Gobbi, Mark --- "Treaty Action and Implementation" [2008] NZYbkIntLaw 34; (2008) 6 New Zealand Yearbook of International Law 379

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This article documents governmental activity undertaken to implement New Zealand’s international obligations during the current interval.^[1] It concludes that the level of activity in the current interval, relative to the previous interval, has increased for the parliamentary branch of government but has decreased for the executive and judicial branches. This overview summarises that activity and compares it with the activity undertaken during the previous interval.^[2]

1. Acts of Parliament

During the current interval, Parliament enacted 49 bills with implications for New Zealand’s international obligations. Thirty-nine simply amended Acts that had implemented treaties, eight improved compliance with treaties that had already been implemented, and two implemented eight new agreements. Forty-six of these Acts involved multilateral agreements and three involved an international code of conduct.
In terms of Acts, this level of activity is greater than the previous interval. During the previous interval, Parliament enacted 35 bills with implications for New Zealand’s international obligations. Twenty-one simply amended Acts that had implemented treaties, seven improved compliance with treaties that had already been implemented, six implemented eight new agreements, and one repealed an implementing Act. Thirty-four of these Acts involved multilateral agreements and one involved a bilateral agreement.^[3]

2. Treaty Examination Reports

During the current interval, the House of Representatives considered seven select committee reports on treaties (nine agreements in all). Six of these reports gave a positive pro forma response to the treaty examined (i.e. ‘no matters to bring to the attention of the House’). Public submissions did not feature in these reports. One report brought matters to the attention of the House. Public submissions did not feature in this report, and it did not warrant a Government response.
In terms of reports, this level of activity is less than during the previous interval (13 fewer reports). In terms of agreements examined, this level of activity is also less than during the previous interval (12 fewer agreements). During the previous interval, the House of Representatives considered 20 select committee reports on treaties (21 treaties in all). Nineteen of these reports gave a positive pro forma response to the treaty examined (i.e. ‘no matters to bring to the attention of the House’). Public submissions did not feature in these reports. One report brought matters to the attention of the House. Public submissions did not feature in this report, but it warranted a Government response.^[4]

During the current interval, the Executive made 18 regulations that implemented New Zealand’s international obligations. Five of these regulations implemented bilateral agreements, while the remaining 13 implemented multilateral agreements (four dealt with the same agreement). Five implemented environmental agreements, five dealt with civil aviation, two implemented United Nations Security Council resolutions, two dealt with mutual recognition agreements with Australia, one concerned diplomatic relations, one dealt with social welfare reciprocity, one implemented an agreement regarding mutual assistance in criminal matters, and one implemented a vehicle emissions standards relevant to a mutual recognition agreement.
This level of activity is less than during the previous interval. During the previous interval, the Executive made 20 regulations that implemented New Zealand’s international obligations (although one of these 20 amended five different regulations to give effect to changes made to one multilateral agreement). One of these regulations concerned the incorporation of foreign national standards, seven implemented bilateral agreements, two implemented quadrilateral agreements, while the remaining 10 implemented multilateral agreements. Seven implemented trade agreements, four dealt with safety standards or agreements, three implemented environmental agreements, two gave effect to bilateral tax agreements, two dealt with United Nations Security Council resolutions, one implemented an aviation agreement, and one dealt with fisheries.^[5]
During the current interval, the Executive was involved in 56 treaty actions with respect to nine multilateral agreements and 23 bilateral agreements. Of the nine multilateral agreements, the Executive signed one, accepted one, acceded to two, and ratified three. Six came into force. Of the 23 bilateral agreements, the Executive signed 18, adhered to 10, and ratified one. Fourteen came into force.
This level of activity is greater than the level of activity that took place during the previous interval. During the previous interval, the Executive was involved in 48 treaty actions with respect to 12 multilateral agreements and 15 bilateral agreements. Of the 12 multilateral agreements, the Executive signed five and adhered to five. Six came into force.^[6] Of the 15 bilateral agreements, the Executive signed 10 and adhered to 11. Eleven came into force.
New Zealand is required to provide periodic reports to the United Nations regarding its compliance with the following human rights treaties:^[7] the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination Against Women (1979), the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Convention on the Rights of the Child (1989).^[8]
During the current interval, the Executive submitted New Zealand’s fifth periodic report regarding the International Covenant on Civil and Political Rights to the United Nations.^[9] It also produced for consultation a consolidated draft of New Zealand’s third and fourth periodic reports regarding the Convention on the Rights of the Child,^[10] and made some progress on a draft of New Zealand’s third periodic report regarding the International Covenant on Economic, Social and Cultural Rights.^[11] In addition, the United Nations Committee on the Elimination of Discrimination against Women considered New Zealand’s sixth periodic report regarding the Convention on the Elimination of All Forms of Discrimination against Women.^[12] New Zealand also provided updated information to the United Nations Committee on the Elimination of Racial Discrimination with respect to New Zealand’s 15th to 17th periodic reports regarding the International Convention on the Elimination of All Forms of Racial Discrimination.^[13]
This level of activity is similar to the level of activity that took place during the previous interval. During the previous interval, the Executive submitted one periodic report to the United Nations.^[14]

