Gobbi, Mark --- "Treaty Action and Implementation" [2010] NZYbkIntLaw 17; (2010) 8 New Zealand Yearbook of International Law 283

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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,2 has increased for the parliamentary, executive, and judicial branches of government. This overview summarises that activity and compares it with the activity undertaken during the previous interval.

During the current interval, Parliament enacted 39 bills with implications for New Zealand’s international obligations. Twenty-six simply amended Acts that had implemented treaties, six improved compliance with treaties that had already been implemented and seven implemented six new agreements. Thirty-seven of these Acts involved multilateral agreements, one involved a bilateral agreement, and one involved a set of recommendations.

In terms of Acts, this level of activity is more than the previous interval. During the previous interval, Parliament enacted 37 bills with implications for New Zealand’s international obligations. Twenty simply amended Acts that had implemented treaties, 10 improved compliance with treaties that had already been implemented and seven implemented eight new agreements. Forty-six of these Acts involved multilateral agreements and three involved an international code of conduct.3

During the current interval the House of Representatives considered 24 select committee reports on treaties (31 agreements in all). Sixteen of these reports gave a positive pro forma response to the treaty examined (that is, “no matters to bring to the attention of the House”). Public submissions did not feature in these reports. Eight reports brought matters to the attention of the House. Public submissions featured in three of these reports, and none 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 agreements examined, this level of activity is also greater than during the previous interval (14 more agreements). During the previous interval, the House of Representatives considered 13 select committee reports on treaties (17 agreements in all). Nine of these reports gave a positive pro forma response to the treaty examined. Public submissions did not feature in these reports. Four reports brought matters to the attention of the House. Public submissions featured in two of these reports, and none warranted a Government response.4

During the current interval, the Executive made 57 regulations relevant to New Zealand’s international obligations. Sixteen of these regulations implemented bilateral agreements, while the remaining 41 implemented multilateral agreements (although many of these dealt with the requirements of the same multilateral agreement). Sixteen implemented bilateral tax agreements, 14 dealt with environmental agreements, nine dealt with trade, eight dealt with civil aviation, five implemented diplomacy obligations, three implemented United Nations Security Council resolutions, and two concerned the incorporation of foreign national standards.

This level of activity is greater than during the previous interval. During the previous interval, the Executive made 43 regulations that implemented New Zealand’s international obligations. Six of these regulations implemented bilateral agreements, while the remaining 37 implemented multilateral agreements (although most of these dealt with the requirements of the same multilateral agreement). Fifteen dealt with civil aviation, 13 implemented United Nations Security Council resolutions, nine dealt with environmental agreements, two concerned the incorporation of foreign national standards, two implemented bilateral tax agreements, one dealt with a mutual recognition agreement with Australia, and one dealt with trade.5

During the current interval, the Executive was involved in 69 treaty actions with respect to eight multilateral agreements and 48 bilateral agreements. Of the eight multilateral agreements, the Executive signed two and adhered to six. Four came into force.. Of the 48 bilateral agreements, the Executive signed 39 and adhered to 10. Eight came into force.

This level of activity is greater than the level of activity that took place during the previous interval. During the previous interval, the Executive was involved in 54 treaty actions with respect to four multilateral agreements and 28 bilateral agreements. Of the four multilateral agreements, the Executive signed one and adhered to two. Two came into force. Of the 28 bilateral agreements, the Executive signed 18 and adhered to 14. Sixteen came into force.6

New Zealand is required to provide periodic reports to the United Nations regarding its compliance with the following human rights treaties:7 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 (1966), 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), the Convention on the Rights of the Child (1989) and the Convention on the Rights of Persons with Disabilities (2006).8

During the current interval, the Executive submitted New Zealand’s National Human Rights Report to the United Nations Human Rights Council under the United Nations’ new universal periodic review process.9 The Executive also submitted New Zealand’s seventh periodic report under the Convention on the Elimination of Discrimination against Women (1979) to the Committee on the Elimination of All Forms of Discrimination against Women.10 In addition, the United Nations Human Rights Committee considered New Zealand’s fifth periodic report under the International Covenant on Civil and Political Rights.11 The United Nations Committee Against Torture published its concluding observations regarding New Zealand’s fifth periodic report under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.12 This level of activity is the same as the level of activity that took place during the previous interval. During the previous interval, the Executive also submitted two periodic reports to the United Nations.13

During the current interval, the judiciary delivered 103 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 four, the Court of Appeal delivered six, and the High Court delivered three. Twenty-nine were reported in other series; the Supreme Court delivered four, the Court of Appeal delivered eight, the High Court delivered four, the Family Court delivered 12, and the Refugee Status Appeals Authority delivered one. Sixty-one were unreported; the Supreme Court delivered one, the Court of Appeal delivered one, the High Court delivered 21, the District Court delivered three, the Family Court delivered 33, the Environment Court delivered one and the Sports Tribunal delivered one.

Of these 103 judgments, 49 dealt with custody matters, nine with immigration, nine with civil procedure, eight with extradition, six with criminal procedure, five with maintenance, five with contracts, two with accident compensation, two with crimes, two with evidence, and two with environment matters. One dealt with taxation, one with torts, one with social security and one with sports doping.

These 103 judgments referred to 26 different international instruments (one of which does not have New Zealand as a party), of which three are bilateral agreements, 19 are multilateral agreements, one is a model law, one is a set of rules, one is a code, and two are standards. In total, these judgments have 127 references. In these cases, the most frequently cited international agreements are the Convention on the Rights of the Child (1989) (29 references), the Convention on the Civil Aspects of International Child Abduction (1980) (22 references), the International Covenant on Civil and Political Rights (1966) (16 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (10 references),14 the Convention relating to the Status of Refugees (1951) (eight references), the extradition treaty between New Zealand and Poland (1932) (eight references), the Universal Declaration of Human Rights (1948) (5 references), the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) (four references), the Convention on the Recovery Abroad of Maintenance (1956) (four references), the UNCITR AL Model Law on International Commercial Arbitration (1985) (four references), and the Geneva Convention Relative to the Treatment of Prisoners of War (1949) (two references). Fifteen other instruments are referenced once.

In terms of the number of judgments delivered, the level of activity is a little more than the activity that took place during the previous interval. In terms of the number of references to international instruments, the level of activity is also a bit more.15 During the previous interval, the judiciary delivered 100 judgments that referenced New Zealand’s international obligations. Eleven of these judgments were reported in the New Zealand Law Reports series; the Supreme Court delivered one, the Court of Appeal delivered eight, the High Court delivered one, and the Family Court delivered one. Twenty-five were reported in other series; the Supreme Court delivered one, the Court of Appeal delivered 10, the High Court delivered 10, the Family Court delivered three, and the Deportation Review Tribunal delivered one. Sixty- four were unreported; the Court of Appeal delivered one, the High Court delivered 27, the District Court delivered one, the Family Court delivered 32, the Refugee Status Appeal Authority delivered two, and the Human Rights Review Tribunal delivered one.

Of these 100 judgments, 53 dealt with custody matters, 15 with immigration, seven with civil procedure, four with criminal procedure, four with crime, four with tort, two with maintenance, two with tax, two with extradition, and two with discrimination. One dealt with fisheries, one with contracts, one with mental health, one with superannuation, and one with censorship.

These 100 judgments referred to 23 different international instruments (one of which does not have New Zealand as a party), of which two are bilateral agreements, 19 are multilateral agreements, one is a resolution, and one is a set of technical instructions. In total, these judgments have 140 references. In these cases, the most frequently cited international agreements are the Convention on the Rights of the Child (1989) (48 references), the Convention on the Civil Aspects of International Child Abduction (1980) (24 references), the International Covenant on Civil and Political Rights (1966) (22 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (15 references), the Convention relating to the Status of Refugees (1951) (five references), Vienna Convention on the Law of Treaties (1969) (five references), the Universal Declaration of Human Rights (1948) (four references), and the extradition treaty between New Zealand and Poland (1932) (two references).

During the current interval, each of the three branches of government played a significant role in the implementation of New Zealand’s international obligations. The level of activity for the current interval increased relative to the previous interval for Parliament, the Executive, and the Judiciary. In New Zealand, international instruments continue to be an important source of law.

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.

