Gobbi, M --- "Treaty Action and Implementation" [2006] NZYbkIntLaw 12; (2006) 3 New Zealand Yearbook of International Law 221

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This article documents 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, relative to the previous interval, has declined for the parliamentary and executive branches of government, but has increased for the judicial branch. This overview 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 31 Bills with implications for New Zealand’s international obligations. Thirteen simply amended Acts that had implemented treaties, 14 improved compliance with treaties that had already been implemented, and four implemented three new treaties.^[3] Thirty of these Acts involved multilateral agreements, while the remaining one involved a bilateral agreement.

In terms of Acts, this level of activity is slightly more than the previous interval; however, in terms of new treaties implemented, the level of activity is less (two more Acts, seven less treaties). During the previous interval, Parliament enacted 29 Bills with implications for New Zealand’s international obligations.^[4] Twelve simply amended Acts that had implemented treaties, five improved compliance with treaties that had already been implemented, and 12 implemented ten new treaties.^[5] Twenty-seven of these Acts involved multilateral agreements, while the remaining two involved bilateral arrangements.

During the current interval, the House of Representatives considered 13 select committee reports on treaties (12 treaties in all). Eight of these reports gave a positive pro forma response to the treaty examined (i.e., “no matters to bring to the attention of the House”). Public submissions did not feature in these reports. Four reports brought matters to the attention of the House; public submissions featured in one of them. None of these reports warranted a Government response. However, one of these reports raised a matter that might lead to a change to the treaty-making process provisions in the Standing Orders. One report did not reach a conclusion, as the relevant select committee split evenly on the issue of whether or not New Zealand should enter into the relevant agreement.^[6]

In terms of reports, this level of activity is slightly greater than that of the previous interval (two more reports). In terms of treaties examined, this level of activity is less (four fewer treaties). During the previous interval, the House of Representatives considered 11 select committee reports (17 treaties in all). Eight of these reports gave a positive pro forma response to the treaty examined. 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.^[7]

2. Greater Percentage of Treaties Now Being Examined by Other Committees

Between 30 June 1999 and 30 June 2004, the Foreign Affairs, Defence and Trade Committee produced 46 treaty examinations reports while other committees produced 16 treaty examination reports (14 of which were produced between 30 June 1999 and 16 June 2000 before the Foreign Affairs, Defence and Trade Committee took a nearly exclusive role).^[7] During the previous interval, the Foreign Affairs, Defence and Trade Committee produced nine treaty examination reports while other committees produced two.^[8] During the current interval, it produced seven reports while other committees produced six. This change in practice is attributable to the Standing Order 384, which took effect on 10 February 2004.^[9] Standing Order 384 provides:^[10]

Citing this change, the Government Administration Committee made the following suggestion to improve the treaty examination process:^[11]

A treaty subject to parliamentary scrutiny is presented to the House along with a national interest analysis (NIA). According to the Cabinet Manual, “[t]he department with the main policy interest in the treaty, in consultation with the Legal Division of the Ministry of Foreign Affairs and Trade, is responsible for developing the NIA and completing it in the prescribed form”.^[12] The NIA is required to specify the following:^[13]

• the treaty action needed to enter into the treaty (ratification, accession, acceptance, approval, withdrawal, or denunciation) and the date on which that action would be completed (officials also usually indicate when the treaty comes into force with respect to New Zealand, including any pre-conditions); and

• the reasons why New Zealand should enter into, withdraw from, or denounce the treaty (officials also usually provide the background needed to appreciate the reasons); and

• the advantages and disadvantages to New Zealand of entering into the treaty and of not entering into the treaty (or withdrawing from or denouncing it); and

• the obligations that would be imposed on New Zealand by entering into the treaty (or withdrawing from or denouncing it); and

• the economic, social, cultural, and environmental effects of entering into the treaty (or withdrawing from or denouncing it); and

• the financial implications of complying with the treaty (or withdrawing from or denouncing it); and

• the possibility of any subsequent protocols or amendments, and an indication of their likely effects; and

• the measures required to implement the treaty (or to give effect to withdrawal or denunciation), particularly any legislative implications (any proposal to implement a treaty via the use of regulations that can override legislation must be justified);^[14] and

• the consultation undertaken (or proposed) with the community and interested parties; and

Officials preparing NIAs could accommodate the Government Administration’s suggestion by adding a new element to the existing NIA template or by expressly addressing the concern in one of the existing elements (for example, the advantages and disadvantages statement or in the implementation statement).

B. Executive Activity

During the current interval, the Executive made 23 regulations that implement New Zealand’s international obligations. Seven of these regulations concerned the incorporation of foreign national or international standards, one implemented a bilateral arrangement, and one implemented a bilateral agreement, while the remaining 14 implemented multilateral agreements. Six concerned compliance with international agreements regarding hazardous or environmentally harmful substances or organisms, five gave effect to various marine protection and maritime agreements, four concerned the implementation of United Nations Security Council resolutions, and the remaining eight dealt with a variety of topics (i.e., child abduction, rules of origin, energy using products, gas, financial reporting, trade in endangered species, trans-Tasman mutual recognition, and transport).

This level of activity is considerably less than that of the previous interval. During the previous interval, the Executive made 56 regulations that implemented New Zealand’s international obligations.^[15] Four of these regulations concerned the incorporation of foreign national or international standards, three implemented bilateral arrangements, and 10 implemented bilateral agreements, while the remaining 39 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, three 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 (i.e., customs, electricity, international criminal court, food, social welfare, trade in endangered species, and transport).

During the current interval, the Executive was involved in 27 treaty actions with respect to four multilateral agreements and 14 bilateral agreements. Of the four multilateral agreements, the Executive ratified two and acceded to one. All four came into force. Of the 14 bilateral agreements, the Executive signed seven and adhered, by way of a third person note, to seven. Six came into force. The Executive does not appear to have had occasion during the current interval to provide any periodic reports to the United Nations regarding New Zealand’s compliance with its obligations under the following human rights treaties: the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the United Nations Convention on the Rights of the Child (1989).^[16]

This level of activity is less than the level of activity that took place during the previous interval. During the previous interval, the Executive was involved in 47 treaty actions with respect to 15 multilateral agreements and 18 bilateral agreements. Of the 15 multilateral agreements, the Executive ratified two, signed four, and acceded to one. Ten came into force. Of the 18 bilateral agreements, the Executive signed six and exchanged notes with respect to 11. Twelve came into force. The Executive submitted one period report to the United Nations.^[17]

C. Judicial Activity

During the current interval, the judiciary delivered 57 judgments that referenced New Zealand’s international obligations. Eleven of these judgments were reported in the New Zealand Law Report series; the Court of Appeal delivered nine and the High Court delivered two. Ten were reported in other series; the Supreme Court delivered two, the Court of Appeal delivered four, and the High Court delivered four. Thirty-six were unreported; the Supreme Court delivered one, the Court of Appeal delivered eight, the High Court delivered 18, the District Court delivered one, and the Family Court eight.

Of these 57 judgments, 20 dealt with criminal procedure matters, 13 dealt with custody matters, and 12 with immigration matters. Three dealt with civil procedure, three with accident compensation, two with paternity, one with fisheries, one with freedom of expression, one with freedom of association, and one with social welfare entitlement.

These judgments referred to 21 different international agreements (one of which does not have New Zealand as a party). In total, these judgments have 88 references. In these cases, the most frequently cited international agreements are the International Covenant on Civil and Political Rights (1966) (20 references), the Hague Convention on the Civil Aspects of International Child Abduction (1980) (ten references), the European Convention on Human Rights (1950) (nine references),^[18] the Convention relating to the Status of Refugees (1951) (eight references), the Convention of the Rights of the Child (1989) (eight references), the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984) (six references), the Vienna Convention on the Law of Treaties (1969) (four references), the Universal Declaration of Human Rights (1948) (four references), and the Convention Against Transnational Organized Crime (2000) (four references). Two other international agreements are referenced by two cases and ten are referenced by one case.

In terms of the number of judgments delivered, the level of activity is 1.21 times greater than the level of activity that took place during the previous interval. In terms of the number of references to international agreements, the level of activity is 1.24 times greater. During the previous interval, the judiciary delivered 47 judgments that referenced New Zealand’s international obligations.^[19] Fifteen of these judgments were reported in the New Zealand Law Reports series; the Privy Council delivered two, the Court of Appeal eight, and the High Court five. Twelve were reported in other series; the Court of Appeal delivered three, the High Court seven, and the Family Court two. Twenty were unreported; the Court of Appeal two, the High Court 16, and the Family Court two.

