LAC Guidelines Appendix 3: Treaties
This appendix lists the Acts that expressly implement treaties (and a few that do not).
- Part 1 lists the Acts that specify the particular treaties that they implement and lists these treaties.
- Part 2 categorises and lists the Acts that do not specify the particular treaties that they implement.
- Part 3 lists the Acts that use the formula method.
- Part 4 lists the Acts that use the subordination method.
- Part 5 sets out a template for legislation that implements a treaty.
Part 1: Acts implementing specified treaties
Key * The Act contains a long title or a purpose clause or both that states that it implements a specified treaty or a part of a specified treaty
^ The Act contains provisions defining or locating specified treaties or both.
(text) The text of the treaty can be found in the Act or in another Act.
Accident Insurance Act 1998 ILO Convention 42, 1934
Adoption Act 1955
Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993 (reference to text in Adoption (Intercountry) Act 1997)
Adoption (Intercountry) Act 1997*^ Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993 (text)
Antarctic Marine Living Resources Act 1981*^ Convention on the Conservation of Antarctic Marine Living Resource s, 1980 (text)
Antarctica Act 1960^ Antarctic Treaty, 1959 (text)
Antarctica (Environmental Protection) Act 1994*^ Protocol on Environmental Protection to the Antarctic Treaty, 1991 (text)
Convention for the Conservation of Antarctic Seals, 1972 (no text).
Convention on the Conservation of Antarctic Marine Living Resource s, 1980 (reference to text in Antarctic Marine Living Resources Act 1991)
Antarctic Treaty, 1959 (reference to text in Antarctic Act 1960)
Anti-Personnel Mines Prohibition Act 1998*^
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 1997 (text)
Arbitration Act 1996*
Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law, 1985 (no text)
Protocol on Arbitration Clauses, 1923 (text)
Convention on the Execution of Foreign Arbitral Awards, 1927 (text)
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (text)
Arbitration (International Investment Disputes) Act 1979*^ Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965 (text)
Aviation Crimes Act 1972*^ Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 (no text)
Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, 1971 (no text)
Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviatio>n, 1988 (no text)
Convention on Offences and Certain Other Acts Committed on Board Aircraft, 1963 (no text)
Chemical Weapons (Prohibition) Act 1996*^ The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on the Destruction Contents, 1993 (text)>
Citizenship (Western Samoa) Act 1982* Protocol to the Treaty of Friendship, 1982 (no text)
Treaty of Friendship between New Zealand and Western Samoa, 1962 (no text)
Civil Aviation Act 1990^ [see also Civil Aviation Amendment Act 1999*^ and Carriage by Air Act 1967*]
Convention on International Civil Aviation, 1944 (no text).186
Convention for the Unification of Certain Rules relating to International Carriage by Air, 1929 (text)
Additional Provisions of the Hague Protocol affecting the Warsaw Convention, 1955 (text)
Additional Provisions of Additional Protocol No. 1 affecting the Warsaw Convention, 1975 (text)
Additional Provisions of Additional Protocol No. 2 affecting the Warsaw Convention, 1975 (text)
Additional Provisions of Protocol No. 4 affecting the Warsaw Convention, 1975 (text)
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 (text)
Consular Privileges and Immunities Act 1971*^ Vienna Convention on Consular Relations, 1963 (text)
Continental Shelf Act 1964^ United Nations Convention on the Law of the Sea, 1982 (no text)
Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980*^ Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, 1973 (no text)
Convention Against the Taking of Hostages, 1979 (no text)
Convention on the Safety of United Nations and Associated Personnel, 1994 (no text)
Crimes of Torture Act 1989*^ Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, 1984 (no text)
Crown Minerals Act 1991 Convention on Wetlands of International Importance, 1971 (no text)
Diplomatic Privileges and Immunities Act 1968*^ Vienna Convention on Diplomatic Relations, 1961 (text)
Driftnet Prohibition Act 1991*^ Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, 1989 (no text).