During the current interval, the judiciary delivered 40 judgments that referenced New Zealand’s international obligations. Seven of these judgments were reported in the New Zealand Law Reports series; the Supreme Court delivered three, the Court of Appeal delivered one, and the High Court delivered three. Eleven were reported in other series; the Court of Appeal delivered one, the High Court delivered four, and the Family Court delivered six. Twenty two were unreported; the Court of Appeal delivered one, the High Court delivered 17, the District Court delivered two, the Environment Court delivered one, and the Sports Tribunal delivered one.
Of these 40 judgments, 13 dealt with custody matters, five with administrative law matters, four with immigration matters, four with criminal procedure matters, two with adoption matters, two with sentencing matters, and two with resource management matters. One dealt with civil procedure, one with social welfare, one with family law, one with sports law, one with conflict of laws, one with parole, one with maritime law, and one with the bill of rights.
These 40 judgments referred to 16 different international agreements (one of which does not have New Zealand as a party), of which three are bilateral and 13 are multilateral, and to four international standards or guidelines. In total, these judgments have 46 references. In these cases, the most frequently cited international agreements are the Hague Convention on the Civil Aspects of International Child Abduction (1980) (11 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (six references),^[15] the Convention on the Rights of the Child (1989) (five references), the International Covenant on Civil and Political Rights (1966) (four references), the Convention relating to the Status of Refugees (1951) (four references), and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) (two references). Ten other agreements are referenced by one judgment.
In terms of the number of judgments delivered, the level of activity is half the level of activity that took place during the previous interval. In terms of the number of references to international agreements, the level of activity is two-fifths of the previous level of activity. During the previous interval, the judiciary delivered 81 judgments that referenced New Zealand’s international obligations. Thirteen of these judgments were reported in the New Zealand Law Reports series; the Supreme Court delivered five, the Court of Appeal delivered five, and the High Court delivered three. Twenty-two were reported in other series; the Court of Appeal delivered six, the High Court delivered eight, the Family Court delivered four, the Employment Court delivered two, and the Employment Relations Authority delivered two. Forty-six were unreported; the Supreme Court delivered two, the Court of Appeal delivered six, the High Court delivered 31, the District Court delivered six, and the Environment Court delivered one.
Of these 81 judgments, 14 dealt with custody matters, 11 with immigration matters, eight with civil procedure matters, eight with criminal matters, seven with administrative law matters, and six with criminal procedure matters. Four dealt with employment, three with habeas corpus, three with sentencing, two with maintenance, two with intellectual property, and two with evidence. One dealt with admiralty, one with barristerial immunity, one with torts, one with legal aid, one with international law, one with statutory interpretation, one with summary proceedings, one with constitutional law, one with resource management, one with health practitioners, and one with accident compensation.
These 81 judgments referred to 33 different international agreements (one of which does not have New Zealand as a party), of which two are bilateral and 31 are multilateral. In total, these judgments have 117 references. In these cases, the most frequently cited international agreements are the International Covenant on Civil and Political Rights (1966) (26 references), the Convention on the Rights of the Child (1989) (15 references), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950) (12 references),^[16]the Hague Convention on the Civil Aspects of International Child Abduction (1980) (11 references), the Universal Declaration of Human Rights (1948) (six references), and the Convention relating to the Status of Refugees (1951) (five references). Three other agreements are referenced by three judgments, nine other agreements are referenced by two judgments, and 15 other agreements are referenced by one judgment.

