Gobbi, Mark --- "Treaty Action and Implementation" [2008] NZYbkIntLaw 13; (2008) 5 New Zealand Yearbook of International Law 279

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This article documents governmental activity undertaken to implement New Zealand’s international obligations during the current interval.^[1] It concludes that the level of activity in the current interval, relative to the previous interval, has increased for the parliamentary and judicial branches of government, but has decreased for the executive branch. This overview summarises that activity and compares it with the activity undertaken during the previous interval.^[2]

A. Parliamentary Activity

1. Acts of Parliament

During the current interval, Parliament enacted 35 bills with implications for New Zealand’s international obligations. Twenty-one simply amended acts that had implemented treaties, seven improved compliance with treaties that had already been implemented, six implemented eight new agreements, and one repealed an implementing act. Thirty-four of these acts involved multilateral agreements and one involved a bilateral agreement.

In terms of Acts, this level of activity is 2.5 times greater than the previous interval. During the previous interval, Parliament enacted 14 bills with implications for New Zealand’s international obligations. Ten simply amended acts that had implemented treaties, one improved compliance with a treaty that had already been implemented, and three implemented two new treaties.^[3] Ten of these acts involved multilateral treaties, three involved bilateral treaties, and one involved a quadrilateral agreement.

2. Treaty Examination Reports

During the current interval, the House of Representatives considered 20 select committee reports on treaties (21 treaties in all). Nineteen of these reports gave a positive pro forma response to the treaty examined (i.e., ‘no matters to bring to the attention of the House’). Public submissions did not feature in these reports. One report brought matters to the attention of the House. Public submissions did not feature in this report, but it warranted a Government response.

In terms of reports, this level of activity is greater than during the previous interval (11 more reports). In terms of treaties examined, this level of activity is also greater than during the previous interval (12 more treaties). During the previous internal, the House of Representatives considered nine select committee reports (nine treaties in all). Seven of these reports gave a positive pro forma response to the treaty examined. Public submissions did not feature in these reports. Two reports brought matters to the attention of the House; public submissions featured in one of them. None of these reports warranted a Government response.^[4]

B. Executive Activity

During the current interval, the Executive made 20 regulations that implement New Zealand’s international obligations (although one of these 20 amended five different regulations to give effect to changes made to one multilateral agreement). One of these regulations concerned the incorporation of foreign national standards, seven implemented bilateral agreements, and two implemented quadrilateral agreements, while the remaining 10 implemented multilateral agreements. Seven implemented trade agreements, four dealt with safety standards or agreements, three implemented environmental agreements, two gave effect to bilateral tax agreements, two dealt with United Nations Security Council resolutions, one implemented an aviation agreement, and one dealt with fisheries.

This level of activity is less than during the previous interval. During the previous interval, the Executive made 31 regulations that implement New Zealand’s international obligations. Eight of these regulations concerned the incorporation of foreign national or international standards, five implemented bilateral agreements, and four implemented a quadrilateral agreement, while the remaining 14 implemented multilateral agreements. Eight implemented environmental agreements or standards, six implemented trade agreements, five dealt with safety standards, four gave effect to bilateral tax agreements, three concerned agreements against illicit drugs, two dealt with a bilateral agreement regarding national boundaries, one dealt with trans-Tasman mutual recognition, and one implemented a United Nations Security Council resolution.^[5]

During the current interval, the Executive was involved in 48 treaty actions with respect to 12 multilateral agreements and 15 bilateral agreements. Of the 12 multilateral agreements, the Executive signed four and adhered to four. Five came into force. Of the 15 bilateral agreements, the Executive signed 10 and adhered to 11. Eleven came into force. The Executive does not appear to have had occasion during the current interval to provide any periodic reports to the United Nations regarding New Zealand’s compliance with the following human rights treaties:^[6] the International Covenant on Civil and Political Rights (1966); the International Covenant on Economic, Social and Cultural Rights (1966); the International Convention on the Elimination of All Forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of Discrimination Against Women (1979); the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984); and the United Nations Convention on the Rights of the Child (1989).^[7]

This level of activity is similar to the level of activity that took place during the previous interval. During the previous interval, the Executive was involved in 51 treaty actions with respect to 12 multilateral agreements and 20 bilateral agreements. Of the 12 multilateral agreements, the Executive signed four, adhered to six, accepted one, and ratified one. Six came into force. Of the 20 bilateral agreements, the Executive signed 11 and adhered to nine. Thirteen came into force. The Executive submitted two periodic reports to the United Nations.^[8]

C. Judicial Activity

During the current interval, the judiciary delivered 81 judgments that referenced New Zealand’s international obligations. Thirteen of these judgments were reported in the New Zealand Law Report series; the Supreme Court delivered five, the Court of Appeal delivered five, and the High Court delivered three. Twenty-two were reported in other series; the Court of Appeal delivered six, the High Court delivered eight, the Family Court delivered four, the Employment Court delivered two, and the Employment Relations Authority delivered two. Forty-six were unreported; the Supreme Court delivered two, the Court of Appeal delivered six, the High Court delivered 31, the District Court delivered six, and the Environment Court delivered one.

Of these 81 judgments, 14 dealt with custody matters, 11 with immigration matters, eight with civil procedure matters, eight with criminal matters, seven with administrative law matters, and six with criminal procedure matters. Four dealt with employment, three with habeas corpus, three with sentencing, two with maintenance, two with intellectual property, and two with evidence. One dealt with admiralty, one with barristerial immunity, one with torts, one with legal aid, one with international law, one with statutory interpretation, one with summary proceedings, one with constitutional law, one with resource management, one with health practitioners, and one with accident compensation.

These 81 judgments referred to 33 different international agreements (one of which does not have New Zealand as a party), of which two are bilateral and 31 are multilateral. In total, these judgments have 117 references. In these cases, the most frequently cited international agreements are the International Covenant on Civil and Political Rights (1966) (26 references), the Convention of the Rights of the Child (1989) (15 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (12 references),^[9]the Hague Convention on the Civil Aspects of International Child Abduction (1980) (11 references), the Universal Declaration of Human Rights (1948) (six references), and the Convention relating to the Status of Refugees (1951) (five references). Three other agreements are referenced by three judgments, nine other agreements are referenced by two judgments, and 15 other agreements are referenced by one judgment.

In terms of the number of judgments delivered, the level of activity is 1.56 times greater than the level of activity that took place during the previous interval. In terms of the number of references to international agreements, the level of activity is 2.06 times greater. During the previous interval, the judiciary delivered 52 judgments that referenced New Zealand’s international obligations. Seven of these judgments were reported in the New Zealand Law Report series; the Supreme Court delivered two, the Court of Appeal delivered four, and the High Court delivered one. Twelve were reported in other series; the Court of Appeal delivered one and the High Court delivered 11. Thirty-three were unreported; the Court of Appeal delivered five, the High Court delivered 23, and the Family Court delivered five.

Of these 52 judgments, 15 dealt with custody matters, 14 with civil procedure matters, and 11 with criminal procedure matters. Nine dealt with immigration matters, one with torts, one with intellectual property, and one with freedom of association.

These 52 judgments referred to 16 different international agreements (one of which does not have New Zealand as a party) and one handbook relevant to the application of a convention to which New Zealand is a party. In total, these judgments have 70 references. In these cases, the most frequently cited international agreements are the International Covenant on Civil and Political Rights (1966) (14 references), the Hague Convention on the Civil Aspects of International Child Abduction (1980) (13 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (10 references),^[10] the Convention of the Rights of the Child (1989) (nine references), the Convention relating to the Status of Refugees (1951) (seven references), the International Covenant on Economic, Social and Cultural Rights (1966) (three references), and the Model Law on International Commercial Arbitration (1985) (two references). Eight other international agreements are referenced by one case. The handbook is referenced by two cases.

D. Conclusion

During the current interval, all three branches of government took part in the implementation of New Zealand’s international obligations. The levels of activity for both the parliamentary and judicial branches of government have increased relative to the previous interval. The level of activity for the executive branch has, on balance, decreased (the number of treaty actions is nearly the same). International agreements continue to be an important source of law in New Zealand.

