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New Zealand Yearbook of International Law |
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Mark Gobbi[*]
As noted in the article ‘In Search of International Standards and Obligations relevant to New Zealand Acts’, the Cabinet Office Manual stipulates that proposed bills should comply with the relevant international standards and obligations.[1] This stipulation also applies to regulations.[2] Consequently, the recommendations previously made to ensure that proposed bills meet this requirement also apply to proposed regulations. Part II summarises those recommendations while outlining how the master list of regulations known to have implications for New Zealand’s international obligations came to be. Part III records some observations regarding the master list. Part IV, among other things, recommends that agencies that administer Acts containing provisions empowering the making of regulations that implement international standards or obligations should create and maintain up-to-date lists of the regulations made under those provisions. Part V sets out the list itself.
The idea for the master list of regulations presented in Part V came to mind sometime after the Legislation Advisory Committee began circulating its revised guidelines for legislative change in 1992.[3] The revised guidelines contained a list of Acts with ‘possible implications for New Zealand treaties’.[4] The tentativeness of this statement, and the absence of information identifying the relevant international instruments, led to the creation of a database that associates Acts known to have implications for New Zealand’s international obligations with the international instruments that are relevant to those Acts.[5] To ensure that New Zealand legislates in a manner that is consistent with its international obligations, the presentation of that work recommended that the relevant government agencies should:[6]
• Check and update the list of the Acts that they administer;
• Identify those Acts that concern New Zealand’s international obligations;
• Add value to their lists of identified Acts (for example, by linking the provisions of the identified Acts with the corresponding provisions in the relevant international instruments);
• Keep abreast of the Executive’s activities in the international arena that relate to their lists of identified Acts;
• Make their lists publicly available (particularly on the Internet); and
• Update their lists regularly.
Unlike the Acts that are relevant to our international obligations, the majority of the regulations that are relevant to New Zealand’s international obligations contain some indication of the relevant international instruments. Of these regulations, 80.73% supplied this information (155 out of 192).[7] Of the Acts, only 29.80% did (59 out of 198).[8] The larger number of extant regulations that had to be examined offset this time-saving gain (2,686 regulations[9] as compared to 1,092 Acts[10]).
The master list of regulations does not include extant commencement orders related to Acts that implement international obligations[11] and extant revocation orders related to regulations that implemented international obligations.[12] It also does not include regulations regarding the administration of Pacific Island countries,[13] the recognition of overseas adoptions,[14] the status or treatment of certain Commonwealth countries,[15] the imposition of professional, consumer, environmental protection, or vehicle standards,[16] the reciprocal enforcement of judgments,[17] the designation of countries for the purposes of mutual assistance in criminal matters,[18] the application of New Zealand law (with modifications) to international bodies or persons in the employ of international bodies,[19] the restriction of the use of the names or emblems of international organisations,[20] the registration of overseas maintenance orders,[21] the protection of property of incapacitated persons in certain countries,[22] the evidentiary status of overseas registries,[23] the creation of alternative arrangements for overseas pensions,[24] the establishment of scholarships to study overseas,[25] and the application of certain extradition procedures,[26] as these are not necessarily the result of, or required by, an international agreement. However, unlike the commencement and revocation orders, this group of regulations is included in the overall total of regulations. The master list is current as of 22 January 2008 and, barring the unexpected, is intended to be updated annually in subsequent editions of the Yearbook.
Taken together, the master list for Acts and the master list for regulations offer practical guidance to those engaged in the law-making process, particularly to those who must assure ministers that legislative proposals are consistent with New Zealand’s international obligations. They also provide a means to assess the extent to which New Zealand’s domestic law is sourced from its international obligations. Observations based on the master list for Acts are recorded in the previous volume of the Yearbook. Observations based on the master list for regulations follow.
Excluding commencement orders, revocation orders, and deemed regulations (other than the rules governing the transport sector),[27] New Zealand has 2,686 regulations (as at the end of 22 January 2008).[28] The decade-by-decade distribution of these regulations, focusing on their initial enactment date, is as follows (C1):[29]
The trend in C1 is an upward sloping curve (even with the inclusion, as here, of the data for the 2000s).[30] It reflects the general practice of displacing older regulations with newer ones rather than a steady increase in the volume of regulations that are made. While the decade-by-decade volumes might be higher over the next 100 years, one would expect, given the curve in C1, that in the year 2163 (for example) the number of extant regulations enacted in the 2000s would be considerably less than the number of extant regulations enacted in the 2100s. The curve for regulations is also steeper than the curve for Acts,[31] which reflects the comparatively perishable nature of regulations and the relative ease with which they may be removed from or added to the statute book.
Of the 2,686 regulations in existence, 192 (7.12%) are directly relevant to New Zealand’s compliance with international standards and obligations. Those regulations are set out in Part V. The decade-by-decade distribution of those 192 regulations, focusing on their initial enactment date, is as follows (C2):[32]
The distribution depicted in C2 is in line with that in C1. As the greater concentration of extant regulations is found in the more recent decades, one would expect to find a greater number of regulations in those decades with relevance to international standards and obligations. Contributing factors would be New Zealand’s move to full independence in 1947 and the general worldwide growth in international activity in recent decades. The 2000s data, although two years short of a full decade, exceeds the 1990s in nominal terms.
The decade-by-decade distribution of the regulations set out in Part V as a percentage of the decade-by-decade distribution of regulations generally is as follows (C3):[33]
Including the incomplete 2000s, the general trend since the 1910s is upward sloping. As noted above, 7.12% of extant regulations are directly relevant to New Zealand’s international standards or obligations. The 1930s and the 1950s exceed this figure, which appears to be a function of the relative permanence of regulations that implement international obligations compared with those that do not. While the 1960s and the 1970s are below the figure, they are likely to exceed it as non-implementing regulations from those decades are removed from the statute book. The 1980s and 1990s exceed the figure, while the incomplete 2000s do not (although the 2000s may exceed the figure in the decades to come as non-implementing regulations are revoked). Of course, these results depend on the criteria used for determining the relevance of a particular regulation. With respect to the regulations listed in Part V and depicted in C2 and C3, the overriding consideration for inclusion was whether or not the Executive made the regulation to give effect to a particular international instrument (or, in some cases, an aspect of a particular international instrument).
The decade-by-decade percentages depicted in C3 suggest that the 1980s were a particularly busy period for making regulations relevant to New Zealand’s international obligations, which also appears to be the case for Acts.[34] However, unlike the data for Acts, the 1990s and 2000s data for regulations depicted in C2 shows that the nominal number of these kinds of regulations is greater than their nominal number in the 1980s.[35] While the overall volume of legislation has an influence, the displacement of older regulations by newer ones also determines the resulting percentages (which should change over time). These factors appear to account for the peaks and troughs depicted in C3.
The total number of unique international instruments relevant to the regulations in Part V is 206. Of these instruments, 104 are multilateral, one is quadrilateral, one is trilateral, and 100 are bilateral. Of the multilateral instruments, 15 are resolutions of the Security Council authorised under article 41 of the Charter of the United Nations (1945), seven are codes authorised under maritime conventions, two are model regulations, and one is a set of technical instructions authorised under a civil aviation convention. Of the bilateral agreements, 76 concern double taxation, 13 deal with social security, five concern extradition, two involve closer economic relations, two concern fisheries, one deals with the security of military information, and one involves civil aviation. The decade-by-decade distribution of the instruments, focusing on the date that their text was settled,[36] is as follows (C4):[37]
The trend is moving upward steadily. If not direct evidence of the worldwide growth in international activity generally, the trend in C4 confirms New Zealand’s increasing acceptance of international standards and obligations that require legislation in order to be met effectively.[38] The range of subjects covered by the international instruments listed in Part V is wide (ranging, for example, from pollution to taxation to diplomatic immunity to biosafety to civil aviation). The following 13 instruments have the most linkages to the regulations listed in Part V (T1):[39]
International Instrument
|
Regs
|
Vienna Convention on Diplomatic Relations (1961)‡
|
33
|
International Convention for the Prevention of Pollution from Ships
(1973)∆
|
18
|
Convention on International Civil Aviation (1944)∆
|
12
|
ICAO Technical Standards for the Safe Transport of Dangerous Goods by
Air∆
|
9
|
International Convention for the Safety of Life at Sea
(1974)∆
|
8
|
Agreement between the Australian and New Zealand Governments on Mutual
Recognition of Aviation-Related Certification (2007)∆
|
6
|
Vienna Convention on Consular Relations (1963)‡
|
4
|
IMO International Maritime Dangerous Goods Code∆
|
4
|
United Nations Convention on Psychotropic Substances (1971)*
|
3
|
Convention on the Harmonized Commodity Description and Coding System
(1983)#
|
3
|
Convention on the Conservation of Antarctic Marine Living Resources
(1980)†
|
3
|
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(1994)#
|
3
|
Trans-Pacific Strategic Economic Partnership Agreement between Brunei
Darussalam, Chile, New Zealand and Singapore (2005)#
|
3
|
Six of the 13 international instruments set out in T1 deal with aspects of international transportation (∆), including five of the first six. Three deal with trade (#), two with diplomacy (‡), one with illegal drugs (*), and one with the environment (†). One of those international instruments is bilateral and one is quadrilateral. The rest are multilateral, and of those, two are in the form of a code and one is in the form of technical standards.