During the current interval, all three branches of government took part in the implementation of New Zealand’s international obligations. The level of activity for the parliamentary branch of government has, on balance, increased relative to the previous interval (more Acts, less reports). The level of activity for the executive and judicial branches has decreased. International agreements remain an important source of law in New Zealand.

This Part sets out the treaty actions taken by the Executive during the current interval. It also sets out the reports on treaties that the Executive tabled in the House during the current interval.

A. Executive Treaty Action^[17]

1. Multilateral Treaties

International Tropical Timber Agreement (signed on 6 March 2008)

Agreement Establishing the Pacific Islands Forum (ratified on 16 July 2007)

United Nations Educational, Scientific and Cultural Organisation Convention on the Protection and Promotion of the Diversity of Cultural Expressions (acceded to on 5 October 2007; entered into force for New Zealand on 5 January 2008)

Protocol on Explosive Remnants of War to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (accepted on 3 October 2007; entered into force for New Zealand on 3 April 2008)

Amendment to the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (accepted on 21 August 2007; entered into force for New Zealand on 21 February 2008)

Convention on the Recognition of Qualifications concerning Higher Education in the European Region (acceded to on 4 December 2007; entered into force for New Zealand on 1 February 2008)

Memorandum of Understanding on the Establishment of the Pacific Forum Line Limited (entered into force for New Zealand on 1 February 2008)

Convention Establishing the Multilateral Investment Guarantee Agency (ratified on 17 January 2008)

International Labour Organisation Convention Concerning Occupational Safety and Health and the Working Environment (No. 155) (ratified on 12 June 2007; entered into force for New Zealand on 12 June 2008)

2. Bilateral Treaties

Agreement on a Working Holiday Scheme between the Government of New Zealand and the Government of the Republic of Poland (signed on 9 May 2008)

Exchange of Notes Constituting an Agreement between the Governments of New Zealand and Japan based upon Japan’s Law Regarding Special Measures Concerning Supply Assistance Activities in Support of Counter-Terrorism Maritime Interdiction Activities (signed on 11 April 2008; entered into force for New Zealand on 11 April 2008)

Agreement between the Government of New Zealand and the People’s Republic of China in the Field of Conformity Assessment in relation to Electrical and Electronic Equipment and Components (signed on 7 April 2008)

Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China (signed on 7 April 2008)

Environment Cooperation Agreement between New Zealand and the People’s Republic of China (signed on 7 April 2008)

Memorandum of Understanding on Labour Cooperation between New Zealand and the People’s Republic of China (signed on 7 April 2008)

Agreement between New Zealand and the Kingdom of the Netherlands on the Holding of Stocks of Crude Oil, Major Products and Unfinished Oils (signed on 1 April 2008)

Film Co-Production Agreement between New Zealand and the Kingdom of Spain (signed on 16 January 2008; adhered to by third person note on 7 February 2008; entered into force for New Zealand on 3 June 2008)

Agreement in the Form of an Exchange of Letters between New Zealand and the European Community pursuant to Article XXVIII of the GATT 1994 Relating to the Modification of the WTO Tariff Quota for New Zealand Butter Provided for in the EC Schedule CXL Annexed (signed on 20 December 2007; entered into force for New Zealand on 20 December 2007)

Agreement between the Government of New Zealand and the Government of the Republic of the Philippines on Air Services (signed on 20 November 2007)

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 (signed on 7 November 2007)

Agreement between the Czech Republic and New Zealand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (signed on 26 October 2007)

Agreement between the Government of New Zealand and the Government of Japan on Petroleum Oil Stocks (signed on 5 November 2007; entered into force for New Zealand on 5 November 2007)

Agreement between the Government of New Zealand and the Government of Ireland Concerning the Co-Production of Films (signed on 29 October 2007; adhered to by third person note on 23 January 2008; entered into force for New Zealand on 23 January 2008)

Agreement on the Security of Information between the North Atlantic Treaty Organisation and New Zealand (signed on 3 October 2007; adhered to by third person note on 8 October 2007; entered into force for New Zealand on 15 October 2007)