Of these 47 judgments, 16 dealt with custody matters and 11 dealt with immigration matters. Five dealt with contracts, six with civil procedure, four with criminal procedure, two with censorship, one with employment, one with tort, and one with fisheries. These judgments referred to 24 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 71 references. In these cases, the most frequently cited international agreements are Hague Convention on the Civil Aspects of International Child Abduction (1980) (14 references), the International Covenant on Civil and Political Rights (1966) (13 references), the Convention relating to the Status of Refugees (1951) (eight references), and the Convention of the Rights of the Child (1989) (six references). One other international agreement is referenced by three cases and another five are referenced by two cases. Seventeen others are referenced by one case.

D. Conclusion

During the current interval, all three branches of the government participated in the implementation of New Zealand’s international obligations. The level activity for the judicial branch has increased. However, the levels of activity for both the parliamentary and executive branches of government have declined relative to the previous interval. Nevertheless, international agreements remain an important source of law in New Zealand.

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^[2]

1. Multilateral Treaties

Stockholm Convention on Persistent Organic Pollutants (ratified on 24 September 2004; entered into force for New Zealand on 25 December 2004).

Cartagena Protocol on Biosafety to the Convention on Biological Diversity (ratified on 24 February 2005; entered into force for New Zealand on 25 May 2005).

Kyoto Protocol to the United Nations Framework Convention on Climate Change (entered into force for New Zealand on 16 February 2005).

Convention against the Recruitment, Use, Financing and Training of Mercenaries (acceded to on 22 September 2004; entered into force for New Zealand on 22 September 2004).

2. Bilateral Treaties

Agreement between New Zealand and the Republic of Poland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income (signed at Warsaw on 21 April 2005).

New Zealand – Thailand Closer Economic Partnership Agreement (signed at Bangkok on 14 March 2005).

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of Norway (signed at Wellington on 14 March 2005).

Agreement between the Government of New Zealand and the Government of the Federal Republic of Germany concerning the Co-Production of Films (signed at Wellington on 9 February 2005).

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Czech Republic (signed at Prague on 11 October 2004).

Agreement between the Government of New Zealand and the Government of the Republic of Singapore concerning the Co-Production of Films (signed at Wellington on 13 July 2004; New Zealand adhered by way of third person note on 13 July 2004; entered into force on 27 September 2004).

Treaty between the Government of New Zealand and the Government of Australia Establishing Certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries (signed at Adelaide on 25 July 2004).

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 (New Zealand adhered by way of third person note on 23 July 2004).

Agreement between the Kingdom of Belgium and the Government of New Zealand on a Working Holiday Scheme (New Zealand adhered by way of third person note on 17 June 2004; entered into force on 1 November 2004).

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 (New Zealand adhered by way of third person note on 23 July 2004).

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 (New Zealand adhered by way of third person note on 23 July 2004; entered into force on 23 July 2004).

Second Protocol amending the Convention between the Government of the Kingdom of the Netherlands and the Government of New Zealand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, with Protocol (New Zealand adhered by way of third person note on 23 July 2004; entered into force on 21 August 2004).

Convention between New Zealand and the Kingdom of the Netherlands for Mutual Assistance in the Recovery of Tax Claims (New Zealand adhered by way of third person note on 23 July 2004; entered into force on 21 August 2004).

Agreement between the Government of New Zealand and the Government of the Republic of France on Employment of Dependants of Members of Official Missions of one State in the Other (entered into force on 1 January 2005).

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 Amendment of the Agreement Establishing the European Bank of Reconstruction and Development (1990); Foreign Affairs, Defence and Trade Committee (presented 28 October 2004).

Report on International Treaty Examination of the Treaty between the Government of New Zealand and the Government of Australia establishing certain Exclusive Economic Zone boundaries and continental shelf boundaries (2004); Foreign Affairs, Defence and Trade Committee (presented 28 October 2004).

Report on International Treaty Examination of the Cartagena Protocol on Biosafety (2000); Foreign Affairs, Defence and Trade Committee (presented 12 November 2004).

Agreement on Consular Relations between New Zealand and the People’s Republic of China (2003); Foreign Affairs, Defence and Trade Committee (presented 4 February 2005).

Report on International Treaty Examination of the Mutual Acceptance Agreement on Oenological Practices (2001); Primary Production Committee (presented 11 February 2005).

Report on International Treaty Examination of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (1995); Primary Production Committee (presented 10 June 2005).

Report on International Treaty Examination of the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002) and the Final Acts of the World Radiocommunications Conference (Geneva, 2003), amending the Constitution and the Convention of the International Telecommunications Union (1992), as amended by the Plenipotentiary Conference (Kyoto, 1994) and by the Plenipotentiary Conference (Minneapolis, 1998); Commerce Committee (presented 10 June 2005).

Report on International Treaty Examination of the amendment to provide for cargo-only accession to the Multilateral Agreement on the Liberalisation of International Air Transportation (2001); Transport and Industrial Relations Committee (presented 13 June 2005).

Report on International Treaty Examination of the UNESCO Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and Organisation for the Unification of International Law Convention on Stolen or Illegally Exported Cultural Objects (1995); Government Administration Committee (presented 27 August 2004):

The Committee stated that article 4 of the UNIDROIT Convention, which requires claimants of cultural objects to pay compensation to innocent purchasers for the loss of their property, may discourage potential claimants from seeking the return of the cultural object on the grounds that their efforts will ultimately go unrewarded.

Special Report on National Interest Analysis for the Cartagena Protocol on Biosafety (2000); Foreign Affairs, Defence and Trade Committee (presented 7 March 2005):

After the Primary Production Committee had produced its report on the Protocol (no matters drawn to the attention of the House), it and the Foreign Affairs, Defence and Trade Committee became aware of Cabinet policy papers that showed that Cabinet had received mixed advice from the seven departments tendering advice on the Protocol. Two departments recommended ratification, four departments recommended deferring ratification, and one recommended not ratifying the Protocol. The Foreign Affairs, Defence and Trade Committee drew this matter to the attention of the House, stating that the mixed advice should have been included in the national interest analysis presented to the House with the Protocol, as greater attention would have been paid to the Protocol had this been known. It undertook to ask the Standing Orders Committee to consider what changes, if any, should be made to the Standing Orders relating to the treaty-making process to address this issue. It did not comment on the adequacy of the initial report on the Protocol.

Report on International Treaty Examination of the New Zealand/Thailand Closer Economic Partnership Agreement (2004); Foreign Affairs, Defence and Trade Committee (presented 29 April 2005) [7 submissions, 1 heard (5 in support)]:

The majority of the Committee (Labour, United Future, and Progressive) endorsed the Agreement, but noted the concern that the Agreement does not include services (a concern that was lessened by a binding commitment in the Agreement to enter into negotiations on trade in services within three years of the Agreement entering into force). The minority view was expressed in three separate opinions. National supported the Agreement, but pointed out the following concerns: a clause reserving the right to accord more favourable treatment to Maori, a date for phasing out tariffs that is later than the date favoured by APEC, the non-inclusion of services, and an exception for aspects of support for creative arts of national value. New Zealand First indicated that the Agreement might have serious consequences for the New Zealand workforce, particularly in relation to the clothing, carpet, textile products, whiteware, plasterboard, steel, and textile industries. The Greens opposed the Agreement on the grounds that it favours primary production and would undermine efforts to diversify the New Zealand economy, and that its investment provisions appear to give foreign companies more rights than New Zealand investors. Both New Zealand First and the Greens noted that New Zealand signed the Agreement before the Committee had finished its deliberations.

Report on International Treaty Examination of the Accession to the Treaty of Amity and Cooperation in South East Asia (1976); Foreign Affairs, Defence and Trade Committee (presented 10 June 2005):

The Committee noted that accession to the treaty allows New Zealand to further consolidate its position in Southeast Asia, but would not compromise New Zealand’s ability to speak out on human rights issues or to pursue New Zealand’s rights and obligations under international treaties.