World Wine Trade Group Agreement on Requirements for Wine Labelling (adhered to on 11 June 2010)

International Convention for the Pacific Settlement of International Disputes (adhered to on 13 April 2010; entered into force on 12 June 2010)

Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (signed on 1 February 2010)

Revised Constitution of the Asia-Pacific Telecommunity (adhered to on 27 August 2009; entered into force on 2 August 2009)

The Final Acts of the World Radiocommunication Conference (Geneva 2007) (adhered to on 17 August 2009; entered into force on 17 August 2009) The Final Acts of the Plenipotentiary Conference (Antalya, 2006) amending the Constitution and Convention of the International Telecommunication Union as amended by the Plenipotentiary Conference (Marrakesh, 2002), the Plenipotentiary Conference (Kyoto, 1994) and the Plenipotentiary Conference (Minneapolis, 1998) (adhered to on 17 August 2009; entered into force on 17 August 2009)

Exchange of Letters constituting an Amendment to Article 3 of the Australia New Zealand Closer Economic Relations Trade Agreement (signed on 16 June 2010)

Exchange of Letters constituting an Amendment to the Product Specific Rules in Annex G of the Australia New Zealand Closer Economic Relations Trade Agreement (signed on 16 June 2010)

Agreement between the Government of New Zealand and the Government of Turkey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (signed on 22 April 2010)

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Republic of Turkey (signed on 22 April 2010)

Exchange of Letters between the Government of New Zealand and the Government of Hong Kong constituting an agreement on the negotiation of an Investment Protocol (to the New Zealand – Hong Kong, China Closer Economic Partnership Agreement) (signed on 29 March 2010)

New Zealand – Hong Kong, China Environment Cooperation Agreement (signed on 25 March 2010)

Memorandum of Understanding on Labour Cooperation between New Zealand and Hong Kong, China (signed on 25 March 2010)

New Zealand – Hong Kong, China Closer Economic Partnership Agreement (signed on 29 March 2010)

Agreement between the Government of New Zealand and the Government of St. Vincent and the Grenadines on the Exchange of Information with respect to Taxes (signed on 16 March 2010)

Agreement between the Government of New Zealand and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes and Tax Matters (signed on 16 March 2010)

Agreement between the Government of New Zealand and the Government of the Republic of Turkey relating to Air Services (signed on 4 March 2010)

Exchange of letters constituting an Amendment to the Agreement between New Zealand and Australia Concerning a Joint Food Standards System (signed on 3 March 2010; adhered to on 18 May 2010)

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Republic of Poland (adhered to on 15 February 2010; entered into force on 15 February 2010)

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Federative Republic of Brazil (adhered to on 8 February 2010; entered into force on 8 February 2010)

Agreement Between the Government of the United States of America and the Government of New Zealand on Science and Technology Cooperation Contributing to Domestic and External Security Capabilities (signed on 8 January 2010)

Agreement establishing the ASEAN–Australia–New Zealand Free Trade Area (adhered to on 22 July 2009; entered into force on 1 January 2010)

Protocol Amending the Convention between New Zealand and the United States for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (adhered to on 24 December 2009)

Agreement between the Government of New Zealand and the Government of the Turks and Caicos Islands on the Exchange of Information with respect to Taxes (signed on 11 December 2009)

Agreement between the Government of New Zealand and the Government of Anguilla on the Exchange of Information with respect to Taxes (signed on 11 December 2009)

Second Protocol amending the Convention between the Government of New Zealand and the Government of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, and the Protocol, signed at Brussels on 15 September 1981 (signed on 7 December 2009)

Agreement between the Government of New Zealand and the Government of the Federation of St. Christopher and Nevis for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (signed on 24 November 2009)

Agreement between the Government of New Zealand and the Government of the Federation of St. Christopher and Nevis on the Exchange of Information with respect to Taxes (signed on 24 November 2009)

Agreement between the Government of New Zealand and the Government of Bermuda (as authorised by) the Government of the United Kingdom of Great Britain and Northern Ireland on the Exchange of Information with respect to Taxes (adhered to 23 November 2009)

Agreement between the Government of New Zealand and the Government of the Commonwealth of the Bahamas on the Exchange of Information with respect to Taxes (signed on 18 November 2009)

Agreement between the Government of New Zealand and the Government of Japan on Cooperation in Science and Technology (signed on 28 October 2009; adhered to on 28 October 2009; entered into force on 28 October 2009)

New Zealand–Malaysia Agreement on Labour Cooperation (signed on 8 October 2009)

New Zealand–Malaysia Agreement on Environmental Cooperation (signed on 1 October 2009)

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 (with Protocol) (signed on 21 August 2009)

Agreement between the Government of New Zealand and the Government of the British Virgin Islands for the Allocation of Taxing Rights with respect to Certain Income of Individuals (signed on 13 August 2009)

Agreement between the Government of New Zealand and the Government of the British Virgin Islands for the Exchange of Information relating to Taxes (signed on 13 August 2009)

Agreement between the Government of New Zealand and the Government of the Cayman Islands for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (signed on 13 August 2009)

Agreement between the Government of New Zealand and the Government of the Cayman Islands on the Exchange of Information with respect to Taxes (signed on 13 August 2009)

Agreement between the Government of New Zealand and the Government of Gibraltar on the Exchange of Information with respect to Taxes (signed on

Memorandum of Agreement on Environmental Cooperation between the Government of New Zealand and the Government of the Republic of the Philippines (entered into force on 13 August 2009)

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Republic of Peru (adhered to on 31 July 2009; entered into force on 31 July 2009)

Agreement between the Government of New Zealand and the Government of the Isle of Man for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (signed on 27 July 2009)

Agreement between the Government of New Zealand and the Government of the Isle of Man on the Exchange of Information with respect to Taxes (signed on 27 July 2009)

Agreement between the Government of New Zealand and the Government of Jersey for the Exchange of Information with respect to Taxes (signed on 27 July 2009)

Agreement between the Government of New Zealand and the Government of Jersey for the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments (signed on 27 July 2009)

Agreement between the Government of New Zealand and the Government of Canada on Air Transport (signed on 21 July 2009; adhered to on 29 September 2009)

Agreement between the Government of New Zealand and the States of Guernsey for the Exchange of Information with respect to Taxes and the Allocation of Taxing Rights with respect to Certain Income of Individual (signed on 21 July 2009)

Agreement between the Government of New Zealand and the Government of the Cook Islands on the Exchange of Information with respect to Taxes (signed on 9 July 2009)

Agreement between the Government of New Zealand and the Government of the Cook Islands on the Allocation of Taxing Rights with respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustment (signed on 9 July 2009)

Agreement between the Government of New Zealand and the Government of the Independent State of Samoa concerning the Temporary Stay of Members of the New Zealand Armed Forces on the Territory of the Independent State of Samoa (signed on 7 July 2009; adhered to on 7 July 2009; entered into force on 7 July 2009)

Convention between New Zealand and Australia for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (signed on 26 June 2009; adhered to on 18 March 2010)

Agreement between New Zealand and the Kingdom of Spain on a Working Holiday Scheme (signed on 23 June 2009; adhered to on 20 April 2010; entered into force on 21 April 2010)

International treaty examination of the Second Protocol amending the Convention between the Government of New Zealand and the Government of Belgium for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and the Protocol, signed at Brussels on 15 September 1981; Finance and Expenditure Committee (presented 28 May 2010)

International treaty examination of the Convention on International Interests in Mobile Equipment and of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment; Transport and Industrial Relations Committee (presented 20 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Turks and Caicos Islands on the Exchange of Information with Respect to Taxes; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of Anguilla on the Exchange of Information with Respect to Taxes; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of Gibraltar on the Exchange of Information with Respect to Taxes; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the British Virgin Islands for the Exchange of Information relating to Taxes and of the Agreement between the Government of New Zealand and the Government of the British Virgin Islands for the Allocation of Taxing Rights with Respect to Certain Income of Individuals; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Cayman Islands on the Exchange of Information with Respect to Taxes and of the Agreement between the Government of New Zealand and the Government of the Cayman Islands for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Commonwealth of Dominica on the Exchange of Information with Respect to Taxes and Tax Matters; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Commonwealth of the Bahamas on the Exchange of Information with Respect to Taxes; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Cook Islands on the Exchange of Information with Respect to Taxes and of the Agreement between the Government of New Zealand and the Government of the Cook Islands on the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Federation of St Christopher and Nevis on the Exchange of Information with Respect to Taxes and of the Agreement between the Government of New Zealand and the Government of the Federation of St. Christopher and Nevis for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of the Isle of Man on the Exchange of Information with Respect to Taxes and of the Agreement between the Government of New Zealand and the Government of the Isle of Man for the Allocation of Taxing Rights with Respect to Certain Income

of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the States of Guernsey for the Exchange of Information with Respect to Taxes and the Allocation of Taxing Rights with Respect to Certain Income of Individuals; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of Jersey for the Exchange of Information with Respect to Taxes and of the Agreement between the Government of New Zealand and the Government of Jersey for the Allocation of Taxing Rights with Respect to Certain Income of Individuals and to Establish a Mutual Agreement Procedure in Respect of Transfer Pricing Adjustments; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of the Agreement between the Government of New Zealand and the Government of St Vincent and the Grenadines on the Exchange of Information with Respect to Taxes; Finance and Expenditure Committee (presented 4 May 2010)

International treaty examination of 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; Finance and Expenditure Committee (presented 1 April 2010)

International treaty examination of the Exchange of Letters Constituting an Agreement to Amend Article 3 (Rules of Origin) of the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) and of the Agreement to Amend the Product Specific Rules in Annex G of the ANZCERTA; Foreign Affairs, Defence and Trade Committee (presented 29 July 2010) [one submission; one heard]

The Committee, after setting out the requisite background and discussing the relevant rules of origin (including their relationship to the Pacific Island countries and exporters), concluded that the rules of origin (as revised) would enhance trade and economic growth opportunities for New Zealand businesses in the trans-Tasman market.

