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Gobbi, Mark --- "In Search of International Standards and Obligations Relevant to New Zealand Acts" [2007] NZYbkIntLaw 19; (2007) 4 New Zealand Yearbook of International Law 349

IN SEARCH OF INTERNATIONAL STANDARDS AND OBLIGATIONS RELEVANT TO NEW ZEALAND ACTS

Mark Gobbi^[*]

I. Introduction

Some years ago the Cabinet Office produced a document called the Cabinet Office Manual. In its current form, the Cabinet Office Manual is “the authoritative guide to central government decision making”.^[1] Among many other things, it stipulates that if a minister submits a bill to Cabinet for approval for introduction in the House of Representatives, the minister must confirm that the bill complies with the relevant international standards and obligations.^[2] Cabinet has followed this practice since at least 1991,^[3] which, given New Zealand’s constitutional arrangements and political realities,^[4] suggests that the vast majority of the Acts that Parliament has enacted since 1991 are consistent, or are intended to be consistent, with the relevant international standards and obligations.^[5] The practice also lends considerable support to the judiciary’s frequently stated view that New Zealand legislation should be read in a way that is consistent with New Zealand’s international obligations.^[6]

Before the completion of the state sector reforms in the late 1990s and the attendant retirement of many senior officials, institutional knowledge could be relied upon to verify whether a proposed bill, particularly a bill amending extant legislation, complied with the relevant international standards and obligations. As this is no longer the case, agencies that administer Acts with implications for these standards and obligations would be far less likely to provide advice that would inadvertently place New Zealand afoul of these standards and obligations if they were to maintain current lists of these Acts, especially lists that expressly identify the relevant standards and obligations. The practice would reduce the risk of enacting inconsistent legislation or the risk of failing to enact legislation required to give effect to a particular standard or obligation.

To assist in the creation of agency-specific lists or the maintenance of extant agency-specific lists, this article sets out, in Part V, the Acts known to have implications for the relevant international standards and obligations, and identifies the international instruments^[7] relevant to each of these Acts. How this master list came to be is outlined in Part II. Part III records some observations regarding the master list, the most arresting being the upward trend in Acts that directly give effect to international standards and obligations in the past few decades, the substantial number and astonishing variety of international instruments that have shaped the content of New Zealand law, the need to be aware of these Acts and agreements to avoid placing New Zealand in breach of its international obligations, and the practical constraints that these obligations place on Parliament’s legislative latitude. Part IV recommends, among other things, that the agencies that administer Acts that have implications for the relevant international standards and obligations develop lists of these Acts, particularly lists that identify the relevant standards and obligations, and that these agencies review their lists regularly (at least annually).

II. How the Master List Came to be

The idea for the master list started to come to mind shortly after the publication of the 1991 version of the Cabinet Office Manual while working as a legal adviser in the Law Reform Division of the now defunct Department of Justice. Legal advisers had responsibility for preparing Cabinet papers that sought changes to the legislation administered by the Department. The 1991 version of the Cabinet Office Manual prescribed the idealised form for these kinds of Cabinet papers, particularly the request for a bill to be included in a government’s legislative programme and the cover sheet accompanying a bill seeking Cabinet’s approval for its introduction in the House of Representatives. Both idealised forms required an indication of whether the bill complied with the “relevant international standards and obligations” and to provide reasons if it did not.^[8]

To provide this advice in a timely manner, new advisers had to rely on the knowledge of seasoned advisers. A database could not be consulted because it did not exist. The Internet was nowhere near as robust a research tool as it is today, with its myriad of sites dedicated to international law in general and treaties in particular. In addition, funding for personal computers, let alone Internet access, was still some years away. The few personal computers that were available in the Law Reform Division of the Department of Justice at the time were dedicated to word processing, and none had access to the Internet. The Ministry of Foreign Affairs and Trade’s consolidated list of the treaties to which New Zealand is a party would not be available until 1997.^[9] The traditional research resources, particularly treaty collections and international law commentaries, were useful in obtaining the text of treaties or analyses of their perceived effects but advisers new to the area still had to undertake considerable legwork to determine whether a given legislative proposal had implications for a given international standard or obligation, particularly if the relevant international instruments were initially unknown to the advisers. This is also the case with today’s online resources.

Matters improved somewhat when the Legislation Advisory Committee (LAC) began circulating its revised guidelines for legislative change in 1992.^[10] The revised guidelines included a list of Acts with “possible implications for New Zealand treaties”.^[11] Although the list provided advisors dealing with proposed amendments to the listed Acts with some indication that an international standard or obligation might be involved, it stopped short of identifying the relevant international instruments. In addition, advisors had to treat this list with some caution because, as the LAC noted, it simply listed “Acts which appear to raise issues concerning New Zealand’s international rights and obligations”.^[12]

With this in mind, the idea of developing a list of Acts administered by the Department of Justice that had implications for the relevant international standards or obligations and indicated the relevant international instruments, suggested itself. Work on this project began to gather pace before the Department of Justice underwent restructuring in 1995,^[13] a process that saw the Department split into three agencies (the Ministry of Justice, the Department for Courts, and the Department of Corrections)^[14] and the diversion of the resources initially dedicated to the project. Nevertheless, the Ministry of Justice decided in 1996 that the work, while incomplete, should be published on the Ministry’s website, where it can still be found under the title of The Ministry of Justice’s Database of New Zealand’s Multilateral Agreements.^[15] Part III of the database lists the Acts that the Ministry of Justice administered in 1996 and cross-indexes them with the multilateral agreements to which they were known to relate (often referring to the relevant article of the particular multilateral agreement). Part IV of the database lists a number of multilateral agreements and cross-indexes some of the articles from these agreements with the Acts to which they were known to relate (occasionally matching the article of a particular agreement with the section of a particular Act). While in need of completion (and updating), the database is an example that agencies might consider when developing their own agency-specific lists.

The idea of developing a more generalised database came to mind some time after becoming Parliamentary Counsel. The Parliamentary Counsel Office hosted a drafting forum in February 2000 for New Zealand and Australian drafters, which provided an occasion to present a paper canvassing the drafting techniques for implementing treaties in New Zealand.^[16] Among other things, the paper set out the Acts that specify the treaties that they implement. It also listed those Acts that refer to New Zealand’s international obligations but do not specify the relevant treaties. A revision of this paper appeared in the Statute Law Review,^[17] and served as the basis for the list of Acts that expressly implement treaties (and a few that do not) that appears in Appendix 3 of the current version of the LAC Guidelines.^[18]

As one might have expected, the old and new LAC lists diverge considerably. Time is one factor in this divergence, as the lists are separated by a decade in which the number of Acts implementing new international instruments has increased significantly.^[19] Another factor is the presence of a large number of Acts on the old list that were not included in the new list because they contained no mention of the relevant international standards or obligations. Tracking down the relevant international instruments with respect to these Acts (if any) led to the creation of the master list set out in Part V. The master list rationalises the two LAC lists and the Ministry of Justice database,^[20] and updates the result by using the data regarding Acts implementing treaties set out in this volume^[21] and previous volumes of the Yearbook^[22] and several previously overlooked Acts. It is current as of 30 June 2006 and, barring the unexpected, is intended to be updated annually in subsequent editions of the Yearbook.^[23]

III. Some Observations Regarding the Master List

In one sense, every Act can be said to have implications for New Zealand’s international obligations. For example, a statutory provision in a given Act that conflicts with the New Zealand Bill of Rights Act 1990 raises the possibility that New Zealand may be in breach of its obligations under the Covenant of Civil and Political Rights (1966). In addition, given that section 21 of the New Zealand Bill of Rights Act 1990, which reflects article 17 of the Covenant of Civil and Political Rights (1966), provides the right to be secure against unreasonable search or seizure, one would expect that virtually all of the legislative provisions granting search and seizure powers enacted since the enactment of the Bill of Rights would be consistent with this right.

To provide a more cogent starting point, the master list set out in Part V takes a less embracing approach. It concentrates, more or less, on those Acts that are directly related to giving effect to a particular international instrument, although 31 of the Acts are listed only by virtue of their perceived relevance to a particular aspect of an international human rights instrument (or instruments).^[24]

The master list is meant to serve as a tool for agencies to create agency-specific lists, not as a definitive, need-do-no-more, statement of the position. The position is constantly changing as both the legislative and international agreement processes are ongoing activities. In addition, agencies may wish to build more detail into their lists along the lines illustrated by the Ministry of Justice database.^[25] They may also wish to make their work publicly available, as this would stimulate similar work by others and increase the likelihood that the government of the day will receive the advice that it needs to be sure that its proposed legislation complies with the relevant international standards and obligations.

Given their specialised focus, these agencies, once engaged in the process of creating or updating their lists, should be able to refine or augment the master list.^[26] This is particularly relevant with respect to those agreements that New Zealand has entered into but which do not require legislation to create meaningful obligations for New Zealand as a State interacting with other States or with inter-governmental organisations. The master list does not cover these kinds of agreements,^[27] especially those that New Zealand may have inherited from England, Great Britain, or the United Kingdom before gaining full independence in 1947^[28] (with the exception of certain bilateral extradition agreements). However, given the Cabinet Office Manual requirement, the government of the day would be no less interested in knowing whether a proposed bill invites Parliament to enact a provision that would contravene these kinds of agreements.

The master list set also tells a story that is lost to a cursory glance. Aside from looking at the listed Acts and international instruments in a systematic way, placing them in the context of New Zealand’s statute book as a whole helps to convey a sense of the master list’s implications for parliamentary sovereignty in recent years.