The decade-by-decade distribution of the Acts empowering the making of the regulations set out in Part V is as follows (C5):[40]
The data shows an upward trend. It is consistent with the data for Acts, which shows that the number of Acts implementing international standards or obligations is increasing with each passing decade.[41] The distribution in
C5 depicts 43 unique empowering Acts,[42] of which nine are now repealed.[43]
The following 15 Acts are (or were) the most frequently used Acts to make regulations implementing New Zealand’s international obligations (T2):
Empowering Acts
|
Regs
|
Income Tax Act 1976, s 294 (repealed)*
|
23
|
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30,
100(1)(d)∆
|
20
|
Diplomatic Privileges and Immunities Act 1968, ss 5(3), 9, 9A, 9AB, 10A,
10D, 10E†
|
19
|
United Nations Act 1946, s 2
|
14
|
Diplomatic Immunities and Privileges Act 1957
(repealed)†
|
14
|
Maritime Transport Act 1994, s 386∆
|
12
|
Income Tax Act 1994, ss BH1, BB 11 (repealed)*
|
11
|
Social Welfare (Transitional Provisions) Act 1990, s 19
|
8
|
Tariff Act 1988, ss 7(5), 9, 10
|
7
|
Fisheries Act 1996, ss 113C, 297
|
5
|
Income Tax Act 2004, s BH 1*
|
5
|
Land and Income Tax Act 1954, s 172 (repealed)*
|
3
|
Extradition Act 1965, s 3 (repealed)
|
3
|
Patents Act 1953, ss 77, 114(1), 115
|
3
|
Consular Privileges and Immunities Act 1971, s 7†
|
3
|
The regulations made under the various tax Acts (*) may be viewed as being made under a single Act, in which case the number of extant implementing regulations made under that Act is 42. The regulations made under the diplomacy Acts (†) may also be viewed in this way, in which case the number of extant implementing regulations made under that Act is 36. The transport Acts listed above garner a total of 32 extant implementing regulations. The italicised Acts are of special interest because they contain overriding empowering provisions. Overriding empowering provisions can be divided into the following categories:[44]
Category 1: The empowering provision, by implication, allows the making of regulations that override the provisions of any enactment. Section 204 of the Customs Laws Act 1908 and sections 5 and 10A of the Diplomatic Privileges and Immunities Act 1968 are known examples. No relevant regulations appear to be in force under the empowering provision of the Customs Laws Act 1908. Nineteen extant regulations came into force under the Diplomatic Privileges and Immunities Act 1968. Although the regulations are silent on the point, in the case of conflict between a provision in one of these regulations and a provision in any Act, the provision in the regulations would presumably prevail (one of the advantages of diplomatic immunity is a modicum of freedom from the application of certain laws).
Category 2: The empowering provision expressly allows the making of regulations that only override the provisions of the Act that contains the empowering provision. Sections 11, 12, 15 and 105 of the Extradition Act 1999, section 65 of the Mutual Assistance in Criminal Matters Act 1992, sections 4 and 19 of the Social Welfare (Transitional Provisions) Act 1990, and sections 9(4) and 30 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 are known examples. One relevant regulation appears have come into force under the Extradition Act 1999, while three came into force under section 3 of the Extradition Act 1965, which the 1999 Act has replaced. Section 3(3) of the 1965 Act provides a comparable override provision. Although not directly relevant,[45] six regulations came into force under section 7 of the Mutual Assistance in Criminal Matters Act 1992. Eight regulations came into force under the Social Welfare (Transitional Provisions) Act 1990. These regulations give effect to certain bilateral social security agreements and provide that the provisions of the Act and the Social Security Act 1964 (and their regulations) have effect subject to those modifications that are required to give effect to the agreements. No regulations appear to be in force under the empowering provisions of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977 (due in part to this Act being overtaken by subsequent legislation).
Category 3: The empowering provision expressly allows the making of regulations that override the provisions of any enactment. Section 215 of the Child Support Act 1991, section BH 1 of the Income Tax Act 1994, sections 4 and 5 of the International Energy Agreement Act 1976 and section 2 of the United Nations Act 1946 are known examples. One relevant regulation came into force under the Child Support Act 1991. It modifies several provisions of the Act to implement an agreement with Australia on child and spousal support. Although now repealed, 37 extant regulations came into force under the Income Tax Act 1994 and its predecessors. Presumably, in the case of a conflict between a provision in a bilateral tax agreement implemented by one of these regulations and a provision in any Act, the provision in the agreement would prevail. This does not appear to extend to five regulations made under section BH 1(4) of the Income Tax Act 2004, which prescribes the override more tightly. In the 2004 Act, the override is now expressly limited to the provisions of the Income Tax Act 2004, any other Inland Revenue Act, the Official Information Act 1982, and the Privacy Act 1993.[46] Parliament has re-enacted this provision as section BH 1(4) of the Income Tax Act 2007, which comes into force on 1 April 2008. No relevant regulations appear to be in force under the empowering provision of the International Energy Agreement Act 1976. Fourteen relevant regulations came into force under the empowering provisions of the United Nations Act 1946. These regulations give effect to certain United Nations Security Council resolutions, as required under article 41 of the United Nations Charter (1945).
The regulations listed in Part V are made pursuant to empowering provisions that delegate responsibility for implementing the relevant international obligations to the Executive. A handful of the Acts containing these empowering provisions allow for the making of regulations that can override the empowering Act or any enactment. While recognising that their use may be warranted in special circumstances, the Regulations Review Committee considers this practice as being in conflict with ‘the fundamental constitutional principal that secondary legislation should not amend or override primary legislation’.[47] In any case, all valid regulations must be made pursuant to empowering provisions in Acts that authorise their making. The judiciary may decline to enforce regulations that are not so authorised or are inconsistent with a provision found in an Act[48] (unless authorisation permits otherwise). In the absence of an express prohibition, which is unlikely,[49] the judiciary also appears able to decline the enforcement of regulations that are inconsistent with New Zealand’s international obligations.[50]
According to the Cabinet Office Manual, proposed regulations should comply with the relevant international standards and obligations. Agencies should take steps to ensure that they are in a position to meet this requirement. To assist in this task, a master list of regulations that have implications for New Zealand’s international obligations is set out in Part V. Furthermore, as regulations that have implications for New Zealand’s international obligations are usually made under Acts that have implications for New Zealand’s international obligations, agencies should also know which of the Acts that they administer have these implications. A master list of these Acts is set out in ‘In Search of International Standards and Obligations relevant to New Zealand Acts’.[51]
As with the master list for Acts, the master list for regulations is meant to serve as a tool for agencies to create agency-specific lists, not as a definitive, need-do-no-more, statement of the position. Owing to the ongoing nature of both the regulation-making and international agreement processes, the position is constantly changing. In addition, agencies may see value in building more detail into their lists and making their work publicly available. This may, in turn, inspire similar work by others and increase the likelihood that the government of the day will receive the advice that it needs to be sure that its proposed regulations comply with the relevant international standards and obligations. Once engaged in the process of creating or updating their lists, these agencies, given their expertise, should also be able to refine or augment the master list.[52]
One way to begin this process is to follow the recommendations noted above for Acts. To reiterate these recommendations in terms of regulations, agencies should:
• Check and update the list of the regulations that they administer;
• Identify those regulations that concern New Zealand’s international obligations;
• Add value to their lists of identified regulations;
• Keep abreast of the Executive’s activities in the international arena that relate to their lists of identified regulations;
• Make their lists publicly available; and
• Update their lists regularly.
A. Regulations Implementing New Zealand’s International Obligations
The regulations known to have implications for New Zealand’s international obligations are set out below. The regulations are listed in alphabetical order and in bold font. Each of the regulations is followed by an indication in italic font of the Act under which the regulations were made and a list in plain font of the international instruments relevant to those regulations. Many of the agreements are tagged with one or more of the following symbols:
* which means that the regulations contain an indication of the relevant international obligation;
# which means that the text of the agreement can be found in the Act under which the relevant regulations are made;
^ which means that the text of the agreement can be found in an Act other than the Act under which the relevant regulations are made;
$ which means that the text of the agreement can be found in the relevant regulations.