Agreement between the European Union and New Zealand on the Participation of New Zealand in the European Union Police Mission in Afghanistan (signed on 3 October 2007; adhered to by third person note on 7 January 2008; entered into force for New Zealand on 1 February 2008)

Exchange of Notes Constituting an Agreement to amend the Agreement between the Government of New Zealand and the Government of the Republic of Korea for Air Services between and beyond their Respective Territories (adhered to by third person note on 30 July 2007; entered into force for New Zealand on 21 August 2007)

Agreement between New Zealand and the Kingdom of Spain on Remunerated Activities for Dependants of Diplomatic Consular, Administrative and Technical Personnel of Diplomatic Missions (signed on 12 April 2007; adhered to by third person note on 29 January 2008; entered into force for New Zealand on 1 March 2008)

Agreement between New Zealand and the Republic of Austria with Respect to Taxes on Income and on Capital, with Protocol (ratified on 11 September 2007; entered into force for New Zealand on 1 January 2008)

Agreement between New Zealand and the European Community on Certain Aspects of Air Services (signed on 6 April 2006; adhered to by third person note on 23 November 2007; entered into force for New Zealand on 1 January 2008)

Treaty between New Zealand and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (adhered to by third person note on 23 November 2007; entered into force for New Zealand on 1 January 2008)

Agreement between the Government of New Zealand and the Government of Australia in Relation to Mutual Recognition of Securities Offerings (adhered to by third person note on 13 June 2008; entered into force for New Zealand on 13 June 2008)

Agreement between the Government of New Zealand and the Government of the United States of America for Promotion of Aviation Safety (adhered to by third person note on 13 September 2007; entered into force for New Zealand on 13 September 2007)

1. Reports Where No Matters Were Drawn to the Attention of the House

Report on International Treaty Examination of the United Nations Educational, Scientific and Cultural Organisation Convention on the Protection and Promotion of the Diversity of Cultural Expressions; Foreign Affairs, Defence and Trade Committee (presented 10 August 2007)

Report on International Treaty Examination of the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand to Amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains; Finance and Expenditure Committee (presented 12 December 2007)

Report on International Treaty Examination of the Agreement between the Czech Republic and New Zealand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income; Finance and Expenditure Committee (presented 12 December 2007)

Report on International Treaty Examination on Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty on Liability Arising from Environmental Emergencies; Foreign Affairs, Defence and Trade Committee (presented 22 February 2008)

Report on International Treaty Examination of the Convention for the Protection of Cultural Property in the Event of Armed Conflict (UNESCO, The Hague, 1954) and the First (1954) and Second (1999) Protocols to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954; Government Administration Committee (presented 21 May 2008)

Report on International Treaty Examination of the Agreement between the Government of New Zealand and the Government of the Kingdom of the Netherlands in respect of the Netherlands Antilles for the Exchange of Information with respect to Taxes; Finance and Expenditure Committee (presented 20 June 2008)

2. Reports Where Matters Were Drawn to the Attention of the House

Report on International Treaty Examination of the Convention on the Recognition of Qualification Concerning Higher Education in the European Region (1997); Education and Science Committee (presented 11 October 2007):

The Committee stated that it believes that acceding to this convention will align New Zealand qualifications with those of other signatories and ensure that these qualifications are better recognised and understood, which it considers to be very positive for New Zealand.

This Part sets out the legislation dealt with during the current interval that concerns New Zealand’s international obligations. It is divided into two sections, the first listing the Acts that were enacted and the second listing the regulations that were made.

Acts of Parliament relating to New Zealand’s international obligations are identified as: (1) Acts simply amending legislation that has implemented treaties; (2) Acts improving compliance with treaties that have already been implemented; or (3) Acts implementing new treaty obligations.

1. Acts Simply Amending Legislation that Implemented Treaties

This Act amends the Broadcasting Act 1989, which implements the International Chamber of Commerce International Code of Advertising Practice (1987). The amendment replaces the definition of ‘total operating revenue’ with the definition of ‘total revenue’.

This Act amends the Broadcasting Act 1989, which implements the International Chamber of Commerce International Code of Advertising Practice (1987). The amendment redraws several provisions regarding complaints referred to the Broadcasting Standards Authority.

This Act amends the Broadcasting Act 1989, which implements the International Chamber of Commerce International Code of Advertising Practice (1987). The amendments alter various function and funding provisions to authorise and fund the transmission of content on demand.