3. Report Where No Agreement Reached

Report on International Treaty Examination of the Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts, Components and Ammunition (2002), supplementing the United Nations Convention against Transnational Organised Crime (2000); Law and Order Committee (presented 2 September 2004):

The Committee split evenly. The four Labour members supported accession to the Protocol, particularly as it complemented work undertaken with respect to the Pacific (in 2003 the Pacific Forum Leaders endorsed the Draft Weapons Control Bill as a model for weapons control legislation). The two National, one New Zealand First, and one United Future members opposed it on the grounds that it was unnecessary and would result in significant compliance costs. The Committee was unable to reach agreement on whether or not New Zealand should enter into the Protocol.

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 Arms Forces Discipline Act 1971, which, in part, concerns agreements between New Zealand and any other country that provide for, or relate to, the presence in that country of any person subject to Arms Forces Discipline Act 1971 (s 93A). The amendments change the definitions of commanding officer and superior commander and make a few consequential adjustments.

Biosecurity Amendment Act 2004:

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 (these provisions do not limit subject matter). The amendments, initially introduced as a part of the Aquaculture Reform Bill, do not affect these provisions.

Crown Entities Act 2004:

This Act amends the Children’s Commissioner Act 2003, which gives “better effect” to the Convention on the Rights of the Child (1989) (s 3(c)), the Civil Aviation Act 1990, which implements the Convention for the Unification of Certain Rules for International Carriage by Air (1999) and a number of other related international agreements,^[22] the Films, Video, and Publications Classification Act 1993, which sets out exceptions to the freedom of expression provided under the New Zealand Bill of Rights Act 1990, which affirms New Zealand’s

commitment to the International Covenant on Civil and Political Rights (1966), the Hazardous Substances and New Organisms Act 1996, which gives effect to the Convention on Persistent Organic Pollutants (2001), the Maritime Transport Act 1994, which implements a host of international agreements,^[23] the New Zealand Antarctic Institute Act 1996, which gives the Minister the power to make directions to enable fulfilment of any obligation or undertaking arising from any international convention or agreement or arrangement (s 9(1)(a)), and the Social Welfare (Transitional Provisions) Act 1990, which contains a provision that allows the Governor-General to give effect to any agreement or convention with the Government of another country providing for reciprocity in respect of matters relating to social security monetary benefits (s 19(1)). The amendments align these Acts with the Crown Entities Act 2004.

Fisheries Amendment Act (No 3) 2004 [2004 No 104]:

Human Rights Amendment Act 2004:

This Act amends Human Rights Act 1993, whose long title states that it is an Act to “provide better protection of human rights in New Zealand in accordance with United Nations Covenants or Conventions on Human Rights”. The amendments, initially introduced as a part of the Employment Relations Law Reform Bill, adds a new section to the Human Rights Act 1993 that provides that a person with the option to bring certain complaints under either the Human Rights Act 1993 or the Employment Relations Act 2000 may only do so under one of these Acts (s 79A).

Income Tax Amendment Act 2005:

This Act amends the Income Tax Act 2004. Section BH 1 of the Income Tax Act 2004 provides for giving effect to double taxation agreements by Order in Council. The amendments, initially introduced as a part of the Relationships (Statutory References) Bill, align the Social Income Tax Act 2004 with the Civil Union Act 2004 by widening its application to civil union partners. These changes do not affect section BH 1 of the Income Tax Act 2004.

This Act, among other things, amends section 13(1) of the Adoption (Intercountry) Act 1997, which implements the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993), to change the reference to the Archive Act 1957 to the Public Records Act 2005.

Social Security (Social Assistance) Amendment Act 2005:

This Act amends the Social Security Act 1964. Section 77(1) of the Social Security Act 1964, which provides that a benefit is not payable while a beneficiary is absent from New Zealand, states that it is subject to any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990. The amendments change some definitions, rates, and benefits, but do not affect section 77 of the Social Security Act 1964.

Social Security (Long-term Residential Care) Amendment Act 2004:

This Act amends the Social Security Act 1964. Section 77(1) of the Social Security Act 1964, which provides that a benefit is not payable while a beneficiary is absent from New Zealand, states that it is subject to any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990. The amendments change, consolidate, and clarify provisions relating to long-term residential care provided to older people, but do not affect section 77 of the Social Security Act 1964.

Social Security (Working for Families) Amendment Act 2004:

This Act amends the Social Security Act 1964. Section 77(1) of the Social Security Act 1964, which provides that a benefit is not payable while a beneficiary is absent from New Zealand, states that it is subject to any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990. Among other things, the amendments bring in a new benefit rate structure for families, but do not affect section 77 of the Social Security Act 1964.

Taxation (Base Maintenance and Miscellaneous Provisions) Act 2005:

This Act amends the Income Tax Act 2004 among others. Section BH 1 of the Income Tax Act 2004 provides for giving effect to double taxation agreements by Order in Council. The amendments make a number of significant changes to taxation, but do not affect section BH 1 of the Income Tax Act 2004.

Taxation (Venture Capital and Miscellaneous Provisions) Act 2004:

Trade in Endangered Species Amendment Act 2005:

This Act amends the Trade in Endangered Species Act 1989, which implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The amendments specify several cross-references and make minor adjustments to two other provisions.

2. Acts Improving Compliance with Treaties Already Implemented
Care of Children Amendment Act 2005:

This Act amends the Care of Children Act 2004, which implements the Hague Convention on the Civil Aspects of International Child Abduction (1980), and aspects of the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social, and Cultural Rights (1966). The amendments, initially introduced as a part of the Relationships (Statutory References) Bill, align the Care of Children Act 2004 with the Civil Union Act 2004 by widening its application to civil union partners.

Care of Children Act 2004:

This Act reforms and replaces the Guardianship Act 1968, including the Guardianship Amendment Act 1991, which implemented the Hague Convention on the Civil Aspects of International Child Abduction (1980), and aspects of the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social, and Cultural Rights (1966).

Child Support Amendment Act 2005:

This Act amends the Child Support Act 1991, which contains a provision that allows the Governor-General to give effect to arrangements specified in any agreement with the Government of any country or territory outside New Zealand for reciprocity in respect of matters relating to child support or spousal maintenance, notwithstanding any thing in the Act or any other Act (s 215(1)). The amendments, initially introduced as a part of the Relationships (Statutory References) Bill, align the Child Support Act 1991 with the Civil Union Act 2004. It changes section 215(1) of the Child Support Act 1991 by changing its application from spousal maintenance to domestic maintenance.

Civil Aviation Amendment Act (No 2) 2004:

This Act amends the Civil Aviation Act 1990, which implements the Convention for the Unification of Certain Rules for International Carriage by Air (1999) and a number of other related international agreements.^[24] Among other things, the amendments, initially introduced as a part of the Transport Legislation Bill, provide the Minister with the function of administering New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which the New Zealand is a party, and also adjust the wording of section 91G of the Civil Aviation Act 1990, which concerns articles 21 and 22 of the Convention and article 22 of a prior version of the Convention.

Customs and Excise Amendment Act 2004:

This Act amends the Customs and Excise Act 1996, which implements the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (1999).^[25] The amendments strengthen border control security measures against terrorism and other suspicious activity relating to cross border crime organisations. They supplement the supplement the changes brought in by other anti-terrorism legislation, for example, the Maritime Security Act 2004, which implements certain changes to the International Convention for the Safety of Life at Sea (1974) and certain provisions of the International Code for Security of Ships and of Port Facilities (2002), and 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 Finance of Terrorism (1999), United Nations Security Council Resolution 1373 (2001), the Convention on the Physical Protection of Nuclear Material (1980), and the Convention on the Marking of Plastic Explosives for the Purposes of Detection (1991).

Fisheries Amendment Act (No 3) 2004 [2004 No 76]:

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 of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). The amendments concern the regulation of fishing with respect to highly migratory species of fish, particularly quotas, international fisheries organisations (which are organisations or arrangements that are defined as global, regional, or subregional fisheries organisations or arrangements), and international fisheries organisation management measures (ss 2(1) and 113B of the principal Act).

This Act amends the Geneva Conventions Act 1958, which implements the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949); the Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea (1949); the Geneva Convention relative to the Treatment of Prisoners of War (1949); the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949); the Protocol Additional to the Conventions and relating to the protection of victims of international armed conflicts (1977); and the Protocol Additional to the Conventions and relating to the protection of victims of non-international armed conflicts (1977). The amendments remove the phrase “to death or” from sections 4(1)(b) [notice of trial] and 6(1) [appeals], and repeal section 6(5) to (6).