Adoption (Intercountry) Regulations 1998*
Adoption (Intercountry) Act 1997, s 24
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)#
Arbitration (Foreign Agreements and Awards) Order 1983*
Arbitration (Foreign Agreements and Awards) Act 1982, s 12(1) (repealed)[53]
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)#^
Arbitration (Foreign Awards) Order 1977*
Arbitration Clauses (Protocol) and the Arbitration (Foreign Awards) Act 1933 (repealed)[54]
Convention on the Execution for Foreign Arbitral Awards (1927)#^
Carriage by Air (New Zealand Currency Equivalents) Notice (No 2) 1998*
Carriage by Air Act 1967, s 10(4) (repealed)[55]
Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air (1929 as amended 1955, 1979)#^
Guadalajara Convention, Supplementary to the Warsaw Convention (1961)#^
Child Support (Reciprocal Agreement with Australia) Order 2000*
Child Support Act 1991, s 215
Agreement between New Zealand and Australia on Child and Spousal Maintenance (2000)$
Civil Aviation (ANZA Mutual Recognition Agreement) Order 2007*
Civil Aviation Act 1990, s 100(1)(ed)
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 1—Definitions and Abbreviations 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 12—Accidents, Incidents, and Statistics 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Civil Aviation Rules: Part 19—Transition Rules 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 47—Aircraft Registration and Marking 2002*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Civil Aviation Rules: Part 63—Flight Engineer Licences and Ratings 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 65—Air Traffic Services Personnel Licences and Ratings 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Civil Aviation Rules: Part 66—Aircraft Maintenance Personnel Licensing 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Civil Aviation Rules: Part 91—General Operating and Flight Rules 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 92—Carriage of Dangerous Goods 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 108—Air Operator Security Programme 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 119—Air Operator—Certification 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 121—Air Operations—Large Aeroplanes 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 125—Air Operations—Medium Aeroplanes 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 129—Foreign Air Transport Operator—Certification 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007)
Civil Aviation Rules: Part 133—Helicopter External Load Operations 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 135—Air Operations—Helicopters and Small Aeroplanes 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 140—Aviation Security Service Organisations—Certification 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air
Civil Aviation Rules: Part 172—Air Traffic Service Organisation—Certification 2006*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Civil Aviation Rules: Part 175—Aeronautical Information Service Organisations—Certification 2007*
Civil Aviation Act 1990, ss 28, 29, 29A, 29B, 30
Convention on International Civil Aviation (1944)
Climate Change (Unit Register) Regulations 2007*
Climate Change Response Act 2002, s 50
Protocol to the United Nations Framework Convention on Climate Change (1997)#
Consular Immunities (Cook Islands) Order 1994*
Consular Privileges and Immunities Act 1971, s 7
Vienna Convention on Consular Relations (1963)#
Consular Immunities (Japan) Order 1975
Consular Privileges and Immunities Act 1971, s 7
Vienna Convention on Consular Relations (1963)#
Consular Immunities (Niue) Order 1994*
Consular Privileges and Immunities Act 1971, s 7
Vienna Convention on Consular Relations (1963)#
Copyright (Application to other Countries) Order 1995*
Copyright Act 1994, ss 204, 232
Berne Convention for the Protection of Literary and Artistic Works (1896 as amended 1971)
Universal Copyright Convention (1952)
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Corrections Regulations 2005*[56]
Corrections Act 2004, s 200
Vienna Convention on Consular Relations (1963)^
Customs and Excise Regulations 1996*[57]
Customs and Excise Act 1996
Australia and New Zealand Closer Economic Relations Trade Agreement (1983)
New Zealand–Thailand Closer Economic Partnership Agreement (2005)
Trans-Pacific Strategic Economic Partnership Agreement between Brunei Darussalam, Chile, New Zealand and Singapore (2005)
International Convention on the Harmonised Commodity Description and Coding System (1950)
Customs Export Prohibition (Toothfish) Order 2006*
Customs and Excise Act (1996), s 56
Convention on the Conservation of Antarctic Marine Living Resources (1980)^
Designation of Sanctioned Entities (Iran Sanctions) Notice 2007*
United Nations (Iran) Regulations 2003[58]
Resolution 1737 of the Security Council of the United Nations (2006)
Diplomatic Immunities (Cook Islands) Order 1994*
Diplomatic Privileges and Immunities Act 1968, s 5(3)
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (Chemical Weapons Convention Inspectors and Observers) Order 1997*
Diplomatic Privileges and Immunities Act 1968, s 10A
Vienna Convention on Diplomatic Relations (1961)#
Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (1993)^
Diplomatic Privileges (Common Fund for Commodities) Order 1983*[59]
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Agreement Establishing the Common Fund for Commodities (1980)
Diplomatic Privileges (Commonwealth Secretariat) Order 1973
Diplomatic Privileges and Immunities Act 1968, s 9A
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (CTBTO PrepCom)[60] Order 2000*
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (Customs Co-operations Council) Order 1963
Diplomatic Immunities and Privileges Act 1957 (repealed)[61]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (EC) Order 2004
Diplomatic Privileges and Immunities Act 1968, ss 9, 9AB
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (European Bank for Reconstruction and Development) Order 1991
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (FAO) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[62]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (IAEA) Order 1960
Diplomatic Immunities and Privileges Act 1957 (repealed)[63]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (ICAO) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[64]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (ILO) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[65]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (IMCO)[66] Order 1960
Diplomatic Immunities and Privileges Act 1957 (repealed)[67]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (INTELSAT)[68] Order 1972
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (INTELSAT) Order 1981
Diplomatic Privileges and Immunities Act 1968, s 9(2)(b)(i)
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (International Court of Justice) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[69]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (International Criminal Court) Order 2004
Diplomatic Privileges and Immunities Act 1968, ss 10D, 10E
Vienna Convention on Diplomatic Relations (1961)#
Rome Statute Of the International Criminal Court (1998)^
Agreement on the Privileges and Immunities of the International Criminal Court (2002)
Diplomatic Privileges (ITU)[70] Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[71]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (Joint Accreditation System of Australia and New Zealand) Order 1998
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (New Zealand–United States Educational Foundation) Order 1970
Diplomatic Privileges and Immunities Act 1968
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (OECD) Order 2000
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (OIML)[72] Order 2003
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (OIV)[73] Order 2003
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (Pacific Islands Forum Secretariat) Order 2007
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (South Pacific Commission) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[74]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (Tuvalu Trust Fund) Order 1987
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Diplomatic Privileges (UNESCO) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[75]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (United Nations) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[76]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (UPU)[77] Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[78]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (WHO) Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[79]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (WMO)[80] Order 1959
Diplomatic Immunities and Privileges Act 1957 (repealed)[81]
Vienna Convention on Diplomatic Relations (1961)^
Diplomatic Privileges (WTO) Order 2000
Diplomatic Privileges and Immunities Act 1968, s 9
Vienna Convention on Diplomatic Relations (1961)#
Double Taxation Relief (Australia) Order 1995*
Income Tax Act 1976, s 294 (repealed)[82]
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)$
Protocol amending the Agreement between the Government of New Zealand and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Double Taxation Relief (Austria) Order 2007*
Income Tax Act 2004, s BH 1
Agreement between New Zealand and the Republic of Austria with respect to taxes on income and on capital (2006)$
Protocol to the Agreement between New Zealand and the Republic of Austria with respect to taxes on income and on capital (2006)$
Double Taxation Relief (Belgium) Order 1983*
Income Tax Act 1976, s 294 (repealed)[83]
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 (1981)$
Protocol to 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 (1981)$
Double Taxation Relief (Canada) Order 1981*
Income Tax Act 1976, s 294 (repealed)[84]
Convention between the Government of New Zealand and the Government of Canada for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Protocol to the Convention between the Government of New Zealand and the Government of Canada for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Double Taxation Relief (China) Order 1986*
Income Tax Act 1976, s 294 (repealed)[85]
Income Tax Act 1994, s BH I (repealed)[86]
Agreement between the Government of New Zealand and the Government of the People’s Republic of China for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1986)$
Protocol to the Agreement between the Government Of New Zealand and the Government of the People’s Republic of China for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1986)$
Second Protocol to the Agreement between the Government of New Zealand and the Government of the People’s Republic of China for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1997)$
Double Taxation Relief (Denmark) Order 1981*
Income Tax Act 1976, s 294 (repealed)[87]
Convention between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Second Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of Denmark for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1985)$
Double Taxation Relief (Federal Republic of Germany) Order 1980*
Income Tax Act 1976, s 294 (repealed)[88]
