly authenticated, but that the alleged crimes were not committed on US territory, and the first charge did not constitute a crime in New Zealand. However, it remitted the second charge to the District Court to determine in the light of the High Court’s ruling [491].
T v J [2000] 2 NZLR 236 (High Court), custody case.
A mother opposed the adoption of her child on the grounds that she initially agreed to the adoption because of undue influence, mistake, duress, and breach of a verbal agreement. Relying on the Pilots’ case, which articulates the presumption of statutory interpretation that legislation should be read in a way that is consistent with New Zealand international obligations,39 the Court found for the mother. In doing so, it interpreted s 7(7) of the Adoption Act 1955 in the light of the Convention on the Rights of the Child 1989 and the United Nations Declaration on Social and Legal Principles relating to the Protection and Welfare of Children with special reference to Foster Placement and Adoption Nationally and Internationally 1986 [238].
Attorney-General v E [2000] 3 NZLR 257 (Court of Appeal), immigration case.
E applied for a temporary entry permit pending determination of E’s claim for refugee status. The Immigration Service declined the application. The High Court set aside the decision and directed that the application be reconsidered because the Immigration Service had breached E’s legitimate expectations by failing to consider a presumption that a temporary permit should be granted to a refugee claimant if detention is unnecessary (i.e., a discretion to grant one exists). The Court of Appeal noted that “the plain general purpose and effect of [Part 6A of the Immigration Act 1987] is to ensure compliance with the [United Nations Convention Relating to the Status of Refugees 1951 and Protocol relating to the Status of Refugees 1967], especially so far as it regulates decisions on claims to refugee status” [265]. After examining the relevant provisions of the Act, the Convention, the detention guidelines of the United Nations High Commissioner for Refugees, and the Immigration Service’s operation manual, a majority of the Court of Appeal granted the Crown’s appeal because those provisions did not support or require a presumptive approach [271].
Poon v Police [2000] 2 NZLR 86 (High Court), extradition case.
Poon was arrested in New Zealand on a warrant issued by a District Court judge following a request by Hong Kong shortly after China assumed control. Poon sought habeas corpus on the grounds, among others, that Hong Kong was not a foreign country within s 2 of the Extradition Act 1965 and the extradition request did not conform to the procedures set out in the extradition treaty between New Zealand and Hong Kong. The High Court dismissed the application after interpreting the Extradition Act 1965 and the Extradition Act 1999 with reference to the extradition treaty between New Zealand and Hong Kong and Hong Kong’s Basic Law (its constitutional document).
Moonen v Film and Literature Board of Review [1999] NZCA 329; [2000] 2 NZLR 9 (Court of Appeal), censorship case.
The Office of Film and Literature Classification classified two publications in Moonen’s possession as objectionable. The Film and Literature Board of Review and the High Court upheld these classifications. The Court of Appeal allowed the appeal and directed the Board to reconsider the classifications by giving due regard to the relevant provisions of the Bill of Rights when applying s 3(2) of the Films, Videos, and Publications Act 1993. In so doing, the Court of Appeal held that the judiciary has “the power, and on occasion the duty, to indicate that although a statutory provision must be enforced according to its proper meaning, it is inconsistent with the Bill of Rights” because “such judicial indication will be of value should the matter come to be examined by the Human Rights Committee” [17] (which monitors the implementation of the International Covenant on Civil and Political Rights 1966).
Chief Executive of the Department for Courts v Phelps [1999] NZCA 198; [2000] 1 NZLR 168 (Court of Appeal), custody case.
A couple in Australia with 2 kids separated. The kids initially lived with their mother, but later lived with their father. Shortly after the couple divorced, the father took the kids to New Zealand. The mother applied for the return of the kids under the Guardianship Amendment Act 1991, which implements the Hague Convention on the Civil Aspects of International Child Abduction 1980. The father challenged the application on the grounds that s 12(1)(c) of the Act did not apply because the mother had not actually been exercising her rights of custody. The Court of Appeal, which had recourse to the Convention to resolve the issue, concluded that the mother was actually exercising her custody rights [177].
Tangiora v Wellington District Legal Services Committee [1999] UKPC 42; [2000] 1 NZLR 17 (Privy Council), civil procedure case.
Tangiora lodged a communication with the Human Rights Committee under the First Optional Protocol to the International Covenant on Civil and Political Rights 1966. Tangiora applied for legal aid to reply to the Government’s response. The Legal Services Committee rejected the application on the grounds that the Human Rights Committee did not constitute a judicial authority under s 19(1)(e)(v) of the Legal Services Act 1991. The High Court countermanded this decision, but the Court of Appeal reversed the High Court’s decision. The Privy Council agreed with the Court of Appeal [21-22].
KS v LS [2003] 3 NZLR 837 (High Court), custody case.
LS removed her child from Australia to New Zealand. KS sought return of his child. The Family Court refused to make an order under the Guardianship Amendment Act 1991, which implements the Hague Convention on the Civil Aspects of International Child Abduction 1980, for the return of the child because LS was to undergo a mastectomy and could not accompanying the child back to Australia. KS appealed. The High Court ruled in favour of KS on the grounds that considerations of humanity and concerns over exceptional circumstances should not seduce a Court into diluting the clear policy of the Convention.
Attorney-General v Refugee Council of New Zealand Inc [2003] NZCA 335; [2003] 2 NZLR 577 (Court of Appeal), immigration case.
The Refugee Council of New Zealand Inc challenged an operational instruction, issued under the Immigration Act 1987, to detain certain persons who had applied for refugee status on the grounds that the direction was inconsistent with the United Nations Convention Relating to the Status of Refugees 1951. The Court of Appeal held that the operational instruction was consistent with the Convention. The case also cited the Protocol Relating to the Status of Refugees 1967, the Convention on International Civil Aviation 1944, and the United Nations High Commissioner for Refugees Guidelines on Applicable Criteria and Standards Relating to the Detention of Asylum Seekers 1999.
Government of the United States of America v Cullinane [2003] 2 NZLR 1 (Court of Appeal), extradition case.
The United States asked for the extradition of Cullinane to face charges of visa fraud and racketeering. The District Court held that Cullinane was eligible for surrender because the extradition treaty between the United States of America and New Zealand covered the visa charge. The Court of Appeal ruled in favour of Cullinane by concluding that the extradition treaty did not cover visa fraud or racketeering.
El Sayed v Secretary for Justice ex parte El Sayed [2003] 1 NZLR 349 (High Court), custody case.
A mother removed her children from Australia to New Zealand. The Australian Central Authority, on behalf of the father, applied for the return of the children, which the Family Court granted despite the father’s history of violence. The High Court allowed the mother’s appeal on the grounds the Hague Convention on the Civil Aspects of International Child Abduction 1980 required the words “grave risk” in section 13(1)(c) of the Guardianship Amendment Act 1991 to be interpreted broadly.
Massive Nv v Lighting Plus Ltd [2003] 1 NZLR 222 (High Court), intellectual property case.
Massive Nv asked for permanent injunctive relief against Lighting Plus, who was importing from China and selling in New Zealand a product nearly identical to one in which Massive Nv held worldwide copyright. The High Court held that the Berne Convention for the Protection of Literary and Artistic Works 1971 extended Massive Nv’s right of ownership to China and granted the injunction.
Re an Unborn Child [Chief Social Worker v “Nikki” [2003] 1 NZLR 115 (High Court), censorship case.
The Department of Child, Youth and Family Services asked the High Court to assume jurisdiction over an unborn child to prevent its birth being filmed for a pornographic movie. “Nikki” opposed the request on the grounds that the relevant legislation did not apply to unborn children. The High Court, relying on the United Nations Convention on the Rights of the Child 1989, held that the word “child” in section 10B of the Guardianship Act 1968 included unborn children.
B v G [2002] NZCA 169; [2002] 3 NZLR 233 (Court of Appeal), custody case.