This Act amends the Care of Children Act 2004, which implements the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Civil Aspects of International Child Abduction (1980). The amendments alter the provisions dealing with the authority to use a faxed copy of a warrant and the provisions dealing with the grounds for refusal of an order for the return of a child.

This Act amends the Children, Young Persons, and Their Families Act 1989, which implements the Arrangement between New Zealand and Australian States and Territories regarding the transfer of children subject to child protection orders (2000). The amendments alter the provisions dealing with the authority to use a faxed copy of a warrant.

This Act amends the Corrections Act 2004, which implements the United Nations Standard Minimum Rules for the Treatment of Prisoners (1955, amended 1977) and the Convention on the Rights of the Child (1989). The amendments facilitate the disclosure of prisoner information for certain purposes. The amendments, along with those contained in the Customs and Excise (Social Assistance) Amendment Act 2008 and the Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008, were originally part of the Social Assistance (Debt Prevention and Minimisation) Amendment Bill.

This Act amends the Crimes Act 1961, which implements the Convention relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980),^[18] the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989), the Convention on the Rights of the Child (1989), the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991), ILO Convention 182 (1999): Concerning the Worst Forms of Child Labour, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997), the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000), the Convention against Transnational Organized Crime (2000), the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organized Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organized Crime (2000). The amendments repeal the provisions related to seditious offences under that Act.

This Act amends the Crimes Act 1961, which implements the agreements specified in the immediately preceding entry. The amendments provide for trial without jury in certain circumstances and make a number of procedural changes. The amendments, along with those contained in the Criminal Disclosure Act 2008, the District Courts Amendment Act 2008, the Juries Amendment Act 2008, and the Summary Proceedings Amendment Act (No 2) 2008, were originally part of the Criminal Procedure Bill.

This Act amends the Customs and Excise Act 1996, which implements the Customs Convention on the Temporary Importation of Private Road Vehicles (1954), the Customs Convention on Containers (1972), the Protocol of Amendment to the International Convention on the Simplification and Harmonization of Customs Procedures (1999), and the standard for motor fuel testing established by the American Society for Testing and Materials International (ASTM D2699:79). The amendment facilitates the exchange of information between the New Zealand Customs Service and the department for the time being responsible for the administration of the Social Security Act 1964 to determine eligibility for a benefit and the amount of the benefit, and enable the recovery of any debt due to the Crown in respect of any benefit. The amendments, along with those contained in the Corrections (Social Assistance) Amendment Act 2008 and the Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008, was originally part of the Social Assistance (Debt Prevention and Minimisation) Amendment Bill.

This Act amends the Defence Act 1990, which implements the Canberra Pact (1944), the ANZUS Treaty (1951), the Convention on the Rights of the Child (1989), the Optional Protocol to Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2000), and the Closer Defence Relations (an ongoing defence relationship between Australia and New Zealand). The amendments make several small changes as a consequence of the Court Martial Act 2007 and the Court Martial Appeals Amendment Act 2007 which, along with the Defence Amendment Act (No 2) 2007, were originally part of the Armed Forces Law Reform Bill.

This Act amends the District Courts Act 1947, which implements aspects of the International Covenant on Civil and Political Rights (1966). The amendments modify provisions dealing with the jurisdiction of the district courts, maximum sentences, and appeals against sentences. The amendments, along with those contained in the Criminal Disclosure Act 2008, the Crimes Amendment Act (No 2) 2008, the Juries Amendment Act 2008, and the Summary Proceedings Amendment Act 2008, were originally part of the Criminal Procedure Bill.

This Act amends the Education Act 1989, which implements aspects of the ILO Convention 10 (1921): Minimum Age (Agriculture), the ILO Convention 58 (1936): Minimum Age (Sea), the ILO Convention 59 (1937): Minimum Age (Industry), the Convention against Discrimination in Education (1960), and the ILO Convention 122 (1964): Employment Policy. The amendments, among other things, alter the provisions regarding the cancellation of registration.

This Act amends the Electoral Act 1993, which implements aspects of the International Covenant on Civil and Political Rights (1966) and the Convention on the Elimination of All Forms of Discrimination against Women (1979). The amendments make a series of consequential changes owing to the enactment of the Electoral Finance Act 2007.