Agreement between the Government of New Zealand and the Federal Republic of Germany for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and certain other taxes (1978)$
Protocol to the Agreement between the Government of New Zealand and the Federal Republic of Germany for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and certain other taxes (1978)$
Double Taxation Relief (Fiji) Order 1977*
Land and Income Tax Act 1954, s 172 (repealed)[89]
Royal Powers Act 1953 (repealed)[90]
Income Tax Act 1976, s 294 (repealed)[91]
Agreement between the Government of New Zealand and the Government of Fiji for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1976)$
Protocol to the Agreement between the Government of New Zealand and the Government of Fiji for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1976)$
Second Protocol to the Agreement between the Government of New Zealand and the Government of Fiji for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1986)$
Third Protocol to the Agreement between the Government of New Zealand and the Government of Fiji for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1994)$
Double Taxation Relief (Finland) Order 1984*
Income Tax Act 1976, s 294 (repealed)[92]
Convention between the Government of New Zealand and the Government of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1982)$
Protocol to the Convention between the Government of New Zealand and the Government of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1982)$
Second Protocol to the Convention between the Government of New Zealand and the Government of Finland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1986)$
Double Taxation Relief (French Republic) Order 1981*
Income Tax Act 1976, s 294 (repealed)[93]
Convention between the Government of New Zealand and the Government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1979)$
Protocol to the Convention between the Government of New Zealand and the Government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1979)$
Double Taxation Relief (India) Order 1986*
Income Tax Act 1976, s 294 (repealed)[94]
Income Tax Act 1994, ss BH 1, BB 11 (repealed)[95]
Convention between the Government of New Zealand and the Government of the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1986)$
Protocol to the Convention between the Government of New Zealand and the Government of the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1996)$
Second Protocol to the Convention between the Government of New Zealand and the Government of the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1999)$
Double Taxation Relief (Indonesia) Order 1988*
Income Tax Act 1976, s 294 (repealed)[96]
Agreement between the Government of New Zealand and the Government of the Republic of Indonesia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1987)$
Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of Indonesia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1987)$
Double Taxation Relief (Ireland) Order 1988*
Income Tax Act 1976, s 294 (repealed)[97]
Convention between the Government of New Zealand and the Government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains (1986)$
Double Taxation Relief (Italy) Order 1983*
Income Tax Act 1976, s 294 (repealed)[98]
Convention between the Government of New Zealand and the Government of the Republic of Italy for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion (1979)$
Protocol to the Convention between the Government of New Zealand and the Government of the Republic of Italy for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion (1979)$
Double Taxation Relief (Japan) Order 1963*
Land and Income Tax Act 1954, ss 171, 172 (repealed)[99]
Convention between New Zealand and Japan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1963)$
Protocol amending the Convention between New Zealand and Japan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1967)$
Double Taxation Relief (Malaysia) Order 1976*
Land and Income Tax Act 1954, s 172 (repealed)[100]
Income Tax Act 1976, s 294 (repealed)[101]
Agreement between the Government of New Zealand and the Government of Malaysia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1976)$
Protocol to the Agreement between the Government of New Zealand and the Government of Malaysia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1976)$
Second Protocol to the Agreement between the Government of New Zealand and the Government of Malaysia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1994)$
Double Taxation Relief (Mexico) Order 2007*
Income Tax Act 2004, s BH 1
Agreement between the Government of New Zealand and the Government of the United Mexican States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2006)$
Protocol to the Agreement between the Government of New Zealand and the Government of the United Mexican States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2006)$
Double Taxation Relief (Netherlands) Order 1981*
Income Tax Act 1976, s 294 (repealed)[102]
Income Tax Act 1994, s BH 1 (repealed)[103]
Convention between the Government of New Zealand and the Government of the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Second Protocol to the Convention between the Government of New Zealand and the Government of the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2001)$
Double Taxation Relief (Norway) Order 1983*
Income Tax Act 1976, s 294 (repealed)[104]
Convention between New Zealand and the Kingdom of Norway for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and certain other taxes (1982)$
Protocol to the Convention between New Zealand and the Kingdom of Norway for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and certain other taxes (1982)$
Double Taxation Relief (Poland) Order 2006*
Income Tax Act 2004, BH 1
Agreement between New Zealand and the Republic of Poland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Protocol to the Agreement between New Zealand and the Republic of Poland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Double Taxation Relief (Republic of Chile) Order 2004*
Income Tax Act 1994, s BH 1 (repealed)[105]
Convention between New Zealand and the Republic of Chile for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2003)$
Protocol to the Convention between New Zealand and the Republic of Chile for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2003)$
Double Taxation Relief (Republic of Korea) Order 1983*
Income Tax Act 1976, s 294 (repealed)[106]
Income Tax Act 1994, s BH 1 (repealed)[107]
Convention between New Zealand and the Republic of Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1981)$
Protocol to the Convention between New Zealand and the Republic of Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1981)$
Second Protocol to the Convention between New Zealand and the Republic of Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1997)$
Double Taxation Relief (Republic of the Philippines) Order 1980*
Income Tax Act 1976, s 294 (repealed)[108]
Income Tax Act 1994, s BH 1 (repealed)[109]
Convention between the Government of New Zealand and the Government of the Republic of the Philippines for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1980)$
Protocol amending the Convention between the Government of New Zealand and the Government of the Republic of the Philippines for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2002)$
Double Taxation Relief (Republic of South Africa) Order 2004*
Income Tax Act 1994, s BH 1 (repealed)[110]
Agreement between the Government of New Zealand and the Government of the Republic of South Africa for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2002)$
Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of South Africa for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2002)$
Double Taxation Relief (Russian Federation) Order 2001*
Income Tax Act 1994, s BH 1 (repealed)[111]
Agreement between the Government of New Zealand and the Government of the Russian Federation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2000)$
Protocol to the Agreement between the Government of New Zealand and the Government of the Russian Federation for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2000)$
Double Taxation Relief (Singapore) Order 1973*
Land and Income Tax Act 1954, s 172 (repealed)[112]
Income Tax Act 1976, s 294 (repealed)[113]
Income Tax Act 2004, s BH 1[114]
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 (1973)$
Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1973)$
Second Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1993)$
Third Protocol to the Agreement between the Government of New Zealand and the Government of the Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Double Taxation Relief (Spain) Order 2006*
Income Tax Act 2004, s BH 1
Agreement between the Government of New Zealand and the Kingdom of Spain for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Protocol to the Agreement between the Government of New Zealand and the Kingdom of Spain for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2005)$
Double Taxation Relief (Sweden) Order 1980*
Income Tax Act 1976, s 294 (repealed)[115]
Convention between the Government of New Zealand and the Government of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1979)$
Double Taxation Relief (Switzerland) Order 1981*
Income Tax Act 1976, s 294 (repealed)[116]
Convention between New Zealand and the Swiss Confederation for the avoidance of double taxation with respect to taxes on income (1980)$
Protocol to the Convention between New Zealand and the Swiss Confederation for the avoidance of double taxation with respect to taxes on Income (1980)$
Double Taxation Relief (Taiwan) Order 1997*
Income Tax Act 1994, s BH 1 (repealed)[117]
Agreement between the New Zealand Commerce and Industry Office and the Taipei Economic And Cultural Office in New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1996)$
Double Taxation Relief (Thailand) Order 1998*
Income Tax Act 1994, s BH 1 (repealed)[118]
Agreement between the Government of New Zealand and the Government of the Kingdom of Thailand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1998)$
Protocol to the Agreement between the Government of New Zealand and the Government of the Kingdom of Thailand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (1998)$
Double Taxation Relief (United Arab Emirates) Order 2004*
Income Tax Act 1994, s BH 1 (repealed)[119]
Agreement between the Government of New Zealand and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2003)$
Protocol to the Agreement between the Government of New Zealand and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (2003)$
Double Taxation Relief (United Kingdom) Order 1984*
Income Tax Act 1976, s 294 (repealed)[120]
Convention between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains (1983)$
Protocol between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland to amend the Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains (2003)$
Double Taxation Relief (United States of America) Order 1983*
Income Tax Act 1976, s 294 (repealed)[121]
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 (1982)$
Protocol to 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 (1982)$
Extradition (Hong Kong Special Administrative Region of the People’s Republic of China) Order 1998*