Maritime Transport Amendment Act 2005:

This Act amends the Maritime Transport Act 1994, which implements the following international agreements:the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1924); the Protocol to International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1968); the Protocol to International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1979); the International Convention on Salvage (1989); the International Convention for the Prevention of Pollution from Ships (1973); the Protocol to the International Convention for the Prevention of Pollution from Ships (1978); the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1972); the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1996); the Convention on Civil Liability for Oil Pollution Damage (1969); the International Convention on Tonnage Measurement of Ships (1969); the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971); and, via the Maritime Transport (Marine Protection Conventions) Order 1999, the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969); the International Convention for the Prevention of Pollution from Ships (1973); the International Convention on Civil Liability for Oil Pollution Damage (1992); the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992); and the United Nations Convention on the Law of the Sea (1982). The amendments clarify the provisions regarding liability for pollution damage.

Misuse of Drugs Amendment Act 2005:

This Act amends the Misuse of Drugs Act 1975, which implements 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, among other things, move 2 items in Schedule 4 from Part 2 to Part 1 of that Schedule to reflect changes to the Annex to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).

This Act amends the Passport Act 1992. The amendments insert a definition of refugee that is expressly tied to the Immigration Act 1987 and the convention that it implements, that is, the Convention relating to the Status of Refugees (1951). The amendments also provide for the cancellation of various travel and identity documents on the grounds of national security, which aligns the Passport Act 1992 with 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 Finance of Terrorism (1999), United Nations Security Council Resolution 1373 (2001), the Convention on the Physical Protection of Nuclear Material (1980), and the Convention on the Marking of Plastic Explosives for the Purposes of Detection (1991). The amendments also give the courts the power to forbid the issue of passports to persons convicted of a terrorism related offence, that is, an offence under any of the following enactments: the Aviation Crimes Act 1972, which implements the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971), the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988); and the Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963); the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980, which implements the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents (1973), the Convention Against the Taking of Hostages (1979), and the Convention on the Safety of United Nations and Associated Personnel (1994); and the Maritime Crimes Act 1999, which implements the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988) and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988.

This Act reforms the legal arrangements for awarding compensation to prisoners for wrongs that occur in the corrections system, and for victims to make claims for the wrongs done to them by offenders. It establishes guidelines that restrict the award of public law damages for breaches of the New Zealand Bill of Rights Act 1990, which affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights (1966), the Human Rights Act 1993, whose long title states that it is an Act to “provide better protection of human rights in New Zealand in accordance with United Nations Covenants or Conventions on Human Rights”, and the Privacy Act 1993 that affect prisoners and other persons held in detention.

Social Security Amendment Act 2005:

This Act amends the Social Security Act 1964. Section 77(1) of the Social Security Act 1964, which provides that a benefit is not payable while a beneficiary is absent from New Zealand, states that it is subject to any agreement or convention adopted under section 19 of the Social Welfare (Transitional Provisions) Act 1990. The amendments, initially introduced as a part of the Relationships (Statutory References) Bill, align the Social Security Act 1964 with the Civil Union Act 2004. It changes section 77 of the Social Security Act 1964 widening its application to civil union partners.

Terrorism Suppression Amendment Act 2005:

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 Finance of Terrorism (1999), United Nations Security Council Resolution 1373 (2001), the Convention on the Physical Protection of Nuclear Material (1980), and the Convention on the Marking of Plastic Explosives for the Purposes of Detection (1991). It also consequentially amends the Immigration Act 1987, which implements the Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967), and the Proceeds to Crime Act 1991. The amendments create a new offence relating to terrorist finance, which ensures that New Zealand complies with the international standards for counter terrorist financing, as set and assessed by the Financial Action Task Force on Money Laundering.

Visiting Forces Act 2004:

This Act replaces the Visiting Forces Act 1939, which had provided that costs incurred in the maintenance and return of a sentenced member of a visitor force must be defrayed as agreed between the Minister of Defence and the Government of that member (s 4(4)). It also contained a provision that allowed the Governor-General, by Order in Council, to render inapplicable enactments that may affect visiting forces (s 4(5)). The Visiting Forces Act 2004 carries over the latter provision in a similar form (see s 17), but replaces the former with a more generalised approach. Section 3(b) of the Visiting Forces Act 2004 states that one of the purposes of the Act is to give effect to status of forces agreements that New Zealand has concluded with other States. Section 4(2) provides that the text of any status of forces agreement may be set out in regulations (its validity is not affected if it is not). The Act applies to every status of forces agreement in effect immediately before the commencement of the Act (s 27). The Act also consequentially amends the Armed Forces Discipline Act 1971, which, in part, concerns agreements between New Zealand and any other country that provide for, or relate to, the presence in that country of any person subject to the Armed Forces Discipline Act 1971 (s 93A), the Extradition Act 1999, which governs the execution of bilateral extradition agreements, and the Immigration Act 1987, which implements the Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967).

This Act amends the Crimes Act 1961, the Armed Forces Discipline Act 1971, which in part, concerns agreements between New Zealand and any other country that provide for, or relate to, the presence in that country of any person subject to Arms Forces Discipline Act 1971 (s 93A), the Extradition Act 1999, which governs the execution of bilateral extradition agreements, and the Mutual Assistance in Criminal Matters Act 1992, which implements the following international agreements: the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents (1973); the Convention Against the Taking of Hostages (1979); the Convention on the Safety of United Nations and Associated Personnel (1994); the United Nations Convention Against Illicit Traffic in Narcotic Drugs Psychotropic Substances (1988); the Single Convention on Narcotic Drugs (1961); the Protocol to the Single Convention on Narcotic Drugs (1972); the Convention on Psychotropic Substances (1971); the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984); the Convention for the Suppression of Unlawful Seizure of Aircraft (1970); the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (1971); the Protocol for the Suppression of Unlawful Acts of Violence at Airport Serving International Civil Aviation (1988); the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (1988); and the Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf (1988). The amendments facilitate compliance with the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000) by creating new offences prohibiting dealing in children for the purpose of sexual exploitation, the removal of body parts, and engagement in forced labour. The offence provisions may apply to actions taken outside New Zealand if the offender has some connection with New Zealand, the offence occurred on a New Zealand ship or aircraft, or the victim is a New Zealand citizen or resident. The amendments to the Extradition Act 1999 deem these offences as being included in extradition treaties.

This Act amends the Films, Video, and Publications Classification Act 1993, which sets out exceptions to the freedom of expression provided under the New Zealand Bill of Rights Act 1990, which affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights (1966), the Customs and Excise Act 1996, which gives effect to the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (1999), and the Mutual Assistance in Criminal Matters Act 1992, which implements a host of international agreements.^[26] The amendments give effect to the requirements of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000), including the creation of extraterritorial jurisdiction for certain offences.

Mercenary Activities (Prohibition) Act 2004:

This Act implements the International Convention against the Recruitment, Use, Financing and Training of Mercenaries (1989). The text of the Convention is set out in the schedule to the Act. This Act also amends the Extradition Act 1999, which governs the execution of bilateral extradition agreements, and the Mutual Assistance in Criminal Matters Act 1992, which implements a host of international agreements.^[27]

Tariff (New Zealand – Thailand Closer Economic Partnership) Act 2005:
This Act amends the Tariff Act 1988 to implement the New Zealand-Thailand Closer Economic Partnership Agreement (2005). The amendments enable preferential tariffs provided for in the Agreement to be conferred on Thailand.

B. Regulations^[28]

These rules are made under section 146 of the Care of Children Act 2004. The Act implements the Hague Convention on the Civil Aspects of International Child Abduction (1980), and aspects of the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social and Cultural Rights (1966). The rules specify the forms for applications under sections 102(1) and 112(1) of the Act, which concern transmitting certain claims to a contracting state other than New Zealand.

Customs and Excise (Rules of Origin for Thai Goods) Amendment Regulations 2005:^[2]

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996 to account for changes to the Tariff Act 1988 to implement the New Zealand-Thailand Closer Economic Partnership Agreement (2005).

These regulations are made under section 36(1) of the Energy Efficiency and Conservation Act 2000. They amend the Energy Efficiency (Energy Using Products) Regulations 2002 to give effect to new Australian/New Zealand joint standards regarding certain energy using products.

These regulations are made under sections 54 and 55 of the Gas Act 1992. They amend the Gas Regulations 1993 to give effect to new Australian/New Zealand joint standards regarding gas.

These regulations are made under section 140(1)(c) of the Hazardous Substances and New Organisms Act 1996. They amend the Hazardous Substances (Compressed Gases) Regulations 2004, which give effect to various international, American, Australian, and British standards regarding compressed gas. Among other things, the amendments substitute a revised Australian standard.