Excluding the applicable imperial legislation^[29] and the extant provincial Acts and Ordinances,^[30] New Zealand has 1,092 public Acts^[31] (as at the end of 30 June 2006).^[32] The decade-by-decade distribution of these public Acts, focusing on their initial enactment date, is as follows (C1):^[33]

The trend in C1 is an upward sloping curve (even with the inclusion, as here, of the data for the 2000s, which is 3.5 years short of a full decade).^[34] It reflects the general practice of displacing older Acts with newer ones more than it reflects a steady increase in the volume of parliamentary enactments. While the decade-by-decade volumes might be higher over the next 150 years, one would expect, given the curve in C1, that in the year 2162 (for example) the number of extant Acts enacted in the 2000s would be considerably less than the number of extant Acts enacted in the 2150s.

Of the 1,092 public Acts in existence, 202 (18.5%) are directly relevant to New Zealand’s compliance with international standards and obligations. These Acts are set out in Part V. The decade-by-decade distribution of these 202 Acts, focusing on their initial enactment date, is as follows (C2):^[35]

The distribution depicted in C2 is in line with the distribution depicted in C1. As the greater concentration of extant Acts is found in the more recent decades, one would expect to find a greater number of Acts in those decades with relevance to international standards and obligations. Contributing factors would be New Zealand’s move to full independence in 1947 and the general worldwide growth in international activity in recent decades. The 2000s, being 3.5 years short of a full decade, exceed the 1970s in nominal terms. Whether the 2000s match or exceed the 1980s or the 1990s depends on several factors, including the number and kind of new international commitments that New Zealand enters into and the volume of parliamentary enactments from 30 June 2006 through 31 December 2009.^[36]

The decade-by-decade distribution of the public Acts set out in Part V as a percentage of the decade-by-decade distribution of public Acts generally is as follows (C3):^[37]

Excluding the incomplete 2000s, the general trend since the 1930s is upward sloping. As noted above, 18.5% of extant public Acts are directly relevant to New Zealand’s international standards or obligations. Each of the decades following the 1950s has exceeded this figure. The 18.5% figure becomes 23.94% if the data for the pre-1950 decades and the incomplete 2000s is disregarded. The 18.5% figure becomes 22.82% if the following types of Acts (and their variants) are consolidated and treated as single enactments: the Finance Acts (69), the Maori Purposes Acts (52), and the Reserves and Other Lands Disposal Acts (86). The latter figure becomes 29.03% if the data for the pre-1950 decades and the incomplete 2000s is also disregarded. These adjusted figures approximate the LAC’s 1991 estimate that “about one quarter of the 600 or so public Acts which make up the New Zealand statute book give effect to international obligations”.^[38]

Of course, the resulting figure also depends on the criteria used for determining the relevance of a particular Act. With respect to the Acts listed in Part V and depicted in C2 and C3, the overriding consideration for inclusion was whether or not Parliament enacted or amended the Act to give effect to a particular international instrument or an aspect thereof.

The decade-by-decade percentages depicted in C3 suggest that the 1980s were a particularly busy period for enacting Acts relevant to New Zealand’s international obligations. However, the 1980s and 1990s data depicted in C2 shows that the nominal number of these kinds of Acts is the same. While the overall volume of legislation has an influence, the displacement of older Acts by newer ones also determines the resulting percentages (which should change over time). These factors appear to account for the peaks and troughs depicted in C3.

The total number of unique international instruments relevant to the Acts in Part V is 280. Of these instruments, 213 are multilateral and 67 are bilateral. Of the bilateral agreements, 41 concern extradition and 18 pertain to New Zealand’s relationship with Australia. The decade-by-decade distribution of the instruments, focusing on the date that their text was settled, is as follows (C4):^[39]

The trend, on average, appears to be moving upward gradually. If not direct evidence of the worldwide growth in international activity generally, the trend in C4 reveals New Zealand’s increasing acceptance of international standards and obligations that require legislation in order to be met effectively. The range of topics covered by the international instruments listed in Part V is very broad (ranging, for example, from whaling to telecommunications to climate change to money laundering to nuclear waste disposal). The following 24 international instruments have the most linkages to the public Acts listed in Part V (T1):^[40]

Ten of the 24 international instruments set out in T1 deal with human rights (italicised), including the first seven. Eight deal with criminal activity (*), three deal with the environment (^†), two deal with transport (^∆), and one deals with trade (^‡). One of these international instruments is bilateral, the rest are multilateral.

Given the number and range of these international instruments, and their significance to the content of a substantial number of public Acts, legislating without regard to the relevant international standards and obligations runs the risk of enacting laws that are inconsistent with those standards and obligations. Taking steps to actively avoid this risk, which appears to be the rationale underpinning the Cabinet Office Manual stipulation, is a sound preventive measure, particularly as the judiciary is prepared, in the absence of an express and unambiguous statement to the contrary, to interpret legislation in a way that is consistent with New Zealand’s international obligations.^[41] However, it comes at the price of exercising legislative power in terms of the limits set by the international obligations that the Executive has chosen to accept.^[42]

IV. A Few Recommendations

The Cabinet Office Manual stipulates that proposed bills should comply with the relevant international standards and obligations. Agencies that administer Acts that have implications for New Zealand’s international obligations are duty bound to discharge the stipulation faithfully and thoroughly because a lackadaisical approach risks placing New Zealand in breach of its international obligations. The following recommendations are intended to augment the ability of these agencies to do so.

First, each agency should check and update the list of all the Acts that it administers. This exercise may be started by consulting the Internet site for the Department of the Prime Minister and Cabinet. It contains information regarding the various ministerial portfolios, lists the Acts relevant to each portfolio, and provides an indication of the responsible agencies.^[43] Although Acts began to provide an indication of the administrating agency on 23 July 1961,^[44] this information needs to be treated with some caution because it is not amended to reflect changes in responsibilities due to the rearrangement of portfolios or restructuring. For example, the Copyright Act 1994 still indicates that the Department of Justice administers it;^[45] however, the Department of Justice no longer exists,^[46] and responsibility for the Act now resides with the Ministry of Economic Development (formerly the Ministry of Commerce).^[47]

Second, each agency should identify those Acts that it administers that have implications for the relevant international standards and obligations (that is, create an agency-specific list). This exercise may be started by comparing the list of Acts that the agency administers with the master list set out in Part V. Since both the legislative and international agreement processes are ongoing, the master list is intended to be a starting point for this exercise (it is a snap shot of the position at the end of 30 June 2006). It also reflects the selection criteria noted in Part III. Some agencies may wish or need to adopt criteria that would include more Acts in the master list, which appears to be the case with respect to the Ministry of Justice database discussed in Part II.^[48]

Third, each agency should endeavour to add value to its agency-specific list. For example, the provisions of the relevant international instruments could be expressly linked to the relevant provisions in the Acts. Any useful background information or resources could also be identified, particularly links to relevant Internet sites.

Fourth, each agency should keep abreast of the Executive’s activities in the international arena that relates to the agency’s responsibilities. One way to achieve this is to establish and maintain contact with the Ministry of Foreign Affairs and Trade with a view to receiving regular briefings on the Executive’s intentions or actions with respect to a given (or proposed) international instrument. It would expedite the receipt of the treaty action information that the Ministry of Foreign Affairs and Trade publishes in its annual report.^[49] This effort could be supplemented by monitoring the official Internet sites dedicated to the given (or proposed) international instrument.

Fifth, each agency should make its agency-specific list publicly available, particularly via the Internet. Its dissemination would encourage others to do similar or further work.

Sixth, each agency should update its agency-specific list regularly. At a minimum, the review should take place at the end of the legislative cycle each year. However, a more prudent course would be to update the list each time an Act on the list is amended or whenever an Act is added or subtracted from the list as a consequence of restructuring, legislative repeals, or the enactment of new Acts with implications for the relevant international standards or obligations.

V. The Master List

The Acts known to have implications for New Zealand’s international obligations are set out below. These Acts are set out in alphabetical order and in bold font. The international instruments relevant to a particular Act are set out immediately below the Act in chronological order. Most of the Acts are tagged with one or more of the following symbols:

* which means that the Act contains a long title or purpose clause or both that states that it implements a specified treaty or a part of a specified treaty:

^ which means that the Act contains provisions defining or locating specified treaties or both:

$ which means that the Act contains a provision that the Executive has used often to implement international obligations via regulations:

@ which means that the Act is listed only by virtue of its perceived relevance to a particular article in or aspect of an international human rights instrument.

Many of the listed international instruments are tagged with the following symbol:

# which means that the text of the treaty can be found in the Act or in another Act.

Abolition of the Death Penalty Act 1989

International Covenant on Civil and Political Rights (1966) [article 6]

United Nations Resolution 2857 (20 December 1971)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the Abolition of the Death Penalty (1989)

Administration Act 1969

International Covenant on Civil and Political Rights (1966) [article 23]

Convention relating to the Status of Refugees (1951)^#

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 16]

Admiralty Act 1973

International Convention relating to the Arrest of Sea-Going Ships (1952)

Adoption Act 1955

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Civil and Political Rights (1966) [article 14]

International Covenant on Economic, Social and Cultural Rights (1966)

Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993)^#

Adult Adoption Information Act 1985^@

International Covenant on Economic, Social and Cultural Rights (1966) [article 10]

International Covenant on Civil and Political Rights (1966) [article 24]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 16]

Adoption (Intercountry) Act 1997*^

Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993)^#

Age of Majority Act 1970^@

Convention relating to the Status of Refugees (1951)^# [article 12]

Airport Authorities Act 1966

Convention on International Civil Aviation (1944), Annex 17 (Standards and Recommended Practices – Security – Safeguarding Civil Aviation against Acts of Unlawful Interference)

Animal Products (Ancillary and Transitional Provisions) Act 1999

This Act preserves the Dairy Industry (IMA Certification) Regulations 2000, which were made under section 32 of the Dairy Industry Act 1952 (repealed), and treats them as if they were made under the Animal Products Act 1999 (s 77(1)(a)). The regulations establish a system of official assurances to meet the requirements of the European Union (EU) that the issuing of EU Inward Monitoring Agreement Certificates for country-specific butter and cheese quotas be undertaken by a government agency.

