Gobbi, M --- "Treaty Action and Implementation" [2005] NZYbkIntLaw 14; (2005) 2 New Zealand Yearbook of International Law 357

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This piece documents the governmental activity undertaken to implement New Zealand’s international obligations during the current interval.^[1] It concludes that the level of activity in the current interval was greater than in the previous interval. This Part summarises that activity and compares it with the activity undertaken during the previous interval.^[2]

A. Parliamentary Activity

1. Acts of Parliament and Treaty Examination Reports

During the current interval, Parliament enacted 28 Bills with implications for New Zealand’s international obligations. Twelve simply amended Acts that had implemented treaties, five improved compliance with treaties that had already been implemented, and 11 implemented nine new treaties.^[3] Twenty-seven of these Acts involved multilateral treaties, while the remaining one involved a bilateral arrangement.

In terms of Acts of Parliament, this level of activity is 1.6 times greater than the previous interval. However, in terms of new treaties implemented, the level of activity is similar (one more Act and two more treaties). During the previous interval, Parliament enacted 18 Bills with implications for New Zealand’s international obligations. Five simply amended Acts that had implemented treaties, three improved compliance with treaties that had already been implemented, and 10 implemented seven new treaties (plus one security council resolution and one model law).^[4] Fifteen of these Acts involved multilateral treaties, while the remaining three involved bilateral treaties.

During the current interval, the House of Representatives considered 11 select committee reports on treaties, one of which dealt with six treaties (17 treaties in all). Eight of these reports gave a positive pro forma response to the treaty or treaties examined (ie, “no matters to bring to the attention of the House”). Public submissions did not feature in these reports. Three reports brought matters to the attention of the House; public submissions featured in two of them. Only one warranted a Government response. In this case, the relevant select committee took the unusual step of recommending that the Government not enter into the treaty in question unless the required implementing legislation resolved a number of issues that the select committee raised.^[5]

In terms of reports, this level of activity is nearly double that of the previous interval. In terms of treaties examined, this level of activity is nearly three times that of the previous interval. During the previous interval, the House of Representatives considered six select committee reports (six treaties in all). 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.^[6] Public submissions did not feature in these reports.

2. Most Treaties Now Examined by the Foreign Affairs, Defence and Trade
Committee

When the present treaty examination process was initially proposed, consideration was given to whether one select committee should examine all treaties tabled in the House of Representatives. Consideration was also given to whether the select committees with the appropriate subject matter expertise should examine treaties that fell within the scope of their expertise. The Foreign Affairs, Defence and Trade Committee, which considered this matter, made the following suggestion:^[7]

In its subsequent review of the new treaty examination process, the Foreign Affairs, Defence and Trade Committee recommended that the Standing Orders of the House of Representatives be amended to include the following provision:^[8]

The House of Representatives adopted this recommendation in a modified form. Its Standing Orders provide as follows:^[9]

Despite initial practice, the Foreign Affairs, Defence and Trade Committee usually carries out the examination. Between 30 June 1999 and 16 June 2000, 14 treaties were examined. The Foreign Affairs, Defence and Trade Committee examined three of these treaties while other select committees examined the remaining 11.^[10] However, from 16 June 2000 to the previous interval, the Foreign Affairs, Defence and Trade Committee produced 28 treaty examination reports while other committees produced three.^[11] During the previous interval, the Foreign Affairs, Defence and Trade Committee authored all six of the reports that were produced.^[12] During the current interval, it produced nine reports while other committees produced two.^[13]

B. Executive Activity

During the current interval, the Executive made 55 regulations that implemented New Zealand’s international obligations. Four of these regulations concerned the incorporation of foreign national or international standards, three implemented bilateral arrangements, and 10 implemented bilateral treaties, while the remaining 36 implemented multilateral agreements. Nineteen gave effect to various maritime agreements, seven brought in rules with respect to certain taxation agreements, five concerned the implementation of United Nations Security Council resolutions, four concerned compliance with international standards or agreements regarding hazardous substances, three dealt with trans-Tasman mutual recognition, two implemented international obligations regarding diplomatic privileges, two adjusted compliance with agreements that deal with fishing quotas, two concerned compliance with international agreements regarding radiocommunications, two dealt with extradition, two concerned maritime security, and the remaining seven covered a range of subjects governed by international agreements or standards (ie, customs, electricity, international criminal court, food, social welfare, trade in endangered species, and transport).

This level of activity is a little over six times that of the previous interval. During the previous interval, the Executive made nine regulations that implement New Zealand’s international obligations. Three concerned the implementation of bilateral agreements, while the remaining six implemented multilateral agreements. They mainly dealt with technical matters (eg, fishing quotas, double taxation rules, and minimum energy efficient standards).^[14]

During the current interval, the Executive was involved in 47 treaty actions with respect to 15 multilateral treaties and 18 bilateral treaties. Of the 15 multilateral treaties, the Executive ratified two, signed four, and acceded to one. Ten came into force. Of the 18 bilateral treaties, the Executive signed six and exchanged notes with respect to 11. Twelve came into force. It also submitted the following periodic report to the United Nations:^[15] New Zealand’s Initial Report with respect to the Optional Protocol to the Convention on the Rights of the Child (involvement of children in armed conflict).^[16]

This level of activity is similar to the level of activity that took place during the previous interval. During the previous 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. No periodic reports were made.^[17]

C. Judicial Activity

During the current interval, the judiciary delivered 43 judgments that referenced New Zealand’s international obligations. Nine of these judgments were reported in the New Zealand Law Reports series; the Privy Council delivered one, the Court of Appeal seven, and the High Court 11. Twelve were reported in other series; the Court of Appeal delivered three, the High Court seven, and the Family Court two. Twenty-eight were unreported; the Privy Council delivered one, the Court of Appeal three, the High Court 16, and the Family Court two.

Of these 43 judgments, fifteen dealt with custody matters and eleven dealt with immigration matters. Five dealt with contracts, five with civil procedure, three with criminal procedure, two with censorship, and one with employment. These judgments referred to 23 different international agreements (three of which do not have New Zealand as a party), one model law, and one set of rules. In total, these judgments have 61 references. In these cases, the most frequently cited international agreements are Hague Convention on the Civil Aspects of International Child Abduction (1980) (11 references), the International Covenant on Civil and Political Rights (1966) (nine references), the Convention relating to the Status of Refugees (1951) (eight references), and the Convention of the Rights of the Child (1989) (five references). One other international agreement is referenced by three cases and another five are referenced by two cases. Fifteen others are referenced by one case.

In terms of the number of judgments delivered, the level of activity is similar to the level of activity that took place during the previous interval. In terms of the number of references to international agreements, however, the level of activity is 1.3 times greater. During the previous interval, the judiciary delivered 40 judgments that referenced New Zealand’s international obligations.^[18] Seventeen of these judgments were reported in the New Zealand Law Reports series; the Court of Appeal delivered nine and the High Court eight. 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.

Of these 40 judgments, eleven dealt with custody matters and eight dealt with criminal procedure matters. Four dealt with immigration, three with extradition, three with censorship, three with civil procedure, two with intellectual property, one with privacy, one with paternity, one with adoption, one with protection orders, one with contract, and one with accident compensation. These judgments referred to 14 different international agreements, one set of guidelines, and one set of rules. In total, these judgments have 47 references. In these cases, the most frequently cited international agreements are the Convention of the Rights of the Child (1989) (12 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) (nine references). One other international agreement is referenced by three cases and another two are referenced in two cases. Twenty-one others are referenced by one case.

D. Conclusion

International agreements continue to be an important source of law in New Zealand. During the current interval, as was the case in the previous interval, all three branches of the government participated extensively in the implementation of New Zealand’s international obligations. Each measure used in this account has shown that the level of activity of the current interval has either matched or surpassed the level of activity of the previous interval. On the whole, the level of activity of the current interval exceeds that of the previous interval.

II. Treaty Action

This Part sets out the treaty actions taken by the Executive during the current interval. It also sets out the reports on treaties that the Executive tabled in the House during the current interval.

