Crimes Against Internationally Protected Persons and Hostages Act 1984

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To give effect to the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, 1973, and the Convention Against the Taking of Hostages 1979, and for matters incidental to the implementation of those Conventions

This is the Crimes against Internationally Protected Persons and Hostages Act 1984.

"Fugitive Offenders Act 1881" means the Fugitive Offenders Act 1881 of the Parliament of the United Kingdom (as amended by the Fugitive Offenders Amendment Act 1976);

"internationally protected person" in relation to an alleged act or omission that constitutes a crime by virtue of or against any of sections 3 to 6 means –

(ii) a member of a body that performs the functions of a Head of State under the constitution of the State; or

(iv) a Minister of Foreign Affairs – and is outside the territory of the State in which he holds office;

(b) A member of the family of any person referred to in paragraph (a) who is accompanying that person;

intergovernmental character – and is entitled under international law to special protection from attack on his person, freedom, or dignity;

(d) A member of the family of any person referred to in paragraph (c) who is a member of that person’s household; "Secretary for Justice" means that member of the Niue Public Service for the time being holding the office of the head of the Justice Department;

"1973 Convention" means the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, opened for signature at New York on 14 December 1973;

"1979 Convention" means the Convention Against the Taking of Hostages, opened for signature at New York on 18 December 1979;

"vehicle" includes any means of conveyance.(2) In paragraph (a)(i) of the term

"Head of State" includes, in relation to any Commonwealth country (other than the United Kingdom) of which Her Majesty the Queen is Head of State, the Governor-General or other person who performs the functions of the Head of State as Her Majesty’s representative.

(1) Without limiting the Niue Act 1966 every one commits a crime who, whether in or outside Niue, does or omits to do any act to, or in relation to any person whom he knows to be an internationally protected person, if that act or omission constitutes, or would, if done or omitted to be done in Niue, constitute –

(a) A crime referred to or described in any of the provisions of the Niue Act 1966 specified in Schedule 1; or

(b) An attempt to commit any such crime (where the crime is not itself constituted by a mere attempt).

(2) Every one who commits a crime against this section is liable on conviction to the same penalty to which he would have been liable had he been charged with a crime against the relevant provision of the Niue Act 1966.

(1) Without limiting the Niue Act 1966, every one commits a crime who, whether in or outside Niue, does or omits to do any act –

(i) any premises that he knows to be the official premises or private residence of any internationally protected person; or

(ii) any vehicle that he knows is used by an internationally protected person – while an internationally protected person is present in those premises or that residence or vehicle; and

(b) Which constitutes, or would, if done, or omitted to be done in Niue, constitute –

(i) a crime referred to or described in any of the provisions of the Niue Act 1966 specified in Schedule 2; or

(ii) an attempt to commit any such crime (where the crime is not itself constituted by a mere attempt).

(1) Every one commits a crime who, whether in or outside Niue, threatens to do any act –

(a) To, or in relation to, any person whom he knows to be an internationally protected person; and

(2) Every one commits a crime against this section is liable on conviction to imprisonment for a term not exceeding the lesser of –

(b) The term of years prescribed by the relevant provision of the Niue Act 1966 in respect of the crime that he would have committed had he carried out his threat in Niue.

(1) Every one commits a crime who, whether in or outside Niue threatens to do any act –

(i) any premises that he knows to be the official premises or private residence of any internationally protected person; or

(ii) any vehicle that he knows is used by any internationally protected person; and

(2) Every one who commits a crime against this section is liable on conviction to imprisonment for a term not exceeding 3 years.

Notwithstanding sections 3 to 6, in any proceedings brought under any of those sections, it shall not be necessary for the prosecution to prove the following matters:

(a) In respect of any internationally protected person to whom paragraph (a) or paragraph (c) of the definition of that term in section 2(1) applies that the defendant knew, at the time of the alleged crime, the identity of that person or the capacity in which he was an internationally protected person;

(b) In respect of any internationally protected person to whom paragraph (b) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was accompanying any other person to whom paragraph (a) of that definition applies;

(c) In respect of any internationally protected person to whom paragraph (c) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was entitled under international law to special protection from attack on his person, freedom, or dignity;

(d) In respect of any internationally protected person to whom paragraph (d) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was a member of the household of any other person referred to in paragraph (c) of that definition.