Antarctic Marine Living Resources Act 1981*^

Convention on the Conservation of Antarctic Marine Living Resources (1980)^#

Antarctica Act 1960^

Antarctic Treaty (1959)^#

Antarctica (Environmental Protection) Act 1994*^

Antarctic Treaty (1959)^#

Convention for the Conservation of Antarctic Seals (1972)

Convention on the Conservation of Antarctic Marine Living Resources (1980)^#

Protocol on Environmental Protection to the Antarctic Treaty (1991)^#

Anti-Personnel Mines Prohibition Act 1998*^

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997)^#

Arbitration Act 1996*

Protocol on Arbitration Clauses (1923)^#

Convention on the Execution of Foreign Arbitral Awards (1927)^#

Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)^#

Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (1985)

Arbitration (International Investment Disputes) Act 1979*^

Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965)^#

Armed Forces Discipline Act 1971

This Act, in part, concerns agreements between New Zealand and any other country that provide for, or relate to, the presence in that other country of any person subject to the Arms Forces Discipline Act 1971 (s 93A).

Atomic Energy Act 1945

The Act implements standards set by the International Atomic Energy Agency (1950s).

Aviation Crimes Act 1972*^

Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963)

Convention for the Suppression of Unlawful Seizure of Aircraft (1970)

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1973)

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988)

Bills of Exchange Act 1908^[50]

Convention on the Stamp Laws in Connection with Bills of Exchange and Promissory Notes (1930)

Convention on the Stamp Laws in Connection with Cheques (1931)

Convention Providing a Uniform Law for Cheques (1931)

Births, Deaths, and Marriages Registration Act 1995^@

International Covenant on Civil and Political Rights (1966) [article 24]

Broadcasting Act 1989

International Chamber of Commerce International Code of Advertising Practice (1987)

Care of Children Act 2004^

International Covenant on Civil and Political Rights (1966)

International Covenant on Economic, Social, and Cultural Rights (1966)

Convention on the Civil Aspects of International Child Abduction (1980)^#

Carriage of Goods Act 1979

International Convention for the Unification of Certain Rules of Law relating to Bills of Lading [Hague Rules] (1924), and Protocol of Signature (1924)

Convention for the Unification of Certain Rules relating to International Carriage by Air (1929)^#

Guadalajara Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air Performed by a Person other than the Contracting Carrier (1961)^#

Protocol to Amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading [Visby Rules] (1968)

Further Protocol to Amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading [Hague–Visby Rules] (1979)

Chemical Weapons (Prohibition) Act 1996*^

Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (1993)^#

Cheques Act 1960^[51]

See above Bills of Exchange Act 1908

Child Support Act 1991

Convention on the Rights of the Child (1989)^#

Children, Young Persons, and Their Families Act 1989^

Arrangement between New Zealand and Australian States and Territories regarding the transfer of children subject to child protection orders (2000)

Children’s Commissioner Act 2003*^

Convention on the Rights of the Child (1989)^#

Citizens Initiated Referenda Act 1993^@

International Covenant on Civil and Political Rights (1966) [article 25]

Citizenship Act 1977

ILO Convention 82 (1947): Social Policy (Non-Metropolitan Territories)

Citizenship (Western Samoa) Act 1982*

Treaty of Friendship between New Zealand and Western Samoa (1962)

Protocol to the Treaty of Friendship (1982)

Civil Aviation Act 1990^$

Convention for the Unification of Certain Rules relating to International Carriage by Air (1929)^#

Convention on International Civil Aviation (1944)

Additional Provisions of the Hague Protocol affecting the Warsaw Convention (1955)^#

Guadalajara Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air Performed by a Person other than the Contracting Carrier (1961)^#

Additional Provisions of Additional Protocol No. 1 affecting the Warsaw Convention (1975)^#

Additional Provisions of Additional Protocol No. 2 affecting the Warsaw Convention (1975)^#

Additional Provisions of Protocol No. 4 affecting the Warsaw Convention (1975)^#

Australia–New Zealand Single Aviation Market Arrangements (1996)

Convention for the Unification of Certain Rules for International Carriage by Air (1999)

Memorandum of Understanding between the Governments of Australia and New Zealand on Open Skies (2000)

The Act also facilitates implementation of an arrangement between New Zealand and Australia that would enable New Zealand and Australian airlines to operate under their own country’s Civil Aviation Authority certification while operating in the other country’s airspace (mid-2000s).

Climate Change Response Act 2002*^

United Nations Framework Convention on Climate Change (1992)^#

Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)^#

Commerce Act 1986

Trans-Tasman Mutual Recognition Arrangement (1998)

Commodities Levies Act 1990

Australia New Zealand Closer Economic Relations Trade Agreement (1983)

Commonwealth Countries Act 1977

The Act makes provisions for the continued operation of New Zealand law with respect to Commonwealth countries.

Conservation Act 1987

Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971)

Convention for the Protection of the World Cultural and Natural Heritage (1972)

Consular Privileges and Immunities Act 1971*^

Vienna Convention on Consular Relations (1963)^#

Continental Shelf Act 1964^

Convention on the Law of the Sea (1982)

Treaty between the Government of Australia and the Government of New Zealand Establishing Certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries (2004)

Contraception, Sterilisation, and Abortion Act 1977^@

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 12]

Cook Islands Act 1915*

The Cook Islands are proclaimed by the United Kingdom to be part of New Zealand.

Cook Islands Constitution Act 1964^

The Act preserves New Zealand’s responsibilities for the external affairs and defence of the Cook Islands.

Agreement of Co-operation in External Affairs and Defence Matters between New Zealand and the Cook Islands (early 1990s)

Copyright Act 1994

Universal Copyright Convention (1971)

WTO^[52] Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

Corrections Act 2004*^[53]

United Nations Standard Minimum Rules for the Treatment of Prisoners (1955, amended 1977)

Convention on the Rights of the Child (1989)^#

Crimes Act 1961

Convention relating to the Status of Refugees (1951)^# [article 31]

International Covenant on Civil and Political Rights (1966)

Convention on the Elimination of All Forms of Discrimination against Women (1979) [articles 3, 4, 6, and 15]

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989)

Convention on the Rights of the Child (1989)^#

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

ILO Convention 182 (1999): Concerning the Worst Forms of Child Labour

Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)

Convention on the Physical Protection of Nuclear Material (1997)

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

Convention against Transnational Organised Crime (2000)

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980*^

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (1973)

Convention against the Taking of Hostages (1979)

Convention on the Safety of United Nations and Associated Personnel (1994)

Crimes of Torture Act 1989*^

Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)

Criminal Justice Act 1985^@

International Covenant on Civil and Political Rights (1966) [articles 8, 10, 14, and 15]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [article 14]

Crown Minerals Act 1991

Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971)

Crown Proceedings Act 1950^@

International Covenant on Civil and Political Rights (1966) [article 2]

Customs and Excise Act 1996^^[54]

Customs Convention on the Temporary Importation of Private Road Vehicles (1954)

Customs Convention on Containers (1972)

Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (1999)

The Act also implements a standard for motor fuel testing established by the American Society for Testing and Materials International (ASTM D2699:79).

Defamation Act 1992^@

International Covenant on Civil and Political Rights (1966) [articles 17 and 19]

Defence Act 1990

Canberra Pact (1944)

ANZUS Treaty (1951)

Convention on the Rights of the Child (1989)^#

Optional Protocol to Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000)

Closer Defence Relations (an ongoing defence relationship between Australia and New Zealand)

Designs Act 1953

Universal Copyright Convention and Protocols 1, 2, and 3 (1952)

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

Diplomatic Privileges and Immunities Act 1968*^^$

Vienna Convention on Diplomatic Relations (1961)^#

Agreement on the Privileges and Immunities of the International Criminal Court (2002)

Disabled Persons Community Welfare Act 1975

Universal Declaration of Human Rights (1948)

International Covenant on Economic, Social and Cultural Rights (1966)

International Covenant on Civil and Political Rights (1966)

Convention on the Rights of the Child (1989)^#

Disabled Persons Employment Promotion Act 1960

ILO Convention 122 (1964): Employment Policy

International Covenant on Economic, Social and Cultural Rights (1966)

District Courts Act 1947^@

International Covenant on Civil and Political Rights (1966) [article 14]

Domestic Violence Act 1995

International Covenant on Civil and Political Rights (1966) [article 17]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [articles 3 and 12]

Domicile Act 1976

Convention relating to the Status of Refugees (1951)^#

Convention on the Nationality of Married Women (1957)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Driftnet Prohibition Act 1991*^

Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific (1989)

Dumping and Countervailing Duties Act 1988

Agreement on Implementation of Article VI of the GATT (anti-dumping code) (1979)

Agreement establishing the World Trade Organization (1994)

Agreement between New Zealand and Singapore on Closer Economic Partnership (2001)

Education Act 1989

ILO Convention 10 (1921): Minimum Age (Agriculture)

ILO Convention 58 (1936): Minimum Age (Sea)

ILO Convention 59 (1937): Minimum Age (Industry)

Convention against Discrimination in Education (1960)

ILO Convention 122 (1964): Employment Policy

Electoral Act 1993^@

International Covenant on Civil and Political Rights (1966) [articles 21 and 25]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [Part I and article 7]

Electronic Transactions Act 2002^

Model Law on Electronic Commerce Law adopted by the United Nations Commission on International Trade Law (1996)

Model Law on International Trade Law issued by the United Nations Commission on International Trade Law (1996)

Employment Relations Act 2000^

ILO Convention 11 (1921): Right of Association (Agriculture)

ILO Convention 14 (1921): Weekly Rest (Industry)

ILO Convention 22 (1926): Seamen’s Articles of Agreement

ILO Convention 32 (1932): Protection against Accidents (Dockers)

ILO Convention 122 (1964): Employment Policy

The Act also incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively.