International treaty examination of the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children; Foreign Affairs, Defence and Trade Committee (presented 29 July 2010) [two submissions]

The Committee outlined the purpose of the Convention and concluded that the Government should accede to the Convention at its earliest convenience. The Committee also described the reservation that New Zealand proposes to make to the Convention under art 55 of the Convention to preserve the jurisdiction of its authorities to take measures to protect a child’s property, particularly Māori land or other collectively held property.

International treaty examination of the New Zealand-Hong Kong, China Closer Economic Partnership Agreement, of the Memorandum of Understanding on Labour Cooperation Between New Zealand and Hong Kong, China, of the New Zealand-Hong Kong, China Environment Cooperation Agreement, and of the Exchange of Letters on the Conclusion of an Investment Protocol to the New Zealand-Hong Kong, China Closer Economic Partnership Agreement; Foreign Affairs, Defence and Trade Committee (presented 6 May 2010)

The Committee canvassed the advantages and disadvantages of the Agreement, and concluded that it enhances New Zealand’s economic integration into the Asian region. A minority opposed the Agreement on the grounds that it would further endanger New Zealand manufacturing, allow Hong Kong firms to take over critical parts of the New Zealand economy, including dairy farms, and require New Zealand to pass on to Hong Kong concessions New Zealand might make in agreements with other nations, even when passing on those concessions would not be advantageous to New Zealand.

International treaty examination of the Exchange of Letters Constituting an Amendment to the Agreement between the Government of New Zealand and the Government of Australia Concerning a Joint Food Standards System; Foreign Affairs, Defence and Trade Committee (presented 29 April 2010)

The Committee noted that it sought and received advice from the New Zealand Food Safety Authority with respect to expiry date and best-used- by date labelling. All packaged products with a shelf life of less than two years are required to be date-marked. All food that should be consumed before a certain date is required to have a use-by date. A best-before date is required is all other cases. The Committee also asked for clarification regarding the application of “cultural grounds” in the Agreement and received advice that the inclusion of cultural grounds had been a factor in determining not to include mutton birds when the Joint Food Standards Code was established.

International treaty examination of the Agreement Between the Government of New Zealand and the Government of the United States of America on Science and Technology Cooperation Contributing to Domestic and External Security Capabilities; Foreign Affairs, Defence and Trade Committee (presented 25 March 2010)

The Committee canvassed the advantages and disadvantages of the Agreement, and formed the view that the Agreement would contribute to New Zealand’s broader political and security relationship with the United States. However, a minority expressed the view that the Agreement would increase the amount of classified research done in New Zealand and would allow the United States to unreasonably restrain the transfer of intellectual property that researchers generate in New Zealand to a third party.

International treaty examination of the New Zealand–Malaysia Free Trade Agreement (including annexes volumes 1 and 2), the New Zealand– Malaysia Agreement on Environmental Cooperation, the New Zealand– Malaysia Agreement on Labour Cooperation, and the Exchange of Letters constituting an Agreement between the Government of New Zealand and the Government of Malaysia on the treatment of Alcoholic Beverages in the New Zealand–Malaysia Free Trade Agreement; Foreign Affairs, Defence and Trade Committee (presented 17 December 2009)

The Committee canvassed the benefits of the Agreement under the headings of tariffs, education, and environmental and labour cooperation. The Committee concluded that entering into the Agreement would be in New Zealand’s national interest on the grounds that it would benefit New Zealand’s economic performance.

International treaty examination of the Convention between New Zealand and Australia for the Avoidance of Double Taxation with Respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion; Finance and Expenditure Committee (presented 10 December 2009)

The Committee noted that the Convention will replace the earlier agreement on double taxation with Australia and outlined its purpose.

International treaty examination of the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf; Foreign Affairs, Defence and Trade Committee (presented 27 July 2009) [one submission]

The Committee chose to draw the attention of the House of Representatives to its decision to unanimously support continuing movement towards ratification of the protocols.

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.

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

Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010

This Act amends the Children, Young Persons, and Their Families Act 1989, which implements the Arrangement between New Zealand and Australian States and Territories regarding the transfer of children subject to child protection orders (2000). The amendments expand the jurisdiction of the Youth Courts and strengthen and expand the orders available to Youth Courts sentencing or otherwise dealing with a child or young person against whom a charge is proved before a Youth Court.

This Act amends the Conservation Act 1987, which implements the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971) and the Convention for the Protection of the World Cultural and Natural Heritage (1972). The amendments make changes to certain provisions relevant to concessions to reduce costs and administrative burdens and to ensure that the relevant processes are efficient and contestable.

This Act amends the Corrections Act 2004, which implements the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955, amended 1977) and aspects of the Convention on the Rights of the Child (1989). The amendments allow competitive tendering by private-sector organisations for contracts to manage prisons.

This Act amends the Corrections Act 2004, which implements the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955, amended 1977) and aspects of the Convention on the Rights of the Child (1989). The amendments enable the temporary accommodation of corrections prisoners in court cells, as a last resort, in the case of insufficient accommodation in the prison system.

This Act amends the Crimes Act 1961, which implements various aspects of the Convention relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Recommendations of the 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), the 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 Convention against Transnational Organised Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000). The amendments are part of a package to enhance the criminal justice response to gangs and organised criminal groups.

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 Convention against Transnational Organised Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organised Crime (2000). The amendments remove the partial defence of provocation.

This Act amends the Domestic Violence Act 1995, which implements aspects of 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 are part of a package to strengthen the criminal justice response to family domestic violence.

This Act amends the Education Act 1989, which implements ILO Convention 10 (1921): Minimum Age (Agriculture), ILO Convention 58 (1936): Minimum Age (Sea), ILO Convention 59 (1937): Minimum Age (Industry), the Convention against Discrimination in Education (1960), and ILO Convention 122 (1964): Employment Policy. The amendments provide a legislative framework for secondary and tertiary programmes, exempt limited attendance centres from early childhood education licensing standards, change the refund provisions for international students enrolled in private training establishments, and update and clarify the law affecting private schools.

This Act amends the Education Act 1989, which implements ILO Convention 10 (1921): Minimum Age (Agriculture), ILO Convention 58 (1936): Minimum Age (Sea), ILO Convention 59 (1937): Minimum Age (Industry), the Convention against Discrimination in Education (1960), and ILO Convention 122 (1964): Employment Policy. The amendments alter the governance provisions for polytechnic councils and allow the Crown to respond more effectively to the risks posed by polytechnics with educational or financial performance issues.

Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008). The amendments alter the Excise and Excise-equivalent Duties Table set out in the Act in relation to tobacco products.17

This Act amends the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). The amendments create a statutory process whereby commercial fishers who have inadvertently incurred deemed value debts can have the debt reviewed.

This Act amends the Hazardous Substances and New Organisms Act 1996, which implements the Convention on Persistent Organic Pollutants (2001). The amendments make a series of changes for the purpose of ensuring that the policy intent of the Hazardous Substances and New Organisms Act 1996 can be more efficiently and effectively achieved with minimum necessary compliance cost.

This Act amends the Judicature Act 1908, which implements the Trans- Tasman Court Proceedings and Regulatory Enforcement Agreement (2006). The amendments insert a formula for calculating higher duty allowances for judges.

This Act amends the Land Transport Act 1998, which implements the Convention on Road Traffic (1949). The amendments strengthen the powers of the Police, local authorities, and other road controlling authorities to deal with illegal street racers.

This Act amends the Legal Services Act 2000, which implements aspects of the Convention relating to the Status of Refugees (1951), 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 ensure that victims of crime attending parole hearings or coronial inquests are not subject to financial eligibility testing, give the Legal Services Agency the power to not recover certain legal aid debt, and allow the making of regulations to exempt certain persons and proceedings from financial eligibility tests and repayment conditions.

This Act amends the Policing Act 2008, which, among other things, replaced the United Nations (Police) Act 1964, which implemented Article 43 of the Charter of the United Nations (1945). The provisions regarding Article 43 are now found in subpart 2 of Part 5 of the Police Act 2008, which is concerned with international policing. The amendments remove doubt about the validity of constabulary powers conferred on Police employees who took the constable’s oath between 1 October 2008 and 12 October 2009.

This Act amends the Policing Act 2008, which, among other things, replaced the United Nations (Police) Act 1964, which implemented Article 43 of the Charter of the United Nations (1945). The provisions regarding Article 43 are now found in subpart 2 of Part 5 of the Police Act 2008, which is concerned with international policing. The amendments adjust provisions related to police involvement in elections.

