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New Zealand Representative Act 1981

NIUE

NEW ZEALAND REPRESENTATIVE ACT

Act 69 of 1981 - 1 August 1981

Analysis

Title

1. Short Title and commencement
2. Interpretation
3. The Government of New Zealand
4. Office of the New Zealand Representative
5. Diplomatic staff
6. Members of families of diplomatic staff
7. Other staff members and their families
8. Premier may determine final privileges
9. Proof of status
10. Privileges and Immunities
11. Transitional provisions
12. Consequential amendments

SCHEDULE

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AN ACT relating to the legal status of the representative of the Government of New Zealand in Niue and of designated members of his staff and their families

BE IT ENACTED by the Niue Assembly in session assembled, and by the authority of the same as follows:

1. Short title and commencement - This Act may be cited as the New Zealand Representative Act 1981 and shall come into force on the first day of August 1981.

2. Interpretation- (1) In this Act unless the context otherwise requires-

"Cabinet" means the Cabinet of Ministers of Niue established under Article 2 of the Niue Constitution

"Diplomatic courier of the Government of New Zealand" means a person (not being ordinarily resident in Niue) to whom the Government of New Zealand for the time provided an official document indicating,-

(a) His status as a diplomatic courier of the Government of New Zealand; and

(b) The number of packages constituting each bag carried by him and used for the official correspondence of the Government of New Zealand.

"Diplomatic staff of the office of the New Zealand Representative" means the New Zealand Representative, and those members of the staff of his office who for the time being hold any of the position specified in the Schedule to this Act.

"New Zealand Representative" means the person who is for the time being recognised by the Government of Niue as the representative of the Government of New Zealand in Niue.

"Premier" means the person appointed as premier of Niue pursuant to Article 4 of the Niue Constitution.

"Secretary to the Government" means the person appointed as secretary to the Government pursuant to Article 63 of the Niue constitution.

"The 1968 Act" means the Diplomatic Privileges and Immunities Act 1968 of New Zealand.

(2) In this Act a reference to a person ordinarily resident in Niue shall include a reference to-

(a) any person belonging to that part of the Polynesian race indigenous to Niue; and

(b) any person for the time being living in Niue otherwise than for the sole purpose of:

(i) performing his duties as a member of the Office of the New Zealand Representative; and

(ii) being a member of the family forming part of the household of a person referred to in sub-paragraph b(i) of this paragraph.

(3) For the purposes of this Act, every reference in the First Schedule to the 1968 Act-

(a) To the sending state shall be construed as a reference to New Zealand;

(b) To the receiving state or to the country shall be construed as a reference to Niue;

(c) To a national of the receiving state shall be construed as a reference to a person who is ordinarily resident in Niue;

(d) To the Ministry of Foreign Affairs shall be construed as a reference to the Office of the Secretary to the Government of Niue;

(e) To the head of mission shall be construed as a reference to the New Zealand Representative;

(f) To the mission shall be construed as a reference to the office of the New Zealand Representative.

3. The Government of New Zealand to be accorded privileges and immunities- The Government of New Zealand shall be accorded the same privileges and immunities as are accorded to a sending state by the 1968 Act.

4. Office of the New Zealand Representative-(1) The Office of the New Zealand Representative shall be accorded the same privileges and Immunities as are accorded to a diplomatic mission by the 1968 Act.

(2) (a)The premises, furnishing, means of transport and other property of the Office of the New Zealand Representative; and

(b) The archives and documents of the office of the New Zealand Representative; and

(c) The official correspondence of the New Zealand Representative; and

(d) Articles for the official use of the office of the New Zealand Representative,

shall be accorded the same privileges and Immunities as the case requires as are accorded to those of a diplomatic mission by the 1968 Act.

(3) Without limiting the generality of section 4 and sub-sections (1) and (2) of this section-

(a) The 1968 Act shall apply to every bag used for the official correspondence of the Government of New Zealand as if it were a diplomatic bag referred to in that Act; and

(b) Every diplomatic courier of the Government of New Zealand shall be accorded the same personal inviolability, protection, and Immunities as accorded to the diplomatic under the 1968 Act.