These regulations are made under section 76(1)(d), (e), and (f) of the Hazardous Substances and New Organisms Act 1996. They amend the Hazardous Substances (Disposal) Regulations 2001 to give effect to new United Nations standards regarding the disposal of certain hazardous substances.

These regulations are made under section 76(1)(a) of the Hazardous Substances and New Organisms Act 1996. They amend the Hazardous Substances (Packaging) Regulations 2001, which are based on the third revised edition of the Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria, published in 1999 by the United Nations (New York and Geneva), the 11th revised edition of the Recommendations on the Transport of Dangerous Goods Model Regulations, published in 1999 by the United Nations (New York and Geneva), and the following standards of the International Standards Organisation: ISO 1523: 1983 (Paints, Varnishes, Petroleum and Related Products: Determination of Flash Point, Closed Cup Equilibrium Method) and ISO 2431: 1984 (Paints and Varnishes: Determination of Flow Time by Use of Flow Cup). The amendments, among other things, provide that large packaging used to contain hazardous substances must be constructed, marked, and tested as provided in Chapter 6.6 of the 13^th revised edition of the Recommendation on the Transport of Dangerous Goods Model Regulations (2003).

This order is made under section 3A(1) of the Imports and Exports (Restrictions) Act 1988. It puts in place controls with respect to the export from New Zealand of living modified organisms. The controls are necessary to fulfil New Zealand’s obligations under the Cartagena Protocol on Biosafety (2000), which is a protocol to the Convention on Biological Diversity (1992).

These regulations are made under Part III of the Ozone Layer Protection Act 1996 and amend the Ozone Layer Protection Regulations 1996, which implements the Montreal Protocol on Substances that Deplete the Ozone Layer (1999).^[30] The amendment enables the responsible Minister to grant an exemption in respect of the prohibition of methyl bromide so that methyl bromide may be imported for use agreed by the Parties to the Montreal Protocol to be a critical use.

Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Regulations 2004:

These regulations are made under section 43 of the Resource Management Act 1991. Their purpose is to provide a guaranteed level of protection to people in New Zealand from certain contaminants in the air. They prescribe various standards, prohibitions, and controls regarding activities that discharge these contaminants, which give effect to various Australian standards, Australian/New Zealand joint standards, and United States federal regulations, and parts of the Convention of the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989).

Securities Act (International Financial Reporting Standards—Prospective Financial Information) Exemption Notice 2004:

This notice is made under Securities Act 1978. It exempts issuers and persons acting on their behalf from the obligation to include a statement in the auditor’s report, to the extent that the statement relates to accounting policies that are normally adopted by or in respect of the company, group, entity, unit trust, or scheme. The exemptions allow the use of accounting policies that are consistent with accounting policies that are reasonably expected to be used in the future, once New Zealand equivalents to International Financial Reporting Standards are adopted (whether because these have been approved as financial reporting standards, or because these have been published as pending standards by the Accounting Standards Review Board). The International Financial Reporting Standards and International Accounting Standards are those standards that have been issued or adopted by the International Accounting Standards Board in accordance with the constitution of the International Accounting Standards Committee Foundation.

These regulations are made under section 53 of the Trade in Endangered Species Act 1989. The Act implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The order, which replaces the Trade in Endangered Species Order 2003, substitutes new schedules in the Act. The new schedules update the lists of endangered, threatened, and exploited species.

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.

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). These regulations give effect to resolutions 1493 (2003) and 1552 (2004) of the Security Council.

These regulations are made under section 2 of the United Nations Act 1946. They give effect to the following conflict diamond trade-ban measures that the Security Council of the United Nations has, under Article 41 of the Charter of the United Nations (1945), called upon all member states to apply: the measures (to prohibit the direct or indirect import of all rough diamonds from Sierra Leone) set out in paragraph 1 of resolution 1306 (2000) of the Security Council, adopted pursuant to the Charter on 5 July 2000; the measures (to prevent the direct or indirect import of all rough diamonds from Liberia, whether or not such diamonds originated in Liberia) set out in paragraph 6 of resolution 1343 (2001) of the Security Council, adopted pursuant to the Charter on 7 March 2001; and other similar measures (to prevent illicit trade in rough diamonds that fuels armed conflicts that affect international peace and security) also to give effect to decisions of the Security Council, being measures and decisions set out in 1 or more paragraphs of other resolutions of the Security Council adopted pursuant to the Charter either before or after the commencement of the regulations. The regulations ensure that rough diamonds may only be imported into, or exported from, New Zealand in accordance with the Kimberly Process Certification Scheme adopted under the Interlaken Declaration (2002).

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). They amend the United Nations Sanctions (Liberia) Regulations 2001, which give effect to resolution 1343 (2001) of the Security Council of the United Nations. The amendments give effect to resolution 1532 (2004) of the Security Council.

Section 386(1) of the Maritime Transport Act 1994 provides for the making of rules to implement New Zealand obligations under any marine protection convention, to enable New Zealand to become a party to any international convention, protocol, or agreement relating to the protection of the marine environment, and to implement any international practices or standards relating to the protection of the marine environment that are recommended by the International Maritime Organisation. The following marine protection rules were amended or made during the current interval (17 November 2004):

The rule implements some of New Zealand’s obligations under the International Convention on Civil Liability for Oil Pollution Damage (1969). It requires owners of oil tankers carrying more than 2,000 tonnes of oil in bulk as cargo to hold insurance or a financial security to cover potential liability for oil pollution damage and specifying the form of and details to be shown on the certificate evidencing the financial arrangements.

The rule gives effect to “areas to be avoided” by certain ships in the vicinity of the Poor Knights Islands and the Three Kings Islands. Both areas are so designated in order to protect the marine environment. The rules instruct the owners, the charterers, and the masters of the ships to which the rules apply to avoid the defined areas. “Areas to be avoided” are one of the ships routeing measures that may be adopted by the International Maritime Organisation to protect the marine environment. The IMO adopted the Three Kings area to be avoided in 1995 and the Poor Knights area to be avoided in 2004.

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 made during the current interval (31 May 2005):

Part 24B prescribes the requirements for the stowage and securing of all cargoes other than liquid, gas or solid bulk cargoes, grain, timber deck cargoes and livestock (except livestock carried in road or rail vehicles). For ships carrying cargoes on international voyages, Part 24B implements the stowage and cargo securing requirements of Regulation 5, Chapter VI of the International Convention for the Safety of Life at Sea (1974). These ships, and ships 45 metres or more plying New Zealand waters are required to have an approved cargo securing manual and cargo stowed and secured in accordance with the appropriate requirements of the International Maritime Organisation Code of Safe Practice for Cargo Stowage and Securing. All offshore supply vessels that are New Zealand ships or are loading cargo at a New Zealand port or offshore installation are required to comply with the International Maritime Organisation Code of Safe Practice for the Carriage of Cargoes and Persons by Offshore Supply Vessels. Certain freight vehicles that are offered for shipment must have securing points for lashing to ships that comply with the provisions of the International Standard ISO 9367-1.

Part 24D implements the requirements of the International Convention for Safe Containers (1972), which relates to “convention containers” (or ISO-type containers).

Part 24E sets out the requirements for containers that are not covered by the International Convention for Safe Containers (1972). In doing so, it draws on the International Maritime Dangerous Goods Code published by the International Maritime Organisation and the Guidelines for the Approval of Offshore Containers Handled in Open Seas’ approved by the International Maritime Organisation’s Maritime Safety Committee at its 69th session and published as MSC/Circ.860.

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 such rule was made during the current interval (6 July 2004):

The rule is based on standards set out in Automobile Type Approval Handbook for Japanese Certification and regulations of the United Nations Economic Commission for Europe.

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

Young sought a declaration that Hemmes was his natural father under section 10 of the Status of Children Act 1999. Section 16(2) of the Adoption Act 1955 deemed Young the child of his adoptive father and not the child of his natural father for all purposes. Section 13(3)(b) of the Status of Children Act 1999 preserved the effect of adoption orders under the Adoption Act 1955. Hemmes, relying on these provisions, applied to dismiss the proceedings on the grounds that Young’s application could not succeed at law. The Court of Appeal, noting that drawing a distinction between adoptees (who were not able to seek a declaration of paternity) and non-adoptees (who were) would discriminatory in terms of article 26 of the International Covenant on Civil and Political Rights (1966) [776], upheld the High Court’s ruling that section 16(2) of the Adoption Act 1955 did not preclude an application for a declaration of paternity [778]. The Court of Appeal noted that the Convention on the Rights of the Child (1989) did not yet reach the issues that Young raised but indicated that the “tide of opinion is flowing in that direction” [772].