This Act amends the Privacy Act 1993, which implements aspects of the 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). The amendment adjusts Schedule 5 of the Privacy Act 1993 to account for records of vehicles impounded under the Land Transport Act 1998.

This Act, among other things, amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments create a three-stage regime of increasing consequences for the worst repeat violent offenders.

This Act amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments are part of a package of enactments to strengthen the courts’ powers to order the confiscation of motor vehicles to prevent further serious traffic offending, and their destruction when used by persistent offenders.

This Act amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments are part of a package to strengthen the criminal justice response to family domestic violence.

This Act amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980) and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments are part of a package to enhance the criminal justice response to gangs and organised criminal groups.

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 the accommodation supplement in Part 1 of Schedule 18 of the Social Security Act 1964.

This Act amends the Summary Proceedings Act 1957, which implements aspects of the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments are part of a package of enactments to strengthen the courts’ powers to order the confiscation of motor vehicles to prevent further serious traffic offending, and their destruction when used by persistent offenders.

This Act amends the Weights and Measures Act 1987, which 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, which appears to be work relevant to the Convention respecting the Creation of an International Office of Weights and Measures (1875). The amendment inserts the words “that is in a liquid form” into section 38(c) of the Weights and Measures Act 1987 to clarify that gas in gaseous form is governed by the Measures Act 1987.

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 modify the emissions trading system established by the amendments to the Climate Change Response Act 2002 that were made by the Climate Change Response (Emissions Trading) Amendment Act 2008.

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 the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008). The amendments, among other things, insert incorporation by reference provisions into the Customs and Excise Act 1996, which permit the incorporation by reference of international trade agreements to which New Zealand is a party.

This Act amends the Designs Act 1953, which implements aspects of the GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). The amendments allow for the restoration of lapsed copyright in a registered design in circumstances where the lapse was as a result of an unintended failure to pay the renewal fee or to make the necessary application.

This Act amends the Resource Management Act 1991, which implements the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971), 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 focus on improving the quality and certainty of decisions and reducing delays and costs by simplifying procedures and rationalising appeal processes.

the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005), and the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008). The amendments, among other things, insert incorporation by reference provisions into the Tariff Act 1988, which permit the incorporation by reference of international trade agreements to which New Zealand is a party.

Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009

This Act amends the Income Tax Act 2007 (among others). The amendments provide for the tax treatment of emission units issued under, and certain liabilities arising under, 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).

This Act adopts, where appropriate in the New Zealand context, recommendations issued by the Financial Action Task Force on Money Laundering (established 1989). In doing so, the Act aligns the following enactments: Crimes Act 1961, s 244(ba); Criminal Proceeds (Recovery) Act 2009, s 5(1); Customs and Excise Act 1996, ss 166A(b)(ii) and 166C(4)(ba); Financial Transactions Reporting Act 1996, ss 15(1)(b)(ia), 16(ab), 21(2)(ab), 22(1)(b)(ia), 24(1)(a)(ia), 28(da), and 56(1)(b); Misuse of Drugs Act 1975, s 12B(6)(ba); Mutual Assistance in Criminal Matters Act 1992, s 2(1); Reserve Bank of New Zealand Act 1989, ss 41 and 51(5) and (9); Terrorism Suppression Act 2002, s 44(1)(b), 44(1)(d)(ii), 44(2), 44(4), 44(5), 47(1)(b)(i), 47A(1)(a)(ia), and 47C(5), and Schedule 5.

This Act amends the Civil Aviation Act 1990, which implements the Convention for the Unification of Certain Rules relating to International Carriage by Air (1929), the Convention on International Civil Aviation (1944), the Additional Provisions of the Hague Protocol affecting the Warsaw Convention (1955), the 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), the Additional Protocol No. 1 affecting the Warsaw Convention (1975), the Additional Protocol No. 2 affecting the Warsaw Convention (1975), the Additional Protocol No. 4 affecting the Warsaw Convention (1975), the Australia–New Zealand Single Aviation Market Arrangements (1996), the Convention for the Unification of Certain Rules for International Carriage by Air (1999), and the 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). The amendments, among things, implement the Convention on International Interests in Mobile Equipment (2001) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (2001).

This Act establishes a wide-ranging prohibition on the use of cluster munitions. It implements the Convention on Cluster Munitions (2008).

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 the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008). The amendments implement the ASEAN–Australia–New Zealand Free Trade Area (2009).

This Act replaces the Immigration Act 1987, which implements the 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). To this list, the Immigration Act 2009 adds the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (1984) and the International Covenant on Civil and Political Rights (1966).

New Zealand–Thailand Closer Economic Partnership Agreement (2005), the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005), and the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008).. The amendments implement the Agreement Establishing the ASEAN–Australia–New Zealand Free Trade Area (2009).

This Act amends the Tariff Act 1988, which implements the General Agreement on Tariffs and Trade (1947 and 1997), the Agreement between New Zealand and Singapore on Closer Economic Partnership (2001), the New Zealand–Thailand Closer Economic Partnership Agreement (2005), the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005), and the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008). The amendments implement the Malaysia–New Zealand Free Trade Agreement (2009).

This section sets out the regulations made during the current interval that relate to New Zealand’s international obligations.20

This order is made under sections 70 and 74 of the Climate Change Response Act 2002. The Act 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 order issues a fishing allocation plan.

These regulations are made under sections 163, 168, and 184 of the Climate Change Response Act 2002. The Act 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 regulations adjust the requirements relevant to calculating emissions and removals in relation to pre-1990 forest land and post-1989 forest land.

This order is made under section 60 of the Climate Change Response Act 2002. The Act 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 order exempts certain persons from being participants in respect of certain activities listed in Parts 3 and 4 of Schedule 3 of the Act.

This order is made under section 163 of the Climate Change Response Act 2002. The Act 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 regulations amend the Climate Change (Liquid Fossil Fuels) Regulations 2008, which specify the liquid fossil fuels that are obligation fuels or obligation jet fuels for the purposes of the Act. The amendments provide for the use of unique emissions factors by participants who have been approved to use them, require participants who wish to use unique emissions factors to keep certain data about the fuel to which they relate, adjust the formulas for calculating emissions, and adjust the emissions factors for light fuel oil and heavy fuel oil.

This order is made under section 60 of the Climate Change Response Act 2002. The Act 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 order provides that The New Zealand Refining Company Limited is, in relation to certain activities, exempt from being a participant under the Act in respect of refining petroleum listed in Part 3 of the Schedule 3 of the Act.

This order is made under section 60 of the Climate Change Response Act 2002. The Act 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 order provides that Oceana Gold (New Zealand) Limited is, in relation to certain activities, exempt from being a participant under the Act in respect of producing gold listed in Part 4 of the Schedule 3 of the Act.

This order is made under section 137(2)(a) of the Climate Change Response Act 2002. The Act 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 order prescribes the rate of interest for the purposes of section 137 of the Act.

This order is made under sections 163 and 168 of the Climate Change Response Act 2002. The Act 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 regulations prescribe a threshold of 5,000 tonnes carbon dioxide equivalent gases per annum for eligibility to register as a participant for removals embedded in a product and specify the requirements for the collection and the calculation of emissions under section 62 of the Act in relation to methanol production.

This order is made under sections 163 and 164 of the Climate Change Response Act 2002. The Act 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 regulations specify the activities for which applications for unique emissions factors may be made, the process by which participants may apply for approval to use unique emissions factors, the information that must be collected to support applications to use unique emissions factors, the methodologies for calculating unique emissions factors, and the persons to be recognised verifiers for the purpose of verifying unique emissions factors.

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996 to adjust rules of origin relating to Australia, Thailand, and the countries who are parties to the Trans-Pacific Strategic Economic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005).

Customs and Excise (Rules of Origin for A ANZTA Goods) Amendment Regulations 2009

These regulations are made under the Customs and Excise Act 1996. They amend the Customs and Excise Regulations 1996 to provide rules of origin for imports of goods from a party to the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008).

This order is made under section 64A(3A) of the Customs and Excise Act 1996. The order declares Australia, Brunei Darussalam, Myanmar, the Philippines, Singapore, and Viet Nam to be specified parties to the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008) for the purposes of the Customs and Excise Act 1996.

This order is made under section 64A(3A) of the Tariff Act 1988. The order declares Malaysia to be a specified party to the ASEAN–Australia– New Zealand Free Trade Area Agreement (2008) for the purposes of the Customs and Excise Act 1996.

This order is made under section 64A(3A) of the Customs and Excise Act 1996. The order amends the Customs and Excise (Specified A ANZFTA Parties) Order 2009 to declare Thailand to be a specified party to the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008) for the purposes of the Customs and Excise Act 1996.

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order amends the Diplomatic Privileges (CTBTO PrepCom) Order 2000, which relates to the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom), to align a provision of the 2000 Order with a provision in the Act.