II. Treaty Action

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

A. Executive Treaty Action^[11]

1. Multilateral Treaties

Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf (signed on 24 January 2007)

Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety Maritime Navigation (signed on 24 January 2007)

Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel (signed on 20 September 2006)

International Health Regulations 2005 (entered into force for New Zealand on 15 June 2007)

International Convention against Doping in Sport (entered into force for New Zealand on 1 February 2007)

Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (adhered to on 14 March 2007; entered into force for New Zealand on 13 April 2007)

Convention on Stolen or Illegally Exported Cultural Objects (adhered to on 16 November 2006; entered into force for New Zealand on 1 May 2007)

International Labour Organisation Convention concerning Occupational Safety and Health and the Working Environment (No 155) (adhered to on 11 June 2007)

UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (adhered to on 1 February 2007; entered into force for New Zealand on 1 May 2007)

Convention on the Reduction of Statelessness (adhered to on 20 September 2006; entered into force for New Zealand on 19 December 2006)

2. Bilateral Treaties

World Wine Trade Group Agreement on Requirements for Wine Labelling (signed on 23 January 2007)

Agreement on Fisheries between the Government of New Zealand and the Government of Solomon Islands (signed on 29 May 2007, adhered to on 29 May 2007; entered into force for New Zealand on 29 May 2007)

Agreement between New Zealand and the Kingdom of Spain on Remunerated Activities for Dependents of Diplomatic, Consular, Administrative and Technical Personnel of Diplomatic Missions (signed on 12 April 2007)

Agreement between the Government of New Zealand and the Government of the Kingdom of the Netherlands in respect of the Netherlands Antilles for the Exchange of Information with respect to Taxes (signed on 1 March 2007)

Exchange of Notes Constituting an Agreement between the Government of New Zealand and the Government of the People’s Republic of China for Reciprocal Access for Airline Crew Members (signed on 21 March 2007; adhered to on 21 March 2007; entered into force for New Zealand on 23 March 2007)

Memorandum of Agreement between the United Nations Office for Project Services and the Government of New Zealand (signed on 31 January 2007; adhered to on 31 January 2007; entered into force for New Zealand on 31 January 2007)

Exchange of Letters Constituting an Agreement to Amend Article 3 (Rules of Origin) of the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) (signed on 12 December 2006; adhered to on 21 December 2006; entered into force for New Zealand on 1 January 2007)

Agreement between the Government of New Zealand and the Government of the United Mexican States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, with Protocol (signed on 16 November 2006; adhered to on 17 May 2007; entered into force for New Zealand on 15 June 2007)

Agreement between New Zealand and the Republic of Austria with respect to Taxes on Income and on Capital, with Protocol (signed on 21 September 2006)

Air Services Agreement between the Government of New Zealand and the Government of India (signed on 2 May 2006; adhered to on 11 July 2006; entered into force for New Zealand on 13 November 2006)

Protocol amending the Agreement between the Government of New Zealand and the Government of Australia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (adhered to on 8 August 2006; entered into force for New Zealand on 22 January 2007)

Third Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (adhered to on 31 July 2006; entered into force for New Zealand on 31 July 2006)

Agreement between the Government of New Zealand and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes and Income (adhered to on 31 July 2006; entered into force for New Zealand on 16 August 2006)

Agreement between New Zealand and the Republic of Poland for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (adhered to on 16 August 2006; entered into force for New Zealand on 16 August 2006)

Air Services Agreement between the Government of New Zealand and the Swiss Federal Council (adhered to on 26 January 2007; entered into force for New Zealand on 26 January 2007)

B. Reports on Treaties Tabled in the House of Representatives

1. Reports Where No Matters Were Drawn to the Attention of the House

Report on International Treaty Examination of the International Convention for the Suppression of Acts of Nuclear Terrorism; Foreign Affairs, Defence and Trade Committee (presented 21 July 2006)

Report on International Treaty Examination of the Amendment to the Convention on the Physical Protection of Nuclear Material; Foreign Affairs, Defence and Trade Committee (presented 21 July 2006)

Report on International Treaty Examination of the Constitution of the International Organisation for Migration; Foreign Affairs, Defence and Trade Committee (presented 24 August 2006)

Report on International Treaty Examination of the amendments to the Treaty on Fisheries between the Governments of certain Pacific Island States and the Government of the United States of America 1987, and the amendments to the Agreement among Pacific Island States concerning the implementation and administration of the Treaty on Fisheries between the Governments of certain Pacific Island States and the United States of America 1992; Primary Production Committee (presented 14 September 2006)

Report on International Treaty Examination of the Exchange of Letters constituting an agreement to amend Article 3 of the Australia/New Zealand Closer Economic Relationship Trade Agreement; Foreign Affairs and Trade Committee (presented 27 October 2006)

Report on International Treaty Examination of the Agreement between New Zealand and the Republic of Austria with respect to Taxes on Income and Capital; Finance and Expenditure Committee (presented 9 November 2006)

Report on International Treaty Examination of the Convention establishing the Multilateral Investment Guarantee Agency; Finance and Expenditure Committee (presented 9 November 2006)

Report on International Treaty Examination of the Singapore Treaty on the Law of Trademarks; Foreign Affairs, Defence and Trade Committee (presented 16 November 2006)

Report on International Treaty Examination of the Accession to the Nice Agreement concerning the international classification of goods and services for the purposes of the registration of Marks; Foreign Affairs, Defence and Trade Committee (presented 16 November 2006)

Report on International Treaty Examination of the Protocol relating to the Madrid Agreement concerning the International Registration of Marks; Foreign Affairs and Trade Committee (presented 16 November 2006)

Report on International Treaty Examination on the Agreement establishing the Pacific Island Forum; Foreign Affairs, Defence and Trade (presented 16 November 2006)

Report on International Treaty Examination of the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel; Foreign Affairs, Defence and Trade Committee (presented 16 November 2006)

Report on International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the United Mexican States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income; Finance and Expenditure Committee (presented 6 December 2006)

Report on International Treaty Examination of the World Wine Trade Group Agreement on Requirements for Wine Labelling; Finance and Expenditure Committee (presented 16 March 2007)

Report on International Treaty Examination of the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem; Foreign Affairs, Defence and Trade (presented 10 April 2007)

Report on International Treaty Examination of Removal of Reservation to Convention on the Elimination of All Forms of Discrimination against Women; Foreign Affairs, Defence and Trade Committee (presented 17 May 2007)

Report on International Treaty Examination of the International Labour Organisation Convention concerning Occupational Safety and Health and the Working Environment (No 155); Transport and Industrial Relations Committee (presented 18 May 2007)

Report on International Treaty Examination of the Protocol on Explosive Remnants of War to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects; Foreign Affairs, Defence and Trade (presented 25 May 2007):

The Committee acknowledged and expressed support for New Zealand’s commitment to strengthening humanitarian law through the Protocol to the 1980 Convention.

Report on International Treaty Examination of Amendment to the 1980 Convention on the Prohibition or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects; Foreign Affairs, Defence and Trade Committee (presented 25 May 2007):

The Committee acknowledged and expressed support for New Zealand’s commitment to strengthening humanitarian law through the amendment to the 1980 Convention.

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

Report on International Treaty Examination of the International Health Regulations 2005; Health Committee (presented 11 June 2007):

The Health Committee expressed concern that Cabinet had agreed that New Zealand would be bound in full by the International Health Regulations 2005 from 15 December 2006, which, in effect, denied the House of Representatives an opportunity to consider the Regulations in accordance with the established treaty examination process (as set out in Standing Orders 387 to 390). It recommended that the Ministry of Foreign Affairs and Trade:

• remind all departments of the requirement to comply with Standing Order 387 without exception regardless of the process used to ratify, accede to, accept, or approve treaties (whether they be new treaties or revisions of existing treaties), including tacit acceptance; and

• establish a procedure to ensure that all departments are aware of and understand Standing Orders 387 to 390.