Family Proceedings Act 1980^ United Nations Convention for the Recovery of Maintenance Abroad, 1956 (no text)
Fisheries Act 1996^ Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, 1982 (text)
Food Act 1981* Australia–New Zealand Joint Food Standards Agreement, late 1990s (no text):
Geneva Conventions Act 1958*^ Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, 1949 (text, not including the annexes to the Convention)
Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, 1949 (text, not including the annex to the Convention)
Geneva Convention relative to the Treatment of Prisoners of Wa r, 1949 (text, not including the annexes to the Convention)
Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 (text, not including the annexes to the Convention)
Protocol Additional to the Conventions and relating to the protection of victims of international armed conflicts, 1977 (text, not including the annexes to the Protocol)
Protocol Additional to the Conventions and relating to the protection of victims of non-international armed conflicts, 1977 (text)
Guardianship Amendment Act 1991*^ Convention on the Civil Aspects of International Child Abduction, 1980 (text)
International Covenant on Civil and Political Rights, 1966 (no text)
International Covenant on Economic, Social, and Cultural Rights, 1966 (no text)
Health Benefits (Reciprocity with Australia) Act 1999*^ Agreement on Medical Treatment for Temporary Visitors between the Government of New Zealand and the Government of Australia, 1998 (text)
Agreement on Medical Treatment, 1986.
Health Benefits (Reciprocity with the United Kingdom) Act 1982*^ Agreement on Health Services between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland, 1982 (text)
Immigration Act 1987^ Convention relating to the Status of Refugees, 1951 (text)
Protocol relating to the Status of Refugees, 1967 (text)
Income Tax Act 1994 Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand, 1969 (text in Schedule to the Social Security (Reciprocity with the United Kingdom) Order 1990)
International Crimes and International Criminal Court Act 2000*^ Rome Statute of the International Criminal Court, 1998 (text)
International Energy Agreement Act 1976* Agreement on an International Energy Program, 1974
International Finance Agreements Act 1961*^ Articles of Agreement of the International Monetary Fund, 1945 (text)
Articles of Agreement of the International Finance Corporation, 1945 (text)
Articles of Agreement of the International Finance Corporation, 1955 (text)
Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Monetary Fund, 1961 (text)
Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Bank for Reconstruction and Development, 1961 (text)
Resolution of Board of Governors Setting Forth the Terms and Conditions Governing Admission to Membership in the International Finance Corporation, 1961 (text)
International War Crimes Tribunals Act 1995*^ Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (text) [incorporates the Geneva Conventions of 1949 and the Convention on the Privileges and Immunities of the United Nations, 1946].
Maritimes Crimes Act 1999*^ Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 (no text)
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 (no text)
Maritime Transport Act 199b4^ International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (text)
Protocol to International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968 (text)
Protocol to International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1979 (text)
International Convention on Salvage, 1989 (text; operative provisions not yet in force)
International Convention for the Prevention of Pollution from Ships, 1973 (no text)
Protocol to the International Convention for the Prevention of Pollution from Ships, 1978 (no text)
Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972 (no text)
Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1996 (no text)
Convention on Civil Liability for Oil Pollution Damage, 1969 (no text)
International Convention on Tonnage Measurement of Ships, 1969 (no text).
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (no text)
Maritime Transport (Marine Protection Conventions) Order 1999
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (no text)
International Convention for the Prevention of Pollution from Ships, 1973 (no text)
International Convention on Civil Liability for Oil Pollution Damage, 1992 (no text).