X, a diplomat, was charged with indecent assault. X sought the exclusion of X’s semen as evidence on the grounds that article 29 of the Vienna Convention on Diplomatic Relations (1961) provides that “the person of a diplomatic agent shall be inviolable”. The Court of Appeal upheld the High Court’s ruling that the semen was admissible on the grounds that article 29 did not apply as the semen was not obtained by New Zealand authorities via detention, arrest, or constraint [127].

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). Zaoui sought judicial review of this ruling. On this point, the High Court ruled as follows:^[31]

The Court of Appeal held that the Inspector-General’s preliminary decision was subject to judicial review. In doing so, it ruled that it was for the Inspector-General to decide whether the security risk was properly made and for the Minister of Immigration to decide whether to remove or deport in reliance on the certificate. However, it also ruled that the Inspector-General is required under section 114C(6)(a) of the Immigration Act 1987 to consider whether there were objectively reasonable grounds, based on credible evidence, for regarding Zaoui as a prospective or present danger to the security of New Zealand in terms of article 33.2 of the Convention [169]. The case also cites the Protocol Relating to the Status of Refugees (1967), the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Vienna Convention on the Law of Treaties (1980).

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

Attorney-General v Udompun [2005] NZCA 128; [2005] 3 NZLR 204 (Court of Appeal), immigration case that cites the International Covenant on Civil and Political Rights (1966).

R v Taito [2005] NZCA 22; [2005] 2 NZLR 815 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Brown v Attorney-General [2005] 2 NZLR 405 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[32]

R v Cara [2005] 1 NZLR 823 (High Court Auckland), criminal procedure case that cites the Convention Against Transnational Organized Crime (2000).

R v Morgan (Thomas) [2004] NZCA 353; [2005] 1 NZLR 791 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

R v Mitford [or R v Epapara] [2004] NZCA 216; [2005] 1 NZLR 753 (Court of Appeal), criminal procedure case that cites the Convention Against Transnational Organized Crime (2000).

Hopkinson v Police [2004] NZHC 1089; [2004] 3 NZLR 704 (High Court Wellington), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Zaoui v Attorney-General [2004] NZCA 228; [2005] 1 NZLR 577 (Court of Appeal), immigration case that cites the Convention Relating to the Status of Refugees (1951), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[33] and the International Covenant on Civil and Political Rights (1966).

3. Cases Reported in Other Series that Reference International Obligations

Attorney-General v Zaoui [2005] New Zealand Supreme Court 38 (Chief Justice Elias and Justices Gault, Keith, Blanchard, and Eichelbaum), immigration case that cites the Convention Relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), the Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (1977), the Vienna Convention on the Law of Treaties (1969).

Morgan v Superintendent, Rimutaka Prison [2005] New Zealand Supreme Court 26 (Chief Justice Elias and Justices Gault, Blanchard, Tipping, and Henry), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966) and the European Convention on Human Rights (1950).^[34]

Morgan v Superintendent, Rimutaka Prison (2005) 21 Criminal Reports of New Zealand 514 (Court of Appeal, Justices McGrath, Hammond, and O’Regan), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966) and European Convention on Human Rights (1950).^[35]

T v S [or T v S (Guardianship)] [2005] New Zealand Family Law Reports 466 (Court of Appeal, President Anderson and Justices Hammond and William Young), paternity case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v Chadderton (2004) 21 Criminal Reports of New Zealand 566 (Court of Appeal, Justices Chambers, Baragwanath, and Goddard), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Clark v Attorney-General (2004) 17 Procedure Reports of New Zealand 554 (Court of Appeal, Justices Glazebrook, Panckhurst, and Gendall), criminal procedure case that cites the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and the International Covenant on Civil and Political Rights (1966).

Clark v Attorney-General (2004) 17 Procedure Reports of New Zealand 161 (High Court Wellington, Judge MacKenzie), criminal procedure case that cites the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and the International Covenant on Civil and Political Rights (1966).

Markevich v R (2004) 21 Criminal Reports of New Zealand 41 (High Court Auckland, Judge Priestley), immigration case that cites the Convention Relating to the Status of Refugees (1951), the Treaty of Westphalia (1648), the Convention Against Transnational Organised Crime (2000), the Protocol Against the Smuggling of Migrants by Land, Sea and Air (2000).

Re R [2005] New Zealand Family Law Reports 228 (High Court Auckland, Judge Keane), custody case that cites the Convention on the Rights of the Child (1989).

Television New Zealand Ltd v Viewers for Television Excellence Inc [2005] New Zealand Administrative Reports 1 (High Court Wellington, Judge Wild), freedom of expression case that cites the Convention on the Rights of the Child (1989).

B. Unreported Cases

Willowford Family Trust v Christchurch City Council (High Court Christchurch, CIV-2004-409-2299, 29 July 2005, Judge Panckhurst); noted: 28 The Capital Letter 29/1, freedom of association case that cites the International Covenant on Economic, Social and Cultural Rights (1966).

Yachting New Zealand Inc v Birkenfeld (High Court Auckland, CIV-2005-404-438, 22 July 2005, Judge Keane), civil procedure case that cites the Convention on Limitation of Liability for Maritime Claims (1976).

Kivalu v Accident Compensation Corporation (High Court Auckland, CRI 2005-404-73, 14 July 2005, Judge Simon France), criminal procedure that cites the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), and the International Covenant on Economic, Social and Cultural Rights (1966).

Naysmith v Accident Compensation Corporation (High Court Whangarei, CIV-2004-488-627, 20 June 2005, Judge Baragwanath); noted: [2005] Butterworths Current Law 606; 28 The Capital Letter 28/6, accident compensation case that cites the International Covenant on Civil and Political Rights (1966) and the European Convention for the Protection of Human Rights (1950).^[36]

Accident Compensation Corporation v Estate of Rob Lehmann (High Court Wellington, CIV-2004-485-2132, 3 June 2005, Judge Goddard); noted: [2005] Butterworths Current Law 551; 28 The Capital Letter 25/2, accident compensation case that cites International Labour Convention 42 concerning Workmen’s Compensation (Occupational Diseases) (1934).

Clark v Governor-General (High Court Wellington, CIV-2004-485-1902, 27 May 2005, Associate Judge Gendall); noted: [2005] Butterworths Current Law 555; 28 The Capital Letter 23/5, civil procedure case that cites the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the International Covenant on Civil and Political Rights (1966), the Vienna Convention on the Law of Treaties (1969), and the European Convention on Human Rights (1950).^[37]

Wright v Attorney-General (High Court Auckland, CIV2004-404-004646, 27 May 2005, Judge Venning); noted: 28 The Capital Letter 24/7, criminal procedure case that cites the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966).

Attorney-General v Udompun (Court of Appeal, CA244/03, 26 May 2005, Justices McGrath, Glazebrook, Hammond, William Young, and O’Regan); noted: [2005] Butterworths Current Law 581; 28 The Capital Letter 21/1, immigration case that cites the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966).

Rcc v Cac (Family Court Auckland, FAM2004-070-751, 18 April 2005, Judge Neal), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v Olamoe (Court of Appeal, CA459/04, 8 April 2005, Justices William Young, Randerson, and Robertson); noted: [2005] Butterworths Current Law 422; 28 The Capital Letter 15/4; [2005] New Zealand Law Journal 192, criminal procedure case that cites the European Convention on Human Rights (1950).^[38]

Wang v Police (High Court Auckland, CRI-2004-404-476, 23 March 2005, Judge Baragwanath), a criminal procedure case that cites the Berne Copyright Convention (1971).

Murrow v Hunter [or M v H] (High Court Christchurch, CIV-2005-409-000564, 21 March 2005, Judges Panckhurst and Chisholm); noted: [2005] Butterworths Current Law 342; 28 The Capital Letter 14/5, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

M v Chief Executive of the Department of Child Youth and Family Services (High Court Wellington, CIV-2004-485-74; CIV-2004-485-1676, 4 March 2005, Judge Gendall), custody case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[39]

Cg v Sg (Family Court Marton, unnumbered, 28 February 2005, Judge Callinicos), custody case that cites the Convention on the Rights of the Child (1989).