The Government accepted that the late tabling of the Regulations appeared to be inconsistent with the established treaty examination process. However, it reached the view that this unfortunate event was the result of unusual circumstances rather than a departmental failure to comply with Standing Orders 387 to 390. The Government also took the view that Standing Order 387 was intended to apply only to positive treaty actions and not to treaty actions subject to tacit acceptance, as to conclude otherwise would require submitting a large number of minor and technical treaty amendments to the House for examination, which would create a significant administrative burden for the relevant select committees and departments without contributing substantially to the underlying purpose of the treaty examination process. Nevertheless, the Government took the view that treaties subject to tacit acceptance should be submitted to the treaty examination process if the treaty action involves a matter that is neither minor nor technical in nature. The Government concluded that the Ministry of Foreign Affairs and Trade:

• should not remind departments to apply Standing Order 387 to all treaty actions because Standing Order 387 does not apply to all treaty actions; and

• has an effective procedure in place to ensure that departments are aware of and understand Standing Orders 387 to 390.

III. Legislation Related to New Zealand’s International Obligations

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

A. Acts of Parliament

Acts of Parliament relating to New Zealand’s international obligations are identified as: (1) Acts that simply amend legislation that has implemented treaties; (2) Acts that are aimed at improving compliance with treaties that have already been implemented; or (3) Acts implementing new treaty obligations.

1. Acts Simply Amending Legislation that Implemented Treaties

This Act amends the Child Support Act 1991, which implements the Convention on the Rights of the Child (1989). The amendments make a number of technical changes, insert new Part 5A, which provides for exemptions from the payment of financial support in certain circumstances, and insert new Part 6B, which allows the Commissioner of Inland Revenue to depart from the formula assessment of child support in certain circumstances.

This Act amends the Crimes Act 1961, which implements the Convention relating to the Status of Refugees (1951) (article 31), the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979) (articles 3, 4, 6 and 15), the Convention on the Physical Protection of Nuclear Material (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989), the Convention on the Rights of the Child (1989), the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991), International Labour Organization (ILO) Convention 182 (1999): Concerning the Worst Forms of Child Labour, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997), the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000), the Convention against Transnational Organised Crime (2000), the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000). The amendment alters the law regarding the use of force against children by persons with parental responsibility.

This Act amends the Crimes Act 1961, which implements the international obligations noted in the immediately preceding entry. The amendments criminalise the making and publishing of intimate visual recordings without the knowledge or consent of the persons who are the subjects of the recordings if the recordings were made in circumstances where they would reasonably expect privacy.

This Act amends the District Courts Act 1947, which implements the International Covenant on Civil and Political Rights (1966). The amendments alter several cross-references.

This Act amends the Employment Relations Act 2000, which implements International Labour Organization (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), and ILO Convention 122 (1964): Employment Policy, and incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively. The amendments alter several cross-references.

This Act amends the Fair Trading Act 1986, which draws on the United Nations Guidelines for Consumer Protection (1985). The amendments clarify, with respect to certain circumstances, the interrelationship of the Fair Trading Act 1986 with the Securities Act 1978, the Securities Markets Act 1988, and the Takeovers Act 1993, and allow the Commerce Commission to share information with the Securities Commission and the Takeovers Panel.

This Act amends the Health Act 1956, which implements the Convention for the Constitution of the World Health Organisation (1946) and the Protocol concerning the Office International d’Hygiène Publique (1946). The amendments, which complement the Epidemic Preparedness Act 2006, augment the powers for preventing the spread of infectious diseases.

This Act amends the Immigration Act 1987, which implements ILO Convention 97 (1949): Migration for Employment, the Convention relating to the Status of Refugees (1951), the Protocol relating to the Status of Refugees (1967), the Convention against Transnational Organised Crime (2000), the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organised Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking of Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000). The amendments, which complement the Epidemic Preparedness Act 2006, augment the powers for preventing the spread of infectious diseases.

This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001. The Accident Insurance Act 1998 (repealed) continues to apply with respect to Parts 10 and 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001. The Accident Insurance Act 1998 implemented ILO Convention 12 (1921): Workmen’s Compensation (Agriculture), ILO Convention 17 (1925): Workmen’s Compensation (Accidents), and ILO Convention 42 (1934): Workmen’s Compensation (Occupational Diseases). The amendments alter various provisions regarding levies.

This Act amends the Judicature Act 1908, which implements the Trans-Tasman Court Proceedings and Regulatory Enforcement (ongoing agreement between New Zealand and Australia). The amendments alter several cross-references.

This Act amends the Maori Land Act 1993 (Te Ture Whenua Maori Act 1993), which implements the International Covenant on Economic, Social and Cultural Rights (1966). The amendments alter several cross-references.

This Act amends the Meat Board Act 2004, which implements the International Bovine Meat Arrangement (GATT) (1994).^[13] The amendments, among other things, clarify that an allocation mechanism may provide for an allocation of access to quota markets to any person who is a registered exporter.

This Act amends the Minimum Wage Act 1983, which implements ILO Convention 14 (1921): Weekly Rest (Industry) and ILO Convention 26 (1928): Minimum Wage-Fixing Machinery. The amendments set out the circumstances in which a Labour Inspector may issue a minimum wage exemption permit.

This Act amends the Sentencing Act 2002, which implements the Convention on the Physical Protection of Nuclear Material (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments, which complement the Epidemic Preparedness Act 2006, augment the powers for preventing the spread of infectious diseases.

This Act amends the Social Security Act 1964, which implements ILO Convention 44 (1934): Unemployment Provision, ILO Convention 122 (1964): Employment Policy, and the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1969). The amendments adjust a provision regarding the issue and use of entitlement cards.

This Act amends the Social Security Act 1964, which implements ILO Convention 44 (1934): Unemployment Provision, ILO Convention 122 (1964): Employment Policy, and the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1969). The amendments adjust various provisions regarding the granting of various benefits.

This Act amends the Social Security Act 1964, which implements ILO Convention 44 (1934): Unemployment Provision, ILO Convention 122 (1964): Employment Policy, and the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1969). The amendments, which complement the Epidemic Preparedness Act 2006, augment the powers for preventing the spread of infectious diseases.

This Act amends the Standards Act 1988, which implements the Agreement on Technical Barriers to Trade (GATT Standards Code) with Annexes (1980) and the International Convention on the Harmonised Commodity Description and Coding System (1983). The amendments, among other things, clarify the provisions regarding the membership and functions of the Standards Council, which has the power to adopt as New Zealand standards those appropriate standards developed by other standard-setting organisations.

This Act amends the Summary Proceedings Act 1957, which implements the International Covenant on Civil and Political Rights (1966) (articles 10, 12 and 14), the Convention on the Elimination of All Forms of Discrimination against Women (1979) (articles 6 and 11), the Convention on the Physical Protection of Nuclear Material (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) (article 3), and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments, which complement the Epidemic Preparedness Act 2006, augment the powers for preventing the spread of infectious diseases.

This Act amends the Telecommunications Act 2001, which implements the International Telecommunication Convention with Annexes, Final Protocol, and Additional Protocols I to VII, and Annexed Radio Regulations (1932) and the Constitution of the Asia–Pacific Telecommunity (1979). The amendments, among other things, deal with the operational separation of Telecom.

This Act amends the Customs and Excise Act 1996, which implements the Customs Convention on the Temporary Importation of Private Road Vehicles (1954), the Customs Convention on Containers (1972), the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (1999), and a standard for motor fuel testing established by the American Society for Testing and Materials International (ASTM D2699:79). The amendments strengthen New Zealand’s border security by clarifying Customs’ border management role, improve the Customs Service’s ability to work cooperatively with other agencies at the border and ensure that individuals and items arriving in or departing from New Zealand are unable to slip through border processes without proper scrutiny.

This Act amends the Dumping and Countervailing Duties Act 1988, which implements the Agreement on Implementation of Article VI of the GATT (anti-dumping code) (1979), the Agreement establishing the World Trade Organization (1994), and the Agreement between New Zealand and Singapore on Closer Economic Partnership (2001). Among other things, the amendments allow the Minister to impose retrospective anti-dumping duty or countervailing duty to preclude the recurrence of material injury with respect to massive imports of subsidised goods that benefited from subsidies that are inconsistent with the Agreement establishing the World Trade Organization (1994).