This Act amends the Employment Relations Act 2000, which implements ILO Convention 11 (1921): Right of Association (Agriculture), ILO Convention 14 (1921): Weekly Rest (Industry), ILO Convention 22 (1926): Seamen’s Articles of Agreement, ILO Convention 32 (1932): Protection against Accidents (Dockers), and ILO Convention 122 (1964): Employment Policy. It also incorporates the principles underlying ILO Convention 87 (1948): Freedom of Association and ILO Convention 98 (1949): Right to Organise and Bargain Collectively. The amendments provide a right to certain employees to request a variation of certain terms and conditions of their working arrangements if they provide care for another and place certain duties on employers who receive a request.

This Act amends the Evidence Act 2006, which implements aspects of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), the International Covenant on Civil and Political Rights (1966), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). The amendments provide that nothing in the Evidence Act 2006 affects the common law relating to the admissibility of statements of co-conspirators and, in certain circumstances, statements of defendants made against co-defendants.

This Act amends the Family Courts Act 1980, which implements aspects of the Convention on the Elimination of All Forms of Discrimination against Women (1979). The amendment adds the Civil Union Act 2004 to the jurisdiction of family courts.

This Act amends the Films, Videos, and Publications Classification Act 1993, which implements the Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications (1923), the Protocol to amend the Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications (1947), the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the ILO Convention 182 (1999): Worst Forms of Child Labour, and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000). The amendment changes a cross reference.

This Act amends the Fisheries Act 1996, which implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982) and the United Nations Fish Stocks Agreement (1995). The amendments alter several cross-references and modify provisions regarding the cessation of certain moratoriums and the notification of eligibility to receive provisional catch history.

This Act amends the Health Act 1956, which implements the Convention for the Constitution of the World Health Organisation (1946) and the Protocol concerning the Office International d’Hygiène Publique (1946). The amendments insert a new Part into that Act. The purpose of the new Part is to protect the health and safety of people and communities by promoting adequate supplies of safe and wholesome drinking water from all drinking-water supplies.

The Act amends the Human Rights Act 1993, which implements the Universal Declaration of Human Rights (1948), the ILO Convention 97 (1949): Migration for Employment, the ILO Convention 100 (1951): Equal Remuneration, the Convention relating to the Status of Refugees (1951), the ILO Convention 111 (1958): Discrimination (Employment and Occupation), the Convention on the Elimination of All Forms of Racial Discrimination (1963), the ILO Convention 122 (1964): Employment Policy, the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the Optional Protocol to the International Covenant on Civil and Political Rights (1966), and the Convention on the Elimination of All Forms of Discrimination against Women (1979). The amendment alters the provision dealing with a condition in restraint of marriage to account for civil unions or de facto relationships.

This Act amends the Police Complaints Authority Act 1988, which implements aspects of the International Covenant on Civil and Political Rights (1966) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). The amendments reform the complaints process and change the name of that Act to the Independent Police Conduct Authority Act 1988.

Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008:

This Act amends the Injury Prevention, Rehabilitation, and Compensation Act 2001, which repealed the Accident Insurance Act 1998 (repealed), which continues to apply with respects to Parts 10 and 11 of the Injury Prevention, Rehabilitation, and Compensation Act 2001. The Accident Insurance Act 1998 (repealed) implemented ILO Convention 12 (1921): Workmen’s Compensation (Agriculture), ILO Convention 17 (1925): Workmen’s Compensation (Accidents), and ILO Convention 42 (1934): Workmen’s Compensation (Occupational Diseases). The amendment facilitates the exchange of information between the Accident Compensation Corporation and the department for the time being responsible for the administration of the Social Security Act 1964 to determine eligibility for a benefit and the amount of the benefit, and enable the recovery of any debt due to the Crown in respect of any benefit. The amendment, along with those contained in the Corrections (Social Assistance) Amendment Act 2008 and Customs and Excise (Social Assistance) Amendment Act 2008, was originally part of the Social Assistance (Debt Prevention and Minimisation) Amendment Bill.

Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008:

This Act amends the Land Transport Act 1998, which implements the Convention on Road Traffic (1949). The amendments alter certain cross-references, provide that a person must immediately surrender his or licence to an enforcement officer if the enforcement officer suspends that person’s licence, and alter the provision dealing with failure to comply with prescribed work time restrictions or rest time requirements.