A birth mother sought to block an application for the permanent adoption of her child under the relevant legislation. The Family Court ruled against the birth mother, but the High Court held for the birth mother. The Court of Appeal sided with the Family Court. In doing so, it ruled that the inquiry regarding the “welfare and interests of the child” under section 11(b) of the Adoption Act 1955 had to be a broad-based, as this would be consistent with the United Nations Convention on the Rights of the Child 1989.
Moonen v Film and Literature Board of Review [2002] NZCA 69; [2002] 2 NZLR 754, 760 (Court of Appeal), censorship case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Attorney-General for England and Wales v R [2002] 2 NZLR 91, 98 (Court of Appeal), contract case that cites the International Covenant on Civil and Political Rights 1966.
Drew v Attorney-General [2001] NZCA 207; [2002] 1 NZLR 58, 75 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
R v Shaheed [2002] 2 NZLR 377, 396, 397 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
McVeagh v Attorney-General [2001] NZCA 383; [2002] 1 NZLR 808, 817 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966.40
R v Burns (Travis) [2002] 1 NZLR 387, 390 (High Court), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Dairy Containers Ltd v The Ship “Tasman Discover” [2002] 1 NZLR 265 (High Court), contract case that cites the International Convention for the Unification of Certain Rules relating to Bills of Lading 1924 and Convention on the Carriage of Goods by Sea 1978.
Attorney-General v Otahuhu District Court [2001] NZCA 187; [2001] 3 NZLR 740, 756, 757 (Court of Appeal), transport case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Bleakley v Environmental Risk Management Authority [2001] 3 NZLR 213, 248, 249, 250 (High Court), resource management case that cites the Rio Declaration on Environment and Development 1992.
McInnes v Minister of Transport [2001] NZCA 389; [2001] 3 NZLR 11, 16 (Court of Appeal), transport case that cites the International Covenant on Civil and Political Rights 1966.
R v Misic [2001] NZCA 128; [2001] 3 NZLR 1 (Court of Appeal), fraud case that cites an international telecommunications protocol allowing calls made in one country to be charged to an account in another country.
Raukura Moana Fisheries Ltd v The Ship “Irina Zharkikh” [2001] 2 NZLR 801, 811 (High Court), contract case that cites the Protocol on Arbitration clauses 1923, the Convention on the Execution of Foreign Arbitral Awards 1927, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
R v Pora [2000] NZCA 403; [2001] 2 NZLR 37, 44, 47, 49 53, 55, 56, 58, 66, 67, 68, 70 (Court of Appeal), sentencing case that cites the International Covenant on Civil and Political Rights 1966 and the Universal Declaration of Human Rights 1948 and concerning the New Zealand Bill of Rights Act 1990.
R v Whareumu [2000] NZCA 380; [2001] 1 NZLR 655, 659 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Yoshimoto v Canterbury Golf International Ltd [2000] NZCA 350; [2001] 1 NZLR 523, 547 (Court of Appeal), contract case that cites the United Nations Convention on Contracts for the International Sale of Goods 1980 and UNIDROIT Principles of International Commercial Contract 1994.
Warner v United Kingdom [2000] NZCA 238; [2001] 1 NZLR 331, 333 (Court of Appeal), extradition case that notes that the District Court Judge held that the Extradition Act 1999 was designed to ensure that New Zealand is able to keep its international obligations to ensure the return of people to the country of origin.
Attorney-General v E (No 2) [2000] 3 NZLR 637 (Court of Appeal), immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Lange v Atkinson [2000] NZCA 95; [2000] 3 NZLR 385, 397 (Court of Appeal), defamation case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Gold and Resource Developments (NZ) Ltd v Doug Hood Ltd [2000] NZCA 131; [2000] 3 NZLR 318, 322 (Court of Appeal), contract case that cites the Protocol on Arbitration clauses 1923, the Convention on the Execution of Foreign Arbitral Awards 1927, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.
Dunlea v Attorney-General [2000] NZCA 84; [2000] 3 NZLR 136, 149, 152, 154 (Court of Appeal), criminal procedure case in which majority distinguishes Baigent’s Case,41 but dissent argues that it is applicable and reflects the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
R v Poumako [2000] NZCA 69; [2000] 2 NZLR 695, 969, 701, 702, 706, 711, 712, 717, 720 (Court of Appeal), sentencing case that cites the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Attorney-General v Hewitt [2000] 2 NZLR 110, 123, 126, 127 (High Court), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Manga v Attorney-General [2000] 2 NZLR 65, 79, 80, 81, 83, 84 (High Court), criminal procedure case that distinguishes Baigent’s Case and cites the International Covenant on Civil and Political Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Air New Zealand Ltd v Trustees of the New Zealand Airline Pilots Mutual Benefit Fund [2000] 1 NZLR 418, 426, 427 (High Court), employment case that cites the Universal Declaration of Human Rights 1948, the International Covenant on Civil and Political Rights 1966, and the International Covenant on Economic, Social and Cultural Rights 1966 and concerning the New Zealand Bill of Rights Act 1990.
Hosking v Runting [2003] NZHC 416; [2003] 3 NZLR 385, 391, 416-417, 419 (High Court), privacy case that cites the International Covenant on Civil and Political Rights 1966, the United Nations Convention on the Rights of the Child 1989, and the Universal Declaration of Human Rights 1948.
Punter v Secretary for Justice [Ex parte Punter] [2003] 3 NZLR 54, 55, 59, 60 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
P v K [2003] 2 NZLR 787, 814, 815 (High Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
Anheuser Busch v Budweiser Budvar National Corporation [2002] NZCA 264; [2003] 1 NZLR 472, 496 (Court of Appeal), intellectual property case that cites the Agreement on Trade Related Aspects of Intellectual Property Rights in the General Agreement on Trade and Tariff 1994.
Razak v Refugee Status Appeals Authority [2002] New Zealand Administrative Reports 552 (High Court), immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Refugee Council of New Zealand Inc v Attorney-General [2002] New Zealand Administrative Reports 717 (High Court), immigration case that cites the Convention relating to the Status of Refugees 1951, the Protocol relating to the Status of Refugees 1967, and the Convention on International Civil Aviation 1944.
Taito v R (2002) Human Rights Reports of New Zealand 539; (2002) 19 Criminal reports of New Zealand 224 (Privy Council), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966.
U v D [2002] New Zealand Family Law Reports 529 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Anderson v Paterson [or A v A (Child Abduction)] [2002] New Zealand Family Law Reports 641; (2002) 21 Family Reports of New Zealand 540 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
B v C [2002] New Zealand Family Law Reports 433 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Qui v Removal Review Authority [2002] New Zealand Administrative Reports 430 (High Court), immigration case that cites the United Nations Convention on the Rights of the Child 1989 and International Covenant on Civil and Political Rights 1966.
P v B (Hague Convention) [2002] New Zealand Family Law Reports 353 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
G v B [2002] New Zealand Family Law Reports 241; (2001) Family Reports of New Zealand 650 (High Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
K v C [2002] New Zealand Family Law Reports 200; (2001) Family Reports of New Zealand 686 (High Court), custody case that cites the United Nations Convention on the Rights of the Child 1989 and the Hague Convention on the Civil Aspects of International Child Abduction 1980.
D v S [2002] New Zealand Family Law Reports 116; (2001) Family Reports of New Zealand 331 (Court of Appeal), custody case that cites the United Nations Convention on the Rights of the Child 1989.
Moonen v Film and Literature Board of Review [2001] New Zealand Administrative Reports 358 (High Court), censorship case that cites the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 2000.
Callaghan v Thomas [2001] New Zealand Family Law Reports 1105; (2001) 21 Family Reports of New Zealand 98 (Family Court), custody and access case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Wolf v Federal Republic of Germany (2001) Criminal Reports of New Zealand 245; [2001] New Zealand Administrative Reports 963 (Court of Appeal), extradition case that cites the extradition agreement between Germany and New Zealand.