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order confers certain privileges and immunities on the Customs Co-operation Council in the light of amendments adopted in 2007 to the Convention Establishing a Customs Co-operation Council (1950).

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order amends the Diplomatic Privileges (OECD) Order 2000, which relates to the Organisation for Economic Co-operation and Development (OECD), to align a provision of the 2000 order with a provision in the Act.

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order amends the Diplomatic Privileges (OIML) Order 2003, which relates to the Organisation Internationale de Métrologie Légale (OIML) established by the Convention Establishing an International Organisation of Metrology (1955), to align a provision of the 2003 order with a provision in the Act.

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order amends the Diplomatic Privileges (WTO) Order 2000 to align a provision of the 2000 order with a provision in the Act and to clarify that the WTO’s membership includes not only governments, but also customs territories or unions.

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of Anguilla on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Commonwealth of the Bahamas on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the British Virgin Islands on the Exchange of Information relating to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Cayman Islands on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Cook Islands on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes and Tax Matters (2010).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of Gibraltar on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the States of Guernsey for the Exchange of Information with respect to Taxes and the Allocation of Taxing Rights with respect to Certain Income of Individuals (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Isle of Man on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of Jersey for the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement

between the Government of New Zealand and the Government of St Christopher and Nevis on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of St Vincent and the Grenadines on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Agreement between the Government of New Zealand and the Government of the Turks and Caicos Islands on the Exchange of Information with respect to Taxes (2009).

These regulations are made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order implements the Convention between Australia and New Zealand for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (2009).

This order is made under section BH 1 of the Income Tax Act 2007, which provides for the making of orders that give effect to certain taxation agreements. The order amends the Double Taxation Relief (United States of America) Order 1983. It implements the Protocol amending the Convention between New Zealand and the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (2008).

These regulations are made under sections 169, 169A, and 169B of the Electricity Act 1992. They replace the Electricity Regulations 1997 and give effect to Australian/New Zealand joint standards regarding electricity.

These regulations are made under section 113C of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). These regulations give notice that the arrangement known as the Final Act of International Consultations on the Establishment of the Proposed South Pacific Regional Fisheries Management Organisation is an arrangement that is a global, regional, or sub-regional fisheries organisation or arrangement for the purposes of Part 6A of the Fisheries Act 1996 and that the measures adopted by that arrangement are international conservation and management measures for the purposes of Part 6A of that Act.

Fisheries (High Seas Fishing Notifications–Commission for the Conservation of Southern Bluefin Tuna) Amendment Notice 2010

These regulations are made under section 113C of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). These regulations, which amend the Fisheries (High Seas Fishing Notifications– Commission for the Conservation of Southern Bluefin Tuna) Notice 2009, give notice of more international conservation and management measures that the Commission has adopted. These measures apply to ships that are on the high seas in an area that the Commission covers and that are registered under the Ship Registration Act 1992 or fly the New Zealand flag.

Fisheries (High Seas Fishing Notifications–North East Atlantic Fisheries Commission) Amendment Notice 2010

These regulations are made under section 113C of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). The regulations, which amend the Fisheries (High Seas Fishing Notifications– North East Atlantic Fisheries Commission) Notice 2009, give notice of an updated list of international conservation and management measures that the Commission has adopted. These measures apply to ships that are on the high seas in an area that the Commission covers and that are registered under the Ship Registration Act 1992 or fly the New Zealand flag.

Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Amendment Notice 2010

These regulations are made under section 113C of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982). The regulations, which amend the Fisheries (High Seas Fishing Notifications: Western and Central Pacific Fisheries Commission) Notice 2009, give notice of an updated list of international conservation and management measures that the Commission has adopted. These measures apply to ships that are on the high seas in an area that the Commission covers and that are registered under the Ship Registration Act 1992 or fly the New Zealand flag.

These regulations are made under sections 54 and 54A of the Gas Act 1992. They replace the Gas Regulations 1993 and give effect to an Australian Standard, an Australian/New Zealand joint standard, and several International Organization for Standardization standards.

This order is made under section 9 of the Tariff Act 1988. The order implements New Zealand’s commitments on tariff reduction and removal for imports originating under the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008).

This order is made under section 7A(1)(a) of the Tariff Act 1988. The order declares Australia, Brunei Darussalam, Myanmar, the Philippines, Singapore, and Viet Nam to be specified parties to the ASEAN–Australia– New Zealand Free Trade Area Agreement (2008) for the purposes of the Tariff Act 1988.

This order is made under section 7A(1)(a) of the Tariff Act 1988. The order amends the Tariff (Specified A ANZFTA Parties) Order 2009. The order declares Malaysia to be a specified party to the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008) for the purposes of the Tariff Act 1988.

This order is made under section 7A(1)(a) of the Tariff Act 1988. The order amends the Tariff (Specified A ANZFTA Parties) Order 2009. The order entitles Thailand to preferential tariffs set under the Tariff Act 1988 in accordance with the ASEAN–Australia–New Zealand Free Trade Area Agreement (2008).

United Nations Sanctions (Democratic People’s Republic of North Korea) Amendment Regulations 2010

41 of the Charter of the United Nations (1945). These regulations adjust the United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006, which give effect to resolutions 1874 (2009) and 1718 (2006) of the Security Council, which call for the imposition of sanctions in respect of the Democratic People’s Republic of Korea.

United Nations Sanctions (Democratic People’s Republic of Korea) Amendment Regulations 2009

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). The regulations, which amend the United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006, give effect to resolution 1874 (2009) of the Security Council, which calls 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). The regulations give effect to resolution 1907 (2009) of the Security Council, which calls for the imposition of sanctions in respect of Eritrea.

Section 28 of the Civil Aviation Act 1990 provides for the making of rules for the purposes, among other things, of implementing New Zealand’s obligations under the Convention on International Civil Aviation (1944) and the Arrangement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007). The following civil aviation rules were consolidated during the current interval:

This consolidated rule refers to the Annex 5 of Convention on International Civil Aviation (1944) [rule 19.3].

Civil Aviation Rules: Part 65–Air Traffic Service Personnel Licences and Ratings (2010)

This consolidated rule refers to the Convention on International Civil Aviation (1944) [rule 65.103].

Civil Aviation Rules: Part 66 –Aircraft Maintenance Personnel Licensing (2009)

This consolidated rule refers to the Convention on International Civil Aviation (1944) [rules 66.7 and 66.9].

Civil Aviation Rules: Part 91–General Operating and Flight Rules (2010) This consolidated rule refers to Annex 2 of the Convention on International Civil Aviation (1944) [rule 91.753].

Civil Aviation Rules: Part 129–Foreign Air Transport Operator–Certification (2010)

This consolidated rule refers to the Convention on International Civil Aviation (1944) [rule 129.9].

Civil Aviation Rules: Part 140 –Aviation Security Service Organisations– Certification (2010)

This consolidated rule refers to Annex 17 of the Convention on International Civil Aviation (1944) [A.23].

Civil Aviation Rules: Part 172–Air Traffic Service Organisations– Certification (2010)

This consolidated rule refers to Annexes 1, 2, 3, 10, and 11 of the Convention on International Civil Aviation (1944) [rule 172.3].

Civil Aviation Rules: Part 175–Aeronautical Information Service Organisations–Certification (2010)

This consolidated rule refers to Article 38 of the Convention on International Civil Aviation (1944) [rule 175.151].

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.

Avowal Administrative Attorneys Ltd & Ors v District Court at North Shore & Anor [2010] NZCA 183; [2010] 3 NZLR 661 (Court of Appeal, William Young P, Hammond and O’Regan JJ), tax case that cites the Double Taxation Relief (Australia)

Order 1995, which implements 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 (1995):21

The Court of Appeal held that the Commissioner of Inland Revenue was not barred by article 26(2)(b) of the 1995 Agreement from disclosing to Australian tax authorities unscreened electronic records obtained during a search of business premises.

Tasman Orient Line CV v New Zealand China Clays Ltd & Ors [2010] 3 NZLR 1 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ), contracts case that cites the Convention on Limitation of Liability for Maritime Claims (1976), the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (1968) [the Hague-Visby Rules] and the Vienna Convention on the Law of Treaties (1969):

Reversing the Court of Appeal (which upheld the High Court), the Supreme Court held that a carrier shipping company could rely on article 4.2(a) of the Hague-Visby Rules to avoid liability for damage to the plaintiff ’s goods.

Attorney-General v Chapman [2009] NZCA 552; [2010] 2 NZLR 317 (Court of Appeal, Glazebrook, Chambers and O’Regan JJ), civil procedure case that cites the International Covenant on Civil and Political Rights (1966):

The Court of Appeal confirmed that the courts have the jurisdiction to hear and determine claims for compensation for certain breaches of the New Zealand Bill of Rights Act 1990 on the grounds that the purpose of the Act is the affirmation of New Zealand’s commitment to the Covenant. The courts may protect the fundamental rights and freedoms set out in the Act by recourse to appropriate remedies even though the Act contains no express enforcement provisions.