Environment Act 1986

International Convention for the Regulation of Whaling (1946)

Statutes of the International Union for the Conservation of Nature and Natural Resources (1948)

Protocol to the International Convention for the Regulation of Whaling (1956)

International Convention for the Prevention of Pollution of the Sea by Oil (1954)

International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969)

Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971)

Convention concerning the Protection of the World Cultural and Natural Heritage (1972)

Equal Pay Act 1972

ILO Convention 100 (1951): Equal Remuneration

ILO Convention 111 (1958): Discrimination (Employment and Occupation)

ILO Convention 122 (1964): Employment Policy

Evidence Act 1908

Hague Convention abolishing the requirement of legalisation for foreign public documents (1961)^#

International Covenant on Civil and Political Rights (1966) [articles 14 and 17]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [articles 9 and 15]

Extradition Act 1999^$

New Zealand has extradition agreements with a number of jurisdictions. These agreements are generally given effect via Order in Council made under section 15 of the Act (for example: Austria, Brazil, Denmark, Fiji, Germany, Honduras, Hong Kong (Special Administrative Region of the People’s Republic of China), Hungary, Norway, South Africa, Sweden, Tonga, United States, and Yugoslavia). These agreements are generally given effect via regulations made under the Act; however, the Act directly preserves the following pre-existing extradition agreements inherited from the United Kingdom:^[55]

Albania (1927)

Argentina (1889)

Austria, Belgium (1901)

Bolivia (1892)

Chile (1897)

Colombia (1888)

Cuba (1904)

Czechoslovakia (1924)

Denmark, Ecuador (1880)

El Salvador (1881)

Estonia (1925)

Finland (1940)

France (1876)

Greece (1910)

Guatemala (1914)

Haiti (1874

Iceland (1873)

Iraq (1934)

Italy (1873)

Latvia (1924)

Liberia (1892)

Lithuania (1926)

Luxembourg (1880)

Mexico (1886)

Monaco (1891)

Netherlands (1874)

Nicaragua (1905)

Panama (1906)

Paraguay (1911)

Peru (1904)

Poland (1932)

Portugal (1892)

Romania (1893)

Russia (1886)

San Marino (1900)

Servia (1900)

Spain (1878)

Switzerland (1880)

Thailand (1911)

Tunis (1876)

Uruguay (1884)

Convention against Transnational Organised Crime (2000)

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

Fair Trading Act 1986

UN Guidelines for Consumer Protection (1985)

Family Courts Act 1980^@

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 3]

Family Proceedings Act 1980^

Convention relating to the Status of Refugees (1951)^# [article 12]

Convention for the Recovery of Maintenance Abroad (1956)

International Covenant on Civil and Political Rights (1966) [articles 12, 14, 17, and 23]

International Covenant on Economic, Social and Cultural Rights (1966) [article 10]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [articles 3, 15, and 16]

Family Protection Act 1955^@

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Civil and Political Rights (1966) [articles 23 and 24]

International Covenant on Economic, Social and Cultural Rights (1966) [article 10]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 16]

Films, Videos, and Publications Classification Act 1993

Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications (1923)

Protocol to amend the Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications (1947)

International Covenant on Civil and Political Rights (1966) [articles 3, 15, and 19]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 5]

ILO Convention 182 (1999): Worst Forms of Child Labour

Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

Finance Act 1977

The Act consolidates provisions dealing with the Nauru and Ocean Island phosphate trade as a result of the repayment of a loan authorised in 1920 for the purpose of the trade.

Fisheries Act 1996^^$

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 (1995)^#

Flags, Emblems, and Names Protection Act 1981

United Nations Flag Code and Regulations (1967)

Food Act 1981*

Australia–New Zealand Joint Food Standards Agreement (late 1990s)

Foreign Affairs Act 1988

The title of the Act states that the purpose of the Act is to make better provision for the conduct of relations between New Zealand and foreign States generally.

Geneva Conventions Act 1958*^

Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (1949)^#[56]

Geneva Convention II for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea (1949)^#[57]

Geneva Convention III relative to the Treatment of Prisoners of War (1949)^#[58]

Geneva Convention IV relative to the Protection of Civilian Persons in Time of War (1949)^#[59]

Additional Protocol I to the Conventions and relating to the protection of victims of international armed conflicts (1977)^#[60]

Additional Protocol II to the Conventions and relating to the protection of victims of non-international armed conflicts (1977)^#

Geographical Indications Act 1994

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

Goods and Services Tax Act 1985

General Agreement on Tariffs and Trade (1947 and 1994)

Government Communications Security Bureau Act 2003^@

International Covenant on Civil and Political Rights (1966)

Government Service Equal Pay Act 1960

ILO Convention 100 (1951): Equal Remuneration

ILO Convention 111 (1958): Discrimination (Employment and Occupation)

ILO Convention 122 (1964): Employment Policy

Hazardous Substances and New Organisms Act 1996^

Convention on Persistent Organic Pollutants (2001)^#

Health Act 1956

Convention for the Constitution of the World Health Organisation (1946)

Protocol concerning the Office International d’Hygiène Publique (1946)

Health and Safety in Employment Act 1992

ILO Convention 12 (1921): Workmen’s Compensation (Agriculture)

ILO Convention 10 (1921): Minimum Age (Agriculture)

ILO Convention 32 (1932): Protection against Accidents (Dockers)

ILO Convention 134 (1970): Prevention of Accidents (Seafarers)

Health Benefits (Reciprocity with Australia) Act 1999*^

Agreement on Medical Treatment (1986)

Agreement on Medical Treatment for Temporary Visitors between the Government of New Zealand and the Government of Australia (1998)^#

Health Benefits (Reciprocity with the United Kingdom) Act 1982*^

Agreement on Health Services between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland (1982)^#

Health Practitioners Competence Assurance Act 2003^

Trans-Tasman Mutual Recognition Arrangement between New Zealand, the Commonwealth of Australia, and Australian states and territories (except Western Australia) (1997)

Holidays Act 2003

ILO Convention 52 (1936): Holidays with Pay

ILO Convention 101 (1952): Holidays with Pay (Agriculture)

Human Rights Act 1993*^^$

Universal Declaration of Human Rights (1948)

ILO Convention 97 (1949): Migration for Employment

ILO Convention 100 (1951): Equal Remuneration

Convention relating to the Status of Refugees (1951)^# [articles 2 and 4]

ILO Convention 111 (1958): Discrimination (Employment and Occupation)

Convention on the Elimination of All Forms of Racial Discrimination (1963)

ILO Convention 122 (1964): Employment Policy

International Covenant on Civil and Political Rights (1966)

International Covenant on Economic, Social and Cultural Rights (1966)

Optional Protocol to the International Covenant on Civil and Political Rights (1966)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Immigration Act 1987*^

ILO Convention 97 (1949): Migration for Employment

Convention relating to the Status of Refugees (1951)^#

Protocol relating to the Status of Refugees (1967)^#

Convention against Transnational Organised Crime (2000)

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

Imperial Laws Application Act 1988^@

International Covenant on Civil and Political Rights (1966) [preamble, and articles 9 and 12]

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Imports and Exports (Restrictions) Act 1988^[61]

Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)

Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (1995)

Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (1998)

Convention on Persistent Organic Pollutants (2001)^#

Imprisonment for Debt Limitation Act 1908^@

International Covenant for Civil and Political Rights (1966) [article 11]

Income Tax Act 2004^$

Schedule 3 of the Act enumerates a grey list of jurisdictions where any tax exemption or relief laws might apply. Schedule 5 lists a host of low tax jurisdictions and territories. A number of double taxation agreements with other jurisdictions are given effect via regulations made under the Act.^[62]

Injury Prevention, Rehabilitation, and Compensation Act 2001

The Accident Insurance Act 1998 (repealed) continues to apply with respects to Parts 10 and 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001. The Accident Insurance Act 1998 (repealed) implemented the following international instruments:

ILO Convention 12 (1921): Workmen’s Compensation (Agriculture)

ILO Convention 17 (1925): Workmen’s Compensation (Accidents)

ILO Convention 42 (1934): Workmen’s Compensation (Occupational Diseases)

International Crimes and International Criminal Court Act 2000*^

Rome Statute of the International Criminal Court (1998)^#

International Energy Agreement Act 1976*

Agreement on an International Energy Program (1974)

International Finance Agreements Act 1961*^

Articles of Agreement of the International Monetary Fund (1945)^#

Articles of Agreement of the International Finance Corporation (1945)^#

Articles of Agreement of the International Finance Corporation (1955)^#

Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Monetary Fund (1961)^#

Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Bank for Reconstruction and Development (1961)^#

Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Finance Corporation (1961)^#

International Terrorism (Emergency Powers) Act 1987^@

International Covenant on Civil and Political Rights (1966) [article 4]

International War Crimes Tribunals Act 1995*^

Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (1993)^#[63]

Judicature Act 1908

Trans-Tasman Court Proceedings and Regulatory Enforcement (ongoing agreement between New Zealand and Australia)

Kermadec Islands 1887*

Kermadec Islands annexed to New Zealand by Letters Patent issued by United Kingdom (1886)