LP v Chief Executive of the Department of Child, Youth and Family Services [2001] New Zealand Family Law Reports 721 (High Court), custody case that cites the United Nations Convention on the Rights of the Child 1989, the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption 1993, and the International Covenant on Civil and Political Rights 1966.
M v Chief Executive of the Department for Courts, ex parte M [or Re The M Children (Hague Convention) (2001) 21 Family Reports of New Zealand 67 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
G v B (Adoption) (2001) Family Reports of New Zealand 1 (Family Court), custody case that cites the United Nations Convention on the Rights of the Child 1989 and the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption 1993.
Lawrence v Police [2001] District Court Reports 838 (District Court), criminal procedure case that cites the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966.
A v The Chief Executive, Department of Labour [B & C (a Family from Peru) v Chief Executive Department of Labour] [2001] New Zealand Administrative Reports 981 (High Court), immigration case that cites the United Nations Convention on the Rights of the Child 1989, the United Nations Convention relating to the Status of Refugees 1951 and the International Covenant on Civil and Political Rights 1966.
Gumbrell v Jones [2001] New Zealand Family Law Reports 593; (2001) Family Reports of New Zealand 304; (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Re Application by H (Adoption) [2001] New Zealand Family Law Reports 817; (2001) 21 Family Reports of New Zealand 208 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980 and the United Nations Convention on the Rights of the Child 1989.
R v Harlan (2001) 18 Criminal Reports of New Zealand 582 (Court of Appeal), criminal procedure case that cites the United Nations Convention on the Rights of the Child 1989.
Wolf v Federal Republic of Germany [2001] New Zealand Administrative Reports 536 (High Court), immigration case that cites the extradition agreement between Germany and New Zealand, the extradition agreement between Hong Kong and New Zealand, the United Nations Convention on the Rights of the Child 1989, and the International Covenant on Civil and Political Rights 1966.
Re L (Care and Protection) [2001] New Zealand Family Law Reports 681; (2001) 20 Family Reports of New Zealand 318 (Family Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
Millist v Millist [2001] New Zealand Family Law Reports 1085; (2001) 20 Family Reports of New Zealand 335 (Family Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
Federal Republic of Germany v Wolf [2001] District Court Reports 445 (District Court), extradition case that cites the extradition agreement between Germany and New Zealand.
KMH v Chief Executive of the Department for Court ex parte JPW [or H v Chief Executive of Department for Courts] [2001] New Zealand Family Law Reports 825 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Legal Services Board v Legal Aid Review Authority [2001] New Zealand Family Law Reports 481; [2001] New Zealand Administrative Reports 109 (High Court), civil procedure case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Turua v Samuel [2001] New Zealand Family Law Reports 123 (Family Court), protection order case that cites the United Nations Convention on the Rights of the Child 1989.
Secretary for Justice, ex parte McManus v McManus [2001] New Zealand Family Law Reports 1 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Q v Refugee Status Appeals Authority [2001] New Zealand Administrative Reports 472 (High Court), immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Mahon v Mahon [2000] New Zealand Family Law Reports 1009 (District Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
Secretary for Justice v Whenuaroa [2000] New Zealand Family Law Reports 1104 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Chief Executive of the Department for Courts [or Armstrong v Evans] [2000] New Zealand Family Law Reports 984; (2000) 19 Family Reports of New Zealand 609 (District Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Hyde v Commissioner of Inland Revenue [2000] New Zealand Family Law Reports 385 (Family Court), maintenance order case that cites the United Nations Convention on the Rights of the Child 1989.
Paenga v Lemmon (2000) 20 Family Reports of New Zealand 236 (Family Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
New Zealand Immigration Department v Tishhovets [or McAlpine v Tishkovets] [2000] New Zealand Administrative Reports 638; (2000) District Court Reports 760 (District Court), immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Singh v Commissioner of Inland Revenue (2000) 19 New Zealand Tax Cases 15, 838 (High Court), tax case that dismisses application to stay proceedings until complaint laid with the United Nation’s Human Rights Committee under the Optional Protocol to the International Covenant on Civil and Political Rights 1966 is determined.
R v Pora (2000) 18 Criminal Reports of New Zealand 259 (High Court), sentencing case that cites the International Covenant on Civil and Political Rights 1966.
Secretary for Justice of New Zealand Central Authority ex parte Hollins Vcrozier [2000] New Zealand Family Law Reports 775 (District Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980 and the United Nations Convention on the Rights of the Child 1989.
C, Application to Adopt [2000] New Zealand Family Law Reports 685 (District Court), custody case that cites the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption 1993.
Mok v Cornelisson [2000] New Zealand Family Law Reports 582 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
United States of America v Wong [2000] District Court Reports 377 (District Court), extradition case that cites the extradition treaty between the United States of America and New Zealand.
Marvulic v Marvulic (2000) 19 Family Reports of New Zealand 86 (Family Court), maintenance order case that cites the United Nations Convention of the Recovery of Maintenance Abroad 1956 and the Vienna Convention on the Law of Treaties 1969.
Re T (1999) 19 Family Reports of New Zealand 11 (Family Court), custody case that cites the United Nations Convention on the Rights of the Child 1989.
R v Stephens (2002) 19 Criminal Reports of New Zealand 727 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966.
R v Oran (2003) 20 Criminal Reports of New Zealand 87 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966.
Re H (Adoption) [Re Application by L] [2003] New Zealand Family Law Reports 529 (Family Court), adoption case that cites the Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption 1993.
Guest v Simon [2003] New Zealand Family Law Reports 534 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Tunstall v Police (2003) 7 Human Rights Reports of New Zealand 205 (High Court), criminal procedure case that cites the International Covenant on Civil and Political Rights 1966.
Jensen v Olagues [2003] New Zealand Family Law Reports 19; (2002) 22 Family Reports of New Zealand 625 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
C v R (2002) 22 Family Reports of New Zealand 408 (High Court), paternity case that cites the United Nations Convention on the Rights of the Child 1989.
Chief Executive of Department for Courts as New Zealand Central Authority [Ex parte H] (Family Court Christchurch, FP009/1340/95, 7 June 2002, Judge Strettell), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Lomu v Chief Executive, Department of Labour (High Court Wellington, AP209/01, 28 May 2002, Justice Young), immigration case that cites the International Covenant on Civil and Political Rights 1966.
Ka (Newmarket) Ltd v Hart (High Court Auckland, CP467-SD01, 10 May 2002, Justice Heath); noted: [2002] Butterworths Current Law 596, contract case that cites the United Nations Convention on Contracts for the International Sale of Goods 1980.
Thompson v Cameron [or Re Cameron ex parte Thompson] (High Court Auckland, AP117/SW99 & B1257/IM01, 27 March 2002, Justice Chambers), bankruptcy case that cites the United Nations Convention on Contracts for the International Sale of Goods 1980.
J v R (High Court Hamilton, AP84/01, 6 March 2002, Justice Goddard); noted: [2002] Butterworths Current Law 402; 25 The Capital Letter 15/4, sentencing case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Secretary for Justice v Aps (Family Court Porirua, FP132/01, 19 February 2002, Judge Mill), custody case cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Yure v Attorney-General (High Court Auckland, CP47-SW02, 18 February 2002, Justice Paterson), immigration case that cites the International Covenant on Civil and Political Rights 1966.
Tollenaar v Fitzell (Family Court Christchurch, FP009/1455/01, 5 February 2002, Judge Fleming), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Lissev v Lissev (Family Court Manukau, FP092/62/00, 17 January 2002), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Re Edwards [or Edwards v United States of America] (High Court Auckland, M1417-SW/01, 17 December 2001, Justice Salmon), extradition case that cites the extradition treaty between the United States of America and New Zealand.