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (no text)
United Nations Convention on the Law of the Sea, 1982 (no text)
Misuse of Drugs Act 1975^ United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 (no text)
Single Convention on Narcotic Drugs, 1961 (no text)
Protocol to the Single Convention on Narcotic Drugs, 1972 (no text)
Convention on Psychotropic Substances, 1971 (no text)
Mutual Assistance in Criminal Matters Act 1992 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents, 1973 (no text)
Convention Against the Taking of Hostages, 1979 (no text)
Convention on the Safety of United Nations and Associated Personnel, 1994 (no text)
United Nations Convention Against Illicit Traffic in Narcotic Drugs Psychotropic Substances, 1988 (no text)
Single Convention on Narcotic Drugs, 1961 (no text)
Protocol to the Single Convention on Narcotic Drugs, 1972 (no text)
Convention on Psychotropic Substances, 1971 (no text)
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, 1984 (no text)
Convention for the Suppression of Unlawful Seizure of Aircraft, 1970 (no text)
Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, 1971 (no text)
Protocol for the Suppression of Unlawful Acts of Violence at Airport Serving International Civil Aviation, 1988 (no text)
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 (no text)
Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 (no text).191
New Zealand Bill of Rights Act 1990* International Covenant on Civil and Political Rights, 1966 (no text)
New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987*^ South Pacific Nuclear Free Zone Treaty, 1985 (text)
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963 (text)
Treaty on the Non-Proliferation of Nuclear Weapons, 1968 (text)
Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Sea-bed and the Ocean floor and in the Subsoil Thereof, 1971 (text)
Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, 1972 (text)
Niue Act 1966
Single Convention on Narcotic Drugs, 1961 (no text)
Protocol to the Single Convention on Narcotic Drugs, 1972 (no text)
Convention on Psychotropic Substances, 1971 (text)
Nuclear-Test-Ban Act 1999*^ Comprehensive Nuclear-Test-Ban Treaty, 1996 (text)
Ozone Layer Protection Act 1996*^ Vienna Convention for the Protection of the Ozone Layer, 1985 (text)
Montreal Protocol on Substances that Deplete the Ozone Layer, 1987 (text in Schedule 5 of the Ozone Layer Protection Regulations 1996)
Patents Act 1953^ Patent Cooperation Treaty, 1970 (the text of which, as amended on the 2nd day of October 1979 and modified on the 3rd day of February 1984, is set out in the First Schedule to the Patents Amendment Act 1992)
Patents Amendment Act 1992 Patent Cooperation Treaty, done at Washington on June 19, 1970, amended on October 2, 1979, and modified on February 3, 1984 (text)
Regulations under the Patent Cooperation Treaty, 1992 (text)
Plant Variety Rights Act 1987^ International Convention for the Protection of New Varieties of Plants, late 1990s.192 (no text)
Radiocommunications Act 1989^ Convention on International Civil Aviation, 1944 (no text)
International Convention for the Safety of Life at Sea, 1974 (no text)
Radio Regulations annexed to the International Telecommunication Convention, 1982 (no text)
Sale of Goods (United Nations Convention) Act 1994*^ United Nations Convention on Contracts for the International Sale of Goods, 1980 (text)
Tariff Act 1988 International Convention on the Harmonised Commodity Description and Coding System, 1983 (no text)
Trade in Endangered Species Act 1989^ Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1973 (no text)
Transport Accident Investigation Commission Act 1990^ Convention on International Civil Aviation, 1944 (no text)
United Nations Act 1946 Article 41 of the Charter of the United Nations, 1946 (no text)
United Nations Convention on the Law of the Sea Act 1996^ United Nations Convention on the Law of the Sea, 1982 (no text)
Miscellaneous The Contributory Negligence Act 1947 has a note appended to it that states:
2. This Act is part of the law of New Zealand in actions pursuant to the Warsaw Convention (as amended on 28/9/55); see s.12 of the Carriage by Air Act 1967
Parliament repealed section 12 of the Carriage by Air Act 1967. The relevant provision is now section 91F of the Civil Aviation Act 1990. Section 4 of the Death by Accidents Compensation Act 1952 sets out a related provision, but the Act does not have a note indicating its relationship to the Warsaw Convention or its implementing legislation. Section 22 of the Carriage by Air Act 1967 was the relevant provision. Parliament replaced it with section 91E of the Civil Aviation Act 1990.
Part 2: Acts implementing unspecified treaties
Key:
* The provision does not limit subject matter
^ The provision limits subject matter
Type 1: take into account/have regard to
A number of the Acts that do not specify a treaty require Ministers or officials, in exercising certain functions, powers, and duties, to "have regard to" or "take into account" New Zealand's international obligations. Most of these do not expressly limit the subject matter of the treaties that must be taken into account. For example, section 15A(3) of the Dairy Industry Restructuring Act 1999* states:
In giving any consent pursuant to this section, the chief executive of the new Ministry shall take into account New Zealand's international obligations under any international treaty, agreement, convention, or protocol.
An example of the subject matter being limited can be found in section 298(3) of the Maritime Transport Act 1994^, which states:
In preparing or reviewing the national plan under section 297 of this Act, the Director shall consider the following matters:
(a) New Zealand's obligations under international conventions and agreements in relation to responses to marine oil spills in the internal waters of New Zealand or New Zealand marine waters: ...