A. Executive Treaty Action^[19]

1. Multilateral Treaties

Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed on 23 September 2003)

United Nations Convention against Transnational Organized Crime (entered into force on 29 September 2003)

Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) (entered into force on 2 November 2003)

United Nations Convention Against Corruption (signed at Merida on 9 December 2003)

Protocol to Prevent, Suppress and Punish Trafficking in Person, Especially Women and Children, Supplementing the United Nations Convention Against Trans-national Organised Crime (entered into force on 25 December 2003)

Agreement on the International Organisation of Vine and Wine (ratified on 1 January 2004; entered into force on 1 January 2004)

Amendments to the annex to the International Convention for the Safety of Life at Sea 1974 (accepted on 1 January 2004)

World Health Organization Framework Convention on Tobacco Control (ratified on 27 January 2004)

Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the United Nations Convention Against Trans-national Organized Crime (entered into force on 28 January 2004)

Agreement on Conservation of Albatrosses and Petrels (entered into force on 1 February 2004)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in international trade (ratified 23 September 2003; entered into force on 24 February 2004)

Agreement on the Privileges and Immunities of the International Criminal Court (ratified on 13 April 2004)

Right to Organise and Collective Bargaining Convention (ILO 98) (entered into force on 9 June 2004)

Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (entered into force on 19 June 2004)

2. Bilateral Treaties

Agreement between the Government of New Zealand and the Government of the Socialist Republic of Viet Nam (signed at Ha Noi on 17 October 2003; concluded by third person note on 10 November 2003; entered into force on 18 March 2004)

Agreement between the Government of New Zealand and the Government of the Federative Republic of Brazil on the Performance of Remunerated Activity by Dependents of Personnel of Diplomatic, Consular, Administrative, Military and Technical Staff (concluded by third person note on 2 March 2004; entered into force on 27 March 2004)

Agreement between the Commission of the European Communities and the Government of New Zealand on the Establishment and the Privileges and Immunities of the Delegation of the Commission of the European Communities in New Zealand (concluded by third person note on 8 April 2004; entered into force on 8 April 2004)

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) (entered into force on 4 July 2003)

Protocol concerning the Bougainville Transition Team made pursuant to the Agreement, done at Port Moresby on 5 December 1997, between Australia, Papua New Guinea, Fiji, New Zealand and Vanuatu concerning the neutral truce monitoring group for Bougainville, as amended by the Protocol, done at Port Moresby on 29 April 1998 (concluded by third person note on 16 July 2003; entered into force on 16 July 2003)

Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa, and Tonga concerning the operations and status of the police and armed forces and other personnel deployed to Solomon Islands to assist in the restoration of law and order and security (concluded by third person note on 24 July 2003; entered into force on 24 July 2003)

Agreement between the Government of New Zealand and the Government of Australia Relating to Air Services (concluded by third person note on 25 August 2003; entered into force on 25 August 2003)

Air Transport Agreement between New Zealand and the Kingdom of Spain (concluded by third person note on 16 September 2003; entered into force on 16 September 2003)

Agreement between the Government of New Zealand and the Government of the United Arab Emirates for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (with Protocol) (signed at Dubai on 22 September 2003)

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Oriental Republic of Uruguay (concluded by third person note on 25 July 2003; entered into force on 1 October 2003)

Agreement on Consular Relations between New Zealand and the People’s Republic of China (signed at Auckland on 26 October 2003)

Protocol to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (concluded by third person note on 10 September 2003; entered into force on 1 November 2003)

Agreement between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland to Amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains (signed at London on 4 November 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 (concluded by third person note on 11 November 2003; entered into force on 12 November 2003)

Agreement between the Government of New Zealand and the Government of Italian Republic regarding the employment of co-habiting dependents of diplomatic, consular and technical/administrative personnel (signed at Rome on 4 December 2003)

Agreement between the Government of New Zealand and the Government of Australia for the Establishment of a Joint Scheme for the Regulation of Therapeutic Products (signed at Wellington on 10 December 2003)

Convention between the Republic of Chile and New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (signed at Wellington on 10 December 2003)

B. Reports on Treaties Tabled in the House of Representatives

1. Reports Where no Matters were Drawn to the Attention of the House

Report on International Treaty Examination of the Convention Establishing an International Organisation of Legal Metrology; Foreign Affairs, Defence and Trade Committee (presented 25 July 2003)

Report on International Treaty Examination of the Removal of Reservations on Paid Parental Leave to the Convention on the Elimination of All Forms of Discrimination Against Women; Foreign Affairs, Defence and Trade Committee (presented 4 August 2003)

Report on International Treaty Examination of the Removal of Reservations on Paid Parental Leave to the International Covenant on Economic, Social and Cultural Rights; Foreign Affairs, Defence and Trade Committee (presented 4 August 2003)

Report on International Treaty Examination of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; Foreign Affairs, Defence and Trade Committee (presented 15 August 2003)

Report on International Treaty Examination of the Agreement between Solomon Islands, Australia, New Zealand, Fiji, Papua New Guinea, Samoa, and Tonga Concerning the Operations and Status of the Police and Armed Forces and Other Personnel Deployed to Solomon Islands to Assist in the Restoration of Law and Order and Security; Foreign Affairs, Defence and Trade Committee (presented 29 August 2003)

Report on International Treaty Examination of the Agreement Establishing the International Organisation of Vine and Wine; Foreign Affairs, Defence and Trade Committee (presented 7 November 2003)

Report on International Treaty Examination of the Termination of the Agreement for the Creation in Paris of an International Wine Office; Foreign Affairs, Defence and Trade Committee (presented 7 November 2003)

Report on International Treaty Examination of the Taxation Agreements with the Republic of South Africa, the United Arab Emirates, the Republic of Chile, the United Kingdom of Great Britain and Northern Ireland, the Republic of the Philippines, and the Kingdom of the Netherlands; Finance and Expenditure Committee (presented 27 February 2004) [covers six similar treaties]

2. Reports Where Matters were Drawn to the Attention of the House

Report on International Treaty Examination of the World Health Organization Framework Convention on Tobacco Control; Foreign Affairs, Defence and Trade Committee (presented 11 December 2003)

The Committee noted that it received a submission that ratification of the Convention could be problematic with respect to the trans-Tasman mutual recognition agreement should Australia not ratify the Convention (or fail to ratify it) by the time its packaging and labelling requirements take effect in New Zealand. The Committee answered the submission by noting that the Trans-Tasman Mutual Recognition Act 1997 contains provisions that can be used to exclude Australian tobacco products that do not comply with the packaging and labelling requirements of the Convention.

Report on International Treaty Examination of the 1961 Convention on the Reduction of Statelessness; Foreign Affairs, Defence and Trade Committee (presented 8 March 2004):

New Zealand’s citizenship laws already comply with most of the provisions of the Convention. Only two minor amendments to the Citizenship Act 1977 are required to enable New Zealand to comply with all of the provisions. The first amendment would prevent the withdrawal of citizenship procured by mistake if Statelessness would result. The second amendment would allow a person, who would otherwise be Stateless, to acquire citizenship if at least one parent is a New Zealander by descent.

Report on International Treaty Examination of the Agreement Between the Government of New Zealand and the Government of Australia for the establishment of a Joint Scheme for the Regulation of Therapeutic Products; Health Committee (presented 18 June 2004) [16 submissions,

III. LEGISLATION RELATED TO NEW ZEALAND’S
INTERNATIONAL OBLIGATIONS

This Part sets out the legislation dealt with during the current interval that concerns New Zealand’s international obligations. It is divided into two sections, the first listing the Acts that were enacted and the second listing the regulations that were made.

A. Acts of Parliament

Acts of Parliament relating to New Zealand’s international obligation are identified as: (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; or (3) Acts implementing new treaty obligations.

1. Acts Simply Amending Legislation that Implemented Treaties

This Act amends the Biosecurity Act 1993, which, among other things, contains two provisions (ss 22, 57) that require Ministers or officials, in exercising certain functions, powers, and duties to “have regard to” or “take into account” New Zealand’s international obligations. The amendment adds a new section 28B that provides that section 28 does not apply to certain organisms.

This Act amends the Biosecurity Act 1993, which, among other things, contains two provisions (ss 22, 57) that require Ministers or officials, in exercising certain functions, powers, and duties to “have regard to” or “take into account” New Zealand’s international obligations. The amendments make adjustments to the Biosecurity Act 1993 in the light of experience applying the Act to new situations.

This Act amends the Children, Young Persons, and Their Families Act 1989, which, among other things, implements an arrangement between New Zealand and the Australian States and Territories regarding the transfer of children who are subject to child protection orders.^[22] The amendments make changes to the tenure and role of the Principal Family Court Judge and the Principal Youth Court Judge to provide a regular turnover in the administrative leadership of these positions by establishing a fixed, 8-year, non-renewable term.

This Act amends the Fisheries Act 1996, which implements the Agreement for the Implementation of 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 amendments implement a negotiated settlement agreement reached between the Crown and the commercial seafood industry in the respect of the under-recovery and over-recovery costs of fisheries services and conservation services relating to the period 1 October 1994 to 30 September 2002.

Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004:

This Act amends the Hazardous Substances and New Organisms Act 1996, which requires all persons exercising functions, powers, and duties under that Act to take into account New Zealand’s international obligations (s 6), and now implements the Convention on Persistent Organic Pollutants (2001) [Stockholm Convention].^[23] The amendments facilitate the transfer of hazardous substances from transitional controls to the appropriate control regime.

This Act amends the Hazardous Substances and New Organisms Act 1996, which requires all persons exercising functions, powers, and duties under that Act to take into account New Zealand’s international obligations (s 6), and now implements the Convention on Persistent Organic Pollutants (2001) [Stockholm Convention].^[24] The amendments streamline the approval of the genetic modification of new organisms in laboratories, provide for the approval of the conditional release of new organisms, and clarify enforcement responsibilities.

This Act amends the Immigration Act 1987, which, among other things, implemented the Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967). The amendments refine provisions concerning the processing of visa applications.

This Act amends the Immigration Act 1987, which, among other things, implemented the Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967). The objective of the amendments is to establish a framework for residence policy while maintaining the international credibility of the immigration system.

This Act amends the Legal Services Act 2000, which 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)). The amendments fine-tune several provisions and add several clarifying provisions.

This Act amends the Misuse of Drugs Act 1975 (an Act that implements the following international agreements: the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the Single Convention on Narcotic Drugs (1961), the Protocol to the Single Convention on Narcotic Drugs (1972), and the Convention on Psychotropic Substances (1971). The amendments fine-tune several provisions.

This Act amends the Trade Mark Act 2002, which replaced the Trade Mark Act 1953, which, without so saying, gave effect to the General Agreement on Trade and Tariffs (GATT) Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), which refers to various treaties dealing with different aspects of intellectual property law, including trademarks. Section 200 of the Trade Mark Act 2002 provides for the making of Orders in Council relating to convention countries. The amendment corrects a cross-reference.

This Act recasts the Income Tax Act 1994. Section BH 1 of the Tax Act 2004 more or less replicates section BH 1 of the Tax Act 1994. The section provides for giving effect to double taxation agreements by Order in Council (examples of which can be found in Part III.B below).

2. Acts Improving Compliance with Treaties Already Implemented

This Act gives effect to the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955 amended 1977). It also amends the following Acts that implement treaties: the Children, Young Persons, and Their Families Act 1989 (an arrangement between New Zealand and the Australian States and Territories regarding the transfer of children who are subject to child protection orders);^[28] the Crimes Act 1961 (money laundering);^[29] the Crimes of Torture Act 1989 (Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)); the Extradition Act 1999 (extradition agreements); the Immigration Act 1987 (the Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967)); the International Crimes and International Criminal Court Act (Rome Statute of the International Criminal Court (1998)); the International War Crimes Tribunal Act 1995 (Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, which incorporates the Geneva Conventions of 1949 and the Convention on the Privileges and Immunities of the United Nations (1946)); the Misuse of Drugs Act 1975 (United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), Single Convention on Narcotic Drugs (1961), Protocol to the Single Convention on Narcotic Drugs (1972), and Convention on Psychotropic Substances (1971)); the Misuse of Drugs Amendment Act 1978;^[30] the Mutual Assistance in Criminal Matters Act 1992 (numerous conventions and protocols);^[31] and the Pitcairn Trials Act 2002 (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 (2002)).

This Act amends the Copyright Act 1994, which, without so saying, gave effect to the GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), which refers to various treaties dealing with different aspects of intellectual property law, including copyright. Section 230 of the Copyright Act 1994 provides that it only applies to convention countries. The amendments carve out a limited 9-month exception (for certain sound recordings, films, and computer programs) to the provision that removed the ban against parallel importation.^[32] They also amend the Trade Marks Act 2002, which also gives effect to the GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), to provide that a registered trade mark is not infringed by the use of the trade mark in relation to goods that have been put on the market anywhere in the world under that trademark by the owner or with the owner’s approval.

Among other things, this Act modifies the provisions in the Crimes Act 1961 pertaining to money laundering, which, in part, helped New Zealand meet the recommendations of Financial Action Task Force on Money Laundering with respect to measures preventing money laundering, including those measures related to the financing of terrorism (New Zealand implemented its obligations the International Convention for the Suppression of the Financing of Terrorism (1999) in the Terrorism Suppression Act 2002). The Task Force is an inter-governmental body that was established by the G-7 Summit held in Paris in 1989. Prior to the amendment, the Act required a person to know or believe that the property is the proceeds of a serious offence. The replacement provision does this too but also applies if the person is reckless as to whether or not the property is the proceeds of serious crime (s 243(2)). The Crimes Amendment Act 2003 also consequentially amended the Mutual Assistance in Criminal Matters Act 1992 and the Misuse of Drugs Act 1975, both of which implement a number of conventions and protocols.^[33]

This Act enables New Zealand to meet its obligations under the International Convention for the Safety of Life at Sea (1974) arising from amendments to the Annex to the Convention. It also implements provisions of the International Code for Security of Ships and of Port Facilities (2002) and refers to the International Management Code for the Safe Operation of Ships and for Pollution Prevention (1993).

This Act amends the Resource Management Act 1991 (RMA). Among other things, the amendments require persons exercising functions and powers under the RMA to have particular regard to the effects of climate change and require local authorities to plan for the effects of climate change (but not to consider the effects on climate change of discharges into air of greenhouse gases). These amendments provide a stronger legal mandate for consideration of energy efficiency and the value of renewable energy so that decisions and council plans under the RMA will take into consideration the national objectives detailed in the National Energy Efficiency and Conservation Strategy (2001) and climate change policies, especially those policies embodied by the Climate Change Response Act 2002, which implements the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).

3. Acts Implementing New Treaties

This Act, among other things, confers additional functions and powers on the Children’s Commissioner to “give better effect” to the Convention on the Rights of the Child (1989) (s 3(c)).^[34] The text of the Convention is set out in a schedule of the Act.

This Act amends the Civil Aviation Act 1991, which implements a number of conventions and protocols, including the Convention for the Unification of Certain Rules for International Carriage by Air (1999),^[35] which is a consolidation and refinement of the treaty law concerning air carrier liability. The amendments facilitate the implementation of an arrangement between New Zealand and Australia that would, once brought into force by Order in Council, enable Australian airlines to operate in New Zealand under Australian Civil Aviation Safety Authority certification and safety oversight. An equivalent measure to be enacted by the Commonwealth Parliament of Australia would enable New Zealand airlines to operate in Australia under New Zealand Civil Aviation Authority certification and safety oversight. This mutual recognition of aviation-related certification agreed by the New Zealand and Australian Governments aims to reduce regulatory barriers to aviation activity in the two countries. Mutual recognition is based on the acceptance by each country that the other has a safety regulatory regime that delivers a level of public safety equivalent to its own. The amendments also provide for the security of passengers and crew on international and domestic flights by addressing the issue of unruly passengers; these provisions follow the recommendations of the International Civil Aviation Organisation. The amendments also repeal the provisions of the Carriage by Air Act 1967 relating to civil liability for personal injury in a domestic air accident and re-enact the remaining provisions of that Act in relation to liability for delay in a domestic air service.

This Act amends the Crimes Act 1961. The amendments were introduced as part of a counter-terrorism package that implemented the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They provide offences for certain terrorist acts (ie, causing disease or sickness in animals; contaminating food, crops, water, or other products; threats of harm to people or property), extraterritorial jurisdiction in respect of those acts, a process for obtaining warrants to intercept private communications related to terrorist offences, and restrictions on the admissibility of evidence obtained from lawfully intercepted private communications.

This Act amends the Privileges and Immunities Act 1968, which implements the Vienna Convention on Consular Relations (1963). The amendments implement the Agreement on the Privileges and Immunities of the International Criminal Court (2002). The Agreement, which gives effect to obligations in the Statute of Rome (1998) (which is implemented by the International Crimes and International Criminal Court Act 2000), is a separate instrument that requires treaty action in its own right. It sets out in detail the privileges and immunities that the International Criminal Court (ICC), 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.

Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003:

This Act amends the Hazardous Substances and New Organisms Act 1996, which requires all persons exercising functions, powers, and duties under that Act to take into account New Zealand’s international obligations (s 6). The amendments enable New Zealand to comply with the Convention on Persistent Organic Pollutants (2001) [Stockholm Convention]. They also set the text of the Convention out in a schedule added to the Hazardous Substances and New Organisms Act 1996.

This Act amends the Import and Exports (Restrictions) Act 1988 (formerly called the Import Control Act 1988). The amendments enable New Zealand to meet its international obligations to restrict the exportation of certain goods, particularly with respect to the following conventions: the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998), the Convention on Persistent Organic Pollutants (2001) [Stockholm Convention], the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), the 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), and any other similar international obligation that is or becomes binding on New Zealand.