P v Police (High Court Auckland, R196/01, 4 December 2001, Justice Williams), criminal procedure case that cites the extradition treaty between the Kingdom of Tonga and New Zealand.
McCabe v Police (High Court Whangarei, AP44/01, 21 November 2001, Justice Williams); noted: [2002] Butterworths Current Law 225, transport case that cites the United Nations Convention on Road Traffic 1949, International Convention for Safety of Life at Sea 1950, and International Convention for the Safety of Life at Sea Regulations 1950.
Yure v Bentley (High Court Auckland, M1530-PL01, 8 November 2001, Justice Chambers, immigration case that cites the International Covenant on Civil and Political Rights 1966.
Cullinane v Government of the United States of America (High Court Hamilton, A116/00, 26 October 2001, Justice Morris), extradition case that cites the extradition treaty between the United States of America and New Zealand.
Cullinane v Government of the United States of America (High Court Hamilton, A116/00, 10 September 2001, Justice Priestley); noted: [2001] Butterworths Current Law; 24 The Capital Letter 43/4; New Zealand Case Law Digest 5th series 4438, extradition case that cites the extradition treaty between the United States of America and New Zealand.
Brown v Abrahams (Family Court Taupo, FP069/134/00, 3 September 2001, Judge Whitehead); noted: New Zealand Case Law Digest 5th series 4491, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Lee v Minister of Immigration (High Court Wellington, AP90/01, 14 August 2001, Justice Doogue); noted: 24 The Capital Letter 40/5, immigration case that cites the International Covenant on Civil and Political Rights 1966.
Dg v Refugee Status Appeals Authority (High Court Wellington, CP213/00, 5 June 2001, Justice Chisholm); noted: 24 The Capital Letter 28/3; New Zealand Case Law Digest 5th series 4309, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
R v Sotheran (No 13) (High Court Palmerston North, T31/00, 18 May 2001, Justice Gendall); noted: 24 The Capital 27/4, civil procedure case that cites the Chicago Convention on International Civil Aviation 1994.
Tn v Refugee Status Appeals Authority (High Court Wellington, CP212/00, 10 May 2001, Justice Chisholm); noted: 24 The Capital Letter 25/4, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
C v Refugee Status Appeals Authority (High Court Auckland, M1365-SW00, 4 May 2001, Justice Nicholson); noted [2001] Butterworths Current Law 520; 24 The Capital Letter 24/5, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees 1967.
Integrity Cars (Wholesale) Ltd v Chief Executive of New Zealand Customs Service (Court of Appeal, CA128/00, 2 April 2001, Justices Keith, Fisher and Paterson); noted: [2001] Butterworths Current Law 416; 24 The Capital Letter 13/3; New Zealand Case Law Digest 5th series 4103, customs case that cites the General Agreement on Tariffs and Trade 1994, the General Agreement on Tariffs and Trade 1979, the United Nations Convention on Contracts for the International Sale of Goods 1980, and the Vienna Convention on the Law of Treaties 1969.
Horne v Air New Zealand Ltd (Employment Tribunal Auckland, AT34/01 & AET877/99, 28 March 2001, Mediator Hodge); noted: New Zealand Case Law Digest 5th series 4271; (2001) 6 New Zealand Employment Law Cases 98, 635, employment case that cites the United Nations Convention on the Rights of the Child 1989.
H v Chief Executive of the Department of Labour (High Court Wellington, AP183/00, 20 March 2001, Justice Gendall); noted: [2001] Butterworths Current Law 466; 24 The Capital Letter 18/4, immigration case that refers to the United Nations Commissioner for Refugees’ Handbook on Procedures and Criteria for Determining Refugee Status 1992.
W v Chief Executive of the Department of Labour (High Court Wellington, AP182/00, 14 March 2001, Justice Gendall); noted: 24 The Capital Letter 17/6, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees 1967.
Moore v Musashi PTY Ltd (Employment Relations Authority Auckland, AEA56/00 & AA17/01, 12 March 2001, Mediator Oldfield), employment case that cites the Rome Convention 1980.
Chief Executive of the New Zealand Customs Service v Rakaia Engineering and Contracting Ltd (High Court Wellington, AP229/99, 9 March 2001, Justice Doogue); noted: [2001] Butterworths Current Law 414; 24 The Capital Letter 17/3; New Zealand Case Law Digest 5th series 4156, customs case that cites the International Convention on the Harmonized Commodity Description and Coding System 1983.
W v H (High Court Rotorua, AP64/00, 5 March 2001, Justice Williams); noted: [2001] Butterworths Current Law 386, custody case that cites the United Nations Convention on the Rights of the Child 1989.
Duthie Whyte Nominees Ltd v Redline Holdings Ltd (High Court Auckland, CP521-SD99, 21 December 2000, Priestley J); noted [2001] Butterworths Current Law 213; 24 The Capital Letter 11/5; [2001] Company and Securities Law Bulleting 692, civil procedure case that cites the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968.
M v Refugee Status Appeals Authority (High Court Auckland, M1101-SW00, 28 November 2000, Nicholson J); noted [2001] Butterworths Current Law 101; New Zealand Case Law Digest 5th series 3937, 4005, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Thomas v Removal Review Authority (High Court Auckland, AP39/2000, 26 October 2000, Justice Fisher); noted [2001] Butterworths Current Law 18, immigration case that cites the United Nations Convention on the Rights of the Child 1989 and the International Covenant on Civil and Political Rights 1966.
J v Police (High Court Christchurch, AP39/2000, 20 October 2000, Justice Panckhurst), sentencing case that cites the United Nations Convention on the Rights of the Child 1989.
Manutai [or Esau] v Minister of Immigration [High Court Wellington, AP320/98 & CP404/98, 5 October 2000, Justice Young); noted: [2000] Butterworths Current Law 1005; 23 The Capital Letter 47/7, immigration case that cites the United Nations Convention on the Rights of the Child 1989, the International Covenant on Civil and Political Rights 1966, and the First Optional Protocol to the International Covenant on Civil and Political Rights 1966.
Rahman v Minister of Immigration [or Rahman v Deportation Review Tribunal] (High Court Wellington, AP56/99 & CP49/99, 26 September 2000, Justice McGechan); noted: [2000] Butterworths Current Law 1003; 23 The Capital Letter 44/5; New Zealand Case Law Digest 5th series 3904, immigration case that cites the United Nations Convention on the Rights of the Child 1989, the International Covenant on Civil and Political Rights 1966, the First Optional Protocol to the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Cultural Rights 1966, and the Charter of the United Nations 1945.
McVeagh v Attorney-General (Court of Appeal, CA90/00, 24 August 2000, Justices Keith, Fisher and Cartwright); noted: [2000] Butterworths Current Law 873; 23 The Capital Letter 34/7; New Zealand Case Law Digest 5th series 3910, civil procedure case that cites the International Covenant on Civil and Political Rights 1966.
M v Minister of Immigration (High Court Wellington, AP84/99, 17 August 2000, Justice Goddard); noted: 23 The Capital Letter 39/4; New Zealand Case Law Digest 5th series 3828, immigration case that cites the United Nations Convention on the Rights of the Child 1989 and the International Covenant on Civil and Political Rights 1966.
McInnes v Minister of Transport (High Court Wellington, CP240/99, 3 July 2000, Justice McGechan); noted [2000] Butterworths Current Law 653; 23 The Capital Letter 32/3; New Zealand Case Law Digest 5th series 3780, transport case that cites the International Covenant on Civil and Political Rights 1966 and the United Nations Convention on Road Traffic 1949.
Roiri v Asure New Zealand Ltd (Employment Court, CC14A/00 & 14/00, 30 June 2000, Judge Palmer), employment case that cites the International Covenant on Civil and Political Rights 1966 and the International Labour Organisation Convention No 87: Freedom of Association and Protection of the Right to Organise 1948.