X v Refugee Status Appeals Authority & Ors [2009] NZCA 488; [2010] 2 NZLR 73 (Court of Appeal, Hammond, Arnold and Baragwanath JJ), immigration case that cites the Geneva Convention Relative to the Treatment of Prisoners of War (1949), the Protection of Victims of Non-International Armed Conflicts, Protocol II (1977), the Rome Statute of the International Criminal Court (1998), the Convention relating to the Status of Refugees (1951) and the Universal Declaration of Human Rights (1948):

The Court of Appeal held that X was not entitled to refugee status under article 1F of the Convention relating to the Status of Refugees (1951). It also held that Y did not fulfil the condition of article 1A(2) of that Convention.

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

North Shore City Council v Body Corporate 188529 & Ors [2010] NZCA 64; [2010] 3 NZLR 486 (Court of Appeal, Young P, Arnold and Baragwanath JJ), tort case that cites the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966)

R v Morse [2009] NZCA 623; [2010] 2 NZLR 625 (Court of Appeal, Young P, Glazebrook and Arnold JJ), crimes case that cites the International Covenant on Civil and Political Rights (1966)

R v X [2010] 2 NZLR 181 (Court of Appeal, Hammond, Young and Fogarty JJ), evidence case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

B & Ors v Crown Health Financing Agency [2009] NZSC 97; [2010] 1 NZLR 338 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ), civil procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

Osborne v Chief Executive of the Ministry of Social Development [2009] NZHC 930; [2010] 1 NZLR 559 (High Court Auckland, Duffy J), social security case that cites the International Covenant on Civil and Political Rights (1966)

Police v K & Anor, Re; Police v Campbell & Ors [2009] NZHC 2632; [2010] 1 NZLR 483 (High Court Wanganui, Randerson J), evidence case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

Ye & Ors v Minister of Immigration & Anor [2009] NZSC 76; [2010] 1 NZLR 104 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath and Anderson JJ), immigration case that cites the Convention on the Rights of the Child (1989), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the International Covenant on Civil and Political Rights (1966) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

Saxmere Co Ltd & Ors v Wool Board Disestablishment Co Ltd [2009] NZSC 72; [2010] 1 NZLR 35 (Supreme Court, Blanchard, Tipping, McGrath, Gault and Anderson JJ), civil procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

JSB (a child), Re; Chief Executive, Ministry of Social Development v TS & Anor [2009] NZHC 2054; [2010] 2 NZLR 236 (High Court Auckland, Heath J), custody case that cites the International Covenant on Civil and Political Rights (1966) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

A v Attorney-General & Anor [2009] NZCA 490 (O’Regan, Arnold, and Baragwanath JJ), immigration case that cites the Convention relating to the Status of Refugees (1951)

AMO’H v AJO’H [2011] NZFLR 298 (Family Court Hastings, Judge von Dadelszen), custody case that cites the Convention on the Rights of the Child (1989)

Arumalla v Kilari [2009] NZCA 361 (Glazebrook, Venning and Asher JJ), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Attorney-General v X & Ors [2010] NZSC 19 (Elias CJ, McGrath and Wilson JJ), immigration case that cites the Convention relating to the Status of Refugees (1951)

Bujak v Minister of Justice [2010] NZSC 8 (Blanchard, McGrath and Wilson JJ), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

Bujak v District Court at Christchurch & Anor [2009] NZSC 105 (Blanchard and Tipping JJ), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

Bujak v District Court at Christchurch & Anor [2009] NZSC 96 (Elias CJ, Blanchard and Tipping JJ), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

Bujak v Minister of Justice [2009] NZCA 570 (Robertson, Arnold, and France JJ), extradition case that cites the extradition treaty between New Zealand and the Republic of Poland (1932), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the International Covenant on Civil and Political Rights (1966) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)

Bujak v Minister of Internal Affairs & Ors [2009] NZCA 522 (Arnold J), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

Bujak v Monasterio & Anor [2009] NZCA 516 (Young P, Glazebrook and Robertson JJ), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

CPS v PKD [2010] NZFLR 601 (Family Court Whangarei, Judge Maude), custody case that cites the Convention on the Rights of the Child (1989)

DRTTKO v EF [2009] NZFC 272; [2010] NZFLR 337 (Family Court Taupo, Judge MacKenzie), custody case that cites the Convention on the Rights of the Child (1989)

Isak v Refugee Status Appeals Authority & Anor [2010] NZHC 1111; [2010] NZAR 535 (High Court Auckland, Asher J), immigration case that cites the Convention relating to the Status of Refugees (1951)

JKS v SLTS (2009) 28 FRNZ 99 (Family Court Hamilton, Judge Brown), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

JWTB, Re Adoption; KJB & Anor [2010] NZFLR 97 (Family Court Napier, Judge von Dadelszen), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980), the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) and the Convention on the Rights of the Child (1989)

K v K [2010] NZHC 928; [2011] NZFLR 333 (High Court Auckland, Duffy J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Lane v Questnet Ltd [2009] NZCA 578; [2010] NZAR 210 (Court of Appeal, France, Gendall and Harrison JJ), civil procedure case that cites the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968)

LH v FD [2010] NZHC 399; [2010] NZFLR 926, (High Court Auckland, Harrison J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

McDonnell v Chief Executive of the Department of Corrections [2009] NZCA 352 (Hammond, O’Regan and Robertson JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966) ML v DM [2011] NZFLR 337 (Family Court Wellington, Binns J), custody case that cites the Convention on the Rights of the Child (1989)

PIW v MHS [2011] NZFLR 49 (Family Court New Plymouth, Judge Murfitt), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Refugee Appeal No 76339 [2010] NZAR 386 (Refugee Status Appeals Authority, Judge Haines), immigration case that cites the Convention relating to the Status of Refugees (1951)

RIS v DM [2010] NZFC 98; [2011] NZFLR 25 (Family Court Christchurch, FAM-2002- 009-001115, 10 February 2010, Judge Moran), custody case that cites the Convention on the Rights of the Child (1989)

RJC v HCTA [2011] NZFLR 158 (Family Court Invercargill, Judge Flately), custody case that cites the Convention on the Rights of the Child (1989)

Smith, Philip v Attorney-General [2010] NZCA 258 (Hammond, Arnold and Baragwanath JJ), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

SS v HKM [2010] NZHC 308; [2010] NZFLR 949 (High Court Auckland, Cooper J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

TLM v DFVK [2010] NZFLR 1104 (Family Court New Plymouth, Judge Murfitt), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

WM v TS [2010] NZFLR 371, (Family Court Christchurch, Whitehead J), custody case that cites the Convention on the Rights of the Child (1989)

JF-L v TL (Family Court Waitakere, FAM-2010-090-000705, 29 June 2010, Maude J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Menzies v Ministry of Social Development (Family Court Upper Hutt, FAM-2000-055-000047, 24 June 2010, Moss J), maintenance case that cites the Convention on the Rights of the Child (1989)

Siemer & Ors v Fardell (High Court Auckland, CIV-2003-404-005782, 21 June 2010, Hansen J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966) and the Universal Declaration of Human Rights (1948)

Yunesee & Anor v R (District Court Auckland, CRI-2009-090-008283, CRI-2009-090-010669, 18 June 2010, Hubble J), immigration case that cites the Convention relating to the Status of Refugees (1951)

P v Attorney-General (High Court Wellington, CIV-2006-485-000874, 16 June 2010, Mallon J), accident compensation case that cites the International Covenant on Civil and Political Rights (1966) and the Universal Declaration of Human Rights (1948)

T v Police (High Court Wellington, CRI-2007-485-000037, 14 June 2010, Cifford J), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966)

Taylor, Arthur v Chief Executive of the Department of Corrections (High Court Auckland, CIV-2009-404-007339, 1 June 2010, Williams J), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966), the Convention on the Rights of the Child (1989) and the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955)

MT v DK (Family Court Manukau, FAM-2008-092-001034, 31 May 2010, Hikaka J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

DV & Anor, Adoption application by (Family Court North Shore, FAM-2009-044-001489, FAM-2009-044-001490, 26 May 2010, Ryan J), custody case that cites the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) and the Convention on the Rights of the Child (1989)

WGC, Re (Family Court North Shore, FAM-2008-044-001310, 26 May 2010, Ryan J), custody case that cites the Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993)

WAF v Ministry of Social Development & Ors (Family Court Auckland, FAM-2007-004-000584, 18 May 2010, Boshier, J), custody case that cites the Convention on the Rights of the Child (1989)

Knight v Butcher (Family Court New Plymouth, FAM-2010-043-000168, 6 May 2010, Murfitt J), custody case that cites the Civil Aspects of International Child Abduction (1980)