Provisions of this type can be found in the following Acts:
Agricultural Compounds and Veterinary Medicines Act 1997, s. 20* Animal Welfare Act 1999, s. 118 (2)* Biosecurity Act 1993, ss. 22,* 57* Dairy Industry Restructuring Act 1999, s. 15A(3)* Food Act 1981, s. 11E* Hazardous Substances and New Organisms Act 1996, s. 6* Maritime Transport Act 1994, s. 298(3)^ Privacy Act 1991, s. 14*
Type 2: consistent with
Some of the Acts that do not specify a treaty contain provisions that require action that is "consistent with" New Zealand's international obligations. For example, section 5 of the Fisheries Act 1996^ states:
This Act shall be interpreted, and all persons exercising or performing functions, duties, or powers conferred or imposed by or under it shall act, in a manner consistent with—
(a) New Zealand's international obligations relating to fishing; ...
The Manapouri-Te Anau Development Act 1963* is a special case. The Schedule to the Act sets out an agreement between the Crown and company to build a hydroelectricity generation facility. Clause 20 of the Agreement gives the company the right to import free of sales tax and all duties except in cases in which the freedom would conflict with New Zealand's international obligations.
A few Acts have provisions that give the Minister to direct or specify Crown entities to act in ways that are consistent with or would give effect to New Zealand's international obligations. For example, section 12 of the Wool Board Act 1997* states:
(1) The Minister of the Crown who (under the authority of any warrant or with the authority of the Prime Minister) is in charge of international trade may give the Board a written notice, specifying—
(a) A particular international obligation of New Zealand; and
(b) An element of the performance of the Board's functions or the exercise of the Board's powers to which, in the Minister's opinion, the obligation is relevant.
(2) Until the notice is revoked, the Board must ensure that its performance or exercise of the element is consistent with the obligation.
Acts with these kinds of provisions include the following:
Crown Research Institutes Act 1992, s. 15* Dairy Industry Restructuring Act 1999, ss. 12*, 35* Fisheries Act 1996, s. 5^ Human Rights Act 1993, Long Title^ Manapouri-Te Anau Development Act 1963, Schedule (cl. 20)* Meat Board Act 1997, s. 12* New Zealand Antarctic Institute Act 1996, s. 6* Pork Industry Board Act 1997, s. 12* Temporary Safeguard Authorities Act 1987, s. 6(1)* Wool Board Act 1997, s. 12*
Type 3: ";give effect to" and the subordination method
A number of the Acts that do not specify a treaty have provisions that evidence the use of the subordination method. For example, section 28(1)(g) of the Marine Mammals Protection Act 1978 states:
The Governor-General may, from time to time by Order in Council, make regulations for all or any of the following purposes: ...
(g) Giving effect to the terms of any international agreement to which New Zealand is a party:
Acts with this type of provision include the following:
Apple and Pear Industry Restructuring Act 1999, 25(1)(u)* Child Support Act 1991, s. 215(1)^ Copyright Act 1994, s. 232^ Designs Act 1953, s. 20* Enemy Property Act 1951, s. 3(1)(c)^ Fisheries Act 1983, s. 89(5)* Geographical Indications Act 1994, s. 20(m)^ Kiwifruit Industry Restructuring Act 1999, 26(1)(u)* Land Transport Act 1998, ss. 154(k), 164(1), 169(3)^ Layout Designs Act 1994, s. 37* Marine Mammals Protection Act 1978, s. 28(1)(g)* Resource Management Act 1991, s. 360(2B)^ Social Security Act 1964, s.77^ Social Welfare (Transitional Provisions) Act 1990, s. 19(1)^ Tariff Act 1988, s. 9(2)* Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977, ss. 9(4)*, 30^ Tokelau Act 1948, s. 3B(1)(c)* Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977, s. 7(3) Trade Marks Act 1953, s. 72*
A few of the Acts that do not specify a treaty simply state that they are designed to give effect to New Zealand's international obligations. For example, the Long Title of the Submarine Cables and Pipelines Protection Act 1996^ states that it is:
An Act— ...