Greatbatch v New Zealand Police (High Court Auckland, T76/00, 27 June 2000, Justice Williams); noted: [2000] Butterworths Current Law 819, sentencing case that cites the International Covenant on Civil and Political Rights 1966.
Davies v Transport Accident Investigation Commission (High Court Wellington, CP304/99, 23 June 2000, Justice Heron); noted [2000] Butterworths Current Law 650; 23 The Capital Letter 31/10; New Zealand Case Law Digest 5th series 3831, civil procedure case that cites the Convention on International Civil Aviation 1994.
Faifai v The Chief Executive of the Department of Labour (High Court Wellington, AP217/99, 14 June 2000, Justice Young); noted: [2000] Butterworths Current Law 591, immigration case that cites the United Nations Convention on the Rights of the Child 1989.
Kumar v Minister of Immigration (High Court Wellington, AP101/99, 14 June 2000, Justice Young); noted: [2000] Butterworths Current Law 590, immigration case that cites the International Covenant on Civil and Political Rights 1966.
Naremanov v Refugee Status Appeals Authority (High Court Wellington, CP354/98, 7 April 2000, Justice Gendall); noted: [2000] Butterworths Current Law 461; 23 The Capital Letter 17/5, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951 and Protocol relating to the Status of Refugees 1967.
S v B (High Court Auckland, M180/99, 7 April 2000, Justice Randerson), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Naidu v Minister of Immigration (High Court Auckland, M1661-SW99, 28 March 2000, Justice Hansen); noted: [2000] Butterworths Current Law 434; 23 The Capital Letter 15/6, immigration case that cites the United Nations Convention on the Rights of the Child 1989.
Hasmeer & Hasmeer v Removal Review Authority (High Court Auckland, HC134/98 & M1733/98, 15 March 2000, Justice Nicholson); noted: [2000] Butterworths Current Law 248, 345; 23 The Capital Letter 14/4, immigration case that cites the United Nations Convention on the Rights of the Child 1989.
Singh v Attorney-General (High Court Auckland, M258/00, 15 March 2000, Justice Salmon); noted [2000] Butterworths Current Law 433; 23 The Capital Letter 14/4, immigration case that cites the United Nations Convention on the Rights of the Child 1989 and International Covenant on Civil and Political Rights 1966.
Tuisau’A v Chief Executive of the Department of Labour (High Court Wellington, AP215/98, 15 March 2000, Justice Wild), immigration case that cites the United Nations Convention on the Rights of the Child 1989.
K v Refugee Status Appeals Authority (High Court Auckland, M1586-SW99, 22 February 2000, Justice Anderson); noted [2000] Butterworths Current Law 237; 23 The Capital Letter 11/4; New Zealand Case Law Digest 5th series 3549, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951.
Lau’Ai v Removal Review Authority (High Court Wellington, AP156/98, 10 February 2000, Justice Wild); noted: 23 The Capital Letter 9/6, immigration case that cites the United Nations Convention on the Rights of the Child 1989.
Abu v Superintendent of Mt Eden Women’s Prison (High Court Auckland, M2086/99, 24 December 1999, Justice Potter); noted: [2000] Butterworths Current Law 236; 23 The Capital Letter 7/5, immigration case that cites the United Nations Convention relating to the Status of Refugees 1951, and notes that New Zealand’s right to turn away persons under s 128 of the Immigration Act 1987 is exercised with regard to international obligations.
Chung v Chinn (High Court Auckland, CIV2003-404-000042, 16 May 2003, Justice Laurenson); noted: [2003] Butterworths Current Law 607; 26 The Capital Letter 24/4, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Boyland v Boyland (Family Court Christchurch, FP009/1632/02, 15 May 2003, Judge McMeeken), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Mohebbi v Minister of Immigration (High Court Auckland, M436-PL03, 9 April 2003, Justice Harrison); noted: [2003] Butterworths Current Law 555; New Zealand Case Law Digest 5th Series 5559, immigration case that cites the International Covenant on Civil and Political Rights 1966 and the United Nations Convention on the Rights of the Child 1989.
International Housewares (New Zealand) Ltd v Seb Sa (High Court Auckland, CP395-SD01, 31 March 2003, Master Land); noted: 26 The Capital Letter 17/7; New Zealand Case law Digest 5th Series 5479, civil procedure case that cites the Sale of Goods (United Nations Convention) Act 1994, which gives the United Nations Convention on Contracts for the International Sale of Goods 1980 the force of law in New Zealand.
Han v Minister of Immigration (High Court Wellington, AP237/02, 18 March 2003, Justice Harrison); noted [2003] Butterworths Current Law 473; 26 The Capital Letter 16/4, New Zealand Case Law Digest 5th Series 5493, immigration case that cites the International Covenant on Civil and Political Rights 1966.
Collins v Lowndes (High Court Auckland, AP115-SW02, 6 March 2003, Justice Harrison); noted: [2003] Butterworths Current Law 352, 26 The Capital Letter 15/4, New Zealand Case Law Digest 5th Series 352, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
R v O’Brien (High Court New Plymouth, T6/02, 21 February 2003, Justice Priestly); noted [2003] Butterworths Current Law 315; 26 The Capital Letter 12/6; New Zealand Case Law Digest 5th Series 5410, criminal procedure case that cites the United Nations Convention on the Rights of the Child 1989.
TV3 Network Services Ltd v Ecpat New Zealand Inc (High Court Auckland, AP46/02, 20 December 2002, Justice Chambers); noted: [2003] Butterworths Current Law 208; 26 The Capital Letter 9/2; New Zealand Case Law Digest 5th Series 5300, censorship case that cites the United Nations Convention on the Rights of the Child 1989.
New Zealand Central Authority v Jongen (Family Court Auckland, FP004/463/02C, 30 September 2002, Judge Adams), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction 1980.
R v J (Court of Appeal, CA 401/01, 27 August 2002, President Gault, Justices Andersen and Glazebrook); noted: 25 The Capital Letter 34/8, criminal procedure case that cites the United Nations Convention on the Rights of the Child 1989.
Edwards v United States of America (Court of Appeal, CA6/01, 22 August 2002, Justices Blanchard, Tipping and Glazebrook); noted: [2002] Butterworths Current Law 875, extradition case that cites the extradition treaty between the United States of America and New Zealand.
Edwards v United States of America (Court of Appeal, CA6/02, 15 July 2002, Justices Keith, Fisher and Paterson); noted [2002] Butterworths Current Law 780; The Capital Letter 27/5; New Zealand Case Law Digest 5th Series 4964, extradition case that cites the extradition treaty between the United States of America and New Zealand.
Ka (Newmarket) Ltd v Hart (High Court Auckland, CP467-SD01, 4 July 2002, Justice Heath), civil procedure case that cites the Sale of Goods (United Nations Convention) Act 1994, which gives the United Nations Convention on Contracts for the International Sale of Goods 1980 the force of law in New Zealand.
R v Kaukasi (High Court Auckland, T014047, 4 July 2002, Justice Fisher); noted: [2002] Butterworths Current Law 799; 25 The Capital Letter 33/6, censorship case that cites the United Nations Convention on the Rights of the Child 1989.
R v Rawiri (High Court Auckland, T014047, 3 July 2002, Justice Fisher); noted [2002] Butterworths Current Law 735; 25 The Capital Letter 33/3, criminal procedure case that cites the International Covenant on Civil and Political Rights 1966 and the United Nations Standard Minimum Rules for the Administration of Justice.
Sylva v Minister of Immigration (High Court Auckland, M764-SW02, 1 July 2002, Justice Paterson); noted: [2002] Butterworths Current Law 744; New Zealand Case Law Digest 5th Series 4990, immigration case that cites the United Nations Convention Relating to the Status of Refugees 1951.
2 The period covered by the Yearbook is from 1 July to 30 June inclusive. In this inaugural issue, however, this section of the Yearbook seeks to provide a broader overview, namely a review of parliamentary, executive, and judicial activity during 2002-2003 yearbook interval and the immediately preceding parliamentary term. The two-week gap between the two periods appears to have been devoid of activity.