Sk v Kp (Court of Appeal, CA64/04, 24 February 2005, Justices McGrath, Glazebrook, and William Young); noted [2005] Butterworths Current Law 287; 28 The Capital Letter 8/6; [2005] New Zealand Law Journal 194, custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980) and the Vienna Convention on the Law of Treaties (1969).

X v Police (High Court Auckland, CRI2004-404-374, 11 February 2005, Judges Heath and Courtney); noted: [2005] Butterworths Current Law 252; 28 The Capital Letter 7/2, criminal procedure case that cites the Convention on the Rights of the Child (1989).

Guan v McGuire [or G v M] (High Court Auckland, CIV2005-404-129, 27 January 2005, Judge Heath); noted: 28 The Capital Letter 7/6, custody case that cites the Convention on the Rights of the Child (1989).

Ranjha v Zulfiqar (Family Court Christchurch, FAM-1998-009-3048, 21 January 2005, Judge Somerville), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Jgb v Cjl (Family Court Invercargill, FAM-2004-025-590, 23 December 2004, Judge Walsh), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Am v Hs (Family Court North Shore, FAM2004-044-822, 22 December 2004, Judge Fleming), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Jh v Ms (Family Court North Shore, FAM2003-044-2219, 13 December 2004, Judge Ryan), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Mate v Singh (Family Court Whakatane, FAM1999-063-000266, 9 December 2004, Judge Somerville), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Ahmadzai v Chief Executive of the Department of Labour (High Court Wellington, CIV-2004-485-1752, 6 December 2004, Judge Ellen France); noted: [2005] Butterworths Current Law 177, immigration case that cites the Convention on the Rights of the Child (1989).

Clark v Attorney-General (Court of Appeal, CA213/04, 9 December 2004, Justices Glazebrook, Hammond, and William Young), criminal procedure case that cites the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984).

Zaoui v Attorney-General (Supreme Court of New Zealand, SCCIV13/2004, 25 November 2004, Chief Justice Elias and Justices Gault, Keith, Blanchard, and Eichelbaum; noted: [2005] Butterworths Current Law 53; 27 The Capital Letter 47/3, immigration case that cites the Convention Relating to the Status of Refugees (1951) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).

R v Donaldson (Court of Appeal, CA453/99, 23 November 2004, Justices Glazebrook, Hammond, and William Young), criminal procedure that cites the International Covenant on Civil and Political Rights (1966).

Hj v Secretary for Justice (Court of Appeal, CA140/04, 18 November 2004, Justices William Young, Chambers, and O’Regan); noted: [2005] Butterworths Current Law 57; 27 The Capital Letter 46/7, civil procedure case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Rajabian v Chief Executive of the Department of Work and Income New Zealand (High Court Auckland, CIV-2004-485-671, 12 October 2004, Judge Potter); noted: [2004] Butterworths Current Law 1023; New Zealand Case Law Digest 5^th Series 6620; 27 The Capital Letter 46/11, immigration case that cites the Convention Relating to the Status of Refugees (1951).

K v Refugee Status Appeals Authority (High Court Wellington, CIV-2003-485-2031, 5 October 2004, Judge Gendall); noted: [2004] Butterworths Current Law 1098; New Zealand Case Law Digest 5^th Series 6645, immigration case that cites the Convention Relating to the Status of Refugees (1951).

Taito v Chief Executive, Department of Labour (High Court Auckland, CIV2004-485-1987; CIV2004-404-6432, 23 September 2004, Judge Baragwanath); noted: 27 The Capital Letter 43/4, immigration case citing the European Convention for the Protection of Human Rights (1950),^[40] the Universal Declaration of Human Rights (1948), and the International Covenant on Civil and Political Rights (1966).

R v Chechelnitski (Court of Appeal, CA160/04, 1 September 2004, Justices McGrath, Glazebrook, and O’Regan); noted: [2004] Butterworths Current Law 882; 27 The Capital Letter 35/8, criminal procedure case that cites the Convention Against Transnational Organised Crime (2000), the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000), and the Protocol against the Smuggling of Migrants by Land, Sea and Air (2000).

Accident Compensation Corporation v Estate of the Late Ross Lehmann (District Court Wellington, 225/2004, 6 August 2004, Judge Ongley), accident compensation case that cites the International Labour Convention 42 concerning Workmen’s Compensation (Occupational Diseases) (1934).

Miller v Cullimore (Family Court Christchurch, FAM-2004-009-001338, 6 August 2004, Judge Somerville), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Zaoui v Attorney-General (High Court Auckland, CIV2004-404-2309, 16 July 2004, Judge Paterson); noted: [2004] Butterworths Current Law 701; 27 The Capital Letter 34/3, immigration case that cites the Convention Relating to the Status of Refugees (1951).

Squid Fishery Management Company Ltd v Minister of Fisheries (Court of Appeal, CA39/04, 13 July 2004, Justices Hammond, William Young, and O’Regan); noted: [2004] Butterworths Current Law 698; 27 The Capital Letter 27/5, fisheries case that cites the Convention on the Law of the Sea (1982).

Hessell v Chief Executive of the Department of Work and Income New Zealand (High Court Christchurch, CIV2004485000654, 6 July 2004, Judge Chisholm); noted: New Zealand Case Law Digest 5^th Series 6444; 27 The Capital Letter 32/7, social welfare entitlement case that cites the Convention on the Rights of the Child (1989).

C. Distribution of References to International Agreements Among Various Courts, NZLR Cases, Other Reported Cases, and Unreported Cases^[41]

International obligations	NZLR	Other	Unrep	All	Total
International Covenant on Civil and Political Rights (1966)	CA: 6 HC: 1	SC: 2 CA: 3 HC: 1	CA: 2 HC: 5	SC: 2 CA: 11 HC: 7	20
Hague Convention on the Civil Aspects of International Child Abduction (1980)		CA: 1	CA: 2 HC: 1 FC: 7	CA: 3 HC: 1 FC: 7	11
European Convention on Human Rights (1950)^[42]	CA: 2	SC: 1 CA: 1	CA: 1 HC: 4	SC: 1 CA: 4 HC: 4	9
Convention relating to the Status of Refugees (1951)	CA: 2	SC: 1 HC: 1	SC: 1 HC: 3	SC: 2 CA: 2 HC: 4	8
Convention on the Rights of the Child (1989)	CA: 1	HC: 2	HC: 4 FC: 1	CA: 1 HC: 6 FC: 1	8
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)	CA: 1	CA: 1 HC: 1	SC: 1 CA: 1 HC: 1	SC: 1 CA: 3 HC: 2	6
Vienna Convention on the Law of Treaties (1969)	CA: 1	SC: 1	CA: 1 HC: 1	SC: 1 CA: 2 HC: 1	4
Universal Declaration of Human Rights (1948)			CA: 1 HC: 3	CA: 1 HC: 3	4

Convention Against Transnational Organized Crime (2000)	CA: 1 HC: 1	HC: 1	CA: 1	CA: 2 HC: 2	4
International Covenant on Economic, Social and Cultural Rights (1966)			HC: 2	HC: 2	2
International Labour Convention 42 on Workmen’s Compensation (Occupational Diseases) (1934)			HC: 1 DC: 1	HC: 1 DC: 1	2
Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (1977)		SC: 1		SC: 1	1
Convention on Limitation of Liability for Maritime Claims (1976)			HC: 1	HC: 1	1
Vienna Convention on Diplomatic Relations (1961)	CA: 1			CA: 1	1
Protocol Relating to the Status of Refugees (1967)	CA: 1			CA: 1	1
Protocol Against the Smuggling of Migrants by Land, Sea and Air (2000)		HC: 1		HC: 1	1
Berne Copyright Convention (1971)			HC: 1	HC: 1	1
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)			CA: 1	CA: 1	1
Protocol against the Smuggling of Migrants by Land, Sea and Air (2000)			CA: 1	CA: 1	1
Convention on the Law of the Sea (1982)			CA: 1	CA: 1	1
Treaty of Westphalia (1648)		HC: 1		HC: 1	1
Subtotals	CA: 16 HC: 2	SC: 6 CA: 6 HC: 8	SC: 2 CA: 12 HC: 27 FC: 8 DC: 1	SC: 8 CA: 34 HC: 37 FC: 8 DC: 1
Grand Totals	18	20	50	88	88

^[*] 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. With respect to the regulations listed in Part III.B, the able research assistance of Dolon Sarkar is hereby gratefully acknowledged.

