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New Zealand Representative Act 1981

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

NEW ZEALAND REPRESENTATIVE ACT 1981

1981/69 – 1 August 1981

1 Short title
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 fiscal privileges
9 Proof of status
10 Privileges and immunities
11-12 [Spent]

SCHEDULE

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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

1 Short title

This is the New Zealand Representative Act 1981.

2 Interpretation

(1) In this Act –

"diplomatic courier of the Government of New Zealand" means a person (not being ordinarily resident in Niue) to whom the Government of New Zealand has for the time being 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 positions specified in the Schedule;

"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;

"1968 Act" means the Diplomatic Privileges and Immunities Act 1968.

(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 family forming part of the household of a person referred to in sub-paragraph (i).

(3) For the purposes of this Act, every reference in the 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

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, furnishings, 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 3 and subsections (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 immunity as are accorded to diplomatic couriers 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 that of a 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 to those of a diplomatic agent under the 1968 Act.

6 Members of families of diplomatic staff

Every person, being a member of the family and forming part of the household of a member of the diplomatic staff of the Office of the New Zealand Representative and not in any case being ordinarily resident in Niue shall be accorded the same privileges and immunities as are accorded to members of the diplomatic staff of that office by section 5.

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; or

(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 official acts performed in the exercise of his functions.

8 Premier may determine fiscal privileges

Without prejudice to sections 3 to 7, the Premier with the concurrence of Cabinet, may determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to the Office of the New Zealand Representative or persons connected with that Office notwithstanding that the determination may extend treatment more favourable than that required by 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 question 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 issued 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 this Act, privileges and immunities conferred by or by virtue of this Act shall be conferred on the same terms and conditions as to commencement and cessation, and as to waiver, as are provided in the 1968 Act.

11-12 [Spent] ––––––––––––––––––––

SCHEDULE

DIPLOMATIC STAFF OF THE OFFICE OF THE NEW ZEALAND REPRESENTATIVE

Deputy New Zealand Representative
Minister
Counsellor
First Secretary
Second Secretary
Third Secretary
Attache