3 See Legislation Advisory Committee, Legislative Change: Guidelines on Process and Content, Report No. 6 (2 rev ed, 1991) 71-75. For a more recent and detailed list of Acts that implement New Zealand’s international obligations, see Legislation Advisory Committee, Guidelines on Process and Content of Legislation (2001) 183-201 (also found at <www.justice.govt.nz/lac/index.html> (6 May 2004); see also the Ministry of Justice’s database of New Zealand’s multilateral agreements at <www.justice.govt.nz/pubs/reports/1996/agreements/default.htm> (6 May 2004).
4 Ministry of Justice, Briefing Paper for the Minister of Justice (October 1996) 34. The briefing paper indicates that New Zealand’s legislative response to international developments in human rights contributed to this expansion. See above at 33. Between 1990 and 1996, Parliament passed several Acts to meet New Zealand’s commitment to various international human rights agreements (i.e., the New Zealand Bill of Rights Act 1990, the Privacy Act 1991, and the Human Rights Act 1993), which have influenced the content of legislation enacted after the Legislation Advisory Committee published its estimate.
5 See Mark Gobbi, ‘Drafting Techniques for Implementing Treaties in New Zealand’ (2000) 21 Statute Law Review 71, 73.
6 The total of 55 includes the components of two omnibus bills, one of which split into six separate amendment Acts when passed (see Transnational Organised Crime Bill), and the other which split into a host of separate amendment Acts when passed, of which five have implications for New Zealand’s international obligations (see Statute Amendment Bill (No 2)).
7 During the 1999-2002 parliamentary term, 271 bills came before the House of Representatives (190 Government bills, of which 45 were carried over from the previous term; 62 member’s bills, of which 22 were carried over from the previous term; 11 local bills, of which two were carried over from the previous term; and eight private bills, of which one was carried over from the previous term). Office of the Clerk of the House of Representatives, Provisional Schedule of Business for the Forty-Sixth Parliament (2002).
8 New Zealand Parliamentary Debates, Pink 80, Tuesday 11 June 2002.
9 The procedures are set out in the Cabinet Manual at <www.dpmc.govt.nz/cabinet/manual/index.html> (6 May 2004) paras 3.36-3.37, 5.83-5.91; and in the Standing Orders of the House of Representatives (as amended 16 December 2003) paras 382-385. For a discussion of the procedures and recent refinements to them, see Allen Bracegirdle, ‘Domestic Procedures for International Treaty Actions: Description of New Zealand Procedures’ (2003) 14 Public Law Review 28; ‘International Treaty Examination Process’, a paper presented by the Ministry of Foreign Affairs and Trade at its International Treaty Making Seminar in Wellington (11 December 2002); Foreign Affairs, Defence and Trade Committee, Review of the International Treaty Examination Process, I.4E (1999). For a discussion of the origin of the procedures, see Mark Gobbi, ‘Enhancing Public Participation in the Treaty-Making Process: An Assessment of New Zealand’s Constitutional Response’ (1998) Tulane Journal of International and Comparative Law 57.
10 See Cabinet Manual, above n 9, para 5.91. The Executive also operates under the principle that legislation introduced in the House of Representatives should be consistent with New Zealand’s international obligations. See Cabinet Manual, above n 9, para 5.35.
11 See eg, International Treaty Examination of the 1989 International Convention Against the Recruitment, Use, Financing and Training of Mercenaries, Foreign Affairs, Defence and Trade Committee (presented 17 May 2002).
12 For a list of these Acts, see Legislation Advisory Committee (2001), above n 3, 198.
13 The total of 43 includes the following 12 parts of the Maritime Rules: Part 25, Part 31A, Part 31B, Part 31C, Part 40B, Part 40D, Part 42A, Part 42B, Part 43, Part 45, Part 49, and Part 53.
14 Parliament has given the Executive the power to make treaty-implementing regulations that override parliamentary enactments in a handful of cases, an uncommon practice that is governed by recently articulated principles. See Government Response to Report of the Regulations Review Committee on Inquiry into Regulation-Making Powers that Authorise International Treaties to Override any Provisions of New Zealand Enactments, A.5 (2002); Regulations Review Committee, Inquiry into Regulation-Making Powers that Authorize International Treaties to Override any Provisions in New Zealand Enactments, I.16H (12 March 2002).
15 The Ministry of Foreign Affairs and Trade is responsible for preparing the New Zealand’s periodic reports on the International Covenant on Civil and Political Rights 1966, the International Covenant on Economic, Social and Cultural Rights 1966, the International Convention on the Elimination of All Forms of Racial Discrimination 1965, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984. The Ministry of Women’s Affairs has this responsibility with respect to the Convention on the Elimination of All Forms of Discrimination Against Women 1979, while the Ministry of Youth Affairs has it with respect to the United Nations Convention on the Rights of the Child 1989. The reports are based on information provided by government departments and agencies. Core Document Forming Part of the Reports of State Parties: New Zealand, HRI/CORE/1/Add.33/Rev.2 (16 October 2002) para 103.
16 See generally at <www.mfat.govt.nz/foreign/humanrights/reports/nztreatybodyreports.html> (6 May 2004).
17 Consideration of Reports Submitted by State Parties under Article 19 of the Convention: Third period reports of States parties due in 1999: Addendum: New Zealand, CAT/C/49/Add.3 (9 August 2002).
18 Consideration of Reports Submitted by States Parties Under Article 20 of the Convention: Fourth period report of States parties due in 1995: New Zealand, CCPR/C/NZL/2001/4 (14 May 2001).
19 Reports Submitted by States Parties under Article 9 of the Convention: Fourteenth period report of States parties due in 1999: Addendum: New Zealand, CERD/C/362/Add.10 (23 October 2001).
20 This report was presented on 4 October 2002. See <www.mwa.govt.nz/cont_wk.html#cedaw> (6 May 2004). It covers the period from February 1998 to February 2002. See <www.mfat.govt.nz/foreign/humanrights/conventions/cedaw.html> (6 May 2004).
21 This report was presented on 18 September 2003. It covers the period from November 1995 to September 2000. See <http://www.myd.govt.nz/sec.cfm?i=2> (6 May 2004). See <www.mfat.govt.nz/foreign/humanrights/conventions/uncroc.html> (6 May 2004).
22 Implementation of the International Covenant on Economic, Social and Cultural Rights: Second period reports submitted by States parties articles 16 and 17 of the Covenant: Addendum: New Zealand, E/1990/6Add.33 (16 October 2001).
23 Ibid para 176.
24 Ibid para 183. Section 3(b) of the Employment Relations Act 2000 states that the object of the Act is, among other things, “to promote observance in New Zealand of the principles underlying International Labour Organisation Convention 87 on Freedom of Association”.
25 See <www.mfat.govt.nz/foreign/humanrights/statements/icescrstatement.html> (6 May 2004).
26 This figure excludes those cases that do not expressly cite the international agreements that the applicable legislation implemented (eg, bill of rights cases that do not cite the International Covenant on Civil and Political Rights 1966).
27 For discussions of earlier NZLR cases, see Mark Gobbi, ‘Making Sense of Ambiguity: Some reflections on the use of treaties to interpret legislation in New Zealand’ (2002) 23 Statute Law Review 47, 51-56; Gobbi, above n 9, 90-100; see also David Dyzenhaus, Murray Hunt, and Michael Taggart, ‘The Principle of Legality in Administrative Law: Internationalisation as Constitutionalisation’ (2001) Oxford University Commonwealth Law Journal 5, 7-10; James Allen, ‘Statutory Interpretation and the Courts’ (1999) 18 New Zealand Universities Law Review 439, 440.