^[4] The overview of the previous interval noted 28 Acts (12 that simply amended Acts that had implemented treaties, five that improved compliance with treaties that had already been implemented, and 11 that implemented new treaties): Mark Gobbi ‘Treaty Action and

Implementation’ (200[5]) [2005] NZYbkIntLaw 14; 2 New Zealand Yearbook of International Law 357. An additional Act belonging to the previous interval has since come to light, namely the Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act 2003, which, as a result of a joint Australian/New Zealand initiative, changes New Zealand’s tax laws to make New Zealand income tax imputation credits available to Australian companies. For the purposes of comparison in this section, the figures taken from the previous interval were adjusted to take this Act into account.

⁵ Some of these Acts implemented more than one treaty, and some of these Acts implemented the same treaty.

^[6] This appears to be the first time this has occurred. See generally the treaty examination reports listed in Part II.B and in Gobbi, above n 4, 367-369 and Mark Gobbi ‘Treaty Action and Implementation’ (2004) 1 New Zealand Yearbook of International Law 242-250.

⁷ For a discussion of the evolution of this practice, see Gobbi, above n 4, 358-360.

^[10] Standing Orders of the House of Representatives (2004) 109; see also Report of the Standing Orders Committee, Review of Standing Orders, December 2003, I.18B, 79. On 12 August 2005, shortly after the close of the current interval, the House of Representatives brought into force amendments to the Standing Orders. Standing Order 384, as quoted in the text, is now Standing Order 389. See Standing Orders of the House of Representatives (2005) 114.

^[11] Government Administration Committee, Report on International Treaty Examination of the UNESCO Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and Organisation for the Unification of International Law Convention on Stolen or Illegally Exported Cultural Objects (1995) (presented 27 August 2004) 4.

^[12] Cabinet Manual, para 5.86, online: <www.dpmc.govt.nz/cabinet/manual/5.html#5.83> (last accessed on 15 February 2006). According to the Ministry of Foreign Affairs and Trade, “once Cabinet has approved the proposed treaty action, the Legal Division of the Ministry of Foreign Affairs and Trade is responsible for presenting the treaty and the [NIA] to the House of Representatives”: Ministry of Foreign Affairs and Trade website at: <www.mfat.govt.nz/support/legal/treaties/treatyregister.html> (last accessed on 15 February 2006).

^[13] National Interest Analysis (NIA) Template in Ministry of Foreign Affairs and Trade, Supplementary Reference Material for International Treaty Information Seminar (16 June 2004). On 12 August 2005, shortly after the close of the current interval, the House of Representatives brought into force amendments to the Standing Orders. Standing Order 388 lists the matters that a National Interest Analysis must currently address. See Standing Orders of the House of Representatives (2005) 113.

^[14] The justification required must meet narrowly prescribed criteria. See generally Government Response to Report of the Regulations Review Committee on Inquiry into Regulation-Making Powers that Authorise International Treaties to Override any Provisions of New Zealand Enactments, A.5 (2002); Report of the Regulations Review Committee, Inquiry into Regulation-Making Powers that Authorise International Treaties to Override any Provisions of New Zealand Enactments, I.16H (March 2002).

^[15] The overview of the previous interval noted 55 regulations. See Gobbi, above n 4, 360, 381-396 (the 2005 text states that the remaining 36 regulations concerned the implementation multilateral agreements but should state that the remaining 38 did so (see list in Part III.B of 2005 text)). The following order that belongs to the previous interval has since come to light: the Diplomatic Privileges (EC) Order 2004 (made under section 9 of the Diplomatic Privileges and Immunities Act 1968, which implements the Vienna Convention on Diplomatic Relations (1961)). The order extends the certain diplomatic privileges to the European Atomic Energy Commission, the European Commission, and the European Community. For the purposes of comparison in this section, the figures taken from the previous interval were adjusted to take these discrepancies into account.

^[16] For a list of government agencies responsible for preparing periodic reports for these treaties, see Gobbi (2004), above n 6, 315 n 15.

^[19] The overview of the previous interval noted 43 judgments, of which 9 were reported in the NZLR, 12 were reported in other series, and 22 were unreported. See Gobbi, above n 4, 361, 396-403 (the 2005 text states that there were 28 unreported cases but should state that there were 22 unreported cases; it also states that, of the cases reported in the NZLR series, the Court of Appeal delivered seven judgments and the High Court delivered 11 but should state that each delivered 4; it also states that, of the 43 cases, five concern civil procedure but should state that six concern civil procedure (see list in Part IV of 2005 text)). Subsequently, three of the unreported cases have been included in the NZLR series; they are as follows: Pfizer Inc v Commissioner of Patents [2004] NZCA 104; [2005] 1 NZLR 362 (Court of Appeal), civil procedure case that cites GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994); Dairy Containers Ltd v Tasman Orient Line CV [2004] UKPC 22; [2005] 1 NZLR 433 (Privy Council), contract case that cites the International Convention for the Unification of Certain Rules relating to the Bills of Lading (1924); and Ransfield v Radio Network Ltd [2005] 1 NZLR 233 (High Court), censorship case that cites the International Covenant on Civil and Political Rights (1966). Of these cases, international obligations were determinative in Pfizer and Diary. In addition, three other cases reported in the NZLR series and one unreported case, all of which fall within the previous interval, have come to light; they are as follows: Hosking v Runting [2004] NZCA 34; [2005] 1 NZLR 1 (Court of Appeal), tort case that cites the Convention on the Rights of the Child (1989) and the International Covenant on Civil and Political Rights (1966); Manuel v Superintendent of Hawkes Bay Regional Prison [2005] 1 NZLR 161 (Court of Appeal), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966); Whata-Wickliffe v Treaty of Waitangi Fisheries Commission [2004] NZCA 113; [2005] 1 NZLR 388 (Court of Appeal), fisheries case that cites the Convention on the Law of the Sea (1982); and Hj v Secretary for Justice (as the New Zealand Central Authority on Behalf of Tj) (High Court Wellington, CIV-2004-441-263, 15 June 2004, Judge France), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980). With respect to the NZLR cases in this group, 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 discrepancies into account.

²⁰ New Zealand Ministry of Foreign Affairs and Trade, Annual Report 2004/05, A.1 (2005) 17-19.

^[21] The report also records a number of other issues that the Committee raised but concluded were adequately addressed by the answers it received from the relevant departmental advisers.

^[22] For a list of these international agreements, see Legislation Advisory Committee, Guidelines on Process and Content of Legislation (2001) 184-185, also available at <www.justice.govt.nz/lac/pubs/2001/legislative_guide_2000/appendix_3.html> (last accessed on 15 February 2006). These agreements apply where two parties have entered into a particular agreement but only one of them has entered into a subsequent agreement (that is, the latest agreement that is binding on both parties applies).

^[24] For a list of these international agreements, see Legislation Advisory Committee, Guidelines on Process and Content of Legislation, above n 23. These agreements apply where two parties have entered into a particular agreement but only one of them has entered into a subsequent agreement (that is, the latest agreement that is binding on both parties applies).

^[25] This protocol pertains to the International Convention on the Simplification and Harmonization of Customs Procedures (1973).

^[28] This list of regulations does not include commencement orders for Acts that implement international obligations (e.g., Corrections Act Commencement Order 2005, Hazardous

Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order [2]004, Mercenary Activities (Prohibition) Act Commencement Order 2004, and Taxation (GST, Trans-Tasman Imputation and Miscellaneous Provisions) Act Commencement Order 2004).

²⁹ This list does not include amendment regulations that simply amend other regulations that give effect to various international standards (e.g., the Hazardous Substances (Classes 6, 8, and 9 Controls) Amendment Regulations 2004, the Hazardous Substances (Tracking) Amendment Regulations 2004, the Hazardous Substances (Tank Wagons and Transportable Containers) Amendment Regulations 2004, and the Resource Management (National Environmental Standards Relating to Certain Air Pollutants, Dioxins, and Other Toxics) Amendment Regulations 2004).

^[30] The Ozone Layer Protection Amendment Regulations 2000 replaced the 1995 version of the Protocol with the 1999 version of the Protocol.

^[41] Key: SC = Supreme Court, CA = Court of Appeal, HC = High Court, FC = Family Court, DC = District Court.

^[42] New Zealand is not a party to this Convention.

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