This Act amends the Employment Relations Act 2000, which implements 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), and ILO Convention 122 (1964): Employment Policy, and incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively. The amendments substitute a new Part 6A to extend and clarify its application, especially to specified categories of employees in relation to subsequent contracting and subcontracting.

This Act replaces the Evidence Act 1908, which implemented the Hague Convention abolishing the requirement of legalisation for foreign public documents (1961), the International Covenant on Civil and Political Rights (1966) (articles 14 and 17), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) (articles 9 and 15).

This Act amends the Health and Safety in Employment Act 1992, which implements ILO Convention 12 (1921): Workmen’s Compensation (Agriculture), ILO Convention 10 (1921): Minimum Age (Agriculture), ILO Convention 32 (1932): Protection against Accidents (Dockers), and ILO Convention 134 (1970): Prevention of Accidents (Seafarers). The amendment provides that the chief executive of the Ministry of Health must, in relation to certain accidents, provide notice or information to certain persons.

This Act amends the Human Rights Act 1993, which implements the Universal Declaration of Human Rights (1948), ILO Convention 97 (1949): Migration for Employment, ILO Convention 100 (1951): Equal Remuneration, the Convention relating to the Status of Refugees (1951) (articles 2 and 4), ILO Convention 111 (1958): Discrimination (Employment and Occupation), the Convention on the Elimination of All Forms of Racial Discrimination (1963), ILO Convention 122 (1964): Employment Policy, the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Optional Protocol to the International Covenant on Civil and Political Rights (1966), and the Convention on the Elimination of All Forms of Discrimination against Women (1979). The amendments remove an exemption allowing discrimination against women that prevents them from serving in combat positions.

This Act amends the Radiocommunications Act 1989, which implements the Convention on International Civil Aviation (1944), the International Convention for the Safety of Life at Sea (1974), and the Radio Regulations annexed to the International Telecommunication Convention (1982). Among other things, the amendments require radio engineers issuing a certificate under section 57D to have regard to the Conventions and the Regulations. The amendments also provide that the arbitral tribunal’s decisions with respect to certain matters must have regard to the technical compatibility between the claimant’s receiver and the respondent’s transmitter as determined by the Conventions and the Regulations.

3. Acts Implementing New Treaties^[14]

This Act amends the Climate Change Response Act 2002, which implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendments refine the provisions relating to the transfer of units and the unit register. They also insert a new Part 3B into the Forests Act 1949, which provides a mechanism to allow landowners to access the value of carbon sequestration on land through the establishment of forest sink covenants.

This Act amends the Crimes of Torture Act 1989, which implements the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). The amendments implement the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2002).

This Act repeals the Disabled Persons Employment Promotion Act 1960, which implements ILO Convention 122 (1964): Employment Policy and the International Covenant on Economic, Social and Cultural Rights (1966).

This Act implements part of the Agreement on Trade-Related Aspects of Intellectual Property (1994) set out in Annex IC to the Agreement establishing the World Trade Organisation (1994).

This Act implements the United Nations Model Law on Cross-Border Insolvency (1997).

This Act amends the Antiquities Act 1975, which it renames as the Protected Objects Act 1975. The amendments implement the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995).

This Act provides for the making of rules that implement the World Anti-Doping Code (2003). The rules may incorporate by reference the standards, requirements or recommended practices of the World Anti-Doping Agency, the World Anti-Doping Agency’s International Standards and its Models of Best Practice.

B. Regulations^[16]

This section sets out the regulations made during the current interval that relate to New Zealand’s international obligations.

This order is made under section 100(1)(ed) of the Civil Aviation Act 1990. The order specifies that the Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007) is an Australia New Zealand Aviation mutual recognition agreement.

Customs and Excise (Rules of Origin for Australian Goods) Amendment Regulations 2006:

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996. The regulations replace the provisions that determine whether goods originate from Australia. By doing so, they implement an amendment to the rules of origin set out in the Australia New Zealand Closer Economic Relations Trade Agreement (1983).

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996. The amendment permits the chief executive of the New Zealand Customs Service to waive the requirement that goods partly manufactured in Thailand must be shipped direct to New Zealand to qualify for preferential tariff treatment.

These regulations are made under the Customs and Excise Act 1996. The order updates the Customs and Excise Regulations 1996 to make the terminology used in the regulations to describe rules of origin consistent with the International Convention on the Harmonised Commodity Description and Coding System (1983 as amended in 2007).

This order is made under section BH 1 of the Income Tax Act 2004, which provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the Agreement between New Zealand and the Republic of Austria with respect to Taxes on Income and Capital (2006).

This order is made under section BH 1 of the Income Tax Act 2004, which provides for the making of orders that give effect to certain taxation agreements. The order gives effect to the Agreement between the Government of New Zealand and the Government of the United Mexican States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2006).

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

This order is made under section 297 of the Fisheries Act 1996. These regulations implement the Convention of the Conservation of Migratory Species of Wild Animals (1979). The Convention requires a prohibition on the taking of any white pointer shark. This is implemented by the addition of white pointer shark to Schedule 7A of the Wildlife Act 1953.

This order is made under section 7(5) of the Tariff Act 1988. The order gives Chile the status of a specified TPA party for the purposes of the Tariff Act 1988, which implements the General Agreement on Tariffs and Trade (1994), in accordance with the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005).

This order is made under section 9 of the Tariff Act 1988. The order implements New Zealand’s commitments on tariff reduction and removal made under the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005). The new tariffs apply to Brunei and Chile when they meet the relevant requirements of the Agreement. Goods imported from Singapore are duty free under the terms of the Agreement between New Zealand and Singapore on Closer Economic Partnership (2001).

This order is made under section 10 of the Tariff Act 1988. The order implements numerous changes to the Tariff nomenclature as part of New Zealand’s obligations as a signatory to the International Convention on the Harmonised Commodity Description and Coding System 1983 (as amended in 2007).

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

United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006:

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). These regulations give effect to resolution 1718 (2006) of the Security Council, which call for the imposition of sanctions in respect of the Democratic People’s Republic of Korea.

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). These regulations give effect to resolution 1737 (2006) of the Security Council, which calls for the imposition of sanctions in respect of Iran.

Part 11 of the Land Transport Act 1998 provides for the making of rules with respect to various aspects of land transport. Many of these rules incorporate international standards or implement international obligations. The following such rules were made during the current interval:

The rule is based, in part, on the following international and overseas standards: Council Directive of 26 July 1971 on the approximation of the laws of the member States relating to the braking devices of certain categories of motor vehicles and of their trailers (71/320/EEC); UN/ECE Regulation No. 13: Uniform provisions concerning the approval of vehicles of categories M, N and O with regard to braking (E/ECE324-E/ECE/TRANS/ 505/Rev.1/Add.12); Federal Motor Vehicle Safety Standard No. 105: Hydraulic and electric brake systems; Federal Motor Vehicle Safety Standard No. 121: Air brake systems; Australian Design Rule 35, Commercial Vehicle Brake Systems; Technical Standard for Brake Systems of Trucks and Buses (Japan); Technical Standard for Anti-Lock Brake System (Japan); Technical Standard for Brake Systems for Trailers (Japan); SAE J844: Nonmetallic Air Brake System Tubing; SAE J1394: Metric Nonmetallic Air Brake System Tubing; SAE J1402: Automotive Air Brake Hose and Hose Assemblies; SAE J1403: Vacuum Brake Hose (supersedes SAE 40 R3); British Standard AU 110: 1965, Specification for rubber hoses and hose assemblies for automotive air pressure brakes systems (withdrawn, revised); British Standard AU 109: 1965, Specification for vacuum brake hose (heavy duty) of oil-resistant rubber (withdrawn); Japan Industrial Standard D2606-80: Rubber hose for automotive air brake system; DIN 74324-1: 1996, Air braking systems and Thermoplastic tubing and Requirements and tests; DIN 73378: 1996, Polyamide tubing for motor vehicles; and Federal Motor Vehicle Safety Standard No. 106: Brake hoses. The rule also states that consistency has been ensured with the Trans-Tasman Mutual Recognition Agreement (1996) and New Zealand’s international obligations relating to vehicle safety under the following United Nations agreements: the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment, and Parts which can be Fitted and/or be used on Wheeled Vehicles and Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions (1958) and the Agreement Concerning the Establishment of Global Technical Regulations for Wheeled Vehicles, Equipment, and Parts which can be Fitted and/or be used on Wheeled Vehicles (1998). New Zealand acceded to the UN agreements in 2002.