This Act amends the Misuse of Drugs Amendment Act 1978, which is read as part of the Misuse of Drugs Act 1975 (an Act that implements United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the Single Convention on Narcotic Drugs (1961), the Protocol to the Single Convention on Narcotic Drugs (1972), and the Convention on Psychotropic Substances (1971)). The amendments were introduced as part of a counter-terrorism package that implemented the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They provide restrictions on the admissibility of evidence obtained from lawfully intercepted private communications.

This Act amends the New Zealand Security Intelligence Service Act 1969. The amendments were introduced as part of a counter-terrorism package that implemented the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They redefined the terms “security” and “terrorist act”.

This Act amends the Sentencing Act 2002. The amendments were introduced as part of a counter-terrorism package that implemented the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They provide that an offence committed as part of a terrorist act is an aggravating factor for sentencing purposes and a murder committed as part of a terrorist act attracts a minimum period of 17 years imprisonment.

This Act amends the Summary Proceedings Act 1957. The amendments were introduced as part of a counter-terrorism package that implemented the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They set out the circumstances in which a constable executing a search warrant may require a specified person to provide information or assistance to allow access to data held in a computer and provide a procedure for obtaining tracking device warrants.

This Act amends the Terrorism Suppression Act 2002, which implements the International Convention for the Suppression of Terrorist Bombings (1997), the International Convention for the Suppression of the Financing of Terrorism (1999), and United Nations Security Council Resolution 1373 (2001). The amendments, introduced as part of a counter-terrorism package, implement the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). They also set the text of these Conventions out in schedules added to the Terrorism Suppression Act 2002.

B. Regulations^[42]

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996 to give effect to an understanding reached between New Zealand and Australia regarding the manner in which outsourced manufacturing is to be treated under the Australia-New Zealand closer Economic Relations Trade Agreement (1983) (rules of origin).

This order is made under sections 10D and 10E of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). In accordance with the Statute of Rome (1998), the order sets out the privileges and immunities with respect to the International Criminal Court and certain persons associated with the Court. The International Crimes and International Criminal Court Act 2000 implements the Statute of Rome.

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order extends the privileges and immunities set out in the Second Schedule of the Act to the International Organisation of Vine and Wine. The Organisation was established by the Agreement establishing the International Organisation of Vine and Wine (2001).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order amends the Double Taxation Relief (Netherlands) Order 1981 to give effect to the Second Protocol amending the Convention between the Government of New Zealand and the Government of 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 (1980).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the Convention between the Government of New Zealand and Government of the Republic of Chile for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income with protocol (2003).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order amends the Double Taxation Relief (Republic of the Philippines) Order 1980 to give effect to the 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 (2002).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the 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 (2002).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the Agreement between the Government of New Zealand and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2003).

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order amends the Double Taxation Relief (United Kingdom) Order 1984 to give effect to the Protocol amending the Convention between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains (1983).

These regulations are made under section 169 of the Electricity Act 1992. They amend the Electricity Regulations 1997 to give effect to revised and new Australian/New Zealand joint standards regarding electricity.

This order is made under section 17 of the Extradition Act 1999. The Act gives effect to extradition treaties that are specified in orders made under the Act. The order declares that the Czech Republic is a country to which Part 3 of the Act applies. Under Part 3 of the Act, a country seeking extradition of a person from New Zealand must satisfy a court that there would be sufficient evidence to justify that person’s trial in New Zealand if the alleged offence had occurred in New Zealand (ie, that a prima facie case exists against that person).

This order is made under section 40 of the Extradition Act 1999. The Act gives effect to extradition treaties that are specified in orders made under the Act. The order declares the United Kingdom and the Pitcairn Islands to be designated countries for the purposes of Part 4 of the Act. As a result, the procedure provided for in Part 4 of the Act applies to extradition requests made by either country to New Zealand.

Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Amendment Regulations 2004:

These regulations are made under section 197(1)(o) of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of 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 amendments ensure that the Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003 apply in respect of New Zealand flagged vessels fishing for highly migratory fish stocks managed under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific (2000) in the Convention area outside New Zealand fisheries waters.

Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003:

These regulations are made under section 140(1) of the Hazardous Substance and New Organisms Act 1996. They give effect to various international, American, Australian, and British standards regarding compressed gases.

Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004:

These regulations are made under section 76(1) of the Hazardous Substances and New Organisms Act 1996. They implement various chapters of the 13^th revised edition of the Recommendation on the Transport of Dangerous Goods Model Regulations, published in 2003 by the United Nations.

This order is made under section 3A(1) of the Imports and Exports (Restrictions) Act 1988. It controls the exportation of hazardous chemicals to which the Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998) applies.

This order is made under section 3A(1) of the Imports and Exports (Restrictions) Act 1988. It subsumes and revokes the Imports and Exports (Restrictions) Prohibition Order 2004, the Import Control (Wastes) Conditional Prohibition Order 1994, and part of the Customs Export Prohibition Order 2002. In doing so, the order updates and consolidates controls over the movement of certain chemicals and wastes that New Zealand is obliged to impose to meet its obligations under the Convention on Persistent Organic Pollutants (2001), Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998), and the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989).

These regulations are made under section 179 of the International Crimes and International Criminal Court Act 2000. The Act implements the Statute of Rome (1998) (the international agreement that set up the International Criminal Court). The regulations prescribe the forms and set out procedural rules required to give effect to the Act.

These regulations are made under section 76 of the Maritime Security Act 2004. The Act enables New Zealand to meet its obligations under the International Convention for the Safety of Life at Sea (1974) arising from amendments to the Annex to the Convention (ship and port security). The regulations set out the operational arrangements with respect to the maritime security matters specified in the Act and, in doing so, give effect to the International Ship and Port Facility Security Code and the related amendments to the Convention.

These regulations are made under section 7 of the Maritime Security Act 2004. The Act enables New Zealand to meet its obligations under the International Convention for the Safety of Life at Sea (1974) arising from amendments to the Annex to the Convention (ship and port security). The regulations appoint the Maritime Safety Authority (now called Maritime New Zealand) as the Designated Authority for the purposes of the Maritime Security Act 2004.

This order is made under section BH 1 of the Income Tax Act 1994. The section provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the Convention between the Government of New Zealand and the Government of the Kingdom of the Netherlands for mutual assistance in the recovery of tax claims (2001).

New Zealand (Maximum Residue Limits of Agricultural Compounds) Food Standards 2004:

These standards are made under section 11C of the Food Act 1981. The Act gives effect to the Australia – New Zealand Joint Food Standards Agreement (1995). The standards provide, among other things, that an imported food containing residue of an agricultural compound may be sold in New Zealand if the amount of that residue does not exceed the maximum limit specified for that residue in the current editions or supplements of the FAO/WHO Codex Alimentarius Commission publications titled “Pesticide Residues in Food” or “Residues of Veterinary Drugs in Foods”.

These regulations are made under sections 116 and 134 of the Radiocommunications Act 1989. The Act implements parts of the Convention on International Civil Aviation (1944), the International Convention for the Safety of Life at Sea (1974), and the Radio Regulations annexed to the International Telecommunications Convention (1982). The regulations amend the Radiocommunications Regulations 2001 to provide a candidate for a general amateur operator’s certification must pass a written examination that demonstrates, among other things, a theoretical knowledge of the legal framework of New Zealand radiocommunications, including the International Radio Regulations of the International Telecommunications Union.

This notice is made under regulation 35 of the Radiocommunications Regulations 2001, which, in turn, is made under sections 116 and 134 of the Radiocommunications Act 1989. The Act implements parts of the Convention on International Civil Aviation (1944), the International Convention for the Safety of Life at Sea (1974), and the Radio Regulations annexed to the International Telecommunications Convention (1982). The notice specifies that the median minimum field strengths for radiocommunications shall be determined, derived, measured, calculated, and applied in accordance with the relevant reports and recommendations of the Radiocommunication Sector of the International Telecommunication Union.

This order is made under section 16 of the Acts and Regulations Publication Act 1989. It revokes the following regulations: United Nations Sanctions (Eritrea and Ethiopia) Regulations 2000; United Nations Sanctions (Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations 1992; United Nations Sanctions (Libya) Regulations 1994; United Nations Sanctions (Republic of Bosnia and Herzegovina) Regulations 1994; and United Nations Sanctions (Yugoslavia) Regulations 1991. These regulations were made under section 2(1) of the United Nations Act 1946 to give effect to decisions of the United Nations Security Council.

This order is made under the United Nations Act 1946. It revokes the United Nations Sanctions (Angola) Regulations 1993, which were made under section 2(1) of the United Nations Act 1946. The section provides that orders may be made to give effect to any decisions of the United Nations Security Council if the Council calls on New Zealand to do so under Article 41 of the Charter of the United Nations (1945).