Land Transport Act 1998^$

Convention on Road Traffic (1949)

Law Practitioners Act 1982

Trans-Tasman Mutual Recognition Arrangement between New Zealand, the Commonwealth of Australia, and Australian states and territories (except Western Australia) (1998)

Layout Designs Act 1994

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

Legal Services Act 2000^@

Convention relating to the Status of Refugees (1951)^# [article 16]

International Covenant on Civil and Political Rights (1966)

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 15]

Local Electoral Act 2001^@

International Covenant on Civil and Political Rights (1966) [articles 21 and 25]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [Part I and article 7]

Local Restoration Polls Act 1990^@

International Covenant on Civil and Political Rights (1966) [article 25]

Machinery Act 1950

ILO Convention 81 (1947): Labour Inspection

Maori Education Foundation (Abolition) Act 1993^@

International Covenant on Economic, Social and Cultural Rights (1966)

Maori Fisheries Act 2004^@

International Covenant on Economic, Social and Cultural Rights (1966)

Maori Land Act 1993 (Te Ture Whenua Maori Act 1993) ^@

International Covenant on Economic, Social and Cultural Rights (1966)

Maori Language Act 1987^@

International Covenant on Economic, Social and Cultural Rights (1966)

Marine Mammals Protection Act 1978

Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1972)

Maritime Crimes Act 1999*^

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SOLAS) (1988)

Maritime Security Act 2004^^$

International Convention for the Safety of Life at Sea (1974)

IMO International Management Code for the Safe Operation of Ships and for Pollution Prevention (1993)

IMO International Code for Security of Ships and of Port Facilities (2002)

Maritime Transport Act 1994^^$

International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (1924)^#

Protocol to International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (1968)^#

Convention on Civil Liability for Oil Pollution Damage (1969)

International Convention on Tonnage Measurement of Ships (1969)

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971)

Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1972)

International Convention for the Prevention of Pollution from Ships (1973) (MARPOL 73)

Protocol to the International Convention for the Prevention of Pollution from Ships (1978) (MARPOL 78)

Protocol to International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (1979)^#

International Convention on Salvage (1989)^#

Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1996)

Marriage Act 1955^[64]

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Economic, Social and Cultural Rights (1966) [article 10]

Convention on the Rights of the Child (1989)^#

Convention on the Elimination of All Forms of Discrimination against Women (1979) [article 16]

Meat Act 1981 (repealed)^[65]

International Bovine Meat Agreement (1994) (terminated 1997)

Meat Board Act 1997

International Bovine Meat Agreement (1994) (terminated 1997)

Medicines Act 1981

Single Convention on Narcotic Drugs (1961)

International Covenant on Civil and Political Rights (1966) [article 14]

Convention on Psychotropic Substances (1971)

Protocol to the Single Convention on Narcotic Drugs (1972)

Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

Mental Health (Compulsory Assessment and Treatment) Act 1992

Universal Declaration of Human Rights (1948)

Mercenary Activities (Prohibition) Act 2004*^

International Convention against the Recruitment, Use, Financing and Training of Mercenaries (1989)^#

Meteorological Services Act 1990

The Act implements the International Standards and Technical Regulations prescribed by the World Meteorological Organisation (early 1990s).

Military Decorations and Distinctive Badges Act 1918

Section 4A(1) defines the term military decoration as any medal, clasp, badge, ribbon, stripe, emblem, or decoration issued, supplied, or authorised, or purporting or reputed to be issued, supplied, or authorised, by a naval, military, or air force authority, whether in New Zealand or in any other Commonwealth country.

Minimum Wage Act 1983

ILO Convention 14 (1921): Weekly Rest (Industry)

ILO Convention 26 (1928): Minimum Wage-Fixing Machinery

Minors Contracts Act 1969^@

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Civil and Political Rights (1966) [article 24]

Misuse of Drugs Act 1975^^[66]

Single Convention on Narcotic Drugs (1961)

Convention on Psychotropic Substances (1971)

Protocol to the Single Convention on Narcotic Drugs (1972)

Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

Mutual Assistance in Criminal Matters Act 1992^$

Single Convention on Narcotic Drugs (1961)

Convention for the Suppression of Unlawful Seizure of Aircraft (1970)

Convention on Psychotropic Substances (1971)

Protocol to the Single Convention on Narcotic Drugs (1972)

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1973)

Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (1973)

Convention against the Taking of Hostages (1979)

Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984)

Convention against Illicit Traffic in Narcotic Drugs Psychotropic Substances (1988)

Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988)

Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988)

Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988)

Convention on the Safety of United Nations and Associated Personnel (1994)

Convention against Transnational Organised Crime (2000)

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

New Zealand Bill of Rights Act 1990*

Convention relating to the Status of Refugees (1951)^# [articles 2, 4, and 26]

International Covenant on Civil and Political Rights (1966)

Convention on the Elimination of All Forms of Discrimination against Women (1979) [Part I and article 2]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [articles 2, 7, 8, and 10]

New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987*^

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963)^#

Treaty on the Non-Proliferation of Nuclear Weapons (1968)^#

Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-bed and the Ocean floor and in the Subsoil Thereof (1971)^#

Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (1972)^#

South Pacific Nuclear Free Zone Treaty (1985)^#

New Zealand Security Intelligence Service Act 1969

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

Niue Act 1966^

Single Convention on Narcotic Drugs (1961)

Convention on Psychotropic Substances (1971)

Protocol to the Single Convention on Narcotic Drugs (1972)

Niue Constitution Act 1974

Agreement of Co-operation and Assistance in Defence, Economic and Administrative Matters (early 1990s)

Nuclear-Test-Ban Act 1999*^^[67]

Comprehensive Nuclear-Test-Ban Treaty (1996)^#

Official Information Act 1982^@

Universal Declaration of Human Rights (1948)

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Civil and Political Rights (1966) [articles 14, 17, and 19]

Ozone Layer Protection Act 1996*^^$

Vienna Convention for the Protection of the Ozone Layer (1985)^#

Montreal Protocol on Substances that Deplete the Ozone Layer (1987)^#

Pacific Islands Polynesian Education Foundation Act 1972^@

International Covenant on Economic, Social and Cultural Rights (1966)

Parental Leave and Employment Protection Act 1987

ILO Convention 111 (1958): Discrimination (Employment and Occupation)

Passports Act 1992

Convention relating to the Status of Refugees (1951)^#

Protocol relating to the Status of Refugees (1967)^#

Convention against Transnational Organised Crime (2000)

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

Patents Act 1953^^$[68]

Patent Cooperation Treaty (1984)^#[69]

Regulations under the Patent Cooperation Treaty (1992)^#[70]

Petroleum Demand Restraint Act 1981

International Covenant on Civil and Political Rights (1966) [article 17]

Regulations made under this Act prevail over any inconsistent provisions in the Land Transport Act 1998, which implements the Convention on Road Traffic (1949).

Phosphate Commission of New Zealand Dissolution Act 1989

The Commission was dissolved following the institution of proceeding by Nauru against Australia at the International Court of Justice (Nauru v Australia [1992] ICJ Reports 240).

Pitcairn Trials Act 2002*^

Agreement between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Trials under Pitcairn Law in New Zealand and Related Matters (11 October 2002)^#

Plant Variety Rights Act 1987^

International Convention for the Protection of New Varieties of Plants (1961)

Plants Act 1970

International Plant Protection Convention (1951)

Plant Protection Agreement for the Asia and Pacific Region (1956)

Police Complaints Authority Act 1988^@

International Covenant on Civil and Political Rights (1966) [article 7]

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [articles 2, 12, and 13]

Political Disabilities Removal Act 1960^@

International Covenant on Civil and Political Rights (1966) [article 25]

Postal Services Act 1998

Asia-Pacific Postal Convention, with detailed Regulations (1990)

Universal Postal Convention with Final Protocol (1996)

Prisoners’ and Victims’ Claims Act 2005

Universal Declaration of Human Rights (1948)

Convention relating to the Status of Refugees (1951)^#

Convention on the Elimination of All Forms of Racial Discrimination (1963)

International Covenant on Civil and Political Rights (1966)

Optional Protocol to the International Covenant on Civil and Political Rights (1966)

Convention on the Elimination of All Forms of Discrimination against Women (1979)

Privacy Act 1993

Recommendation of the Council of the Organisation for Economic Co-operation and Development Concerning the Protection of Privacy and Transborder flows of Personal Data (1980)

Proceeds of Crime Act 1991

Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000)

Convention against Transnational Organised Crime (2000)

Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000)

Prostitution Reform Act 2003

Convention on the Rights of the Child (1989)^#

Protected Objects Act 1975 [2006]*^[71]

Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970)^#

Convention on Stolen or Illegally Exported Cultural Objects (1995)^#

Protection of Personal and Property Rights Act 1988

Convention relating to the Status of Refugees (1951)^# [article 12]

Convention on the Rights of the Child (1989)^#

Public Finance Act 1989

International Monetary Fund Articles of Agreement (1945)

Radiation Protection Act 1965

The Act implements the International Atomic Energy Agency Regulations for the Safe Transport of Radioactive Material (early 2000s).

Radiocommunications Act 1989^^$

Convention on International Civil Aviation (1944)

International Convention for the Safety of Life at Sea (SOLAS) (1974)

Radio Regulations annexed to the International Telecommunication Convention (1982)

Reciprocal Enforcement of Judgments Act 1934

New Zealand has agreements with the following jurisdictions: Austria, Belgium, Norway, Poland, Portugal, Spain, Sweden, and Turkey.