(b) To continue, or enable, the implementation of obligations on New Zealand under various international conventions relating to protection of submarine cables and pipelines; ...
Type 4: intellectual property (GATT)
Some of the Acts that do not specify a treaty give effect to the intellectual property provisions of the GATT, which refers to various treaties dealing with different aspects of intellectual property law, although these Acts do not indicate that this is the case. These Acts include the following:
Copyright Act 1994^ Designs Act 1953* Geographical Indications Act 1994^ Layout Designs Act 1994* Trade Marks Act 1953*
Type 5: definitions
A number of the Acts that do not specify a treaty have provisions that define terms in a way that indicates that the Acts are concerned, at least in part, with New Zealand's international obligations generally. For example, section 2(1) of the Extradition Act 1999^ states:
"Extradition treaty" or "treaty"—
(a) Means any treaty or agreement for the time being in force between New Zealand and any country or countries for the surrender of persons accused or convicted of offences; and
(b) Includes a treaty described in paragraph (a) that applies in respect of part only of a country:
Section 296H of the Fisheries Act 1996^ provides a more involved example. It states:
"Intellectual property"—
(a) Has the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994; and
(b) Includes all intellectual property rights, including (without limitation) rights relating to circuit layouts and semi-conductor chip products, confidential information, copyright, geographical indications, patents, plant varieties, registered designs, registered and unregistered trade marks, and service marks:
Acts with these kinds of provisions include the following:
Armed Forces Discipline Act 1971, s. 93A^ Child Support Act 1991, s. 214^ Citizenship Act 1977, s. 3^ Copyright Act 1994, ss. 2(1)^, 169^ Extradition Act 1999, s. 2(1)^ Fisheries Act 1996, s. 296H^ Geographical Indications Act 1994, s. 2(1) Income Tax Act 1994, s. BH 1 Marine Mammals Protection Act 1978, s. 2(1) Niue Act 1966, s. 689A^ Tax Administration Act 1994, s. 173B^ Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977, s. 2(1)* Trans-Tasman Mutual Recognition Act 1997, s. 2(1)^
Section 77 of the Trans-Tasman Mutual Recognition Act 1997^ is a unique provision, which subordinates the Act to several Acts that implement specific treaties. It is based on section 44(1) of the Trans-Tasman Mutual Recognition Bill 1996 (Aust). It states:
This Act does not affect the operation of any law, or any provision of any law, specified or described in a category in Schedule 1.
The relevant provision in Schedule 1 states:
This category concerns laws relating to international obligations, to the extent that those laws would be affected by the Trans-Tasman mutual recognition principle in relation to goods. The laws specified or described below are excluded from the operation of this Act:
United Nations Act 1946 Trade in Endangered Species Act 1989 Ozone Layer Protection Act 1990
Type 6: obligations
Some of the Acts that do not specify a treaty have provisions that authorise action or permit the imposition of various requirements in terms of New Zealand's international obligations. For example, section 5 of the Defence Act 1990^ states:
The Governor-General may ..., in the name and on behalf of the Sovereign, continue to raise and maintain armed forces, either in New Zealand or elsewhere, for the following purposes: ...
(c) The contribution of forces under collective security treaties, agreements, or arrangements:
(d) The contribution of forces to, or for any of the purposes of, the United Nations, or in association with other organisations or States and in accordance with the principles of the Charter of the United Nations: ...
Acts with these kinds of provisions include the following:
Customs and Excise Act 1996, ss. 116,* 281,^ 282* Customs Law Act 1908, s. 204^
Type 7: silent
A number of the Acts that implement treaties provide no indication that they do so. The Abolition of the Death Penalty Act 1989 is an example in which the Act is silent as to the existence of a specific treaty or type of treaty. The Act implements the Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty, 1989. However, it does not refer to any treaties in any way. Article 1 of the Protocol states:
1. No one within the jurisdiction of a State party to the present Protocol shall be executed.
2. Each State party shall take all necessary measures to abolish the death penalty within its jurisdiction.
To give effect to this article, the Act amended the Crimes Act 1961 (removed the death penalty for treason), the Armed Forces Discipline Act 1971 (removed the death penalty for treachery), the Extradition Act 1965 (created the power to decline extradition to face the death penalty), and the Fugitive Offenders Act 1881 (UK) (created the power to decline extradition to face the death penalty).[68] None of these Acts mention the Protocol. The language used in the amendments to these Acts give effect to article 1, but they do not mirror its wording, largely as they take the form of amending provisions. For example, section 5(3) of the Abolition of the Death Penalty Act 1989 reads as follows:
Section 24(1) of the principal Act is hereby amended by omitting the words ";be sentenced to death", and substituting the words ";imprisonment for life".