This Act amends the Legal Services Act 2000, which implements the Convention relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), and the Convention on the Elimination of All Forms of Discrimination against Women (1979). The amendments alter some terminology.

This Act amends the Misuse of Drugs Act 1975, which implements the Single Convention on Narcotic Drugs (1961), the Convention on Psychotropic Substances (1971), the Protocol to the Single Convention on Narcotic Drugs (1972), the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), and aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^[19] and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments add certain substances to the lists of controlled drugs.

This Act amends the Misuse of Drugs Act 1975, which implements the Single Convention on Narcotic Drugs (1961), the Convention on Psychotropic Substances (1971), the Protocol to the Single Convention on Narcotic Drugs (1972), the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), and aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^[20] and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendment alters the definition of ‘member of the police’.

This Act amends the Radiocommunications Act 1989, which implements the Convention on International Civil Aviation (1944), the International Convention for the Safety of Life at Sea (1974), and the Radio Regulations annexed to the International Telecommunication Convention (1982). The amendments replace the provisions concerning the appointment of the Registrar and Deputy Registrars of Radio Frequencies.

This Act amends the Radiocommunications Act 1989, which implements the Convention on International Civil Aviation (1944), the International Convention for the Safety of Life at Sea (1974), and the Radio Regulations annexed to the International Telecommunication Convention (1982). The amendment alters a provision dealing with the aggregation of current and successive management rights.

This Act amends the Resource Management Act 1991, which implements the Convention on Wetlands of International Importance especially as Waterfowl Habitat (1971), the United Nations Framework Convention on Climate Change (1992), and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The amendment replaces a reference to Minister of Justice with a reference to the Attorney-General in section 253 of that Act.

This Act amends the Sentencing Act 2002, which implements aspects of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^[21] and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments deal with the hierarchy of sentences and orders, sentencing guidelines, intensive supervision, community detention, home detention, and judicial monitoring.

This Act amends the Social Welfare (Transitional Provisions) Act 1990, which implements the Social Security Agreement with Australia (2002) and a number of reciprocity agreements that are given effect in orders made under that Act. The amendment simplifies section 46 of that Act, which concerns the membership of the New Zealand Artificial Limb Board.

This Act amends the State Sector Act 1988, which implements the ILO Convention 111 (1958): Discrimination (Employment and Occupation). The amendment eliminates a cross-reference.

This Act amends the Status of Children Act 1969, which implements aspects of the Universal Declaration of Human Rights (1948), the Convention relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), and the International Covenant on Economic, Social and Cultural Rights (1966). The amendment changes a cross-reference.

This Act amends the Summary Offences Act 1981, which implements aspects of the International Covenant on Civil and Political Rights (1966). The amendments deal with tagging and graffiti vandalism.

This Act amends the Summary Proceedings Act 1957, which implements aspects of the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980),^[22] the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), and the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991). The amendments adjust Schedule 1 of that Act.

This Act amends the Summary Proceedings Act 1957, which implements aspects of the agreements specified in the immediately proceeding entry. The amendments specify the requirements relevant to committal proceedings for indictable offences. The amendments, along with those contained in the Crimes Amendment Act (No 2) 2008, the Criminal Disclosure Act 2008, the District Courts Amendment Act 2008, and the Juries Amendment Act 2008, were originally part of the Criminal Procedure Bill.

This Act amends the Trade in Endangered Species Act 1989, which implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The amendments alter some terminology.

2. Acts Improving Compliance with Treaties Already Implemented

This Act amends the Arbitration Act 1996, which implements the Protocol on Arbitration Clauses (1923), the Convention on the Execution of Foreign Arbitral Awards (1927), the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), and the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (1985). The purpose of the amendments is to improve the operation of that Act.

This Act amends the Aviation Crimes Act 1972, which implements the Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963), the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971), and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988). The amendments authorise certain officers to possess, carry, and use firearms, weapons, ammunition, and other equipment on board aircraft in certain circumstances. The amendments complement the amendments set out in the Civil Aviation Amendment Act 2007 (discussed below).