28 Although the most frequently cited international agreement, the reference to the International Covenant on Civil and Political Rights 1966 appears to be educative rather than determinative in most cases. For example, 18 NZLR cases referenced the Covenant during the 1999-2002 parliamentary term; however, only 2 used it in some way to resolve the issues under consideration. See generally McVeagh v Attorney-General [2001] NZHC 435; [2001] 3 NZLR 566 (HC) and Moonen v Film and Literature Board of Review [1999] NZCA 329; [2000] 2 NZLR 9 (CA). With respect to the other international agreements cited, the determinative uses outnumber the educative.
29 See Mai Chen, ‘Unfinished Business? The Evolving Role of Parliament in Executive Treaty Making in New Zealand’, Australian and New Zealand Society of International Law, American Society of International Law 2000, Proceedings of Joint Meeting, 227-263; Gobbi, above n 9; New Zealand Law Commission The Treaty Making Process: Reform and the Role of Parliament: R45 (Wellington, 1997); Mark Gobbi and Mauro Barsi, ‘New Zealand’s Treaty-Making Process: Understanding the Pressures and Proposals for Reform (Draft No 3)’ (Ministry of Justice, Wellington, 1997); Clerk of the House of Representatives, ‘Treaties and the House of Representatives’ in Annex D of the Report of the Standing Orders Committee on its Review of the Operation of Standing Orders, I.18B (June 1996). During the 1999-2002 parliamentary term, various political parties outside of Government, but with a presence in the House of Representatives, put forward member’s bills that provided that the Executive may not ratify a treaty without prior parliamentary approval, all of which failed. ACT’s bill was entitled the Treaties (Parliamentary Approval and Treaties Information) Bill, the Alliance’s bill was entitled the New Zealand International Legal Obligations Bill, and the Greens’ bill was entitled the International Treaties Bill. For a discussion of the International Treaties Bill, which garnered parliamentary attention, see Foreign Affairs, Defence and Trade Committee, Report on the International Treaties Bill, No. 67−1 (25 November 2002); Foreign Affairs, Defence and Trade Committee, Second Interim Report on the International Treaties Bill, No. 67−1 (14 December 2001); Foreign Affairs, Defence and Trade Committee, Interim Report on the International Treaties Bill, I.4D (2001); Mai Chen, ‘A Constitutional Revolution? The Role of the New Zealand Parliament in Treaty-Making’ (2001) New Zealand Universities Law Review 448, 450-451, 465-469; see also Bracegirdle, above n 9, 35.
30 This Committee also considered the Climate Change Response Bill, which implemented the Protocol. The Committee received some submissions that argued that several provisions in the Bill breached s 21 of the New Zealand Bill of Rights Act 1990 (which provides that everyone has the right to be secure against unreasonable search or seizure), even though the bill had been vetted and found to be consistent with the Act before its introduction. The Committee asked for a copy of, or a briefing on, this vet, but the Attorney-General declined on the grounds of legal privilege, which left the Committee without the means to determine whether or not the vet was sufficient to meet the concerns raised in the submissions. In its report on the Bill, the Committee stated “we believe that arrangements to assure Parliament about proposed legislation’s compliance with the Bill of Rights Act should be reviewed”. Climate Change Response Bill 212−2, as reported from the Foreign Affairs, Defence and Trade Committee (2002) 13-15. Subsequently, the Attorney-General decided that all vets from 1 January 2003 would be made publicly available on the Ministry of Justice website. See <www.justice.govt.nz/bill-of-rights/ >(6 May 2004).
31 Of this legislation, 6 items were carried over from the 1996-1999 parliamentary term, namely: the Bail Bill, the Crimes Amendment Bill (No. 6), the Fisheries Amendment Bill (No. 2), the Intellectual Disabilities (Compulsory Care) Bill, the Legal Services Bill, and the Radiocommunications Amendment Bill. Hansard (5 October 1999). See <http://rangi.knowledge-basket.co.nz/hansard/han/text/1999/10/05_260.html> (6 May 2004).
32 The Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Bill was renamed the Genetically Modified Organisms and Restricted Biotechnical Procedures Bill, which split into 2 Acts: the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 and the Medicines (Restricted Biotechnical Procedures) Amendment Act 2002.
33 The Terrorism Suppression Act 2002 was named the Terrorism (Bombing and Financing) Bill when it was introduced.
34 [1999] NZCA 329; [2000] 2 NZLR 9 (CA).
35 This list of regulations does not include commencement orders for Acts that implement international obligations (eg, International Crimes and International Criminal Court Act Commencement Order 2002, Hazardous Substances and New Organisms Act Commencement Order 2001 (No 2), Hazardous Substances and New Organisms Amendment Act Commencement Order 2000).
36 This list of regulations does not include commencement orders for Acts that implement international obligations (eg, Civil Aviation Amendment Act 2002 Commencement Order 2003, Climate Change Response Act Commencement Order 2003, Extradition Amendment Act Commencement Order 2003, Maritime Transport Act Commencement Order 2003, Mutual Assistance in Criminal Matters Amendment Act Commencement Order 2003, Pitcairn Trails Act Commencement Order 2003, Trade Marks Act 2002 Commencement Order 2003, and Terrorism Suppression Act Commencement Order 2002).
37 See Dairy Containers Ltd v The Ship “Tasman Discoverer” [2002] 1 NZLR 265 (HC).
38 The Court of Appeal upheld this decision in McVeagh v Attorney-General [2001] NZCA 383; [2002] 1 NZLR 808, 817 (CA).
39 New Zealand Air Line Pilots’ Association Inc v Attorney-General [1997] 3 NZLR 269, 289. For discussions of this case, see Gobbi, above n 9, 97-98; Gobbi, above n 27, 56.
40 Upheld the decision in McVeagh v Attorney-General [2001] NZHC 435; [2001] 3 NZLR 566 (HC).
41 Simpson v Attorney-General (Baigent’s Case) [1994] NZCA 287; [1994] 3 NZLR 667 (CA). For a discussion of this case, see Gobbi, above n 9, 94-95.