The New Zealand/Singapore Closer Economic Partnership Act 2000 is another example.
Part 3: Acts that use the "force of law" formula method
Acts that use the "force of law" formula method include the following:
Adoption (Intercountry) Act 1997, s. 4 Arbitration (International Investment Disputes) Act 1979, s. 10 Civil Aviation Act 1990, ss. 91c(1)-(2), 91o(3) Consular Privileges and Immunities Act 1971, s. 4 Diplomatic Privileges and Immunities Act 1968, s. 5 Maritime Transport Act 1994, ss. 209, 216 Sale of Goods (United Nations Convention) Act 1994, s.4
Part 4: Acts that use the subordination method
The following Acts use the subordination method in some way (the ones marked with an asterisk (*) specify a treaty, and the ones marked with a caret (^) implement various parts of the intellectual property provisions of the GATT). Some of these Acts have empowering provisions that, by implication, appear to allow the making of regulations that override any parliamentary enactment (the ones marked with a hashmark (#):
Antarctica (Environmental Protection) Act 1994, s. 54* Apple and Pear Industry Restructuring Act 1999, s. 25(1)(u) Child Support Act 1991, s. 215(1)# Civil Aviation Act 1990, s. 91t* Copyright Act 1994, s. 232^ Customs and Excise Act 1996, ss. 116, 281, 282 Customs Law Act 1908, s. 204# Defence Act 1990, s. 5 Designs Act 1953, s. 20^ Diplomatic Privileges and Immunities Act 1968, ss.5#, 10a(aa)*# Driftnet Prohibition Act 1991, s. 2 Enemy Property Act 1951, s. 3(1)(c) Extradition Act 1996, ss. 11#, 12#, 15#, 105# Fisheries Act 1996, s. 297(1)(o) Fisheries Act 1983, s. 89(5) Geneva Conventions Act 1958, s. 9 Geographical Indications Act 1994, s. 20(m)^ Income Tax Act 1994, s BH 1# International Energy Agreement Act 1976, s. 4*#, 5# Kiwifruit Industry Restructuring Act 1999, 26(1)(u) Land Transport Act 1998, ss. 154(k), 164(1), 169(3) Layout Designs Act 1994, s. 37^ Marine Mammals Protection Act 1978, s. 28(1)(g) Maritime Transport Act 1994, s. 36(1)(b) and (u)(i)* Mutual Assistance in Criminal Matters Act 1992, s. 65*# Ozone Layer Protection Act 1996, s.16* Patents Act 1953, s. 77*^ Plant Variety Rights Act 1987, s 38(n) Resource Management Act 1991, s. 360(2b) Social Security Act 1964, s. 77 Social Welfare (Transitional Provisions) Act 1990, ss. 4#, 19(1)# Tariff Act 1988, s. 9(2) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977, ss. 9(4), 30# Tokelau Act 1948, s. 3b(1)(c) Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977, s. 7(3) Trade Marks Act 1953, s. 72^ United Nations Act 1946, s. 2(1)*# Visiting Forces Act 1939, s. 4(4)-(5)
Some of the Acts implementing specified treaties contain provisions that are designed to allow for changes to the treaties that they implement. These future proofing provisions take 2 basic forms: those that have an interpretation provision that defines the treaty being implemented as the treaty including any changes made to it; and those that provide a regulations making power that allows the Executive to update the text of the treaty as set out in the Act. Acts that have these types of provisions include the following (the ones marked with an asterisk (*) have the interpretation type of provision, and the ones marked with a caret (^) have the regulations type provision):
Antarctica (Environmental Protection) Act 1994, s. 55^ Anti-Personnel Mines Prohibition Act 1998, ss 2(1)*, 26^ Chemical Weapons (Prohibition) Act 1996, ss. 2*, 29^ Civil Aviation Act 1990, ss. 2*, 91T^ Driftnet Prohibition Act 1991, s. 2* International Energy Agreement Act 1976, s. 2* Maritime Transport Act 1994, ss. 2(1)*, 222*, 225*, 257*, 342*, 370* Misuse of Drugs Act 1975, s. 4(4)^ Nuclear-Test-Ban Act 1999, ss. 2*, 22^ Ozone Layer Protection Act 1996, ss. 2(1)*, 20^ Patents Act 1953, s. 2* Radiocommunications Act 1989, s. 2(1)* Tariff Act 1988, s. 2(1)* Transport Accident Investigation Commission Act 1990, s 2*
Part 5: Treaty legislation template
1. Title. The title of the Act could indicate that it deals with a treaty. For example, the Act implementing the United Nations Convention on the Law of the Sea is entitled the United Nations Convention on the Law of the Sea Act 1996.