(1) Subject to subsection (2), every one commits the crime of hostage-taking who, whether in or outside Niue, unlawfully seizes or detains any person (in this section called the hostage) without his consent, or with his consent obtained by fraud or duress, with intent to compel the Government of any country or any international intergovernmental organisation or any other person to do or abstain from doing any act as a condition whether express or implied, for the release of the hostage.

(3) Every one who commits the crime of hostage-taking is liable on conviction to imprisonment for a term not exceeding 14 years.

(1) For the purposes of the Extradition Act 1965 and any Orders-in-Council made under section 3 of that Act or referred to in section 21 of that Act –

(a) Each crime described in section 3 or section 4 or section 8 of this Act, including attempting to commit that crime (where it is not itself constituted by a mere attempt), aiding, abetting, inciting, counselling or procuring any person to commit any such crime, inciting, counselling, or attempting to procure any person to commit any such crime when it is not in fact committed, and being an accessory after the fact to that crime; and

(b) Each crime described in section 5 or section 6 of this Act, – shall, if not already described in the treaty, be deemed to be an offence described in any extradition treaty concluded before the commencement of this section and for the time being in force between Niue and any foreign country that is a party to the 1973 Convention or, as the case may require, the 1979 Convention.

(2) Notwithstanding subsection (1), no person shall be liable to be surrendered under the Extradition Act 1965 in respect of an act or omission that amounts to a crime to which that subsection applies if that act or omission occurred before the date on which the crime was deemed by that subsection to be an offence described in the relevant extradition treaty.

(3) For the purposes of this section, "foreign country" includes any territory for whose international relations the Government of a foreign country is responsible and to which the extradition treaty and the 1973 Convention or, as the case may require, the 1979 Convention, extends.

(1) Where the surrender of a person is sought under either the Extradition Act 1965 or the Fugitive Offenders Act 1881 in respect of any act or omission –

(i) any crime described in section 3 or section 4 or section 8 of this Act, including attempting to commit any such crime (where it is not itself constituted by a mere attempt), aiding, abetting, inciting, counselling, or procuring any person to commit any such crime, inciting, counselling, or attempting to procure any person to commit any such crime when it is not in fact committed and being an accessory after the fact to any such crime; or

(b) For which the person whose surrender is sought could be tried and punished in the country seeking surrender, being a country that is a party to the 1973 Convention, or, as the case may require, the 1979 Convention –

that act or omission shall be deemed to have been committed within the jurisdiction of that country notwithstanding that it was committed outside the territory of that country.

(2) Without limiting subsection (1) where any act or omission to which that subsection applies occurred in Niue, the Extradition Act 1965 and the relevant extradition treaty, or (as the case may require) the Fugitive Offences Act 1881, shall apply with any necessary modifications as if the act or omission had occurred outside Niue.

(3) In this section, "country" includes any territory for whose international relations the Government of a country is responsible and to which the extradition treaty (if any) and the 1973 Convention or, as the case may be, the 1979 Convention, extends.

(1) Notwithstanding sections 9 to 11 of this Act, or the Extradition Act 1965 or the Fugitive Offenders Act 1881, a person whose surrender is sought in respect of any act or omission that amounts to a crime under section 8 of this Act shall not be surrendered from Niue to another country if it appears to the Minister of Justice, or to the Court before which that person is brought, or to any Court or Judge on an application for a writ of habeas corpus, that –

(a) The surrender of the accused person, although purporting to have been sought in respect of such a crime, was sought for the purposes of prosecuting or punishing him on account of his race, ethnic origin, religion, nationality, or political opinions; or

(i) he may be prejudiced at his trial, or punished, detained, or restricted in his personal liberty, by reason of his race, ethnic origin, religion, nationality, or political opinions; or

(ii) his position may be prejudiced because communication with him by the country that is entitled in international law to exercise rights of protection in respect to the accused person cannot be effected.