Resource Management Act 1991^$

Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971)

United Nations Framework Convention on Climate Change (1992)^#

Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)^#

1992 Convention on Biological Diversity

Sale of Goods (United Nations Convention) Act 1994*^

United Nations Convention on Contracts for the International Sale of Goods (1980)^#

Sale of Liquor Act 1989

International Covenant on Civil and Political Rights (1966) [article 14]

ILO Convention 59 (1937): Minimum Age (Industry)

Sentencing Act 2002

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

Serious Fraud Office Act 1990

The Act empowers the Director to enter into agreements with overseas agencies so as to facilitate detection and prosecution of proceedings relating to fraud (section 51).

Shipping Act 1987

The purpose of this Act is “to promote fair dealing and safeguard competition in New Zealand's outwards shipping services, and to discourage discrimination against New Zealand shipping and trading interests by foreign governments” (long title).

Smoke-free Environments Act 1990

Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1973)

Convention on the Rights of the Child (1989)^#

Social Security Act 1964^$

ILO Convention 44 (1934): Unemployment Provision

ILO Convention 122 (1964): Employment Policy

Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1969)^#[72]

Social Welfare (Transitional Provisions) Act 1990^$

Social Security Agreement with Australia (2002)

A number of reciprocity agreements are given effect in orders made under the Act, including reciprocity agreements with the following jurisdictions: Australia, Denmark, Canada, Hellenic Republic, Ireland, Jersey and Guernsey, and the United Kingdom.

Standards Act 1988

GATT Standards Code with annexes (1980)

WTO Agreement on Technical Barriers to Trade (1994)

International Convention on the Harmonised Commodity Description and Coding System (1983)

This Act continues the Standards Council, which has the power to set standards to promote, encourage, and facilitate the use of standards in New Zealand to improve goods and services, standardisation in industry, trade, and commerce, and public and occupational safety, health, and welfare. It also has the power to adopt as New Zealand standards those appropriate standards developed by other standard-setting organisations.

State-Owned Enterprises Act 1986

Section 8 of the Act states that except as otherwise provided, the Employment Relations Act 2000 applies to every State enterprise. The Employment Relations Act 2000 implements various ILO conventions (see above).

State Sector Act 1988

ILO Convention 111 (1958): Discrimination (Employment and Occupation)

Status of Children Act 1969^@

Universal Declaration of Human Rights (1948)

Convention relating to the Status of Refugees (1951)^# [article 12]

International Covenant on Civil and Political Rights (1966) [articles 23 and 24]

International Covenant on Economic, Social and Cultural Rights (1966) [article 10]

Submarine Cables and Pipelines Protection Act 1996

Convention for the protection of submarine cables, with additional Article and Procès – Verbal of signature (1884)

Declaration of the plenipotentiaries of the signatory governments of the convention of the 14th March 1884, for the protection of submarine cables, explanatory of articles II and IV of the convention (1886)

Protocol signed by the plenipotentiaries of the signatory governments of the convention of March 1884, for the protection of submarine cables, respecting the date on which the convention should be put in force (1887)

Summary Offences Act 1981^@

International Covenant on Civil and Political Rights (1966) [articles 14, 17, 19, and 21]

Summary Proceedings Act 1957

International Covenant on Civil and Political Rights (1966) [articles 10, 12, and 14]

Convention on the Elimination of All Forms of Discrimination against Women (1979) [articles 6 and 11]

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [article 3]

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

Tariff Act 1988^^$

General Agreement on Tariffs and Trade (1947 and 1994)

Agreement between New Zealand and Singapore on Closer Economic Partnership (2001)

New Zealand–Thailand Closer Economic Partnership Agreement (2005)

Trans-Pacific Strategic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005)

Telecommunications Act 2001

International Telecommunication Convention with Annexes, Final Protocol, and Additional Protocols I to VII, and Annexed Radio Regulations (1932)

Constitution of the Asia–Pacific Telecommunity (1979)

Temporary Safeguard Authorities Act 1987^[73]

Agreement establishing the World Trade Organization (1994)

Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

Convention on the Territorial Sea and Contiguous Zone (1958)

Treaty between the Government of Australia and the Government of New Zealand Establishing Certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries (2004)

Terrorism Suppression Act 2002*^

Convention on the Physical Protection of Nuclear Material (1980)^#

Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)^#

International Convention for the Suppression of Terrorist Bombing (1997)^#

International Convention for the Suppression of the Financing of Terrorism (1999)^#

Anti-terrorism Resolution 1373 passed by the Security Council of the United Nations Organisation (2001)^#

The Act also implements standards set out and assessed by the Financial Action Task Force on Money Laundering.^[74]

Time Act 1974

This Act sets New Zealand standard time as 12 hours ahead of Universal Co-ordinated Time, as defined by the International Telecommunications Union (1972)

Tokelau Act 1948*

Tokelau is annexed to New Zealand by an Order in Council passed by the United Kingdom.

Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977

Convention on the Territorial Sea and Contiguous Zone (1958)

Trade in Endangered Species Act 1989^^[75]

Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973)

Trade Marks Act 2002^^[76]

Convention for the Protection of Industrial Property (1883)

WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)

Trade Unions Act 1908^@

International Covenant on Civil and Political Rights (1966) [article 22]

Transport Accident Investigation Commission Act 1990^

Convention on International Civil Aviation (1944)

Transport (Vehicle and Driver Registration & Licensing) Act 1986

Convention on Road Traffic (1949)

Trans-Tasman Mutual Recognition Act 1997^$

This Act implements an agreement between Australia and New Zealand regarding importing and exporting of goods between the two countries.

United Nations Act 1946^$

Article 41 of the Charter of the United Nations (1945)

United Nations Convention on the Law of the Sea Act 1996^

UN Convention on the Law of the Sea (1982)

United Nations (Police) Act 1964

Article 43 of the Charter of the United Nations (1945)

Visiting Forces Act 2004^[77]

New Zealand has agreements relating to training and co-operation of defence forces, with the following jurisdictions (which may be set out in regulations): Australia, Bahrain, Cook Islands, Fiji, Israel, Malaysia, Niue, Papua New Guinea, Samoa, Singapore, Solomon Islands, Tonga, United Nations, United States, and Vanuatu (see sections 4 and 23).^[78]

Wages Protection Act 1983

ILO Convention 95 (1949): Protection of Wages

Waterfront Industry Reform Act 1989

ILO Convention 32 (1932): Protection against Accidents (Dockers)

Waterfront Industry Restructuring Act 1989

ILO Convention 32 (1932): Protection against Accidents (Dockers)

Weights and Measures Act 1987

This Act gives primacy to the metric system of weights and measures, and provides for the setting of standards and inspection of devices designed to weigh and measure, work for which the Convention respecting the Creation of an International Office of Weights and Measures (1875) may be relevant.

Western Samoa Act 1961

Trusteeship Agreement for the Territory of Western Samoa (1946)

^[*] The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed are the author’s own and may not be attributed to the Parliamentary Counsel Office or the Attorney-General. The able research assistance of Dolon Sarkar is gratefully acknowledged.

^[1] Department of Prime Minister and Cabinet, ‘Cabinet Manual’ (2001), online: <http://www.dpmc.govt.nz/cabinet/manual/index.html> (last accessed on 9 March 2007) (“Manual”); Marie Shroff, Secretary of the Cabinet, ‘Preface to Cabinet Manual’ (April 2001), online: <www.dpmc.govt.nz/cabinet/manual/preface.html> (last accessed on 9 March 2007); see also Rt Hon Helen Clark, Foreword to Manual (2001) above (stating that “the objective of the Manual is to provide enduring, authoritative guidance for executive government principles, procedures and values”); Rt Hon J B Bolger, Prime Minister, Foreword to Cabinet Manual (August 1996) xi (stating that the Manual is “a comprehensive guide to the central government decision making process”); Rt Hon J B Bolger, Prime Minister, Foreword to Cabinet Manual (November 1991) (stating that the Manual is a “comprehensive guide to the central government decision-making process”); Marie Shroff, Secretary of the Cabinet, Preface to Manual (1991) above (same).

^[2] Manual (2001), above n 1; see also Manual (1996), above n 1, 124 and 126; Manual (1991), above n 1, 5/App1/i, 5/App2/i.

^[3] See Manual (1991), above n 1, 5/App1/i, 5/App2/i. An extant copy of the first edition of the Manual proved to be elusive. The 1991 edition of the Manual replaced the first edition, which the Cabinet Office produced in 1979 and gave “a restricted circulation with departments”. Marie Shroff, Secretary of the Cabinet, Preface to Manual (1991) above n 1. Keith J, who authored a number of the decisions set out in note 6 below, contributed to the 1991 edition while serving as President of the New Zealand Law Commission. See Shroff above n 1.

^[4] For a concise overview of New Zealand’s governmental system with special reference to its treaty-making process, see Mark Gobbi, ‘Enhancing Public Participation in the Treaty-Making Process: An Assessment of New Zealand’s Constitutional Response’ (1998) 6 Tulane Journal of International and Comparative Law 57. For an in-depth treatment of New Zealand’s constitutional law, see generally Philip Joseph, Constitutional and Administrative Law in New Zealand (Brookers Publishers, 2^nd ed, 2001). For an in-depth treatment of New Zealand’s law making process, see generally David McGee, Parliamentary Practice in New Zealand (Dunmore Publishing, 3^rd ed, 2005). For an in-depth treatment of the implications of the New Zealand Bill of Rights Act 1990, which implements the International Covenant on Civil and Political Rights 1966, see generally Andrew Butler and Petra Butler, The New Zealand Bill of Rights Act: a Commentary (LexisNexis NZ, 2005).

^[5] For a summary of the legislative provisions in bills before the House of Representatives from 1991 through 2005 that the Attorney-General considered problematic in terms of compliance with the New Zealand Bill of Rights Act 1990, see Butler and Butler, ibid 203-206.