The rule states that the Land Transport Act 1998 requires that Rules not be inconsistent with New Zealand’s international obligations concerning land transport safety, and that international circumstances in respect of land transport safety be taken into account in making a Rule. Accordingly, in developing the rule, consideration was given to safety requirements in safety-conscious jurisdictions, with the aim of giving New Zealand road users the benefit of overseas research into driver fatigue, including the results of extensive trials of fatigue management schemes in Queensland and elsewhere in Australia.

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

Marine Protection Rules: Parts 120—Discharge of Oil, 121A—Ship Design and Construction–Oil Tankers, 123A—Documents–Oil, 132—Dispersants and Demulsifiers, and 170—Prevention of Pollution by Garbage from Ships and Offshore Installations (Amendment Rules 2006)

The amendments to Parts 120, 121A, 123A, 132, and 170 of the marine protection rules bring those Parts in line with amendments to the International Convention for Prevention of Pollution from Ships (1973, 1978) that have been made since the rules came into force.

Marine Protection Rules: Part 200—Offshore Installations—Discharges (2006)

The objective of Part 200 is to provide rules for offshore installations to prevent pollution of the marine environment by substances used or produced in offshore mineral exploration and exploitation. Part 200 is concerned with discharges of oil, other harmful substances and garbage. Part 200 gives effect to the provisions of the International Convention for the Prevention of Pollution from Ships (1973, 1978) and the International Convention on Oil Pollution Preparedness, Response and Cooperation (1990).

Section 36(1)(b) of the Maritime Transport Act 1994 provides for the making of rules for the purposes of the implementation of technical standards, codes of practice, performance standards and other requirements of certain conventions. Section 36(1)(u) of the Act provides for the making of rules for prescribing or providing for such matters as may be necessary to enable New Zealand to become a party to any international convention, protocol or agreement relating to maritime transport, or to implement such international practices or standards relating to maritime transport as may, from time to time, be recommended by the International Maritime Organisation. The following maritime rules were amended during the current interval:

The objective of the Part 22 Amendment Rules 2006 is to give effect to recent amendments to the International Regulations for Preventing Collisions at Sea (1972) as adopted by the International Maritime Organisation through Assembly Resolution A.910(22).

The objective of the Part 47 Amendment Rules 2007 is to amend section 1 of Part 47 to require that New Zealand ships and foreign ships in New Zealand of 24 metres or more comply directly with the provisions of the International Convention on Load Lines (1966), as supplemented.

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

This Part sets out the reported and unreported judicial decisions rendered during the current interval that concern New Zealand’s international obligations. It divides the reported cases into those cases reported in the New Zealand Law Reports (NZLR) series in which international obligations were determinative, those cases reported in the NZLR series in which international obligations were cited but not determinative, and those cases reported in other series. It also identifies the international agreements that were referenced and sets out the distribution of these references among the various courts.

A. Reported Cases

1. NZLR Cases in which International Obligations Were Determinative

B v Secretary for Justice [2007] NZCA 210; [2007] 3 NZLR 447 (Court of Appeal, William Young P, Arnold, and Wilson JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980):

A New Zealand mother gave birth to a child in New Zealand that had been conceived in Spain with an English father. The mother returned to Spain with the child to live with the father for a little over a year. The mother came back to New Zealand with the child for a visit, then decided to stay, ending her relationship with the father. The father applied for the return of the child. The Family Court dismissed the application on the grounds that it did not have jurisdiction. The High Court reversed this decision. The Family Court then dismissed the application on the grounds that the father had acquiesced in the child’s retention in New Zealand. The High Court disagreed, and ordered the return of the child to Spain. The Court of Appeal upheld the High Court’s decision, rejecting the mother’s argument that removing the child would be contrary to the policy of the Hague Convention on the Civil Aspects of International Child Abduction (1980) because the child had, owing to the lengthy litigation, become well-established in New Zealand. The Court of Appeal held that it would be inconsistent with the policy of the Convention to hold that the ordinary consequences of inevitable delays in the litigation process gives rise to the ‘intolerable situation’ defence in section 106(1)(c)(ii) of the Care of Children Act 2004.

Secretary for Justice (New Zealand Central Authority) v HJ [2007] 2 NZLR 289 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980):

A New Zealand mother removed her children from Australia and their Australian father sought their return. The Family Court ruled the removal was wrongful because the father had joint rights of custody under Australian law at the time of the removal and ordered the return of the children on the basis that failing to do so would undermine the Hague Convention on the Civil Aspects of International Child Abduction (1980) as it would allow the mother to benefit from a wrong. The High Court agreed with the decision but the Court of Appeal reversed it on the grounds that the mother’s actions were of limited moral gravity. The Supreme Court upheld the Court of Appeal’s decision. It reasoned that it was not a convincing proposition that it was necessary for Convention reasons to unsettle children again simply on the basis of a concern that their non-return might constitute general encouragement of wrongful removal (in this case the potential harm to the Convention was outweighed by the potential harm to the children). The Convention does not support a presumption that the children must be returned if wrongdoing has occurred, particularly if their return would not be in their best interests.

Birkenfeld v Yachting New Zealand Inc [2007] 1 NZLR 596 (Court of Appeal, Hammond, O’Regan, and Ellen France JJ), civil procedure case that cites the Convention on Limitation of Liability for Maritime Claims (1976) and the International Convention on Tonnage Measurement of Ships (1969):

The Court of Appeal upheld the High Court’s decision to allow Yachting New Zealand to limit its liability under section 85 of the Maritime Transport Act 1994 with respect to a collision between a boat it owned and a windsurfing board ridden by the appellant. The appellant argued that the limitation provision did not apply because the Convention on Limitation of Liability for Maritime Claims (1976), which the Maritime Transport Act 1994 implements, is inapplicable to boats under 300 tonnes. The Court of Appeal ruled that while the Convention provides New Zealand with an opportunity to exclude boats under 300 tonnes from the scope of the Convention, the relevant legislation does not indicate that New Zealand has chosen to do so.^[17]

2. NZLR Cases in which International Obligations Were Cited but Not Determinative

Burgess v Field [2007] NZHC 1944; [2007] 3 NZLR 832 (High Court Auckland, Randerson J), criminal case that cites the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997) and the United Nations Convention Against Corruption (2003).

R v Williams [2007] NZCA 52; [2007] 3 NZLR 207 (Court of Appeal, William Young P, Glazebrook, and Hammond JJ), evidence case that cites the International Covenant on Civil and Political Rights (1966).

Brooker v Police [2007] NZSC 30; [2007] 3 NZLR 91 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Thomas JJ), criminal case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[18] the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990), the International Covenant on Civil and Political Rights (1966), the United Nations Convention on the Rights of the Child (1989) and the Universal Declaration of Human Rights (1948).

KeyBank National Association v The Ship "Blaze" [2007] NZHC 27; [2007] 2 NZLR 271 (High Court Auckland, Baragwanath J), admiralty case that cites the International Convention on Tonnage Measurement of Ships (1969).

R v Hansen [2007] 3 NZLR 1 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), criminal case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[19] the International Covenant on Civil and Political Rights (1966), the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the United Nations Single Convention on Narcotic Drugs (1961) and the Universal Declaration of Human Rights (1948).

R v Wanhalla [2006] NZCA 229; [2007] 2 NZLR 573 (Court of Appeal, William Young P, Glazebrook, Hammond, Chambers, and Robertson JJ), criminal procedure case that cites the Rome Statute of the International Criminal Court (1998).

Young v Police [2007] 2 NZLR 382 (High Court Christchurch, Randerson J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966).

Lai v Chamberlains [2006] NZSC 70; [2007] 2 NZLR 7 (Supreme Court, Elias CJ, Gault, Keith, Tipping, and Thomas JJ), barristerial immunity case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[20] the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Convention on Jurisdictional Immunities of States and their Property (2004) and the Vienna Convention on Diplomatic Relations (1961).