2. Interpretation. The interpretation section of the Act could define and locate the treaty being implemented. For example, section 2 of the Sale of Goods (United Nations Convention) Act 1994 states:
In this Act, "Convention" means the United Nations Convention on Contracts for the International Sale of Goods done at Vienna on the 11th day of April 1980, a copy of the English text of which is set out in the Schedule to this Act.
3. Purpose. The Act could have a clause that states that the purpose of the Act is to implement a specified treaty. For example, section 5(1) of the Anti-Personnel Mines Prohibition Act 1998 states:
The purpose of this Act is to implement New Zealand's obligations under the Convention.
4. Powers. The Act could have a clause that indicates that the relevant functions, powers, and duties of Ministers or officials that the Act confers should be exercised in accordance with or with regard to the treaty being implemented. For example, section 5(2) of the Anti-Personnel Mines Prohibition Act 1998 states:
Every person exercising a power or discretion conferred under this Act must have regard to New Zealand's obligations under the Convention.
5. Proving. The Act could have a clause that provides a mechanism for proving matters pertaining to treaties. For example, section 15 of the Arbitration Act 1996 states:
A certificate purporting to be signed by the Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, that, at the time specified in the certificate, any country had signed and ratified or had denounced, or had taken any other treaty action under, the Protocol on Arbitration Clauses (1923) or the Convention on the Execution of Foreign Arbitral Awards (1927) in respect of the territory specified in the certificate is presumptive evidence of the facts stated.
6. Future. The Act could have a clause or two that future proofs the Act. For example, section 2(1) of the Anti-Personnel Mines Prohibition Act 1998 states:
"Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, done at Oslo on 18 September 1997 (a copy of the English text of which is set out in the Schedule); and includes any amendments to the Convention made in accordance with Article 13 of the Convention that are, or will become, binding on New Zealand from time to time.
Section 26(2) of the Act states:
The Governor-General may from time to time, by Order in Council,—
(a) Amend the Schedule by making such amendments to the text of the Convention set out in that schedule as are required to bring that text up to date:
(b) Revoke the Schedule, and substitute a new schedule setting out in an up-to-date form the text of the Convention.
7. Subordination. In cases in which technical matters are involved, the Act could delegate powers enabling implementation of the treaty or to enable New Zealand to become a party to another treaty. For example, section 36(1) of the Maritime Transport Act 1994 states:
The Minister may ... make maritime rules for all or any of the following purposes: ...
(b) The implementation of technical standards, codes of practice, performance standards, and other requirements of the conventions: ...
(u) Prescribing or providing for such matters as may be necessary—
(i) To enable New Zealand to become a party to any international convention, protocol, or agreement relating to maritime transport: ...
8. Schedule. The Act could have a schedule that sets out the treaty being implemented. Alternatively, the Act could have a clause that indicates that the treaty is set out in the schedule to another Act.
9. Notes. The compare notes to the provisions of the Act could indicate the treaty provisions to which the provisions of the Act relate.
Footnote
68. The Extradition Act 1999 has replaced the Extradition Act 1965 and the Fugitive Offenders Act 1881 (UK).