This order is made under section 19 of the Social Welfare (Transitional Provisions) Act 1990. The order gives effect to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2000), and the Exchange of Notes (2001) and the Protocol (2003) that amend the Agreement.

This order is made under section 53 of the Trade in Endangered Species Act 1989. The Act gives effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The order, which replaces the Trade in Endangered Species Order 2001, substitutes new schedules in the Act. The new schedules update the lists of endangered, threatened, and exploited species.

Trans-Tasman Mutual Recognition (Continuation of Temporary Exemption for Water Heaters) Regulations (No 2) 2004:

These regulations are made under section 87 of the Trans-Tasman Mutual Recognition Act 1997. The Act implements the Trans-Tasman Mutual Recognition Arrangement (1996) signed by Australia, each Australian State and Territory, and New Zealand. The regulations revoke and replace the Trans-Tasman Mutual Recognition (Continuation of Temporary Exemption for Water Heater) Regulations 2004 (due to an omission of the Australian jurisdictions to fulfil the notification requirements of the Act). The regulations exempt regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002 from the Act to the extent that they apply to water heaters.

Trans-Tasman Mutual Recognition (Continuation of Temporary Exemption for Water Heaters) Regulations 2004:

These regulations are made under section 82 of the Trans-Tasman Mutual Recognition Act 1997. The Act implements the Trans-Tasman Mutual Recognition Arrangement (1996) signed by Australia, each Australian State and Territory, and New Zealand. The order extends, for 12 months, the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997.

This order is made under section 2 of the United Nations Act 1946. The section provides that orders may be made to give effect to any decisions of the United Nations Security Council if the Security Council calls on New Zealand to do so under Article 41 of the Charter of the United Nations (1945). The order gives effect to resolution 1483 (2003) of the Security Council.

This order is made under section 2 of the United Nations Act 1946. The section provides that orders may be made to give effect to any decisions of the United Nations Security Council if the Security Council calls on New Zealand to do so under Article 41 of the Charter of the United Nations (1945). The order, which amends the United Nations Sanctions (Iraq) Regulations 1991, gives effect to paragraph 10 of resolution 1483 (2003) of the Security Council.

This order is made under section 2 of the United Nations Act 1946. The section provides that orders may be made to give effect to any decisions of the United Nations Security Council if the Security Council calls on New Zealand to do so under Article 41 of the Charter of the United Nations (1945). The order, which amends the United Nations Sanctions (Iraq) Regulations 1991 in the light of further developments, gives effect to resolution 1483 (2003) of the Security Council.

Section 36(1) 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 maritime rules were amended during the current interval (26 April 2004):

Part 22 gives effect to the Convention on the International Regulations for Preventing Collisions at Sea (1972); the Part provides the steering and sailing for ships, and standards for the installation, performance and use of lights for collision avoidance and the sound and light signals used for communication of safety information.

Part 23 prescribes various operating and training procedures designed to cope with emergency situations or to prevent such situations occurring. For vessels covered by the International Convention for the Safety of Life at Sea (1974), this Part implements the operating requirements of Chapter III and Chapter V of the Convention, including all recent amendments.

Maritime Rules: Part 24C - Carriage of Cargoes—Specific Cargoes - Section 1—Grain Cargoes - 24C.4 Definitions Relating To Section 1

Part 24C now defines “authorised organisation” as “an organisation that has entered into a memorandum of agreement with the Director in compliance with the International Maritime Organization Assembly Resolution A.739(18) and the Annexes thereto entitled Guidelines for the Authorisation of Organisations Acting on Behalf of the Administration whereby that organisation may carry out surveys and issue convention certificates on behalf of the Director in respect of the International Convention for the Safety of Life at Sea Convention [(1974)]”.

Maritime Rules: Part 25 - Nautical Charts and Publications - Section 3 – Chart And Publication Requirements

Part 25, among other things, requires electronic nautical charts to be part of an Electronic Chart Display and Information System that meets the requirements of Performance Standards for Electronic Chart Display and Information Systems adopted by the International Maritime Organisation by Assembly Resolution A.817(19).

Section 1 of Part 34 requires all seafarers under the age of 18 years employed on New Zealand ships (other than restricted limit ships) and on foreign ships in New Zealand to undergo a medical examination prior to their employment, and covers New Zealand’s obligations under the International Labour Organisation (ILO) Medical Examination of Young Persons (Sea) Convention (1921). Section 2 of Part 34 applies to seafarers on New Zealand ships that must comply with the requirements of the International Convention for the Safety of Life at Sea (1974). All such seafarers are required to pass a medical examination by an approved medical practitioner for the issue of a certificate of medical fitness. Section 2 also implements the requirements of the International Maritime Organisation’s International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978 as amended in 1995). The prescribed medical standards are taken from the recommended ILO/IMO/WHO Guidelines for Conducting Pre-Sea and Periodic Medical Fitness Examinations of Seafarers.

Part 34 now defines “international voyage” as “a voyage from a port in one country to a port in another country, either of the countries being a party to [International Maritime Organisation’s International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978 as amended in 1995)]”.

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). It also requires ships that 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 the Convention. Foreign going non-passenger ships of 300 gross tonnage or more are required to comply with the radiocommunication requirements of the Convention. 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 Convention 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 Convention requirements in force at the time of their build and any subsequent amendments to the Convention 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 Convention safety certificates or New Zealand Ship Safety Certificate required by Part 46 of the maritime rules. Part 40B, together with the other Part 40 series rules and Parts 42A and 42B, replace the Shipping (Construction) Regulations 1989 and the Ship Construction (Code of Practice for Ships Required to Comply with the Safety Convention) Notice 1989.

Maritime Rules: Part 40D - Design, Construction and Equipment – Fishing Ships

Part 40D prescribes the requirements for the design, construction, and equipment of New Zealand fishing ships registered under the Fisheries Acts of 1983 or 1996. For ships beyond 45 metres in length, the requirements reflect, in many respects, those of the 1993 Protocol to the Torremolinos International Convention for the Safety of Fishing Vessels (1977). 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

Part 42A prescribes performance standards and requirements for the maintenance, servicing, testing, and inspection of life-saving appliances. It also prescribes requirements for instructions for on board maintenance and inspections and on board training manuals. The rules incorporate many of these standards by reference from the International Maritime Organisation’s International Life-Saving Appliance Code.

Part 43 prescribes requirements applying to shipborne radio installations and the performance standards that shipborne radio equipment must meet. For larger ships and ships going offshore, the requirements and performance standards are consistent with the global maritime distress and safety system required by International Convention for the Safety of Life at Sea (1974). Part 43, together with the radio equipment provisions of Parts 40A, 40B, 40C, 40D, 40E and 40F, supercedes the requirements of the Shipping (Radio) Regulations 1989 and 1994.

Part 45 contains requirements relating to the provision of navigational equipment on commercial ships. It updates and replaces the Ships’ Compasses Regulations 1971 and the Shipping (Electronic Navigational Equipment) Regulations 1989. Part 45 incorporates the requirements for shipborne navigational equipment contained in Chapter V of the International Convention for the Safety of Life at Sea (1974).

Part 46 is divided into five sections. Section 1 prescribes the survey and certification requirements of International Convention for the Safety of Life at Sea (1974) and the marine protection rules of International Convention for the Prevention of Pollution from Ships (1973 as modified by the Protocol of 1978). Section 4 implements the port state control regime of the International Convention for the Safety of Life at Sea (1974) in respect of a foreign ship’s certificates while it is at a New Zealand port or offshore terminal.

Part 47 is divided into three sections. Section 1 applies to commercial ships of more than 24 metres in length, other than fishing ships, and barges of 24 metres in length or more that operate outside the coastal limit. The load line survey and certification provisions have adopted for New Zealand ships the harmonised system of survey and certification adopted by the Protocol of 1988 relating to the International Convention on Load Lines (1966). This is consistent with the survey and certification provisions of other Parts of the maritime rules and marine protection rules and is intended to establish a common periodicity of surveys in respect of the International Convention for the Safety of Life at Sea (1974), the International Convention on Load Lines (1966), and International Convention for the Prevention of Pollution from Ships (1973 as modified by the Protocol of 1978).

Maritime Rules: Part 47 - Load Lines - Section 1—Ships Of 24 Metres Or More In Length – Section 47.8 Definitions Relating To Section 1

Part 47 defines “authorised organisation” as “an organisation that has entered into a memorandum of agreement with the Director in compliance with the International Maritime Organisation Assembly Resolution A.739(18) and the Annexes thereto entitled Guidelines for the Authorisation of Organisations Acting on Behalf of the Administration, whereby that organisation’s employees may survey and assign load lines to New Zealand ships in accordance with the [the International Convention on Load Lines (1966)]”. It also defines “international voyage” as “a voyage from a port in one country to a port in another country, either of the countries being a party to the International Convention on Load Lines (1966)]”.