Extradition Act 1965, s 3 (repealed)[122]
Agreement for the Surrender of Accused and Convicted Persons Between the Government of New Zealand and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (1998)$
Extradition (Republic of Fiji) Order 1992*
Extradition Act 1965, s 3 (repealed)[123]
Agreement on Extradition between the Government of New Zealand and the Government of the Republic of Fiji (1992)$
Extradition (Republic of Korea) Order 2002*
Extradition Act 1999, ss 15, 17
Treaty on Extradition between the Republic of Korea and New Zealand (2001)$
Extradition (United States of America) Order 1970*
Extradition Act 1965, s 3 (repealed)[124]
Treaty on Extradition between New Zealand and the United States of America (1970)$
Fisheries (High Seas Fishing Notifications) Notice 2001*
Fisheries Act 1996, s 113C
Arrangement between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise (2000)
Convention for the Conservation of Southern Bluefin Tuna (1993)
Convention on the Conservation of Antarctic Marine Living Resources (1980)^
Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000*
Fisheries Act 1996, s 297
Arrangement between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise (2000)
Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000*
Fisheries Act 1996, s 297(1)(o)
Conservation Measure 1702/XVIII adopted by the Commission for the Conservation of Antarctic Marine Living Resources (1999)
Convention on the Conservation of Antarctic Marine Living Resources (1980)^
Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003*
Fisheries Act 1996, s 297(1)(o)
Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (2000)
United Nations Convention on the Law of the Sea (1982)#[125]
Fisheries (White Pointer Shark–High Seas Protection) Regulations 2007*
Fisheries Act 1996, s 297
Convention on the Conservation of Migratory Species of Wild Animals (1979)[126]
Hungary (Extradition: New Zealand) Order in Council 1938
Extradition Acts 1870 to 1935
Treaty between Queen Victoria and Emperor of Austria and the King of Hungary for Mutual Extradition of Fugitive Criminals (1873 as amended 1901)
Treaty between King Edward VIII and the Regent of the Kingdom of Hungary of the Mutual Extradition of Fugitive Criminals (1936)$[127]
Immigration (Refugee Processing) Regulations 1999*
Immigration Act 1987, s 129Y
United Nations Convention Relating to the Status of Refugees (1951)#
Imports and Exports (Living Modified Organisms) Prohibition Regulations 2005*
Imports and Exports (Restrictions) Act 1988, s 3A(1)
Convention on Biological Diversity (1992)
Cartagena Protocol on Biosafety to the Convention on Biological Diversity (2000)
Imports and Exports (Restrictions) Prohibition Order (No 2) 2004*
Imports and Exports (Restrictions) Act 1988, ss 3(1), 3A(1)
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)
Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides (1998)
International Convention for the Safety of Life At Sea 1950*
Regulations Act 1936
International Convention for the Safety of Life At Sea (1948)$
International Criminal Court Regulations 2004*
International Crimes and International Criminal Court Act 2000, s 179
Rome Statute of the International Criminal Court (1998)#
International War Crimes Tribunal Regulations 1995
International War Crimes Tribunals Act 1995, s 60
Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (1993)#
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and other such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (1994)#
Land Transport (Driver Licensing) Rule 1999*
Land Transport Act 1998
United Nations Convention of Road Traffic (1949)
Annex 7 to the United Nations Convention on Road Traffic (1968)
Land Transport Rule 33001/1: Vehicle Exhaust Emissions 2006
Land Transport Act 1998, s 152
United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations
International Maritime Dangerous Goods Code
Technical Instructions for Safe Transport of Dangerous Goods by Air of the International Civil Aviation Organisation
Dangerous Goods Regulations of the International Air Transport Association
Layout Designs (Eligible Countries) Order 2000
Layout Designs Act 1994, s 37
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Marine Protection Rules: Part 100—Port Reception Facilities—Oil, Noxious Liquid Substances and Garbage 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 101A—Surveys and Inspections—Oil 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 101B—Surveys and Inspections—Noxious Liquid Substances Carried in Bulk 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 120—Discharge of Oils 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 121B—Ship Design and Construction—Ships other than Oil Tankers 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 122—Marine Protection Products—Oil 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 123A—Documents—Oil 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 125—Shipboard Operations—Oil 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 130A—Shipboard Marine Oil Spill Contingency Plans 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 132—Dispersants and Demulsifiers 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 142A—Documents (Certificates)—Noxious Liquid Substances 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 160—Prevention of Pollution by Sewage from Ships in the Antarctic Treaty Area 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 170—Prevention of Pollution by Garbage from Ships and Offshore Installations 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 180—Dumping of Waste or Other Matter 1998*
Maritime Transport Act 1994, s 386
Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1972)
Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (1996)
Marine Protection Rules: Part 142B—Documents (Record Books and Manuals)—Noxious Liquid Substances 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
Marine Protection Rules: Part 150—Carriage of Cargoes—Harmful Substances Carried in Packaged Form 1998*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
IMO International Maritime Dangerous Goods Code
Marine Protection Rules: Part 200—Offshore Installations—Discharges 2006*
Maritime Transport Act 1994, s 386
International Convention for the Prevention of Pollution from Ships (1973)
International Convention on Oil Pollution Preparedness, Response and Cooperation (1990)
Maritime Rules: Part 21—Safe Ship Management 1998*
Maritime Transport Act 1994, ss 34, 36
International Convention for the Safety of Life at Sea (1974)
IMO International Safety Management Code
Maritime Rules: Part 23—Operating Procedures and Training 1999*
Maritime Transport Act 1994, s 36
International Convention for the Safety of Life at Sea (1974)
IMO International Safety Management Code
Maritime Rules: Part 24A—Carriage of Cargoes—Dangerous Goods 1998*
Maritime Transport Act 1994, s 36
International Convention for the Safety of Life at Sea (1974)
IMO Code for Existing Ships Carrying Liquefied Gases in Bulk
IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk
IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk
IMO International Maritime Dangerous Goods Code
Maritime Rules: Part 24C—Carriage of Cargoes—Specific Cargoes 1998*
Maritime Transport Act 1994, s 36
International Convention for the Safety of Life at Sea (1974)
IMO Code of Safe Practice for Ships Carrying Timber Deck Cargoes
IMO Code of Safe Practice for Solid Bulk Cargoes
Maritime Rules: Part 24D—Carriage of Cargoes—Convention Containers 2005*
Maritime Transport Act 1994, ss 34, 36
International Convention for Safe Containers (1972)
IMO International Maritime Dangerous Goods Code
Maritime Rules: Part 32—Ships’ Personnel—Qualifications 1999*
Maritime Transport Act 1994, s 36
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978 as amended 1995)
Maritime Rules: Part 46—Surveys, Certification and Maintenance 1998*
Maritime Transport Act 1994, ss 34, 36
International Convention for the Safety of Life at Sea (1974)
Protocol to the International Convention for the Safety of Life at Sea (1978)
Maritime Rules: Part 47—Load Lines 1998*
Maritime Transport Act 1994, ss 34, 36
International Convention on Load Lines (1966)
Maritime Rules: Part 48—Tonnage Measurement 1998*
Maritime Transport Act 1994, s 36
International Convention on Tonnage Measurement of Ships (1969)
Maritime Rules: Part 73—Logbooks 1998*
Maritime Transport Act 1994, s 36
Convention Concerning Crew Accommodation on Board Ship (1949)
International Convention for the Safety of Life at Sea (1974)
International Convention on Load Lines (1966)
Maritime Security Regulations 2004*
Maritime Transport Act 1994, s 76
International Convention for the Safety of Life at Sea (1974)
IMO International Ship and Port Facility Security Code
Maritime Transport Act (Conventions) Order 1994*
Maritime Transport Act 1994, s 2(2)
Convention Concerning the Compulsory Medical Examination of Children and Young Persons Employed at Sea (1921)
Convention Concerning Seamen’s Articles of Agreement (1926)
Convention Concerning the Minimum Requirement of Professional Capacity for Masters and Officers on Board Merchant Ships (1936)
Convention Concerning the Certification of Able Seamen (1946)
Convention Concerning the Certification of Ships’ Cooks (1946)
Convention Concerning Crew Accommodation on Board Ship (1949)
Convention on Facilitation of International Maritime Traffic (1965)
International Convention on Load Lines (1966)
International Convention on Tonnage Measurement of Ships (1969)
Convention Concerning Crew Accommodation on Board Ship (Supplementary Provisions) (1970)
International Convention for Safe Containers (1972)
Convention on the International Regulations for Preventing Collisions at Sea (1972)
International Convention for the Safety of Life at Sea (1974)
International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (1978)
Constitution and Convention of the International Telecommunication Union and Optional Protocol on the Compulsory Settlement of Disputes (1992)
Maritime Transport (Fund Convention) Levies Order 1996*
Maritime Transport Act 1994, s 385
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992)$[128]
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971)[129]
Maritime Transport (Marine Protection Conventions) Order 1999*[130]
Maritime Transport Act 1994, s 222(4)
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties (1969)
International Convention for the Prevention of Pollution from Ships (1973)
International Convention on Civil Liability for Oil Pollution Damage (1992)
International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1992)
United Nations Convention on the Law of the Sea (1982)^[131]
Medicines Regulations 1984
Medicines Act 1981, ss 62, 105
United Nations Convention on Psychotropic Substances (1971)[132]
Misuse of Drugs Order 1981
Misuse of Drugs Act 1975, s 4
United Nations Convention on Psychotropic Substances (1971)[133]
Misuse of Drugs Order 1998*
Misuse of Drugs Act 1975, s 4
United Nations Convention on Psychotropic Substances (1971)
Mutual Assistance in Criminal Matters (Section 24(3)) Order 1999*
Mutual Assistance in Criminal Matters Act 1992, s 24(3)
United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988)
New Zealand (Australia New Zealand Food Standards Code) Food Standards 2002*
Food Act 1981, s 11C