Belcher v Chief Executive of the Department of Corrections [2006] NZCA 262; [2007] 1 NZLR 507 (Court of Appeal, William Young P, Hammond, Chambers, O’Regan, and Robertson JJ), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[21] and the International Covenant on Civil and Political Rights (1966).

R v Condon [2006] NZSC 62; [2007] 1 NZLR 300 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[22]

3. Cases Reported in Other Series that Reference International Obligations

F v F (2007) 26 Family Reports of New Zealand 370 (Family Court Napier, Judge Callinicos), custody case that cites the United Nations Convention on the Rights of the Child (1989).

A v Secretary for Justice (as New Zealand Central Authority on behalf of N) (Andrews v Secretary for Justice) [2007] New Zealand Family Law Reports 891 (Court of Appeal, William Young P, Chambers, and Arnold JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

T v Regional Intellectual Care Agency [2007] New Zealand Administrative Reports 643 (Court of Appeal, William Young P, Baragwanath, and Heath JJ), habeas corpus case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[23]

S v S [2007] New Zealand Family Law Reports 939 (Family Court Tauranga, Judge Somerville), maintenance case that cites the United Nations Convention for the Recovery Abroad of Maintenance (1956).

Adoption application by C [2007] New Zealand Family Law Reports 851 (Family Court Rotorua, Judge Hikaka), custody case that cites the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993), the Hague Convention on the Civil Aspects of International Child Abduction (1980) and the United Nations Convention on the Rights of the Child (1989).

Bujak v Republic of Poland [2007] New Zealand Administrative Reports 513 (High Court Christchurch, Panckhurst J), criminal case that cites the Extradition Treaty between the United Kingdom and Poland (1932).

Fang & Ors v Jiang & Ors [2007] New Zealand Administrative Reports 420 (High Court Auckland, Randerson J), administrative law case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[24] the International Covenant on Civil and Political Rights (1966), the United Nations Convention on Jurisdictional Immunities of States and their Property (2004), the Universal Declaration of Human Rights (1948) and the Vienna Convention on the Law of Treaties (1969).

Yash v Legal Aid Review Panel (2006) 18 Procedure Reports of New Zealand 320 (High Court Wellington, MacKenzie J), legal aid case that cites the International Covenant on Civil and Political Rights (1966).

McAlister v Air New Zealand Ltd (2007) 8 New Zealand Employment Law Cases 98, 591, (2006) 4 New Zealand Employment Law Reports 78, [2006] 1 Employment Reports of New Zealand 979 (Employment Court Auckland, Judge Shaw), employment case that cites the International Covenant on Economic, Social and Cultural Rights (1966).

S v A (Smith v Adam) [2007] New Zealand Family Law Reports 447 (Court of Appeal, Glazebrook, Robertson, and Ellen France JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Reid v AFFCO New Zealand Ltd (2007) 8 New Zealand Employment Law Cases 98, 583 (Employment Relations Authority Auckland, Judge Oldfield), employment case that cites the International Labour Organisation Convention 87 (1948): Freedom of Association and Protection of the Right to Organise and the International Labour Organisation Convention 98 (1949): Right to Organise and Collective Bargaining.

B v G (Basingstoke v Groot) [2007] New Zealand Family Law Reports 363 (Court of Appeal, Glazebrook, O’Regan, and Ellen France JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Estate of Priddle & Ors v Accident Compensation Corporation (ACC) (2007) 8 New Zealand Employment Law Cases 98, 558 (Court of Appeal, Glazebrook, Gendall, and Venning JJ), statutory interpretation case that cites the International Labour Organisation Convention 42 (1934): Workmen’s Compensation (Occupational Diseases).

National Distribution Union v Spotless Services Ltd (2007) 8 New Zealand Employment Law Cases 98, 523 (Employment Relations Authority Auckland, Judge Raureti), employment case that cites the International Labour Organisation Convention 87 (1948): Freedom of Association and Protection of the Right to Organise and the International Labour Organisation Convention 98 (1949): Right to Organise and Collective Bargaining.

Qiong & Ors v Minister of Immigration & Anor [2007] New Zealand Administrative Reports 163 (High Court Auckland, Asher J), immigration case that cites the International Covenant on Civil and Political Rights (1966).

Wilfred v Chief Executive of the Department of Labour [2007] New Zealand Administrative Reports 237 (High Court Wellington, Gendall J), immigration case that cites the International Covenant on Civil and Political Rights (1966) and the Universal Declaration of Human Rights (1948).

W v N (White v Northumberland) [2006] New Zealand Family Law Reports 1105, (2006) 26 Family Reports of New Zealand 189 (Court of Appeal, Glazebrook, Chambers, and O’Regan JJ), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Adoption application by B [2007] New Zealand Family Law Reports 399 (Family Court Manukau, Judge Twaddle), custody case that cites the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993).

Attorney-General v Youth Court at Manukau & Ors [2007] New Zealand Family Law Reports 103, [2007] District Court Reports 243 (High Court Auckland, Winkelmann J), criminal procedure case that cites the United Nations Convention on the Rights of the Child (1989).

Ding & Ors v Minister of Immigration (2006) 25 Family Reports of New Zealand 568 (High Court, Baragwanath J), immigration case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950),^[25] the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966) and the United Nations Convention on the Rights of the Child (1989).

Epic Packaging Ltd v New Zealand Amalgamated Engineering, Printing & Manufacturing Union Inc (2006) 7 New Zealand Employment Law Cases 98, 314, (2006) 3 New Zealand Employment Law Reports 480, [2006] 1 Employment Reports of New Zealand 617 (Employment Court Auckland, Chief Judge Colgan and Shaw and Couch JJ), employment case that cites the International Covenant on Civil and Political Rights (1966), the International Labour Organisation Convention 87 (1948): Freedom of Association and Protection of the Right to Organise and the International Labour Organisation Convention 98 (1949): Right to Organise and Collective Bargaining.

X v Refugee Status Appeals Authority & Anor [2006] New Zealand Administrative Reports 533 (High Court Auckland, Baragwanath J), immigration case that cites the International Covenant on Civil and Political Rights (1966), the United Nations Convention relating to the Status of Refugees (1951) and the Universal Declaration of Human Rights (1948).

B. Unreported Cases

Birkenfeld v Yachting New Zealand Inc (Court of Appeal, CA 263-07, 27 July 2007, O’Regan, Ellen France, and Wilson JJ), civil procedure case that cites the Convention on Limitation of Liability for Maritime Claims (1976).

T & Anor v Attorney-General sued for and on behalf of the Department of Corrections (High Court Auckland, CIV-2007-404-002447, 20 June 2007, Venning J), administrative law case that cites the United Nations Convention on the Rights of the Child (1989).

Smith v Attorney-General (High Court Wellington, CIV-2005-485-001785, 1 June 2007, Clifford J), administrative law case that cites the International Covenant on Civil and Political Rights (1966).

Bel & Anor v Chief Executive of the Department of Labour (High Court Wellington, CIV-2006-485-000865, 29 May 2007, Ronald Young J), immigration case that cites the International Covenant on Civil and Political Rights (1966) and the United Nations Convention on the Rights of the Child (1989).

Harding v Minister of Immigration (High Court Hamilton, CIV-2007-419-000671, 17 May 2007, Andrews J), administrative law case that cites the International Covenant on Civil and Political Rights (1966).

Meridian Energy Ltd & Ors v Wellington City Council & Anor (Environment Court Wellington, W 31-07, 14 May 2007, Judges Kenderdine, Thompson, Howie, and McConachy), resource management case that cites the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).

Nguyen v Chief Executive of the Department of Labour (High Court Wellington, CIV-2006-485-002255, 9 May 2007, Miller J), immigration case that cites the International Covenant on Civil and Political Rights (1966).

S v Chief Executive of the Department of Labour & Anor (Court of Appeal, CA 18-06, 8 May 2007, Hammond, Ellen France, and Wilson JJ), immigration case that cites the United Nations Convention relating to the Status of Refugees (1951).