(2) Notwithstanding sections 9 to 11 of this Act, but without limiting section 6 of the Fugitive Offenders Act 1881, the Minister of Justice may decline under section 6 to order the surrender of a person from Niue to another Commonwealth country in respect of any act or omission that amounts to a crime against any of sections 3 to 8 of this Act if it appears to the Minister that, in respect of the act or omission, the person has been sentenced to death or is liable to be so sentenced by the appropriate authority in the country to which his surrender is sought.

(3) Notwithstanding section 9 to 11 of this Act or section 14 of the Fugitive Offenders Act 1881, no Judge shall without the consent of the Minister of Justice, order the surrender under the said section 14 of a person from Niue to another Commonwealth country in respect of any act or omission that amounts to a crime against any of sections 3 to 8 of this Act if it appears to the Judge that, in respect of the act or omission, the person has been sentenced to death or is liable to be so sentenced by the appropriate authority in the country to which his surrender is sought.

(1) Notwithstanding sections 9 to 11 of this Act or the Extradition Act 1965 or the Fugitive Offenders Act 1881, no person shall be surrendered from Niue to another country in respect of any act or omission that amounts to a crime against any of sections 3 to 8 of this Act if proceedings have been brought in Niue against that person in respect of the act or omission.

(2) Notwithstanding sections 9 to 11 of this Act or the Extradition Act 1965 or the Fugitive Offenders Act 1881, but subject to subsection (3) of this section, the High Court of Niue shall not order the surrender, or the committal for the purposes of surrender, of a person to another country in respect of an act or omission that amounts to a crime against any of sections 3 to 8 of this Act if the Secretary for Justice certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in Niue against that person in respect of the act or omission.

(3) If, in any case to which subsection (2) of this section applies, it is subsequently determined that proceedings should not be brought in Niue against the person in respect of the act or omission, the Secretary for Justice shall advise the Court accordingly, and the Court shall proceed with the matter as if the certificate of the Secretary for Justice had never been given.

(1) Subject to subsection (2) no proceedings for the trial and punishment of any person charged with a crime against any of sections 3 to 8 shall be instituted in any court except with the consent of the Cabinet.

(2) A person charged with a crime against any of those provisions may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Cabinet to the institution of a prosecution for the crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

For any purpose in connection with this Act, a certificate, given by the New Zealand Representative or any other officer of the office of the New Zealand Representative in Niue, certifying –

(a) Any fact relevant to the question of whether a person was or was not an internationally protected person at any material time; or

(b) That any country is or is not, or was or was not at any material time, a party to the 1973 Convention or to the 1979 Convention; or

(c) That the Government of any country is or is not, or was or was not at any material time, responsible for the international relations of any territory –

Nothing in this Act shall limit or affect the Entry, Residence and Departure Act 1985, the Aviation Crimes Act 1973, nor, except as expressly provided in this Act, the Niue Act 1966.

Section of Niue
Act 1966	Subject-matter
162	Rape
162 (3)	Attempt to commit rape
134-135	Murder
139	Manslaughter
147	Attempt to murder
148	Conspiracy and inciting to murder
151	Grievous bodily harm
152	Actual bodily harm
157	Assault
160	Abduction of children
236	Accessory after the fact

SCHEDULE 2
Section 4(b)(i)
Crimes Against Premises or Vehicles or Internationally Protected Persons

Section of Niue
Act 1966	Subject-matter
154	Intentionally endangering persons on aerodromes
155	Wantonly endangering persons on or near aerodromes
212	Arson
213	Wilful mischief to property
229	Attempts to commit offences

Niue Consolidated Legislation

Crimes Against Internationally Protected Persons and Hostages Act 1984