Agreement between the Government of New Zealand and the Government of Australia concerning a Joint Food Standards System (1995)
Ozone Layer Protection Regulations 1996*
Ozone Layer Protection Act 1996, Part 3
Montreal Protocol on Substances that Deplete the Ozone Layer (1999)$
Patents, Designs, and Trade Marks Convention Order 2000
Patents Act 1953, s 77
Designs Act 1953, s 20
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (1994)
Patents (Patent Cooperation Treaty) Regulations 1992*
Patents Act 1953, ss 114(1), 115
Patent Cooperation Treaty (1984)#[134]
Patents (United States of America) Regulations 1956*
Patents Act 1953
Agreement between the Government of New Zealand and the Government of the United States of America for the Security of Military Information (1952)
Privileges and Immunities (Taipei Economic and Cultural Office) Order 1998
Diplomatic Privileges and Immunities Act 1968, s 5(3)
Vienna Convention on Diplomatic Relations (1961)#
Resource Management (Marine Pollution) Regulations 1998*
Resource Management Act 1991, s 360
International Convention for the Prevention of Pollution from Ships (1973)
Protocol to the International Convention for the Prevention of Pollution from Ships (1978)
Protocol to the Convention of Marine Pollution by Dumping of Wastes and Other Matter (1996)
Social Welfare (Reciprocity with Australia) Order 2002*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of Australia (2001)$
Exchange of notes amending the Agreement on Social Security between the Government of New Zealand and the Government of Australia (2001)$
Social Welfare (Reciprocity with Canada) Order 1996*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of Canada (1996)$
Administrative Arrangement for the Implementation of the Agreement on Social Security between the Government of New Zealand and the Government of Canada (1996)$
Social Welfare (Reciprocity with Denmark) Order 1997*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Kingdom of Denmark and the Government of New Zealand (1997)$
Social Welfare (Reciprocity with Ireland) Order 1993*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of Ireland on Social Security (1993)$
Social Welfare (Reciprocity with Jersey And Guernsey) Order 1995*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of the United Kingdom of Great Britain and Northern Ireland on behalf of the States of Jersey and of the States of Guernsey (1994)$
Social Welfare (Reciprocity with the Hellenic Republic) Order 1993*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of the Hellenic Republic (1993)$
Social Welfare (Reciprocity with the Netherlands) Order 2003*
Social Welfare (Transitional Provisions) Act 1990, s 19
Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2000)$
Exchange of notes amending the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2001)$
Protocol to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2003)$
Exchange of notes amending the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2007)$
Social Welfare (Reciprocity with the United Kingdom) Order 1990*
Social Welfare (Transitional Provisions) Act 1990, s 19
Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1983)$
Tariff Amendment Order 2006*
Tariff Act 1988, s 9
Trans-Pacific Strategic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005)[135]
Tariff (Chile) Order 2006*
Tariff Act 1988, s 7(5)
Trans-Pacific Strategic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005)
Tariff (Harmonised System) Amendment Order 1991*
Tariff Act 1988, ss 9, 10
International Convention on the Harmonized Commodity Description and Coding System (1983)
Tariff (Harmonised Systems) Amendment Order 1995*
Tariff Act 1988, ss 9, 10
International Convention on the Harmonized Commodity Description and Coding System (1983)
Montreal Protocol on Substances that Deplete the Ozone Layer (1999)[136]
Tariff (Harmonised System) Amendment Order 2006*
Tariff Act 1988, s 10
International Convention on the Harmonized Commodity Description and Coding System (1983)
Tariff (Miscellaneous) Amendment Order 1989 (No 2)*
Tariff Act 1988, ss 7, 9, 10
Australia and New Zealand Closer Economic Relations Trade Agreement (1983)
Tariff (Miscellaneous) Amendment Order 1995*
Tariff Act 1988, ss 9, 10
General Agreement on Tariffs and Trade (1997)
Trade in Endangered Species Order 2005*
Trade in Endangered Species Act 1989, s 53
Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973)
United Nations (Iraq) Reconstruction Regulations 2003*
United Nations Act 1946, s 2
Resolution 1483 of the Security Council of the United Nations (2003)
United Nations Sanctions (Afghanistan) Regulations 2001*
United Nations Act 1946, s 2
Resolution 1267 of the Security Council of the United Nations (1999)
Resolution 1333 of the Security Council of the United Nations (2000)
Resolution 1390 of the Security Council of the United Nations (2002)
United Nations Sanction (Al-Qaida and Taliban) Regulations 2007*
United Nations Act 1946, s 2
Resolution 1267 of the Security Council of the United Nations (1999)
Resolution 1333 of the Security Council of the United Nations (2000)
Resolution 1390 of the Security Council of the United Nations (2002)
United Nations Sanctions (Côte d’Ivoire) Regulations 2005*
United Nations Act 1946, s 2
Resolution 1572 of the Security Council of the United Nations (2004)
United Nations Sanction (Democratic People’s Republic of Korea) Regulations 2006*
United Nations Act 1946, s 2
Resolution 1718 of the Security Council of the United Nations (2006)
United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004*
United Nations Act 1946, s 2
Resolution 1493 of the Security Council of the United Nations (2003)
Resolution 1552 of the Security Council of the United Nations (2004)
United Nations Sanctions (Iran) Regulations 2007*
United Nations Act 1946, s 2
Resolution 1737 of the Security Council of the United Nations (2006)
United Nations Sanctions (Iraq) Regulations 1991*
United Nations Act 1946, s 2
Resolution 1483 of the Security Council of the United Nations (2003)
United Nations Sanctions (Kimberley Process) Regulations 2004*
United Nations Act 1946, s 2
Resolution 1306 of the Security Council of the United Nations (2000)
Resolution 1343 of the Security Council of the United Nations (2001)
United Nations Sanctions (Liberia) Regulations 2001*
United Nations Act 1946, s 2
Resolution 1343 of the Security Council of the United Nations (2001)
Resolution 1532 of the Security Council of the United Nations (2004)
United Nations Sanctions (Rwanda) Regulations 1994*
United Nations Act 1946, s 2
Resolution 918 of the Security Council of the United Nations (1994)
United Nations Sanctions (Sierra Leone) Regulations 1997*
United Nations Act 1946, s 2
Resolution 1132 of the Security Council of the United Nations (1997)
Resolution 1306 of the Security Council of the United Nations (2000)
United Nations Sanctions (Somalia) Regulations 1992*
United Nations Act 1946, s 2
Resolution 733 of the Security Council of the United Nations (1992)
United Nations Sanctions (Sudan) Regulations 2004*
United Nations Act 1946, s 2
Resolution 1556 of the Security Council of the United Nations (2004)
War Pensions (Arrangement with Australia) Regulations 1967*
War Pensions Act 1954
Arrangement between the Minister of State for Repatriation of the Commonwealth of Australia and the Minister in Charge of War Pensions in New Zealand (1966).$
[*] The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed are the author’s own and may not be attributed to the Parliamentary Counsel Office or the Attorney-General. The able research assistance of Alexandra Chapman, Simon Dunkerley and Ihma Shareef, and the essential cite-checking and proof-reading of Kate Robinson and Alan Witham are gratefully acknowledged.
[1] Mark Gobbi, ‘In Search of International Standards and Obligations Relevant to New Zealand Acts’ [2007] NZYbkIntLaw 19; (2007) 4 New Zealand Yearbook of International Law 349, 349 and 364.
[2] See Department of the Prime Minister and Cabinet, Cabinet Office Manual (April 2001), at 5.52 (see 5.35), online: <www.dpmc.govt.nz/cabinet/manual/5.html#5.46> at 17 March 2008.
[3] See Legislation Advisory Committee, Legislative Change: Guidelines on Process and Content, Report No. 6 (December 1991).
[4] Ibid, 71 (emphasis added).
[5] See generally Gobbi, above n 1, 352-355.
[6] Ibid, 364-365.
[7] See Part V.
[8] See Gobbi, above n 1, 366-393 (as updated by Part V of the ‘Treaty Action and Implementation’ article in this volume).
[9] See Part III.
[10] Gobbi, above n 1, 357.
[11] See for example, Evidence Amendment Act Commencement Order 2001, Extradition Amendment Act Commencement Order 2003, Family Proceedings Act (United Nations Convention) Commencement Order 1986, Fisheries Act Commencement Order 2001, Guardianship Amendment Act Commencement Order 1991, Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004, Maritime Transport Act Commencement Order 1996, Maritime Transport Act Commencement Order 2003, Mercenary Activities (Prohibition) Act Commencement Order 2004, Misuse of Drugs Amendment Act 1998 Commencement Order 1999, Mutual Assistance in Criminal Matters Amendment Act Commencement Order 2003, Protected Objects Amendment Act 2006 Commencement Order 2007, Resource Management Amendment Act 1994 Commencement Order 1998, Sale Of Goods (United Nations Convention) Act Commencement Order 1995, and Terrorism Suppression Act Commencement Order 2002.
[12] See for example, Diplomatic Privileges Withdrawal Order 1976, Revocation of UN Sanctions (Angola) Regulations 1993, and Revocation of UN Sanctions Order 2003.
[13] See for example, Cook Islands Boundaries and Inclusion in New Zealand Proclamation 1901, Cook Islands Commercial Fishing Regulations 1951, Cook Islands Exchange Control Regulations 1948, Cook Islands Import Control Regulations 1944, Cook Islands Stamp Demonetisation Regulations 1941, Cook Islands Sterling Area Currency and Securities Exemption Notice 1957, Kermadec Islands Boundaries and Annexation 1887, Customs Preferential Tariff (Republic of Nauru) Order 1982, Customs Preferential Tariff (Republic of Vanuatu) Order 1981, Niue (New Zealand Laws) Regulations 1972, Niue Fruit Control Regulations 1945, Tokelau (Exclusive Economic Zone) Fishing Regulations 1988, Tokelau (Exclusive Economic Zone) Fishing Regulations 1988, Amendment No 1, Tokelau Administration Regulations 1993, Tokelau Coinage (Commemorative Coins) Regulations 1987, Tokelau Coinage (Commemorative Coins) Regulations 1991, Tokelau Coinage (Commemorative Coins) Regulations 1993, Tokelau Coinage (Commemorative Coins) Regulations 1994, Tokelau Coinage (Commemorative Coins) Regulations 1994 (No 2), Tokelau Coinage (Commemorative Coins) Regulations 1996 (No 2), Tokelau Coinage (Commemorative Coins) Regulations 1999, Tokelau Coinage (Commemorative Coins) Regulations 2003, Tokelau Coinage Regulations 1978, Tokelau Coinage Regulations 1978, Amendment No 1, Tokelau Coinage Regulations 1978, Amendment No 2, Tokelau Coinage Regulations 1978, Amendment No 3, Tokelau Coinage Regulations 1978, Amendment No 4, Tokelau Coinage Regulations 1978, Amendment No 5, Tokelau Commissions of Inquiry Regulations 1991, Tokelau Immigration Regulations 1991, Tokelau Police Regulations 1989, Tokelau Shipping (Salvage) Regulations 1992, and Tokelau Village Incorporation Regulations 1986.
[14] See for example, Overseas Adoptions Order 1967.