Muller v United States of America (High Court Auckland, CIV-2006-404-007667, 8 May 2007, Venning J), civil procedure case that cites the Extradition Treaty between the United States and New Zealand (1970).

Belcher v Chief Executive of the Department of Corrections (Court of Appeal, CA 184-05, 3 May 2007, William Young P, Hammond, Chambers, O’Regan, and Robertson JJ), constitutional law case that cites the International Covenant on Civil and Political Rights (1966).

Al-Hosan v Deportation Review Tribunal & Anor (High Court Auckland, CIV-2006-404-003923, 3 May 2007, Harrison J), administrative law case that cites the International Covenant on Civil and Political Rights (1966) and the United Nations Convention on the Rights of the Child (1989).

P v P (District Court Auckland, FAM-2000-004-001399, 26 April 2007, Judge Burns), custody case that cites the United Nations Convention on the Rights of the Child (1989).

Hassan v Department of Labour (Immigration) (High Court Wellington, CRI-2006-485-000101, 4 April 2007, Mallon J), criminal law case that cites the United Nations Convention relating to the Status of Refugees (1951).

Bujak v Republic of Poland (High Court Christchurch, CRI-2005-009-001703, 29 March 2007, Panckhurst J), criminal procedure case that cites the Extradition Treaty between the United Kingdom and Poland (1932).

A Ltd & Ors v Director of the Serious Fraud Office & Anor (High Court Auckland, CIV-2005-404-006833, 28 March 2007, Baragwanath J), administrative law case that cites the Vienna Convention on the Law of Treaties (1969).

Martin v Police (High Court Wellington, CRI-2006-485-000163, 19 March 2007, Gendall J), sentencing case that cites the United Nations Convention on the Rights of the Child (1989).

A v Secretary for Justice (as the New Zealand Central Authority on behalf of N) (High Court Christchurch, CIV-2006-409-002482, 16 March 2007, Panckhurst J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Z v Attorney-General (High Court Auckland, CIV-2007-404-000330, 14 March 2007, Andrews J), immigration case that cites the United Nations Convention relating to the Status of Refugees (1951).

Muller v United States of America (High Court Auckland, CIV-2006-404-007667, 9 March 2007, Venning J), habeas corpus case that cites the Extradition Treaty between the United States and New Zealand (1970).

Secretary for Justice v B (High Court Christchurch, CIV-2006-409-002578, 9 March 2007, Panckhurst J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

Manawatu v R (Supreme Court, SC 92-2006, 8 March 2007, Elias CJ and McGrath and Anderson JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Muller v United States of America (USA) (High Court Auckland, CIV-2006-404-007667, 23 February 2007, Venning J), criminal case that cites the Extradition Treaty between the United States and New Zealand (1970).

Radford v Hallenstein Bros Ltd (High Court Auckland, CIV-2006-404-004881, 22 February 2007, Keane J), intellectual property case that cites the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) and the Berne Convention for the Protection of Literary and Artistic Works (1971).

Firmin v Attorney-General (High Court Christchurch, CIV-2007-409-001429, 15 February 2007, Chisholm J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966).

Solicitor-General v Alice, Miss [previously Robert Alexander Moodie] (High Court Wellington, CIV-2005-485-001026, 14 February 2007, John Hansen, Baragwanath, and Potter JJ), civil procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[26]

Mullarkey v Accident Compensation Corporation (ACC) (District Court Auckland, Decision No 24-2007, AI 286-06, 9 February 2007), accident compensation case that cites the Universal Declaration of Human Rights (1948).

R v Te Huia (Court of Appeal, CA 327-06, 21 December 2006, Arnold, Baragwanath, and Ronald Young JJ), sentencing case that cites the International Covenant on Civil and Political Rights (1966).

Andrews & Anor v Television New Zealand Ltd (TVNZ) (High Court Auckland, CIV-2004-404-003536, Allan J), tort case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[27]

Coates v Bowden (High Court Auckland, CIV-2006-404-007028, 12 December 2006, Priestley J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v Zanzoul (Court of Appeal, CA 297-06, 6 December 2006, O’Regan, Potter, and Miller JJ), summary proceedings case that cites the United Nations Convention Relating to the Status of Refugees (1951).

Menzies v R (Supreme Court, SC 80-2006, Tipping, McGrath, and Anderson JJ, 28 November 2006), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Wakim v Ya’alon (District Court Auckland, CIV-2006-004, 27 November 2006, Judge Deobhakta), international law case that cites the Convention relative to the Protection of Civilian Persons in Time of War (1949)^[28] and the Rome Statute of the International Criminal Court (1998).^[29]

R v Manawatu (Court of Appeal, CA 111-05, CA 112-05, 10 November 2006, Hammond, Chambers, O’Regan, Robertson, and Ellen France JJ), sentencing case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[30] and the International Covenant on Civil and Political Rights (1966).

P v Commissioner of Police (High Court Auckland, CIV-2006-404-006493, 26 October 2006, Allan J), habeas corpus case that cites the United Nations Convention on the Rights of the Child (1989).

J v Director of Proceedings (High Court Auckland, CIV-2006-404-002188, 17 October 2006, Baragwanath J), health practitioners case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950).^[31]

W & Anor (minors) v W & Anor (High Court Dunedin, CIV-2006-412-000720, 16 October 2006, Chisholm J), civil procedure case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980).

R v MacLeod (High Court Auckland, CRI-2005-404-002389, 6 October 2006, Williams J), evidence case that cites the Vienna Convention on Consular Relations (1963).

P v Police (High Court Auckland, CRI-2006-404-000203, 29 September 2006, Baragwanath J), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966).

Kesonsung & Anor v Minister of Immigration (High Court Auckland, CIV-2006-404-001597, 22 September 2006, Allan J), immigration case that cites the United Nations Convention on the Rights of the Child (1989).

Taylor & Anor v Chief Executive of the Department of Corrections & Anor (High Court Wellington, CIV-2006-485-000897, 11 September 2006, Clifford J), administrative law case that cites the International Covenant on Civil and Political Rights (1966).

Republic of Poland v Bujak (District Court Christchurch, CRI-2005-009-001703, 15 August 2006, Judge Erber), criminal case that cites the Extradition Treaty between the United Kingdom and Poland (1934).

C v R (High Court Rotorua, CIV-2006-470-000027, 7 August 2006, Keane J), custody case that cites the United Nations Convention on the Rights of the Child (1989).

Qiong & Ors v Minister of Immigration & Anor (High Court Auckland, CIV-2005-404-005202, 18 July 2006, Asher J), immigration case that cites the United Nations Convention on the Rights of the Child 1989.^[32]

Radford v Hallenstein Bros Ltd (District Court Auckland, CIV-2005-004-003008, 17 July 2006, Judge Hubble), intellectual property case that cites the Berne Convention for the Protection of Literary and Artistic Works (1971).

Papalii v Minister of Immigration (High Court Auckland, CIV-2006-404-003888, 13 July 2006, Lang J), immigration case that cites the International Covenant on Civil and Political Rights (1966) and the United Nations Convention on the Rights of the Child (1989).

Imstepf-Polachowski v Imstepf (District Court Tauranga, FAM-2003-070-000660, 6 July 2006, Judge Somerville), maintenance case that cites the United Nations Convention for the Recovery Abroad of Maintenance (1956).