AMH v SH (Family Court Napier, FAM-2009-041-000369, 4 May 2010, von Dadelszen), custody case that cites the Convention on the Rights of the Child (1989)

SCS v GMS (Family Court Tauranga, FAM-2003-070-000473, 30 April 2010), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980) and the Convention on the Rights of the Child (1989)

R v Vaihu, Sione [2010] NZCA 145 (Court of Appeal, CA 106-2010, CA 107-2010, CA 108-2010, 23 April 2010, Hammond, Chisholm and Asher JJ), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

P v A (High Court Whangarei, CIV-2009-488-000748, 21 April 2010, Ellis J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

AHJ v WRS (Family Court Dunedin, FAM-2009-005-000106, 21 April 2010, O’Dwyer J), maintenance case that cites the Convention on the Recovery Abroad of Maintenance (1956)

ERW v CPT (Family Court Whangarei, FAM-2010-029-000041, 16 April 2010, Druce J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

K AS v FRS (Family Court Christchurch, FAM-2008-009-001916, 15 April 2010, McMeeken J), maintenance case that cites Convention on the Recovery Abroad of Maintenance (1956)

Safe Kids in Daily Supervision Ltd v McNeill & Ors (High Court Auckland, CIV-2010-404-001696, Asher J), contracts case that cites the UNCITR AL Model Law on International Commercial Arbitration (1985)

MVDMS v FJS (Family Court Tauranga, FAM-2009-070-000578, 12 April 2010, Geoghegan J), maintenance case that cites the Convention on the Recovery Abroad of Maintenance (1956)

MA v Attorney-General & Anor [2010] NZSC 33 (Supreme Court, SC106-2009, 31 March 2010, Elias CJ, Blanchard and McGrath JJ), immigration case that cites the Convention relating to the Status of Refugees (1951)

R AGR v MT & Anor (Family Court Napier, FAM-2006-041-000487, FAM-2006-041-000431, 31 March 2010, von Dadelszen), custody case that cites the Convention on the Rights of the Child (1989)

VJR v MDH (Family Court Christchurch, FAM-2005-009-003262, 31 March 2010, Walsh J), custody case that cites the Convention on the Rights of the Child (1989)

TWMM v KEE (Family Court Papakura, FAM-2002-055-000550, 30 March 2010, Eivers J), custody case that cites the Convention on the Rights of the Child (1989)

Siemer v Heron & Ors (High Court Auckland, CIV-2008-404-008058, 29 March 2010, Venning J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966) and the Universal Declaration of Human Rights (1948)

Holden, Richard (dec’ d), Re; Holden, Glen v Nicholson & Anor as executors and trustees of the estate of Richard Charles Holden (High Court Auckland, CIV-2009-404-003668, 24 March 2010, Doogue J), custody case that cites the Convention on the Rights of the Child (1989)

RJR v MPB & Anor (Family Court Christchurch, FAM-2004-009-004637, 16 March 2010, Coyle J), custody case that cites the Convention on the Rights of the Child (1989)

Origin Energ y Resources (Kupe) Ltd v Tenix Alliance New Zealand Services Ltd & Anor (High Court Auckland, CIV-2010-404-001496, 15 March 2010), contracts case that cites Schedule 1 of the Arbitration Act 1996, which sets out provisions that correspond, for the most part, to the provisions of the UNCITR AL Model Law on International Commercial Arbitration (1985)

Horlor v District Court at Christchurch & Anor (High Court Christchurch, CIV-2009-409-002499, 12 March 2010, French J), crimes case that cites the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)

Drug Free Sport New Zealand v Chalmers (Sports Tribunal, ST 13-09, 11 March 2010, Judges Galbraith, Coleman, and Quirk), doping case that cites the Sports Anti-Doping Rules 2009, which incorporate the standards, requirements, and recommended practices of the World Anti-Doping Agency, including the World Anti-Doping Code (2003, as amended 2009).

JMC v AJHB & Anor (Family Court Dunedin, FAM-2008-012-000055, 19 February 2010, Coyle J), custody case that cites the Convention on the Rights of the Child (1989)

OAW v R AG (Family Court Christchurch, FAM-2009-009-000417, 19 February 2010, McMeeken J), custody case that cites the Convention on the Rights of the Child (1989)

DMF v CJM (Family Court Rotorua, FAM-2009-063-000793, 10 February 2010, MacKenzie J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

DPH v LGG & Ors (Family Court Dunedin, FAM-2008-012-001052, 9 February 2010, Coyle J), custody case that cites the Convention on the Rights of the Child (1989)

ED v KG (Family Court Wellington, FAM-2008-085-000711, 1 February 2010, Murfitt J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Origin Energy Resources (Kupe) Ltd v Tenix Alliance New Zealand Ltd & Anor (High Court Auckland, CIV-2010-404-000106, 19 January 2010, Potter J), contracts case that cites Schedule 1 of the Arbitration Act 1996, which sets out provisions that correspond, for the most part, to the provisions of the UNCITR AL Model Law on International Commercial Arbitration (1985)

LMBB v EAH (Family Court Christchurch, FAM-2009-009-002648, 17 December 2009, Somerville J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Proposal by Palmerston North City Council, Re (Environment Court Wellington, W 98-2009, 10 December 2009, Judges Dwyer, Bunting, and Kernohan), environment case that cites the International Civil Aviation Organisation’s runway end safety area standard (1999) adopted in the Civil Aviation Rules

BWM & Anor v MTPRB & Ors (Family Court Rotorua, FAM-2006-063-000322, 10 December 2009, MacKenzie J), custody case that cites the Convention on the Rights of the Child (1989) Marsh v Attorney-General (High Court Wellington, CIV-2006-485-000665, 9 December 2009, Wild J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966)

Hall, John v Chief Executive of Land Information New Zealand (High Court Auckland, CIV-2005-404-007222, 9 December 2009, Wylie J), environment case that cites the International Valuation Standards Committee Valuation Standards (2007)

Swisher Hygiene Franchise Corporation v Hi-Gene Ltd (High Court Auckland, CIV-2009-404-001573, 2 December 2009, Duffy J), contracts case that cites Schedule 1 of the Arbitration Act 1996, which sets out provisions that correspond, for the most part, to the provisions of the UNCITR AL Model Law on International Commercial Arbitration (1985)

LMB v DG (Family Court Westport, FAM-2009-086-000051, 27 November 2009, Walsh J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Siemer & Ors v Fardell (High Court Auckland, CIV-2003-404-005782, 26 November 2009, Duffy J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966)

DLH v ZAA (Family Court Nelson, FAM-2007-003-000280, 24 November 2009, Russell J), maintenance case that cites the Convention on the Recovery Abroad of Maintenance (1956)

Reid v New Zealand Fire Service Commission & Ors (High Court Wellington, CIV-2008-485-001203, CIV-2008-485-002043, 19 November 2009, Dobson J), civil procedure case that cites the International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989)

Bujak v Minister of Justice (High Court Wellington, CIV-2009-485-002266, 18 November 2009, Gendall J), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

GMD v EPK (Family Court Hamilton, FAM-2009-019-000942, 17 November 2009, MacKenzie J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Bujak v Minister of Internal Affairs & Ors (High Court Wellington, CIV-2009-485-001884, 3 November 2009, Dobson J), extradition case involving the extradition treaty between New Zealand and the Republic of Poland (1932)

AR v AD (Family Court Wanganui, FAM-2009-083-000288, 14 October 2009, Callinicos, J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

T v Chief Executive of Ministry of Social Development (High Court Auckland, CIV-2009-404-001523, 4 September 2009, Wylie J), custody case that cites the Convention on the Rights of the Child (1989)

Morgan v Brierley Holdings Ltd (High Court Auckland, CIV-2008-404-003725, 1 September 2009, Heath J), accident compensation case that cites the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty (2008)

GMS v SCS (Family Court Tauranga, FAM-2003-070-000473, 28 August 2009, Somerville J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

APN v TMH (Family Court Christchurch, FAM-2009-009-001668, 25 August 2009, Coyle J), custody case that cites the Convention on the Civil Aspects of International Child Abduction (1980)

Chief Executive Ministry of Social Development v RWP & Anor (Family Court Dunedin, FAM-2008-012-001116, 25 August 2009, Coyle J), custody case that cites the Convention on the Rights of the Child (1989)

K (adoption of ), Re; KSD & Anor (Family Court Tauranga, FAM-2007-070-000917, 24 August 2009, Somerville J), custody case that cites the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoptions (1993)

SDT & Anor v DL & Ors (High Court Auckland, CIV-2009-404-001259, 12 August 2009, Wylie J), custody case that cites the Convention on the Rights of the Child (1989)

R v Abd-Allah (District Court Manukau, CRI-2005-092-014333, 7 August 2009, Wade J), immigration case that cites the Convention relating to the Status of Refugees (1951)

The Chief Executive of the Ministry of Social Development v JAP & Anor (Family Court Dunedin, FAM-2008-012-000391, 30 July 2009, Coyle J), custody case that cites the Convention on the Rights of the Child (1989)