[15] See for example, Commonwealth Countries (Solomon Islands, Tuvalu, Dominica, and St Lucia) Order 1979, Commonwealth Countries (Vanuatu, Belize, and Antigua and Barbuda) Order 1982, and Commonwealth Preference Countries Tariff Order 1974.
[16] See for example, Law Practitioners (New South Wales Barristers) Order 1941, Law Practitioners (Queensland Reciprocity of Admission) Order 1934, Law Practitioners (Victoria Reciprocity) Order 1937, Consumer Information Standards (Care Labelling) Regulations 2000, Consumer Information Standards (Fibre Content Labelling) Regulations 2000, and Energy Efficiency (Energy Using Products) Regulations 2002. The following land transport rules implement various foreign national and international standards: Land Transport Rule 31001: Passenger Service Vehicles 1999; Land Transport Rule 31002: Heavy Vehicles 2004; Land Transport Rule 31001/1: Door Retention Systems 2001; Land Transport Rule 32002/1: Interior Impact 2001; Land Transport Rule 32003/1: Steering Systems 2001; Land Transport Rule 32004: Seats and Anchorages 2002; Land Transport Rule 32005: Vehicle Lighting 2004; Land Transport Rule 32006/1: Frontal Impact 2001; Land Transport Rule 32008/1: External Projections 2001; Land Transport Rule 32010/1: Head Restraints 2001; Land Transport Rule 32011: Seatbelts and Seatbelt Anchorages 2002; Land Transport Rule 32012/1: Glazing, Windscreen Wipe and Wash, and Mirrors 1999; Land Transport Rule 32013: Tyres and Wheels 2001; Land Transport Rule 32014: Light-vehicle Brakes 2002; Land Transport Rule 32015: Heavy-vehicle Brakes 2006; Land Transport Rule 32017: Vehicle Equipment 2004; and Land Transport Rule 33001/1: Vehicle Exhaust Emissions 2006.
[17] See for example, Reciprocal Enforcement of Judgments (France) Rules 1938, Reciprocal Enforcement of Judgments Order 1940, Reciprocal Enforcement of Judgments Order 1940 (No. 2), Reciprocal Enforcement of Judgments Order 1951, Reciprocal Enforcement of Judgments Order 1954, Reciprocal Enforcement of Judgments Order 1955, Reciprocal Enforcement of Judgments Order 1956, Reciprocal Enforcement of Judgments (Australian Inferior Courts) Order 1992, Reciprocal Enforcement of Judgments (Belgium) Rules 1938, Reciprocal Enforcement of Judgments (Commonwealth of Australia) Order 1987, Reciprocal Enforcement of Judgments (Hong Kong) Order 1957, Reciprocal Enforcement of Judgments (India) Order 1957, Reciprocal Enforcement of Judgments (Nigeria) Order 1957, Reciprocal Enforcement of Judgments (Northern Territory of Australia) Order 1957, Reciprocal Enforcement of Judgments (Pakistan) Order 1958, Reciprocal Enforcement of Judgments (Western Samoa) Order 1971, and Reciprocal Enforcement of Judgments (Ceylon) Order 1958.
[18] See for example, Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Australia) Regulations 1993, Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Hong Kong Special Administrative Region of the People’s Republic of China) Regulations 1999, Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Peoples Republic of China) Regulations 2007, Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Republic of Korea) Regulations 2000, Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (United Kingdom) Regulations 1999, and Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (United States of America) Regulations 1998.
[19] See for example, Police (United Nations) Regulations 1964 and Tariff Exemption (Inter-Governmental Agreements) Order 1996.
[20] See for example, International Atomic Energy Agency Name and Emblem Notice 1961, International Criminal Police Organisation Name Notice 1962, United Nations Educational, Scientific and Cultural Organisation Name and Emblem Notice 1996, World Bank Group Names and Emblems Notice 1966, and World Meteorological Organisation Name and Emblem Notice 1968.
[21] See for example, Family Proceedings (Designated Country) Notice 2002.
[22] See for example, Protection of Personal and Property Rights (Incapacitated Person in Australia or Great Britain) Order 1989.
[23] See for example, Recognition of Overseas Registers Order 1959.
[24] See for example, Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2002.
[25] See for example, United World Colleges Scholarships Regulations 1980.
[26] See for example, Extradition (Exempted Country: Canada) Order 1999, Extradition (Exempted Country: Czech Republic) Order 2003, Extradition (Exempted Country: Tonga) Order 1999, Extradition (Exempted Country: United States of America) Order 1999, and Extradition (United Kingdom and Pitcairn Islands) Order 2003.
[27] The rules governing the transport sector (Civil Aviation, Land Transport, Maritime and Marine Protection rules) were until the 1990s dealt via legislative instruments published in the Statutory Regulation series. Around this time, for perceived reasons of efficiency, a decision was taken to give the relevant transport agencies the responsibility for drafting and making the rules and they are now classified as deemed regulations. However, given their importance, and their traditional handling (both here and abroad), they are counted here as legislative instruments published in the Statutory Regulations series (which is the working definition for regulations in this article).
[28] See Status–New Zealand Regulations (electronic database, as at 22 January 2008).
[29] The y-axis indicates the number of extant regulations and the x-axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by number of regulations): 1910s, 1; 1920s, 1; 1930s, 11; 1940s, 24; 1950s, 102; 1960s, 96; 1970s, 162; 1980s, 242; 1990s, 816; 2000s, 1,231. It was derived from the lists of regulations found in Status–New Zealand Regulations (electronic database, as at 22 January 2008) and the list of Civil Aviation Rules, which are found at Civil Aviation Authority of New Zealand, online: <http://www.caa.govt.nz/rules/rules.htm> (last accessed on 8 April 2008), and cross-checked against the regulations as published in the Statutory Regulations series.
[30] As stated in the text, the data in this article is current as at 22 January 2008.
[31] See Gobbi, above n 1, 358.
[32] The y-axis indicates the number of extant regulations with implications for international standards or obligations and the x-axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by number of regulations): 1910s, 0; 1920s, 0; 1930s, 1; 1940s, 0; 1950s, 13; 1960s, 5; 1970s, 9; 1980s, 26; 1990s, 64; 2000s, 74. It was derived from the list of regulations found in Status–New Zealand Regulations (electronic database, as at 22 January 2008) and the Civil Aviation Rules, see above n 29, and cross-checked against the regulations as published in the Statutory Regulations series.
[33] The y-axis indicates the number of extant regulations with implications for international standards or obligations as a percentage of total extant regulations and the x-axis indicates the decade in which they were enacted. The data used to generate the chart is as follows (decade followed by percentage): 1910s, 0.00%; 1920s, 0.00%; 1930s, 9.09%; 1940s, 0.00%; 1950s, 12.75%; 1960s, 5.21%; 1970s, 5.56%; 1980s, 10.74%; 1990s, 7.84%; 2000s, 5.93%.
[34] See Gobbi, above n 1, 360.
[35] The nominal number of relevant Acts in the 1980s and the 1990s is the same but it is lower in the 2000s (owing, in part, to being 3.5 years short of a full decade). See ibid, 359.
[36] Two agreements, due to what appears to be common practice, are treated somewhat differently: the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air (1929 as amended 1955, 1979) is classified as a 1920s agreement; however, the Berne Convention for the Protection of Literary and Artistic Works (1896 as amended 1971) is classified as a 1970s agreement.
[37] The y-axis indicates the number of unique international instruments relevant to the regulations listed in Part V and the x-axis indicates the decade in which the text of these instruments was settled (with the exception indicated in n 36 above). The data used to generate the chart is as follows (decade followed by number of international instruments): 1910s, 0; 1920s, 4; 1930s, 2; 1940s, 6; 1950s, 5; 1960s, 14; 1970s, 28; 1980s, 40; 1990s, 44; 2000s, 60. The following agreement, owing to its date of creation, is not reflected in C4: Treaty between Queen Victoria and Emperor of Austria and the King of Hungary for Mutual Extradition of Fugitive Criminals (1873 as amended 1901).
[38] This acceptance is also reflected in Acts. Gobbi, above n 1, 362.
[39] Fourteen others have links to two regulations.
[40] The y-axis indicates the number of unique Acts relevant to the regulations listed in Part V and the x-axis indicates the decade in which the Act was enacted. The data used to generate the chart is as follows (decade followed by number of Acts): 1910s, 0; 1920s, 0; 1930s, 3; 1940s, 1; 1950s, 6; 1960s, 3; 1970s, 3; 1980s, 7; 1990s, 16; 2000s, 4.
[41] See Gobbi, above n 1, 358-359.
[42] The distribution in C5 does not include the United Nations (Iran) Regulations 2003, which empowered the making of the Designation of Sanctioned Entities (Iran Sanctions) Notice 2007.
[43] The regulations made under the repealed Acts continue in force, usually by being deemed to be made under the Acts that replaced them. For example, the Extradition Act 1999 repeals the Extradition Act 1965; however, s 15 of the 1999 Act treats the following orders made under the 1965 Act as if they were made under the 1999 Act: Extradition (Hong Kong Special Administrative Region of the People’s Republic of China) Order 1998, Extradition (Republic of Fiji) Order 1992, and Extradition (United States of America) Order 1970.