5. Diplomatic Staff- (1) Every member of the diplomatic staff of the office of the New Zealand Representative shall be accorded the same privileges and Immunities as are accorded to a diplomatic agent by the 1968 Act.

(2) The private residence of every member of the diplomatic staff of the Office of the New Zealand Representative shall be accorded the same privileges and Immunities as are accorded to the diplomatic agent under the 1968 Act.

(3) The papers, correspondence, property and articles for the personal use of each member of the diplomatic staff of the Office of the New Zealand Representative shall be accorded the same privileges and immunities as the case requires as are accorded by those of a diplomatic agent under the 1968 Act.

6. Members of families of diplomatic staff- Every person, being a members of the family and forming part of the household of the member of the diplomatic staff of the Office of the New Zealand Representative and not in any cases being ordinarily resident in Niue shall be accorded the same privileges and Immunities as are accorded to the members of the diplomatic staff of that office by sub-sections (1) to (3) of section 5 of this Act.

7. Other staff members and their families- (1) Every person who is-

(a) A member of the administrative or technical staff of the Office of the new Zealand Representative; or

(b) A member of the family forming part of the household of a member of the administrative or technical staff of the Office of the New Zealand representative;

(c) A member of the service staff of the Office of the New Zealand Representative-

not in any case being ordinarily resident in Niue shall be accorded the same privileges and immunities as the case requires as would be accorded to that person under the 1968 Act if that office were a diplomatic mission.

(2) Every person, being a member of the administrative, technical, or service staff of the Office of the New Zealand Representative who is ordinarily resident in Niue, shall be accorded immunity from jurisdiction and inviolability in respect of office acts performed in the exercise of his functions.

8. Premier may determine fiscal privileges- Without prejudice to the provisions of section 3 to 7 inclusive of this Act, the Premier with the concurrence of the Cabinet, may from time to time determine, either generally or in any case of class of case, the fiscal privileges which shall be accorded to the Office of New Zealand Representative or person connected to that Office notwithstanding that the determination may extend treatment more favourable than that required by the provisions of this Act, and may in like manner determine the terms and conditions on which these privileges may be enjoyed.

9. Proof of Status- If in any proceeding any questions arises as to whether or not any person is or was at any time or in respect of any period accorded any privilege, or immunity, under or by virtue of this Act, a certificate issue by the Secretary to the Government stating any fact relevant to that question shall be conclusive evidence of that fact.

10. Privileges and Immunities- Subject to the provisions of this Act, privileges and immunities conferred by or by virtue of this Act shall be conferred in the same terms and conditions as to commencement and cessation, and as to waiver, as provided in the 1968 Act.

11. Transitional provisions- (1) This section shall apply to every person on whom any privilege or immunity is conferred by any of sections 3, 6 and 7(1) of this Act.

(2) Notwithstanding that-

(a) Any person to whom this section applies has entered Niue to take up his post before the commencement of this Act; or

(b) The appointment of any person to whom this section applies has been notified to the Secretary to the Government before the commencement of this Act-

the privileges or immunities conferred on that person by this Act shall be deemed to have commenced on the date on which that person so entered Niue, or as the case requires, on the date which his appointment was so notified, and in each case to have had effect continuously until cessation or waiver (if any) under this Act.

12. Consequential amendments- (1) Section 5 of the Immigration Ordinance 1967 is hereby amended by asserting paragraph (b) the following paragraph-

"(ba) Any person entitled to privileges and immunities under the New Zealand Representative Act 1981"

(2) Section 2 of the Air Travel Tax Act 1980 is hereby amended by inserting in sub-section (2) after paragraph (f) the following paragraph-

"(g) Any person entitled to privileges and immunities under the New Zealand Representative Act 1981."

(3) The Manufactured Goods Tax Ordinance 1964 is hereby amended by inserting the after section 10 the following section-

"10A. The provisions of this Ordinance shall not apply to any person entitled to privileges and immunities under the New Zealand Representative Act 1981".

SCHEDULE

DIPLOMATIC STAFF OF THE OFFICE OF THE NEW ZEALAND REPRESENTATIVE

Deputy New Zealand Representative

Minister

Counsellor

First Secretary

Second Secretary

Third Secretary

Attaché

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