Part 48 prescribes the tonnage measurement requirements for ships of 24 metres or more in length which are to be registered in Part A of the New Zealand Register of Ships. It also requires New Zealand commercial ships of 24 metres or more in length which are not required to be registered in Part A of the New Zealand Register to be measured for tonnage. Each ship measured for tonnage is required to be issued with a tonnage certificate, the form of which is prescribed in the rules, and which is to be maintained on board. Part 48 implements New Zealand’s obligations under the International Convention on Tonnage Measurement of Ships (1969). In this respect, there is a requirement in the rules that the tonnage and certificate held by a foreign ship at a New Zealand port may be verified.

Maritime Rules: Part 48 - Tonnage Measurement – General – Section 48.2 Definitions

Part 48 defines “authorised organisation” as “an organisation which has entered into a memorandum of agreement with the Director in compliance with the International Maritime Organisation Assembly Resolution A.739(18) and the Annexes thereto entitled Guidelines for the Authorisation of Organisations Acting on Behalf of the Administration, whereby that organisation may undertake the measurement of New Zealand ships for the purpose of calculating the gross and net tonnages in accordance with the International Convention on Tonnage Measurement of Ships [(1969)]”.

Part 51 prescribes the crew accommodation standards for certain New Zealand commercial ships operating in offshore limits and the unlimited area, incorporating standards from the two International Labour Organisation crew accommodation conventions (ILO 92 of 1949 and ILO 133 of 1970). It also implements two ILO recommendations: air conditioning in crew accommodation (ILO recommendation 140 of 1970) and noise control in crew accommodation (ILO recommendation 141 of 1970).

Part 73 prescribes the requirements for the standardised shipboard recording of routine and emergency operational information and significant, generally untoward, events affecting the ship, ship safety, and the safety and well-being of the people on board. The rules in Part 73 give effect to the various recording requirements of the International Convention for the Safety of Life at Sea Convention (1974), and provide verification of compliance with the submersion requirements of the International Convention on Load Lines (1966). It also provides for recording inspections of crew accommodation, as required by International Labour Organisation Accommodation of Crews Convention (Revised) (1949). In providing for the recording of untoward events (such as births and deaths on board) in a systematic manner, Part 73 contributes to the effective exercise of jurisdiction over ships flying the New Zealand flag, in line with the obligation on flag States under the United Nations Convention on the Law of the Sea (1982).

Maritime Rules: Part 90 – Pilotage - Advisory Circular – Section 2 Training course approvals

The advisory circular concerns pilotage-training courses requiring the Director’s approval. A draft recommended International Maritime Organisation syllabus, which was expected to supersede IMO Assembly resolution A.485(XII) late in 2003, is set out in the annex to the circular.

Part 11 of the Land Transport Act 1998 provides for the making of rules with respect to various aspects of land transport. Many of these rules incorporate international standards. The following land transport rule came into force during the current interval (1 January 2004):

Vehicle Exhaust Emissions 2003 (rule 33001) - Part 2 Definitions and abbreviations

This rule incorporates standards set out in various Australian Design Rules, Japanese Safety Regulations, United Nations Economic Commission for Europe Regulations, and United States Federal Regulations.

IV. Judicial Decisions Related to New Zealand’s
International Obligations

This Part sets out the reported and unreported judicial decisions rendered during the current interval that concern New Zealand’s international obligations. It divides the reported cases into those cases reported in the New Zealand Law Reports (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 identifies the international agreements that were referenced and sets out the distribution of these references among the various courts.

A. Reported Cases

1. NZLR Cases in which International Obligations were Determinative

A container ship ran aground, causing damage to its cargo exceeding US$11 million. The charterer of the ship sought a declaration under Part VII of the Maritime Transport Act 1994 that limited liability to US$7 million. The High Court made the declaration. In doing so, it interpreted the relevant provisions of Part VII in the light of the following conventions: the Convention for the Unification of Certain Rules Relating to the Limitation of the Liability of Owners of Sea-Going Vessels (1924), the International Convention Relating to the Limitation of the Liability of Owners of Sea–Going Ships (1957), the International Convention on Tonnage Measurement of Ships (1969), the International Convention on the Carriage of Passengers and Their Luggage (1974), and the Convention on Limitation of Liability for Maritime Claims (1976).

Punter v Secretary for Justice as the New Zealand Central Authority [or ex parte Punter] [2003] NZCA 306; [2004] 2 NZLR 28 (Court of Appeal), custody case

A separated mother travelled from Australia to New Zealand with her children under an agreement that allowed her to have the children for 2 years. Six months later, she applied to the Family Court for custody of her children. The New Zealand Central Authority asked for an order for the return of the children to Australia under section 12 of the Guardianship Amendment Act 1991. The Family Court held that the mother’s application for custody constituted an act of wrongful retention under the Hague Convention on the Civil Aspects of International Child Abduction (1980). The High Court agreed. The Court of Appeal disagreed, holding that wrongful retention must be actual not anticipatory. The case also cites the Vienna Convention on the Law of Treaties (1969).

The Refugee Status Appeals Authority granted Zaoui refugee status on the grounds that Zaoui was a refugee within the meaning of Article 1A(2) of the Convention relating to the Status of Refugees (1951). The Director of Security issued a security risk certificate to the Minister of Immigration that stated Zaoui was a threat to national security in terms of section 72 of the Immigration Act 1987 and article 33.2 of the Convention relating to the Status of Refugees (1951). The Minister chose to rely on the certificate, which would allow for Zaoui’s deportation regardless of Zaoui’s refugee status. Zaoui applied to the Inspector-General of Intelligence and Security for a review of the certificate, who issued an interlocutory ruling that, among other things, stated that “his role under Part IVA [of the Immigration Act 1987] was confined to assessing the security risk Mr Zaoui posed and accordingly none of the international human rights instruments were relevant to the review (though relevant to the minister’s decision) [para 32]”. Zaoui sought judicial review of this ruling. On this point, the High Court ruled as follows:

(a) Section 114I [of the Immigration Act 1987] in combination with s 19 of the [Inspector-General of Intelligence ad Security Act 1996] do not debar: …

(iv) [sic] It is for the Inspector-General to decide what relevance and weight he accords the international human rights instruments and international human rights jurisprudence but having regard to the discussion on s 114I, Part IVA, the balance of the Act, the BoRA in particular, the international human rights instruments and the international human rights jurisprudence, the comment by the Inspector-General (para 28) that the “general issues of international jurisdiction are beside the point”, cannot be a correct statement of the position [para 172].

The case also cites the International Covenant on Civil and Political Rights (1966), the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984), and the Universal Declaration of Human Rights (1948).

2. NZLR Cases in which International Obligations were Cited but not Determinative

Methanex Motunui Ltd v Spellman [2004] NZCA 418; [2004] 3 NZLR 454 (Court of Appeal), contract case that cites the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and the United Nations Commission on International Trade (UNCITRAL) Model Law on International Commercial Arbitration.

Methanex Motunui Ltd v Spellman [2004] 1 NZLR 95 (High Court), contract case that cites the Geneva Convention on the Execution of Foreign Arbitral Awards (1923) and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958).

B v Auckland District Law Society [2003] UKPC 38; [2004] 1 NZLR 326 (Privy Council), civil procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1963).^[44]

P v K [2004] 2 NZLR 421 (High Court), custody case that cites the Convention on the Rights of the Child (1989).

Amaltal Corporation Ltd v Maruha (NZ) Corporation Ltd [2004] NZCA 17; [2004] 2 NZLR 614 (Court of Appeal), contract case that cites the United Nations Commission on International Trade (UNCITRAL) Model Law on International Commercial Arbitration.

Norske Skog Tasman v Clarke [2004] 2 NZLR 323 (Court of Appeal), employment case that cites the ILO Convention (No 158) Concerning Termination of Employment at the Initiative of the Employer (1982).^[45]

3. Cases Reported in Other Series that Reference International Obligations

Er v Fr [2004] New Zealand Family Law Reports 633 (Court of Appeal), custody case that cites the International Covenant on Civil and Political Rights (1966).