[44] For an earlier discussion of these categories and their content, see Parliamentary Counsel Office, [Report to the] Regulations Review Committee: Inquiry into Regulation-making Powers that Authorise International Treaties to Override any provisions of New Zealand Enactments (30 March 2001).
[45] See text accompanying above n 18.
[46] The change appears to be a response to the Regulations Review Committee’s recommendation that the government of the day review section BH 1 of the Income Tax Act 1994 to determine whether it is in accord with the principles that the Committee articulated in 2002. See Report of the Regulations Review Committee, Inquiry into Regulation-making Powers that Authorise International Treaties to Override any provisions of New Zealand Enactments, New Zealand House of Representatives, I.16H (2002) at 30; Government Response to Report of the Regulations Review Committee, Inquiry into Regulation-making Powers that Authorise International Treaties to Override any provisions of New Zealand Enactments, New Zealand House of Representatives, A.5 (2002) at 10-11.
[47] New Zealand House of Representatives, Report of the Regulations Review Committee, Inquiry into Regulation-making Powers that Authorise International Treaties to Override any provisions of New Zealand Enactments, I.16H (2002), 21.
[48] See generally Drew v Attorney-General [2001] NZCA 207; [2002] 1 NZLR 58.
[49] A provision of this nature is unlikely because it amounts to Parliament giving the Executive the express authority to act inconsistently with New Zealand’s international obligations. If the Executive did so, it would place New Zealand in breach of its international obligations.
[50] See generally Sellers v Maritime Safety Inspector [1998] NZCA 248; [1999] 2 NZLR 44.
[51] Gobbi, above n 1, 366-393.
[52] I welcome any suggestions along these lines (mark.gobbi@parliament.govt.nz).
[53] The Arbitration Act 1996 repealed this Act, but the Order appears to remain in force. The text of the Convention can be found in Schedule 3 of the Arbitration Act 1996.
[54] The Arbitration Act 1996 repealed this Act, but the Order appears to remain in force. The text of the Convention can be found in Schedule 3 of the Arbitration Act 1996.
[55] The Civil Aviation Amendment Act 1999 repealed this Act, but the Notice continues in force as if made under section 91S of the Civil Aviation Act 1990. The text of the relevant Conventions can be found in Schedules 4 and 5 of the Civil Aviation Act 1990.
[56] See Corrections Regulations 2005, r 89(4).
[57] The indications are found in the explanatory notes of the relevant amending regulations. See for example, Customs and Excise (Rules of Origin for Australian Goods) Amendment Regulations 2006, Customs and Excise (Rules of Origin for Thai Goods) Amendment Regulations 2006, Customs and Excise (Rules of Origin for Trans-Pacific Strategic Economic Partnership Agreement Goods) Amendment Regulations 2006, Customs and Excise (Tariff Changes) Amendment Regulations 2006 and Customs and Excise Amendment Regulations 2003.
[58] As amended by United Nations (Iran) Amendment Regulations 2007.
[59] The 1980 Agreement is mentioned but the 1961 Convention is not.
[60] CTBTO PrepCom means the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization, established by the Resolution establishing the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization adopted at New York on 19 November 1996.
[61] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[62] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[63] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[64] The Diplomatic Privilege and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[65] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[66] Intergovernmental Maritime Consultative Organization.
[67] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[68] International Telecommunications Satellite Organization.
[69] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[70] International Telecommunication Union.
[71] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[72] Organisation Internationale de Métrologie Légale established by Article I of the Convention establishing an International Organisation of Legal Metrology, opened for signature on 12 October 1955, 560 UNTS 3 (entered into force 28 May 1958).
[73] International Organisation of Vine and Wine established by the Agreement establishing the International Organisation of Vine and Wine, opened for signature on 3 April 2001.
[74] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[75] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[76] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[77] Universal Postal Union.
[78] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[79] The Diplomatic Privilege and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[80] World Meteorological Organisation.
[81] The Diplomatic Privileges and Immunities Act 1968 repealed this Act, but the Order appears to remain in force.
[82] Although this section is repealed, the Order appears to remain in force.
[83] Although this section is repealed, the Order appears to remain in force.
[84] Although this section is repealed, the Order appears to remain in force.
[85] The Agreement and the initial Protocol were given effect under this section; although this section is repealed, the Order appears to remain in force.
[86] The Second Protocol was given effect under this section; although this section is repealed, the Order appears to remain in force.
[87] The Agreement and the Second Protocol were given effect under this section; although this section is repealed, the Order appears to remain in force.
[88] Although this section is repealed, the Order appears to remain in force.
[89] Although this Act is repealed, the Order appears to remain in force.
[90] The Agreement and the initial Protocol were given effect under this Act; although this Act is repealed, the Order appears to remain in force.
[91] The Second and Third Protocols were given effect under this section; although this section is repealed, the Order appears to remain in force.
[92] Although this section is repealed, the Order appears to remain in force.
[93] Although this section is repealed, the Order appears to remain in force.
[94] The Convention was given effect under this section; although this section is repealed, the Order appears to remain in force.
[95] The First and Second Protocols were given effect under these sections, respectively; although these sections are repealed, the Order appears to remain in force.
[96] Although this section is repealed, the Order appears to remain in force.
[97] Although this section is repealed, the Order appears to remain in force.
[98] Although this section is repealed, the Order appears to remain in force.
[99] Although these sections are repealed, the Order appears to remain in force.
[100] The Agreement and the initial Protocol were given effect under this section; although this section is repealed the Order appears to remain in force.
[101] The Second Protocol was given effect under this section; although this section is repealed, the Order appears to remain in force.
[102] The Convention and the initial Protocol were given effect under this section; although this section is repealed, the Order appears to remain in force.
[103] The Second Protocol was given effect under this section, although this section is repealed the Order appears to remain in force.
[104] Although this section is repealed, the Order appears to remain in force.
[105] Although this section is repealed, the Order appears to remain in force.
[106] The Convention and the initial Protocol were given effect under this section; although this section is repealed, the Order appears to remain in force.
[107] The Second Protocol was given effect under this section; although this section is repealed, the Order appears to remain in force.
[108] The Convention was given effect under this section; although this section is repealed, the Order appears to remain in force.
[109] The Protocol was given effect under this section; although this section is repealed, the Order appears to remain in force.
[110] Although this section is repealed, the Order appears to remain in force.
[111] Although this section is repealed, the Order appears to remain in force.
[112] The Agreement and the initial Protocol were given effect under this section; although this section is repealed, the Order appears to remain in force.
[113] The Second Protocol was given effect under this section; although this section is repealed, the Order appears to remain in force.
[114] The Third Protocol was given effect under this section.
[115] Although this section is repealed, the Order appears to remain in force.
[116] Although this section is repealed, the Order appears to remain in force.
[117] Although this section is repealed, the Order appears to remain in force.
[118] Although this section is repealed, the Order appears to remain in force.
[119] Although this section is repealed, the Order appears to remain in force.
[120] Although this section is repealed, the Order appears to remain in force.
[121] Although this section is repealed, the Order appears to remain in force.
[122] The Extradition Act 1999 repealed this Act, but the Order continues to have effect as if it had been made under section 15 of the 1999 Act.
[123] The Extradition Act 1999 repealed this Act, but the Order continues to have effect as if it had been made under section 15 of the 1999 Act.
[124] The Extradition Act 1999 repealed this Act, but the Order continues to have effect as if it had been made under section 15 of the 1999 Act.
[125] Schedule 1A of the Fisheries Act 1996 sets out the Agreement for implementation of the provisions of the United Nations Convention on the Law of the Sea (1982) relating to the conservation and management of straddling fish stocks and highly migratory fish stocks: opened for signature 10 December 1982, 1833 UNTS 397 (entry into force 16 November 1994).
[126] The Convention requires a prohibition on the taking of any white pointer shark; this is implemented by the addition of white pointer shark to Schedule 7A of the Wildlife Act 1953.
[127] This Treaty supplements the Treaty that Queen Victoria signed.
[128] Articles 10 and 12-15 of the Convention are set out in the Schedule of this Order.
[129] Articles 10-15 of this Convention used to be set out in the Schedule of this Order.
[130] This Order also declares that the International Convention on Civil Liability for Oil Pollution Damage (1969) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971) are no longer marine protection conventions for the purposes of Parts 18-27 of the Maritime Transport Act 1994.
[131] Schedule 1A of the Fisheries Act 1996 sets out the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea (1982) relating to the conservation and management of straddling fish stocks and highly migratory fish stocks.
[132] See Medicines Amendment Regulations 1998 (No 2).
[133] The regulations implement changes agreed by the United Nations Commission on Narcotic Drugs.
[134] The Patents Amendment Act 1992 is read as part of the Patents Act 1953; the text of the Treaty is in Schedule 2 of the Patents Amendment Act 1992.
[135] Goods imported from Singapore were already duty free under the terms of the New Zealand– Singapore Closer Economic Partnership Agreement (2001). See generally Tariff Act 1988; see also Dumping and Countervailing Duties Act 1988.
[136] The text of the Protocol is in Schedule 5 of the Ozone Layer Protection Regulations 1996.
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URL: http://www.nzlii.org/nz/journals/NZYbkIntLaw/2008/14.html