^[6] See for example, Puli’vera v Removal Authority [1996] NZCA 234; [1996] 3 NZLR 538 (CA) at 542 (per Keith J for Richardson P and Blanchard J stating, with respect to an application for leave to appeal to the Privy Council, by way of quoting the previously delivered substantive decision, that “the Court should strive to interpret legislation consistently with the treaty obligations of New Zealand”); Rajan v Minister of Immigration [1996] NZCA 484; [1996] 3 NZLR 543 (CA) at 551 (per Henry and Keith JJ stating generally that a factor for reading a provision as subject to international obligations “is the presumption of statutory interpretation that so far as its wording allows legislation should be read in a way which is consistent with New Zealand’s international obligations”); New Zealand Airline Pilots Association Inc v Attorney-General [1997] 3 NZLR 269 (CA) at 289 (per Keith J for Richardson P and Henry, Thomas, and Blanchard JJ, applying Rajan and stating that “[w]e begin with the presumption of statutory interpretation that so far as its wording allows legislation should be read in a way which is consistent with New Zealand’s international obligations”); Wellington District Legal Services Committee v Tangiora [1997] NZCA 326; [1998] 1 NZLR 129 (CA) at 137 (per Keith J for Richardson P and Gault and Blanchard JJ quoting Rajan as above); Sellers v Maritime Safety Inspector [1998] NZCA 248; [1999] 2 NZLR 44 (CA) at 57-58 (per Keith J for Richardson P and Blanchard JJ relying on Airline Pilots and Re The Award of the Wellington Cooks and Stewards’ Union [1906] 26 NZLR 394 (which quoted R v Keyn [1876] UKLawRpExch 73; (1876) 2 Ex D 63 at 85 for the proposition that “it is an established principle as to the construction of a statute that it should be construed, if the words will permit, so as to be in accordance with principles of international law”) and stating that “[m]aritime rules promulgated by the Minister must not be inconsistent with international standards relating to maritime safety and the health and welfare of seafarers to the extent adopted by New Zealand”); B v G [2002] NZCA 169; [2002] 3 NZLR 233 (CA) at 243 (Glazebrook J for Keith, Blanchard, McGrath, and Anderson JJ, relying on Airline Pilots and stating that “[u]nless the words of a statute rule out such an interpretation (and here clearly they do not), then a Court should favour an interpretation that is in line with New Zealand’s international obligations”); Hemmes v Young [2004] NZCA 289; [2005] 2 NZLR 755 (CA) at 774 (Hammond J relying on Airline Pilots and quoting Rajan as above and Sellers above as per Re Keyn); see also Patel v Minister of Immigration [1996] NZHC 1770; [1997] 1 NZLR 252 (HC) at 256 (Greig J quoting Puli’vera as above); T v J [2000] 2 NZLR 236 (HC) at 238 (Robertson and Potter JJ quoting Airline Pilots as above); Re an Unborn Child [2003] 1 NZLR 115 (HC) at 122 (Heath J quoting B v G as above but with added emphasis); Right to Life New Zealand Inc v Rothwell [2005] NZHC 487; [2006] 1 NZLR 531 (HC) at 538 (Wild J relying on Airline Pilots and stating that the New Zealand Bill of Rights Act 1990 “should be read in a way which is consistent with New Zealand’s international obligations”); John Burrows, Statute Law in New Zealand (LexisNexis NZ, 3^rd ed, 2003) 341-343 (citing Rajan, Airline Pilots, and Tangiora and stating that “[t]here is a presumption, which is gaining strength, that Parliament does not intend to legislate contrary to New Zealand’s international obligations”); see also generally Mark Gobbi, ‘Making Sense of Ambiguity: Some reflections on the use of treaties to interpret legislation in New Zealand’ (2002) 23(1) Statute Law Review 47.

^[7] The term “international instruments” is used as a convenient means of reference, as not all of the relevant international standards and obligations are in the form of traditional international agreements (for example, treaties, conventions and protocols). New Zealand, for example, has legislation that reflects various international guidelines and model laws. See generally Part V.

^[8] See Manual (1991), above n 1, 5/App1/i, 5/App2/i.

^[9] See New Zealand Consolidated Treaty List as at 31 December 1996, Part 1 (Multilateral Treaties), New Zealand Treaty Series 1997, No 1, Appendix to the Journal of the House of Representatives, A.263 (1997); New Zealand Consolidated Treaty List as at 31 December 1996, Part 2 (Bilateral Treaties), New Zealand Treaty Series 1997, No 2, Appendix to the Journal of the House of Representatives, A.265 (1997).

^[10] See Legislation Advisory Committee, Legislative Change: Guidelines on Process and Content, Report No 6 (December 1991) (“Guidelines”). Keith J, who authored a number of the decisions set out in note 6 above, served as a member of the LAC when it produced these guidelines. See Guidelines, vii.

^[11] Ibid 71 (emphasis added).

^[12] Ibid (emphasis added).

^[13] See generally Department of Justice Restructuring Act 1995 (NZ).

^[14] The Ministry of Justice and the Department for Courts merged on 1 October 2003. The new organisation is called the Ministry of Justice.

^[15] The database can be found at Ministry of Justice, ‘Database of New Zealand’s Multilateral Agreements’, <http://www.justice.govt.nz/pubs/reports/1996/agreements/ index.htm> (last accessed 9 April 2007).

^[16] Mark Gobbi, ‘A Survey of Drafting Techniques for Implementing Treaties in New Zealand’ (paper presented to Drafting Forum 2000).

^[17] Mark Gobbi, ‘Drafting Techniques for Implementing Treaties in New Zealand’ (2000) 21(2) Statute Law Review 71.

^[18] See Legislation Advisory Committee, Guidelines on Process and Content of Legislation (2001) 183-199. An updated version of the Guidelines can be found online: <http://www.justice.govt.nz/lac/> (last accessed on 9 March 2007).

^[19] See Gobbi, above n 17, 73-74.

^[20] A number of the Acts on the LAC lists and the Justice list are not included in the master list because Parliament has repealed them or ‘folded’ them into other Acts. A few other Acts on the Justice list are not included because the previously perceived connection between the Act and the identified international instrument appears to be based on criteria that are more inclusive than the criteria used for this article.

^[21] See Mark Gobbi, ‘Treaty Action and Implementation’ [2007] NZYbkIntLaw 18; (2007) 4 New Zealand Yearbook of International Law 311.

^[22] See Mark Gobbi, ‘Treaty Action and Implementation’ (2006) 3 New Zealand Yearbook of International Law 235-247; Mark Gobbi, ‘Treaty Action and Implementation’ (2005) 2 New Zealand Yearbook of International Law 369-380; Mark Gobbi, ‘Treaty Action and Implementation’ (2004) 1 New Zealand Yearbook of International Law 250-267.

^[23] The master list in Part V does not specify the regulations that implement New Zealand’s international obligations. The intention is to specify these regulations, and the relevant international instruments, in the next volume of the Yearbook.

^[24] These Acts are marked with @ in Part V. The Cabinet Office Manual also requires proposed legislation to comply with the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993, both of which are the primary vehicles for implementing New Zealand’s international obligations under various human rights agreements: see Manual (2001), above n 1.

^[25] See Ministry of Justice, above n 15.

^[26] I welcome any suggestions along these lines (mark.gobbi@parliament.govt.nz).

^[27] For examples of treaties that create obligations for New Zealand but are not the subject of implementing legislation, see generally Multilateral Treaties, above n 9 (for example, Vienna Convention on the Law of Treaties 1980), and Bilateral Treaties, above n 9 (for example, Agreement [between Western Samoa and New Zealand] concerning Financial Contributions to the Apia Water Supply 1986). In addition, the master list, unlike the 2001 LAC list, does not provide a specific list of Acts that have provisions that grant a decisional power that must be exercised in a way that takes into account, has regard to, is consistent with, or gives effect to, an unspecified international standard or obligation (or the making of regulations in this respect). For a list of these types of Acts, see Guidelines (2001), above n 18, 192-194.

^[28] The United Kingdom offered New Zealand full independence in 1931 when it passed the Statute of Westminster 1931 (UK). New Zealand accepted the offer in 1947 when it enacted the Statute of Westminster Adoption Act 1947 (NZ) (repealed).

^[29] Due to its colonial history, New Zealand inherited parliamentary enactments from England, Great Britain, and the United Kingdom as part of its law. Well after New Zealand gained full independence (1947), its Parliament enacted the Imperial Laws Application Act 1988 to set out a definitive statement of the status of these enactments. See Joseph, above n 4, 17-21. Thirty-seven of these enactments continue to have application in New Zealand. For a list and the text of these enactments, see ‘Imperial Acts’ in Status–New Zealand Statutes (electronic database, last updated on 18 December 2006, but unchanged as at 14 February 2007 due to parliamentary recess).

^[30] Between 1852 and 1875, New Zealand’s governmental system was arranged along federal lines. Certain matters were reserved for a central legislature, but concurrent jurisdiction was given to six provinces with respect to all other matters, each of which had an elected legislature and executive. See Kenneth Scott, The New Zealand Constitution (Clarendon Press, 1962) 2-3. The provincial legislature enacted provincial Acts and Ordinances, of which 39 are still in force. For a list and the text of these enactments, see ‘Ordinances’ in Status, ibid.

^[31] The figure is 1,109 as of 14 February 2007. See generally Status, ibid.