Wolf v Minister of Immigration (2004) 7 Human Rights Reports of New Zealand 469 (High Court), immigration case that cites the International Covenant on Civil and Political Rights (1966), the Optional Protocol to the International Covenant on Civil and Political Rights (1966), and the European Convention on Human Rights (1950).^[46]

Perham v Yeoman [or P v Y] [2004] New Zealand Family Law Reports 874 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Ghuman v Registrar of the Auckland District Court (2003) 20 Criminal Reports of New Zealand 600 (High Court), immigration case that cites the Convention relating to the Status of Refugees (1951).

Place v Place (2003) 23 Family Reports of New Zealand 251 (Family Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

L v A [2004] New Zealand Family Law Reports 298 (High Court), custody case that cites the Convention on the Rights of the Child (1989).

K v P [2004] New Zealand Family Law Reports 433 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

N v O [2004] New Zealand Family Law Reports 926 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v O’Brien (2003) 20 Criminal Reports of New Zealand 572 (Court of Appeal), criminal procedure case that cites the Convention on the Rights of the Child (1989).

Harvey v Harvey [or H v H] (2003) 23 Family Reports of New Zealand 187 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Ks v Ls (No 2) (2003) 22 Family Reports of New Zealand 716; [2004] New Zealand Family Law Reports 236 (High Court), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Jiao v Refugee Status Appeals Authority [2003] New Zealand Administrative Reports 647 (Court of Appeal), immigration case that cites the Convention relating to the Status of Refugees (1951).

B. Unreported Cases

Pfizer Inc v Commissioner of Patents (Court of Appeal, CA22/03, 28 June 2004, President Anderson, Justices Glazebrook, Hammond, Young, and O’Regan); noted: [2004] Butterworths Current Law 662; 27 The Capital Letter 26/8, civil procedure case that cites the GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994).

McManus v List (Family Court Nelson, FAM-2004-042-319, 22 June 2004, Judge Whitehead), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v Refugee Status Appeals Authority (High Court Wellington, CIV-2004-485-374, 11 June 2004, Justice Goddard); noted: 27 The Capital Letter 29/5, immigration case that cites the Convention relating to the Status of Refugees (1951).

Ransfield v The Radio Network Ltd (High Court Auckland, CIV-2003-404-569, 11 June 2004, Justice Randerson), censorship case that cites the International Covenant on Civil and Political Rights (1966).

Danzas Ag v Hally Press Ltd (Court of Appeal, CA148/03, 10 June 2004, Justices Glazebrook, Chisholm, and Gendall); noted: 27 The Capital Letter 24/5, civil procedure case that cites the Convention for the Unification of Certain Rules relating to International Carriage by Air (1929) [the Warsaw Convention].

R v Cara (High Court Auckland, CRl-2004-004-006560, 2 June 2004, Justice Potter); noted: [2004] Butterworths Current Law 560; 24 The Capital Letter 28/7, censorship case that cites the European Convention on Human Rights (1950).^[47]

Reid v Minister of Labour (High Court Wellington, CIV-2003-485-1692, 26 May 2004, Justice MacKenzie), civil procedure case that cites the International Covenant on Civil and Political Rights (1966).

Dairy Containers Ltd v Tasman Orient Line Cv (Privy Council, PC34/2003, 20 May 2004, Lords Bingham of Cornwall, Hoffmann, Phillips of Worth Matravers, Carswell, and Dame Elias); noted: [2004] Butterworths Current Law 488; 27 The Capital Letter 22/3), contract case that cites the International Convention for the Unification of Certain Rules relating to Bills of Lading (1924).

Imt v Minister of Immigration (High Court Wellington, CIV-2003-485-2769, CIV-2004-485-275, 13 May 2004, Justice France); noted: 27 The Capital Letter 25/3, immigration case that cites the Convention relating to the Status of Refugees (1951).

Director of Human Rights Proceedings v Cropp (High Court Auckland, AP7-SW03, 12 May 2004, Justices Baragwanath and Harrison); noted: [2004] Butterworths Current Law 515; 27 The Capital Letter 23/4, civil procedure case that cites the International Covenant on Civil and Political Rights (1966), the Universal Declaration of Human Rights (1948), and the Convention on the Elimination of All Forms of Discrimination Against Women (1979).

K v G (High Court Wellington, CIV-2003-485-1989, 11 May 2004, Justices Gendall and France); noted: [2004] Butterworths Current Law 529, custody case that cites the Convention on the Rights of the Child (1989).

Secretary for Justice v J (Family Court Hastings, FAM: SAM-2004-020-76, 020/147/03, 16 April 2004, Judge Von Dadelszen); noted: New Zealand Case Law Digest 5^th series 6277, custody case the cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Taunoa v Attorney-General (High Court Wellington, CIV-2002-485-742, 7 April 2004, Justice Young); noted: New Zealand Case Law Digest 5^th series 6254, criminal procedure case the cites the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955 amended 1977), the International Covenant on Civil and Political Rights (1966), and the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2002).

T v Refugee Status Appeals Authority (High Court Wellington, CIV-2003-485-1848, 5 April 2004, Justice Miller), immigration case that cites the Convention relating to the Status of Refugees (1951).

Manual v Superintendent, Hawkes Bay Regional Prison (High Court Wellington, CIV-202-485-566, Justice Miller), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1963).^[48]

Wain-Van v Minister of Immigration (High Court Auckland, CIV-2004-4004-1507, Justice Mackenzie); noted: New Zealand Case Law Digest 5^th series 6281; 27 The Capital Letter 17/4, immigration case that cites the International Covenant on Civil and Political Rights (1966).

K v P (Court of Appeal, CA230/03, Justices McGrath, Young, and O’Regan); noted: New Zealand Case Law Digest 5^th series 6247; 27 The Capital Letter 12/4, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

O v Refugee Status Appeals Authority (High Court Auckland, CIV-2003-404-5724, CIV-2003-404-5725, Justice Harrison); noted: New Zealand Case Law Digest 5^th series 6251; 27 The Capital Letter 15/4, immigration case that cites the Convention relating to the Status of Refugees (1951).

Leiataua v Minister of Immigration (High Court Wellington, CIV-2003-485-742, 26 November 2003, Justice Durie); noted: [2004] Butterworths Current Law 155, immigration case that cites the Convention on the Rights of the Child (1989), the International Covenant of Civil and Political Rights (1966), and the Universal Declaration of Human Rights (1948).

S v S (High Court Wellington, CIV-2003-485-2072, 31 October 2003, Justice Wild), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

S v Chief Executive, Department of Labour (High Court Wellington, CIV-2002-285-259, AP323/02, 9 September 2003, Justice Gendall); noted: New Zealand Case Law Digest 5^th series 5918, immigration case that cites the Convention relating to the Status of Refugees (1951).

Hally Press Ltd v Danzas Ag (High Court Auckland, CP78-SD02, CIV-2090/02, 15 July 2003, Justice Harrison), civil procedure case that cites the Convention for the Unification of Certain Rules relating to International Carriage by Air (1929) [the Warsaw Convention].

TABLE

Distribution of References to International Agreements among Various Courts, and among NZLR Cases, Other Reported Cases, and Unreported Cases^[49]

International obligations	NZLR	Other	Unrep	All	Total
Hague Convention on the Civil Aspects of International Child Abduction (1980)	CA: 1	HC: 4 FC: 2	CA: 1 HC: 1 FC: 2	CA: 2 HC: 5 FC: 4	11
International Covenant on Civil and Political Rights (1966)	HC: 1	CA: 1 HC: 1	HC: 6	CA: 1 HC: 8	9
Convention relating to the Status of Refugees (1951)	HC: 1	CA: 1 HC: 1	HC: 5	CA: 1 HC: 7	8
Convention on the Rights of the Child (1989)	CA: 1	CA: 1 HC: 1	HC: 2	CA: 2 HC: 3	5
Universal Declaration of Human Rights (1948)	HC: 1		HC: 2	HC: 3	3
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)	CA: 1 HC: 1			CA: 1 HC: 1	2
United Nations Commission on International Trade (UNCITRAL) Model Law on International Commercial Arbitration	CA: 2			CA: 2	2
European Convention for the Protection of Human Rights and Fundamental Freedoms (1963)^[50]	PC: 1		HC: 1	PC: 1 HC: 1	2
European Convention on Human Rights (1950)^[51]		HC: 1	HC: 1	HC: 2	2
Convention for the Unification of Certain Rules relating to International Carriage by Air (1929) [the Warsaw Convention]			CA: 1 HC: 1	CA: 1 HC: 1	2