Tsyan v R (District Court Auckland, CRI-2006-044-001086, 23 July 2009, Mathers J), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

C. Distribution of References to International Agreements among Various Courts, NZLR Cases, Other Reported Cases, and Unreported Cases 22

International obligations	NZLR	Other	Unrep	All	Total
Convention on the Rights of the Child (1989)	SC: 1	FC: 10	HC: 5 FC: 13	SC: 1 HC: 5 FC: 23	29
Convention on the Civil Aspects of International Child Abduction (1980)		CA: 1 HC: 4 FC: 4	FC: 13	CA: 1 HC: 4 FC: 17	22
International Covenant on Civil and Political Rights (1966)	SC: 1 CA: 3 HC: 2	CA: 2	HC: 8	SC: 1 CA: 5 HC: 10	16

European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)*	SC: 3 CA: 1 HC: 2	CA: 2	CA: 1 DC: 1	SC: 3 CA: 4 HC: 2 DC: 1	10
Convention relating to the Status of Refugees (1951)	CA: 1	SC: 1 CA: 1 HC: 1 RSA A: 1	SC: 1 DC: 2	SC: 2 CA: 2 HC: 1 DC: 2 RSA A: 1	8
Extradition treaty between New Zealand and the Republic of Poland (1932)		SC: 3 CA: 3	HC: 2	SC: 3 CA: 3 HC: 2	8
Universal Declaration of Human Rights (1948)	CA: 2		HC: 3	CA: 2 HC: 3	5
Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)		FC: 1	FC: 3	FC: 4	4
Convention on the Recovery Abroad of Maintenance (1956)			FC: 4	FC: 4	4
UNCITR AL Model Law on International Commercial Arbitration (1985)			HC: 4	HC: 4	4
Geneva Convention Relative to the Treatment of Prisoners of War (1949)	CA: 2			CA: 2	2
Convention on Limitation of Liability for Maritime Claims (1976)	SC: 1			SC: 1	1
International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (1968) [the Hague-Visby Rules]	SC: 1			SC: 1	1
Vienna Convention on the Law of Treaties (1969)	SC: 1			SC: 1	1
Protection of Victims of Non-International Armed Conflicts, Protocol II (1977)	CA: 1			CA: 1	1
Rome Statute of the International Criminal Court (1998)	CA: 1			CA: 1	1

Convention on the Elimination of All Forms of Discrimination against Women (1979)	SC: 1			SC: 1	1
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968)		CA: 1		CA: 1	1
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)		CA: 1		CA: 1	1
Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000)			HC: 1	HC: 1	1
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 (1995)	CA: 1			CA: 1	1
Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty (2008)			HC: 1	HC: 1	1
United Nations Standard Minimum Rules for the Treatment of Prisoners (1955)			HC: 1	HC: 1	1
World Anti-Doping Code (2003 as amended 2009)			ST: 1	ST: 1	1
International Civil Aviation Organisation’s runway end safety area standard (1999)			EC: 1	EC: 1	1
International Valuation Standards Committee Valuation Standards (2007)			HC: 1	HC: 1	1
Totals	25	36	66	127	127

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 New Zealand Yearbook of International Law 366-393 (as amended).23 The master list should be amended as follows:

Add “Convention on International Interests in Mobile Equipment (2001)” and “Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (2001)” after the “Memorandum of Understanding between the Governments of Australia and New Zealand on Open Skies (2000)” item.

Add “Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989)” after “Customs Convention on Containers (1972)”

Add “ASEAN–Australia–New Zealand Free Trade Area (2008)” after the “Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008)” item.

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

ILO Convention 97 (1949): Migration for Employment Convention relating to the Status of Refugees (1951)# International Covenant on Civil and Political Rights (1966) Protocol relating to the Status of Refugees (1967)#

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

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)

Add “Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989)” after “Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)”

Add “Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989)” after “Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988)”

Add “Malaysia–New Zealand Free Trade Agreement (2008)” and “Agreement Establishing the ASEAN–Australia–New Zealand Free Trade Area (2009)” after the “Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (2008)” item.

Add “Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989)” after “Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)”

This Part updates the master list of implementing regulations set out in Part V of “In Search of International Standards and Obligations relevant to New Zealand Regulations” (2007–[2008] NZYbkIntLaw 14; 2008) 5 New Zealand Yearbook of International Law 327-372 (as amended).24 The master list should be amended as follows:

Civil Aviation Rules: Part 175—Aeronautical Information Service Organisations—Certification 2007

Replace “2007” in the heading with “2010”. Add the following entry after this entry:

United Nations Framework Convention on Climate Change (1992)# Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)#

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

United Nations Framework Convention on Climate Change (1992)# Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)#

Climate Change (The New Zealand Refining Company Limited) Exemption Order 2009

United Nations Framework Convention on Climate Change (1992)# Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)#

Agreement between the Government of New Zealand and the Government of Anguilla on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the Commonwealth of the Bahamas on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the British Virgin Islands on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the Cayman Islands on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the Cook Islands on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of Gibraltar on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of the Isle of Man on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of Jersey for the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of St Christopher and Nevis on the Exchange of Information with respect to Taxes (2009)$

Agreement between the Government of New Zealand and the Government of Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (2009)$

Agreement between the Government of New Zealand and the Government of the Turks and Caicos Islands on the Exchange of Information with respect to Taxes (2009)$

Convention between Australia and New Zealand for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (2009)$

Protocol amending the Convention between New Zealand and the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (2008)$

These regulations give notice that the arrangement known as the Final Act of International Consultations on the Establishment of the Proposed South Pacific Regional Fisheries Management Organisation is an arrangement that is a global, regional, or sub-regional fisheries organisation or arrangement for the purposes of Part 6A of the Fisheries Act 1996 and that the measures adopted by that arrangement are international conservation and management measures for the purposes of Part 6A of that Act.

Fisheries (High Seas Fishing Notifications—Commission for the Conservation of Southern Bluefin Tuna) Notice 2009

These regulations give notice of a number of international conservation and management measures that the Commission for the Conservation of Southern Bluefin Tuna has adopted. These measures apply to ships that are on the high seas in an area that the Commission covers and that are registered under the Ship Registration Act 1992 or fly the New Zealand flag.

Fisheries (High Seas Fishing Notifications—North East Atlantic Fisheries Commission) Notice 2009

These regulations give notice of a list of international conservation and management measures that the Commission has adopted. These measures apply to ships that are on the high seas in an area that the Commission covers and that are registered under the Ship Registration Act 1992 or fly the New Zealand flag.

These regulations give effect to an Australian Standard, an Australian/ New Zealand joint standard, and several International Organization for Standardization standards.

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

United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004

* 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 excellent proof- reading of Kate Robinson is gratefully acknowledged.

7 The United Nations Human Rights Council is responsible for strengthening the promotion and protection of human rights, which is a responsibility that was previously discharged by the Commission on Human Rights. See <www2.ohchr.org/english/bodies/hrcouncil/>. For a discussion of New Zealand’s previous periodic reporting obligations to the United Nations, see Mark Gobbi “Treaty Action and Implementation” [2004] NZYbkIntLaw 15; (2004) 1 NZYIL 223 at 226-227.

8 For a list of government agencies responsible for preparing periodic reports for these treaties, see Gobbi (2004), above n 7, 315 n 15 (the Ministry of Youth Development now carries out the periodic reporting responsibilities formerly carried out by the Ministry of Youth Affairs). The agency responsible for preparing periodic reports for the Convention on the Rights of Persons with Disabilities is the Ministry for Social Development. See <www.odi.govt.nz/ what-we-do/un-convention/>.

16 New Zealand Ministry of Foreign Affairs and Trade Annual Report 2009/10 A.1 (2010) at 12-17.

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

18 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 NZYIL 349 at 366-393.

19 The regulations listed under this heading supplement the list of regulations 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 Regulations” (2007–[2008] NZYbkIntLaw 14; 2008) 5 NZYIL 327 at 343-372.

20 This list of regulations does not include commencement orders for Acts that implement international obligations, for example: the Cluster Munitions Prohibition Act Commencement Order 2010, the Tariff (A ANZFTA) Amendment Act 2009 Commencement Order 2009, and the Customs and Excise (A ANZFTA) Amendment Act 2009 Commencement Order 2009.

21 This agreement has been replaced by the Convention between Australia and New Zealand for the Avoidance of Double Taxation with respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (signed 26 June 2009, entered into force 19 March 2010), which is implemented by the Double Taxation Relief (Australia) Order 2010.

22 Key: SC = Supreme Court, CA = Court of Appeal, HC = High Court, DC = District Court, FC = Family Court, RSA A = Refugee Status Appeal Authority, ST = Sports Tribunal.

24 For previous amendments to the master list, see Gobbi (2009), above n 3, 425-431; Gobbi (2008), ibid, 421-423.