Treaty Action and Implementation
New Zealand Yearbook of International Law
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
International Covenant on Civil and Political Rights 1966
|
CA: 13
HC: 5
|
PC: 1
HC: 5
DC: 1
|
CA: 1
HC: 12
EC: 1
|
PC: 1
CA: 14
HC: 22
DC: 1
EC: 1
|
39
|
|
United Nations Convention on the Rights of the Child 1989
|
HC: 1
|
CA: 2
HC: 6
DC: 2
FC: 8
|
HC: 12
ET: 1
|
CA: 2
HC: 19
DC: 2
FC: 8
ET: 1
|
32
|
|
Hague Convention on the Civil Aspects of International Child Abduction
1980
|
CA: 1
|
HC: 5
DC: 2
FC: 9
|
HC: 2
FC: 5
|
CA: 1
HC: 7
DC: 2
FC: 14
|
24
|
|
United Nations Convention Relating to the Status of Refugees
1951
|
CA: 2
|
HC: 4
DC: 1
|
HC: 5
|
CA: 2
HC: 9
DC: 1
|
12
|
|
Universal Declaration of Human Rights 1948
|
CA: 3
HC: 2
|
DC: 1
|
|
CA: 3
HC: 2
DC: 1
|
6
|
|
Extradition treaty with United States
|
CA: 1
HC: 1
|
DC: 1
|
HC: 3
|
CA: 1
HC: 4
DC: 1
|
6
|
|
Protocol relating to the Status of Refugees 1967
|
CA: 1
|
HC:1
|
HC: 3
|
CA: 1
HC: 4
|
5
|
|
First Optional Protocol to the International Covenant on Civil and
Political Rights 1966
|
PC: 1
|
HC: 1
|
HC: 2
|
PC: 1
HC: 3
|
4
|
|
Vienna Convention on the Law of Treaties 1969
|
CA: 2
|
FC: 1
|
CA: 1
|
CA: 3
FC: 1
|
4
|
|
United Nations Convention on Contracts for the International Sale of
Goods 1980
|
CA: 1
|
|
CA: 1
HC: 2
|
CA: 2
HC: 2
|
4
|
|
Convention on the Protection of Children and Co-operation in respect of
Intercountry Adoption 1993
|
|
HC: 1
DC: 1
FC: 1
|
|
HC: 1
DC: 1
FC: 1
|
3
|
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
Extradition treaty with Germany
|
|
CA: 1
HC: 1
DC: 1
|
|
CA: 1
HC: 1
DC: 1
|
3
|
|
Chicago Convention on International Civil Aviation 1994
|
|
HC: 1
|
HC: 2
|
HC: 3
|
3
|
|
International Convention for the Unification of Certain Rules of Lading
1924
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
International Convention on the Harmonized Commodity Description and
Coding System 1983
|
CA: 1
|
|
HC: 1
|
CA: 1
HC: 1
|
2
|
|
Protocol on Arbitration clauses 1923
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
Convention on the Execution of Foreign Arbitral Awards 1927
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
1958
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
United Nations Convention on Road Traffic 1949
|
|
|
HC: 2
|
HC: 2
|
2
|
|
Extradition treaty with Hong Kong
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
Unnamed international obligations
|
CA: 1
HC: 1
|
|
|
CA: 1
HC: 1
|
2
|
|
Charter of the United Nations 1945
|
|
|
HC: 1
|
HC: 1
|
1
|
|
International Covenant on Civil Aviation 1944
|
HC: 1
|
|
|
HC: 1
|
1
|
|
Convention on the Carriage of Goods by Sea 1978
|
HC: 1
|
|
|
HC: 1
|
1
|
|
Rio Declaration on Environment and Development 1992
|
HC: 1
|
|
|
HC: 1
|
1
|
|
General Agreement on Tariffs and Trade 1994
|
|
|
CA: 1
|
CA: 1
|
1
|
|
General Agreement on Tariffs and Trade 1979
|
|
|
CA: 1
|
CA: 1
|
1
|
|
Convention on Nomenclature for the Classification of Goods in Customs
Tariffs 1950
|
CA: 1
|
|
|
CA: 1
|
1
|
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
UNIDROIT Principles of International Commercial Contract 1994
|
CA: 1
|
|
|
CA: 1
|
1
|
|
International Labour Organisation Convention No 87: Freedom of
Association and Protection of the Right to Organise 1948
|
|
|
EC: 1
|
EC: 1
|
1
|
|
International Covenant on Economic, Social and Cultural Rights
1966
|
HC: 1
|
|
|
HC: 1
|
1
|
|
Optional Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography 2000
|
|
HC: 1
|
|
HC: 1
|
1
|
|
United Nations Declaration on Social and Legal Principles relating to
the Protection and Welfare of Children with special reference
to Foster
Placement and Adoption Nationally and Internationally 1986
|
HC: 1
|
|
|
HC: 1
|
1
|
|
United Nations Convention of the Recovery of Maintenance Abroad
1956
|
|
FC: 1
|
|
FC: 1
|
1
|
|
International Convention for Safety of Life at Sea 1950
|
|
|
HC: 1
|
HC: 1
|
1
|
|
International Convention for the Safety of Life at Sea Regulations
1950
|
|
|
HC: 1
|
HC: 1
|
1
|
|
Rome Convention
|
|
|
ERA: 1
|
ERA: 1
|
1
|
|
Brussels Convention on Jurisdiction and the Enforcement of Judgments in
Civil and Commercial Matters 1968
|
|
|
HC: 1
|
HC: 1
|
1
|
|
Extradition treaty with United Kingdom
|
CA: 1
|
|
|
CA: 1
|
1
|
|
Extradition treaty with Tonga
|
|
|
HC: 1
|
HC: 1
|
1
|
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
Commissioner for Refugees’ Handbook on Procedures and Criteria for
Determining Refugee Status 1992
|
|
|
HC: 1
|
HC: 1
|
1
|
Subtotals |
PC: 1
CA: 34
HC: 20
|
PC: 1
CA: 3
HC: 26
DC: 10
FC: 20
|
CA: 5
HC: 52
FC: 5
EC: 2
ET: 1
ERA: 1
|
PC: 2
CA: 42
HC: 98
DC: 10
FC: 25
EC: 2
ET: 1
ERA: 1
|
|
Grand Totals |
55
|
60
|
66
|
181
|
181
|
1. During 1999-2002 Parliamentary Term
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
United Nations Convention on the Rights of the Child 1989
|
CA: 1
HC: 3
|
HC: 1
|
CA: 1
HC: 4
|
CA: 2
HC: 8
|
10
|
|
Hague Convention on the Civil Aspects of International Child Abduction
1980
|
HC: 3
|
FC: 2
|
HC: 2
FC: 2
|
HC: 5
FC: 4
|
9
|
|
International Covenant on Civil and Political Rights 1966
|
HC: 1
|
CA: 2
HC: 1
|
HC: 3
|
CA: 2
HC: 5
|
7
|
|
Extradition treaty with the United States of America
|
CA: 1
|
|
CA: 2
|
CA: 3
|
3
|
|
United Nations Convention Relating to the Status of Refugees 1951
|
CA: 1
|
|
HC: 1
|
CA: 1
HC: 1
|
2
|
|
United Nations Convention on Contracts for the International Sale of Goods
1980
|
|
|
HC: 2
|
HC: 2
|
2
|
|
Protocol Relating to the Status of Refugees 1967
|
CA: 1
|
|
|
CA: 1
|
1
|
|
Convention on International Civil Aviation 1944
|
CA: 1
|
|
|
CA: 1
|
1
|
|
Berne Convention for the Protection of Literary and Artistic Works
1971
|
HC: 1
|
|
|
HC: 1
|
1
|
|
International Obligations
|
NZLR
|
Other
|
Unrep
|
All
|
Total
|
|
Universal Declaration of Human Rights 1948
|
HC: 1
|
|
|
HC: 1
|
1
|
|
Agreement on Trade Related Aspects of Intellectual Property Rights in the
General Agreement on Trade and Tariff 1994
|
CA: 1
|
|
|
CA: 1
|
1
|
|
Convention on the Protection of Children and Co-operation in respect of
Intercountry Adoption 1993
|
FC: 1
|
|
|
FC: 1
|
1
|
|
United Nations High Commissioner for Refugees Guidelines on Applicable
Criteria and Standards Relating to the Detention of Asylum
Seekers 1999
|
CA: 1
|
|
|
CA: 1
|
1
|
|
United Nations Standard Minimum Rules for the Administration of
Justice
|
|
|
HC: 1
|
HC: 1
|
1
|
|
Subtotals
|
CA: 7
HC: 9
FC: 1
|
CA: 2
HC: 2
FC: 2
|
CA: 3
HC: 13
FC: 2
|
CA: 12
HC: 24
FC: 5
|
|
|
Grand Totals
|
17
|
6
|
18
|
41
|
41
|
Key: PC = Privy Council, CA = Court of Appeal, HC = High Court, DC = District Court, FC = Family Court, EC = Employment Court, ET = Employment Tribunal,
ERA = Employment Relations Authority.
* The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed herein are the author’s own and cannot be attributed to the Parliamentary Counsel Office or the Attorney General.
1 The 1999-2002 parliamentary term began on 20 December 1999 and ended on 18 June 2002 when Parliament was dissolved for early elections that were held on 27 July 2002. See Order Paper No. 1 (Monday 20 December 1999). The general election for the 1999-2002 parliamentary term was held on 27 November 1999, but the resulting Labour-Alliance Government did not begin to enact legislation with implications for New Zealand’s international obligations until 2000.
Distribution of References to International Agreements Among
Various Courts, and among NZLR Cases, Other Reported Cases, and Unreported Cases
1. During the 1999-2002 Parliamentary Term
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