C. Distribution of References to International Agreements among Various Courts, NZLR Cases, Other Reported Cases and Unreported Cases^[33]

International obligations	NZLR	Other	Unrep	All	Total
International Covenant on Civil and Political Rights (1966)	SC: 2 CA: 2 HC: 1	HC: 6 EC: 1	SC: 2 CA: 3 HC: 9	SC: 4 CA: 5 HC: 16 EC: 1	26
Convention on the Rights of the Child (1989)	SC: 1	HC: 2 FC: 2	HC: 9 DC: 1	SC: 1 HC: 11 DC: 1 FC: 2	15
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[34]	SC: 4 CA: 1	CA: 1 HC: 2	CA: 1 HC: 3	SC: 4 CA: 3 HC: 5	12
Hague Convention on the Civil Aspects of International Child Abduction (1980)	SC: 1 CA: 1	CA: 4 FC: 1	HC: 4	SC: 1 CA: 5 HC: 4 FC: 1	11
Universal Declaration of Human Rights (1948)	SC: 2	HC: 3	DC: 1	SC: 2 HC: 3 DC: 1	6
Convention relating to the Status of Refugees (1951)		HC: 1	CA: 2 HC: 2	CA: 2 HC: 3	5
International Labour Organisation Convention 87 (1948): Freedom of Association and Protection of the Right to Organise		EC: 1 ERA: 2		EC: 1 ERA: 2	3
International Labour Organisation Convention 98 (1949): Right to Organise and Collective Bargaining		EC: 1 ERA: 2		EC: 1 ERA: 2	3
Extradition Treaty between the United States and New Zealand (1970)			HC: 3	HC: 3	3
Extradition Treaty between the United Kingdom and Poland (1932)		HC: 1	HC: 1	HC: 2	2
International Covenant on Economic, Social and Cultural Rights (1966)		HC: 1 EC: 1		HC: 1 EC: 1	2
Vienna Convention on the Law of Treaties (1969)		HC: 1	HC: 1	HC: 2	2
Rome Statute of the International Criminal Court (1998)	CA: 1		DC: 1	CA: 1 DC: 1	2
Convention on Limitation of Liability for Maritime Claims (1976)	CA: 1		CA: 1	CA: 2	2
United Nations Convention for the Recovery Abroad of Maintenance (1956)		FC: 1	DC: 1	DC: 1 FC: 1	2
Hague C’ on Protection of Children and Co-operation in re Intercountry Adoption (1993)		FC: 2		FC: 2	2
Berne Convention for the Protection of Literary and Artistic Works (1971)			HC: 1 DC: 1	HC: 1 DC: 1	2
United Nations Convention on Jurisdictional Immunities of States and their Property (2004)	SC: 1	HC: 1		SC: 1 HC: 1	2
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)	SC: 1			SC: 1	1
United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)	SC: 1			SC: 1	1
United Nations Single Convention on Narcotic Drugs (1961)	SC: 1			SC: 1	1
International Convention on Tonnage Measurement of Ships (1969)	CA: 1			CA: 1	1
OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997)	HC: 1			HC: 1	1
United Nations Convention Against Corruption (2003)	HC: 1			HC: 1	1
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990)	SC: 1			SC: 1	1
International Convention on Tonnage Measurement of Ships (1969)	HC: 1			HC: 1	1
Vienna Convention on Consular Relations (1963)			HC: 1	HC: 1	1
Vienna Convention on Diplomatic Relations (1961)	SC: 1			SC: 1	1
International Labour Organisation Convention 42 (1934): Workmen’s Compensation (Occupational Diseases)		CA: 1		CA: 1	1
United Nations Framework Convention on Climate Change (1992)			EvC: 1	EvC: 1	1
Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)			EvC: 1	EvC: 1	1
Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)			HC: 1	HC: 1	1
Convention relative to the Protection of Civilian Persons in Time of War (1949)^[35]			DC: 1	DC: 1	1
Subtotals	SC: 16 CA: 7 HC: 4	CA: 6 HC: 18 FC: 6 EC: 4 ERA: 4	SC: 2 CA: 7 HC: 35 DC: 6 EvC: 2
Grand Totals	27	38	52	117	117

V. Update of Master List of Implementing Acts

This Part updates the master list of implementing Acts set out in Part V of ‘In Search of International Standards and Obligations relevant to New Zealand Acts’ (2007) 4 NZYIL 366-393:

Add Berne Convention for the Protection of Literary and Artistic Works (1896 as amended 1971)

Add ‘^#’ to the end of the item Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984).

Add Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (2002)^#.

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

Add the following item: Convention on Limitation of Liability for Maritime Claims (1976)

^[*]The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed herein are the author’s own and may not be attributed to the Parliamentary Counsel Office or the Attorney-General. The superb cite-checking and proof-reading of Alan Witham is gratefully acknowledged.

^[6] For a discussion of New Zealand’s periodic reporting obligations to the United Nations, see Mark Gobbi, ‘Treaty Action and Implementation’ (2004) New Zealand Yearbook of International Law 223 at 226-227. However, the Ministry of Foreign Affairs and Trade had occasion to formally present New Zealand’s 15^th, 16^th and 17^th consolidated report under the Convention on the Elimination of All Forms of Racial Discrimination on 31 July 2007. See NZ Ministry of Foreign Affairs and Trade, ‘New Zealand presentation to the Committee on Elimination of Racial Discrimination’, online: <http://www.mfat.govt.nz/

Foreign-Relations/1-Global-Issues/Human-Rights/0-cerdjuly07.php> at 30 January 2008. New Zealand submitted the written report to the United Nations during the last interval. See Gobbi, above n 4, 317.

^[7] For a list of government agencies responsible for preparing periodic reports for these treaties, see Gobbi, above n 6, 315 fn 15.

^[11] New Zealand Ministry of Foreign Affairs and Trade, Annual Report 2006/07, A.1 (2006) 28-31.

^[12] Government Response to Report of the Health Committee on International Treaty Examination of the International Health Regulations 2005, Appendix to the Journal of the House of Representatives, J1 (2007).

^[14] The Acts listed under this heading supplement the list of Acts known to have implications for New Zealand’s international obligations set out in Part V of Mark Gobbi, ‘In Search of International Standards and Obligations relevant to New Zealand Acts’ [2007] NZYbkIntLaw 19; (2007) 4 New Zealand Yearbook of International Law 349, 366-393.

^[15] The repeal does not affect New Zealand’s international obligations under ILO Convention 122 (1964): Employment Policy or the International Covenant on Economic, Social and Cultural Rights (1966). Both agreements are implemented by other legislation. The following Acts implement ILO Convention 122 (1964): the Education Act 1989, the Employment Relations Act 2000, the Equal Pay Act 1972, the Government Service Equal Pay Act 1960, the Human Rights Act 1993, and the Social Security Act 1964. The following Acts implement the Covenant: the Adoption Act 1955, the Adult Adopton Information Act 1985, the Care of Children Act 2004, the Disabled Persons Community Welfare Act 1975, the Family Proceedings Act 1980, the Family Protection Act 1955, the Human Rights Act 1993, the Maori Education Foundation (Abolition) Act 1993, the Maori Fisheries Act 2004, the Maori Land Act 1993 (Te Ture Whenua Maori Act 1993), the Maori Language Act 1987, the Marriage Act 1955, the Pacific Islands Polynesian Education Foundation Act 1972 and the Status of Children Act 1969.

^[16] This list of regulations does not include commencement orders for Acts that implement international obligations, for example: Civil Aviation Amendment Act 2004 Commencement Order 2007 (brings sections 4(1), 6, 7(1) and (2), 8, 9, 10(1), 11, 13, 14(1) to (4) and (6) to (8), 16, 17, 19, 20, 29(2), 32, 33(1), 41(1) and Part 1 of Schedule 1 of the Civil Aviation Amendment Act 2004 into force, which relate principally to Australia New Zealand mutual recognition agreements); and the Protected Objects Amendment Act 2006 Commencement Order 2007 (brings into force section 14 of the Protected Objects Amendment Act 2006, which inserts new sections 10A to 10F into the Protected Objects Act 1975, which implement New Zealand’s international obligations under the UNESCO Convention on the Means of Prohibiting and Preventing Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995).

^[17] The Supreme Court denied leave to appeal to the Supreme Court. See Birkenfeld v Yachting New Zealand Inc [2007] 1 NZLR 596, 605.

^[29] See also Wakim v Ya’alon (District Court Auckland, CIV-2006-004, 29 November 2006, Judge Deobhakta), which dealt with name suppression.

^[32] See also Qiong & Ors v Minister of Immigration (High Court Auckland, CIV-2005-404-005202, 24 July 2006, Asher J), which dealt with related civil procedure issues.

^[33] Key: SC = Supreme Court, CA = Court of Appeal, HC = High Court, FC = Family Court, EvC = Environment Court, EC = Employment Court, ERA = Employment Relations Authority.

New Zealand Yearbook of International Law