^[32] Parliament enacts public Acts, local Acts, and private Acts. Public Acts are enacted Government bills or Member’s bills. A Government bill is a bill dealing with a matter of public policy and is introduced by a Minister. A Member’s bill is a bill dealing with a matter of public policy and is introduced by a Member who is not a Minister. A local Act is an enacted local bill, which is promoted by a local authority and is confined in its effects to a particular locality. A private Act is an enacted private bill, which is promoted by a person or body of persons for the particular interest of that person or body of persons. Local and private bills may be introduced by any Member, Minister or non-Minister. See McGee, above n 4, 305-312.

^[33] The y-axis indicates the number of extant Acts and the x-axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by number of Acts): 1850s, 2; 1860s, 1; 1870s, 35; 1880s, 6; 1890s, 9; 1900s, 43; 1910s, 19; 1920s, 29; 1930s, 60; 1940s, 74; 1950s, 84; 1960s, 104; 1970s, 127; 1980s, 158; 1990s, 212; 2000s, 129. It was derived from the list of public Acts found in Status, above n 29.

^[34] As stated in the text, the data in this article is current as at 30 June 2006.

^[35] The vertical axis indicates the number of extant Acts with implications for international standards or obligations and the horizontal axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by number of Acts): 1850s, 0; 1860s, 0; 1870s, 0; 1880s, 1; 1890s, 0; 1900s, 5; 1910s, 2; 1920s, 0; 1930s, 1; 1940s, 4; 1950s, 10; 1960s, 20; 1970s, 24; 1980s, 55; 1990s, 55; 2000s, 25. It was derived from the list of public Acts found in Status, above n 29.

^[36] For a discussion of the recent enacting rate, see text accompanying footnotes 6-10 herein.

^[37] The vertical axis indicates the number of extant Acts with implications for international standards or obligations as a percentage of total extant Acts and the horizontal axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by percentage): 1850s, 0%; 1860s, 0%; 1870s, 0%; 1880s, 16.67%; 1890s, 0%; 1900s, 11.63%; 1910s, 10.53%; 1920s, 0%; 1930s, 1.67%; 1940s, 5.41%; 1950s, 11.9%; 1960s, 19.23%; 1970s, 19.69%; 1980s, 34.81%; 1990s, 25.94%; 2000s, 19.38%.

^[38] Guidelines (1991), above n 10, 81. If the LAC did not make these (or similar) adjustments, its figure may be the result of under-estimating the number of public Acts in existence in 1991.

^[39] The vertical axis indicates the number of unique international instruments relevant to the Acts listed in Part V and the horizontal axis indicates the decade in which the text of these instruments was settled. The data used to generate the chart is as follows (decade followed by number of Acts): 1850s, 0; 1860s, 0; 1870s, 8; 1880s, 14; 1890s, 6; 1900s, 7; 1910s, 4; 1920s, 19; 1930s, 13; 1940s, 25; 1950s, 24; 1960s, 28; 1970s, 36; 1980s, 32; 1990s, 43; 2000s, 22.

^[40] Twenty-three others have links to two Acts.

^[41] See cases, above n 6. For discussions of the use of New Zealand’s international obligations to determine the application of legislation to arguable violations of human rights when the legislation is silent as to the specific facts before the court, see Mist v R [2005] NZSC 77; [2006] 3 NZLR 145 (Supreme Court, Chief Justice Elias and Justices Gault, Keith, Blanchard, and Tipping) (dealing with absence of legislative provision indicating whether applicable penalty provision is dependent on age of defendant at time of offence or at time of sentencing); Simpson v Attorney-General [Baigent’s Case] [1994] NZCA 287; [1994] 3 NZLR 667 (Court of Appeal, President Cooke and Justices Casey, Hardie Boys, Gault, and McKay) (dealing with absence of legislative provision regarding compensation for violation of certain human rights). For a discussion of the use of New Zealand’s international obligations to determine the application of legislation to arguable violations of human rights when the legislation expressly addresses the facts before the court, see R v Pora [2000] NZCA 403; [2001] 2 NZLR 37 (Court of Appeal, Chief Justice Elias and Justices Richardson, Gault, Thomas, Keith, Tipping, and McGrath) (dealing with provision regarding retrospective application of criminal penalties).

^[42] For discussions of New Zealand’s treaty-making process, see Gobbi, above n 4, 84-100; Law Commission, The Treaty Making Process: Reform and the Role of Parliament, Report 45 (NZLC R45, 1997) 5-18; Mark Gobbi and M Barsi, New Zealand’s Treaty-Making Process: Understanding the Pressures and Proposals for Reform (Draft No 3) (Ministry of Justice, Wellington, 1997); see also R Harris, International Issues – The Interaction Between International Law-Making and Domestic Implementation (address to the Fourth New Zealand Public Law Forum: Public Law 2002, Wellington, 16-17 April 2002); M Chen, ‘A Constitutional Revolution? The Role of the New Zealand Parliament in Treaty-Making’ (2001) 19(4) New Zealand Universities Law Review 448; M Chen, ‘Unfinished Business: The Evolving Role of Parliament in Executive Treaty-Making in New Zealand’ (Australian and New Zealand Society of International Law, American Society of International Law 2000, Proceedings of a Joint Meeting) 227. For procedural rules pertaining to the treaty-making process, see Standing Orders of the House of Representatives (2005) at 112-114 (standing orders 387 to 390 on international treaties); Manual (2001), above n 1, paras 5.83 - 5.91; see also A Bracegirdle, ‘Domestic Procedures for International Treaty Actions: Description of New Zealand Procedures’ (2003) 14 Public Law Review 28.

^[43] See Department of Prime Minister and Cabinet, ‘Ministerial List’, online: <http://www.dpmc.govt.nz/> (last accessed on 9 March 2007).

^[44] Compare Imprest Supply Act 1961 in New Zealand Statutes (1961, Vol 1) 3, 5, with University of Hawke’s Bay Trust Act 1960 in New Zealand Statutes (1960) 869, 878.

^[45] See Copyright Act 1994 in New Zealand Statutes (1994, Vol 2) 1539, 1720.

^[46] See Department of Justice (Restructuring) Act 1995, s 6; Department of Justice (Restructuring) Act Commencement Order 2004.

^[47] See Department of Prime Minister and Cabinet, ‘Ministerial Portfolios – Commerce’, online: <http://www.dpmc.govt.nz/cabinet/portfolios/commerce.asp> (last accessed on 9 March 2007).

^[48] See above n 20.

^[49] See, for example, New Zealand Ministry of Foreign Affairs and Trade, Annual Report 2005/06, A.1 (2006) 21-25.

^[50] The Cheques Act 1960 is deemed to be part of this Act.

^[51] This Act is deemed to be part of the Bills of Exchange Act 1908.

^[52] GATT means General Agreement on Trade and Tariffs.

^[53] The purpose clause mentions the Rules but not the Convention: see Corrections Act 2004, s 5.

^[54] A number of other agreements are given effect in regulations made under this Act.

^[55] See Extradition Act 1999, s 104(2) and Schedule 1. With the exception of Iraq, the dates refer to the date of the relevant extradition agreement not the date of the order.

^[56] The annexes to the Convention are not included in the text.

^[57] The annex to the Convention is not included in the text.

^[58] The annexes to the Convention are not included in the text.

^[59] The annexes to the Convention are not included in the text.

^[60] The annexes to the Protocol are not included in the text.

^[61] This Act was previously entitled the Import Control Act 1988.

^[62] See Income Tax Act 2004, s BH 1; see also Income Tax Act 1994, s BH 1 (repealed).

^[63] The text incorporates the Geneva Conventions of 1949 and the Convention on the Privileges and Immunities of the United Nations 1946.

^[64] The Act also makes provisions for the continued operation of New Zealand law with respect to Commonwealth countries.

^[65] The repeal occurred on 1 July 2006. The Act is included in the master list because it is a snap shot of the position at the end of 30 June 2006.

^[66] See also the Misuse of Drugs Amendment Act 1978, which is read as part of the Misuse Use of Drugs Act 1975.

^[67] This Act is not yet in force.

^[68] The Patents Amendment Act 1992 is read as part of the Patents Act 1953.

^[69] The text is in Schedule 2 of the Patents Amendment Act 1992.

^[70] The text is in Schedule 2 of the Patents Amendment Act 1992.

^[71] This Act was originally called the Antiquities Act 1975. Parliament enacted the provisions relevant to the identified international instruments in 2006. However, the Act is not classified as an Act enacted during the 2000s for the purposes of the discussion in Part III because, for reasons of consistency, it would require the reclassification of all the extant Acts that may have been amended to accommodate international obligations assumed after their initial enactment.

^[72] The text is in the Schedule of the Social Security (Reciprocity with the United Kingdom) Order 1990.

^[73] The Temporary Safeguard Authorities Amendment Act 1994 is read as part of the Temporary Safeguard Authorities Act 1987.

^[74] See Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989). The general recommendations can be found at <http://www.fatf-gafi.org/document/28/0,2340,en_32250379_32236930_33658140_1_1_1_1,00.html> . These recommendations were initially developed in 1990 and revised for the first time in 1996. The recommendations were updated again in 2003. The specialised recommendations re terrorist financing are at <http://www.fatf-gafi.org/document/ 9/0,2340,en_32250379_32236920_34032073_1_1_1_1,00.html> . They were updated on 22 October 2004. The Terrorism Act 2002 was amended in 2005, in part, to take up some of the changes to the Task Force's recommendations.

^[75] A number of New Zealand’s international obligations are given effect in regulations made under this Act.

^[76] One of the purposes of the Act is to “ensure that New Zealand’s trade mark regime takes account of international developments”: Trade Marks Act 2002, s 3.

^[77] One of the purposes of the Act is to “enable New Zealand to give effect to status of forces agreements concluded with other States”: Visiting Forces Act 2004, s 3.

^[78] These agreements are not included as part of the discussion regarding bilateral agreements in Part III.