International Convention Relating to the Limitation of the Liability of Owners of Sea–Going Ships (1957)	HC: 1			HC: 1	1
International Convention on Tonnage Measurement of Ships (1969)	HC: 1			HC: 1	1
International Convention on the Carriage of Passengers and Their Luggage (1974)	HC: 1			HC: 1	1
Convention on Limitation of Liability for Maritime Claims (1976)	HC: 1			HC: 1	1
Vienna Convention on the Law of Treaties (1969)	CA: 1			CA: 1	1
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)	HC: 1			HC: 1	1
Geneva Convention on the Execution of Foreign Arbitral Awards (1923)	HC: 1			HC: 1	1
ILO Convention (No 158) Concerning Termination of Employment at the Initiative of the Employer (1982)^[52]	CA: 1			CA: 1	1
Optional Protocol to the International Covenant on Civil and Political Rights (1966)		HC: 1		HC: 1	1
GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)			CA: 1	CA: 1	1
International Convention for the Unification of Certain Rules relating to Bills of Lading (1924)			PC: 1	PC: 1	1

Convention on the Elimination of All Forms of Discrimination Against Women			HC: 1	HC: 1	1
Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2002)			HC: 1	HC: 1	1
United Nations Standard Minimum Rules for the Treatment of Prisoners (1955 amended 1977)			HC: 1	HC: 1	1
Subtotals	PC: 1 CA: 7 HC: 11	CA: 3 HC: 9 FC: 2	PC: 1 CA: 3 HC: 22 FC: 2	PC: 2 CA: 13 HC: 42 FC: 4
Grand Totals	19	14	28	61	61

^[*] 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 may not be attributed to the Parliamentary Counsel Office or the Attorney General.

^[3] Some of these Acts implemented more than one treaty, and some of these Acts implemented the same treaty.

^[5] This appears to be the first instance in which a select committee has made a recommendation of this nature. See generally the treaty examination reports listed in Part II.B below and in Mark Gobbi, ‘Treaty Action and Implementation’, (2004) 1 New Zealand Yearbook of International Law, 242-250.

^[7] Report of the Foreign Affairs, Defence and Trade Committee, Inquiry into Parliament’s Role in the International Treaty Process, Appendix to the Journal of the House of Representatives, I.41 (1997) 8-9.

^[8] Report of the Foreign Affairs, Defence and Trade Committee, Review of the International Treaty Examination Process, Appendix to the Journal of the House of Representatives, I.4E (1999) 7, 10.

^[10] The Transport and Environment Committee produced six reports, the Social Welfare Select Committee produced 2 reports, and the Health Committee, Primary Production Committee, and the Finance Committee produced one report each. See Gobbi, above n 5, 242-243, 247.

^[11] The Transport and Environment Select Committee produced two reports and the Local Government Committee produced one report. See Gobbi, above n 5, 243-250.

^[13] The Health Committee and the Finance Committee produced one report each. See generally the treaty examination reports listed in Part II.B.

^[15] The Executive provides periodic reports to the United Nations regarding its compliance with the following treaties: the International Covenant on Civil and Political Rights (1966), 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 Convention on the Rights of the Child (1989). Gobbi, above n 5, 227.

^[16] This report was presented on 15 July 2003. It covers the period from November 2001 to June 2003. See UN Doc CRC/C/OPAC/NZL/1 (30 July 2003) at <www.unhchr.ch/

tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/15dff6130609e447c1256da40052c39e/$FILE/G0343346.pdf> (23 March 2005); see also generally <www.mfat.govt.nz/foreign/

^[18] The overview of the previous interval noted 34 judgments. Gobbi, above n 5, 228-229, 289-291, 294, 299-300, 306-308. Since then, six cases that fall within the previous interval have come to light; they are as follows: R v D [2003] 1 NZLR 41 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966); Keelan v Peach [2002] NZCA 296; [2003] 1 NZLR 589 (Court of Appeal), protection order case that cites the Convention on the Rights of the Child (1989); Antons Trawling Co Ltd v Smith [2002] NZCA 331; [2003] 2 NZLR 23 (Court of Appeal), contract case that cites the United Nations Convention on the Law of the Sea (1982); Attorney-General v Daniels [2003] 2 NZLR 742 (Court of Appeal), civil procedure case that cites the International Covenant on Economic, Social, and Cultural Rights (1966); Harrild v Director of Proceedings [2003] NZCA 125; [2003] 3 NZLR 289 (Court of Appeal), accident compensation case that cites the Convention on the Rights of the Child (1989); and Brown v Attorney-General [2003] 3 NZLR 335 (High Court), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966). All of these cases were NZLR cases in which international obligations were cited but not determinative. For the purposes of comparison in this section, the figures taken from the previous interval were adjusted to take these cases into account.

^[19] New Zealand Ministry of Foreign Affairs & Trade, Annual Report 2003/04, A.1 (2004) 21-25.

^[20] Government Response to Report of Health Committee on International Treaty Examination of the Agreement between the Government of New Zealand and the Government of Australia for the Establishment of a Joint Scheme for the Regulation of Therapeutic Products, A.5 (undated); see also Government Response to Report of the Health Committee on Inquiry into the Proposal to Establish a Trans-Tasman Agency to Regulate Therapeutic Products, A.5 (undated).

^[21] This Act was introduced as part of the New Organisms and Other Matters Bill.

^[22] A related Act, the Children’s Commissioner Act 2003, confers additional functions and powers on the Children’s Commissioner to “give better effect” to the Convention on the Rights of the Child (1989) (s 3(c)). The text of the Convention is set out in a schedule of that Act. The Children, Young Persons, and Their Families Act 1989 does not expressly mention the Convention. See also below n 28 and n 34.

^[23] See Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 in Part III.A.3.

^[28] This Act also appears to implement the Convention on the Rights of the Child (1989); see also above n 22 and below n 34.

^[29] The provisions in the Crimes Act 1961 pertaining to money laundering helped New Zealand meet the recommendations of Financial Action Task Force on Money Laundering with respect to measures preventing money laundering, including those measures related to the financing of terrorism (New Zealand implemented its obligations the International Convention for the Suppression of the Financing of Terrorism (1999) in the Terrorism Suppression Act 2002). The Task Force is an inter-governmental body whose function is the development of policies, both at national and international levels, to combat money laundering and terrorist financing. See <www1.oecd.org/fatf/AboutFATF_en.htm> at 23 March 2005.

^[31] For a list of these conventions and protocols, see Legislation Advisory Committee, Guidelines on Process and Content of Legislation (2001) 189 (also found at <www.justice.govt.nz/lac/index.html> (23 March 2005)).

^[32] The intellectual property provisions of the GATT do not call for a ban against parallel importation or require removal of the ban. The amendments here appear to address the phenomenon of retailers releasing videos and DVDs of films ahead of the theatrical release of those films, a problem that could have been resolved by a change in industry practice

(ie, releasing films in New Zealand at the same time they are released in the Northern Hemisphere or delaying the production of videos and DVDs in the Northern Hemisphere until the theatrical run of those films in New Zealand is completed). The amendment to the Trade Mark Act 2002, however, appears to improve compliance with the relevant intellectual property provisions of the GATT.

^[33] For a list of these conventions and protocols, see Legislation Advisory Committee, above n 31, 189.

^[34] The Act is listed in this section rather than in previous section because: 1) neither its associated legislation nor the explanatory material accompanying that legislation indicates the relevance of the Convention (see the Children, Young Persons, and Their Families Act 1989 and that Act’s subsequent amendment Acts); and 2) it includes the text of the Convention, which is the usual practice with respect to Acts that implement new treaties. While the Children, Young Persons, and Their Families Act 1989 is silent with respect to the Convention, Part 3A of the Act does expressly implement an arrangement between New Zealand and the Australian States and Territories regarding the transfer of children who are subject to child protection orders. See also above n 22 and n 28.

^[35] For a list of these conventions and protocols, see Legislation Advisory Committee, above n 31, 184-185.

^[42] This list of regulations does not include commencement orders for Acts that implement international obligations (eg, Civil Aviation Amendment Act 2002 Commencement Order 2003, Extradition Amendment Act Commencement Order 2003, Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004, Maritime Transport Act Commencement Order 2003, Mutual Assistance in Criminal Matters Amendment Act Commencement Order 2003, Terrorism Suppression Amendment Act 2003 Commencement Order 2003, and Terrorism Suppression Amendment Act 2003 Commencement Order (No 2) 2003).

^[43] Various aspects of the Zaoui case have gone to the Court of Appeal (see eg, CA166/04 (17 September 2004) and the Supreme Court (see eg, SC CIV 13/2004 (9 December 2004), SC CIV 13/2004 (25 November 2004), and CIV SC 13/04 (14 October 2004)). These judgments were rendered after the current interval. As of this writing (23 March 2005), the Zaoui case is yet to be finally resolved.

^[49] Key: PC = Privy Council, CA = Court of Appeal, HC = High Court, FC = Family Court.

^[52] New Zealand is not a party to this Convention.

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