This Act amends the Civil Aviation Act 1990, which implements the Convention on International Civil Aviation (1944) and the Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007). The amendments enhance the pre-boarding screening and searching provisions of that Act. The amendments complement the amendments set out in the Aviation Crimes Amendment Act 2007 (discussed above).

This Act amends the Copyright Act 1994, which implements the Berne Convention for the Protection of Literary and Artistic Works (1896 as amended 1971), the Universal Copyright Convention (1952), and the GATT Agreement on Trade-Related Aspects of Intellectual Property Rights (1994). The amendments rework a number of provisions in that Act to account for new technologies.

This Act amends the Crimes Act 1961, which implements the Convention relating to the Status of Refugees (1951), the International Covenant on Civil and Political Rights (1966), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980),^[23] the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Recommendations of the Financial Action Task Force on Money Laundering (Task Force established 1989), the Convention on the Rights of the Child (1989), the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991), ILO Convention 182 (1999): Concerning the Worst Forms of Child Labour, the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997), the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2000), the Convention against Transnational Organized Crime (2000), the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organized Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organized Crime (2000). The amendment omits the words ‘that is punishable by death or’ from section 35(a) of that Act.

This Act amends the Hazardous Substances and New Organisms Act 1996, which implements the Convention on Persistent Organic Pollutants (2001). The amendments clarify that regulations may be made prescribing requirements for stationary containers that require a person to achieve performance criteria that are additional to or more restrictive in relation to any building work than the performance criteria specified in the building code.

This Act amends the Hazardous Substances and New Organisms Act 1996, which implements the Convention on Persistent Organic Pollutants (2001). The amendment provide for incidentally imported new organisms. The amendments, along with those contained in the Biosecurity Amendment Act (No 2) 2008, were originally part of the Biosecurity and Hazardous Substances and New Organisms Legislation Amendment Bill.

This Act amends the Privacy Act 1993, which implements the Recommendation of the Council of the Organisation for Economic Co-operation and Development Concerning the Protection of Privacy and Transborder flows of Personal Data (1980). The amendments modify the entries in Schedule 5 of the Privacy Act 1993, which specifies the law enforcement information that may be accessed by a public sector agency specified in Schedule 5.

This Act amends the International Finance Agreements Act 1961. The amendments implement the Convention Establishing the Multilateral Investment Guarantee Agency (1985).

This Act amends the Terrorism Suppression Act 2002, which implements the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980),^[25] the Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991), the International Convention for the Suppression of Terrorist Bombing (1997), the International Convention for the Suppression of the Financing of Terrorism (1999), and Anti-terrorism Resolution 1373 passed by the Security Council of the United Nations Organisation (2001). The Act also implements standards set out and assessed by the Financial Action Task Force on Money Laundering.^[26] The amendments implement the Convention for the Suppression of Acts of Nuclear Terrorism (2005), amendments to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980), and resolutions 1267 (1999), 1333 (2000), and 1390 (2002) of the Security Council of the United Nations.

B. Regulations^[27]

This section sets out the regulations made during the current interval that relate to New Zealand’s international obligations.^[28]

These regulations are made under section 50 of the Climate Change Response Act 2002. The Act implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The regulations set out the various requirements in relation to the Registry established under section 10 of the Climate Change Response Act 2002. The purpose of the Registry is to ensure the accurate accounting of the issue, holding, acquisition, transfer, retirement, and cancellation of all the unit types specified in the Kyoto Protocol (namely, assigned amount units, certified emission reduction units, emission reduction units, long-term certified emission reduction units, removal units, and temporary certified emission reduction units).

This order is made under section 9 of the Diplomatic Privileges and Immunities Act 1968. The Act implements the Vienna Convention on Diplomatic Relations (1961). The order, which replaces the Diplomatic Privileges (South Pacific Forum Secretariat) Order 1996, confers specified privileges and immunities on the Secretariat and certain members of the Secretariat.

This notice is made under section 113C of the Fisheries Act 1996. The Act implements the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1982) and the United Nations Fish Stocks Agreement (1995). This notice notifies the Report of the Third International Meeting on the Establishment of the proposed South Pacific Regional Fisheries Management Organisation as constituting a global, regional, or sub-regional fisheries organisation or arrangement within the definition of that term in section 113B of the Fisheries Act 1996, and the interim measures adopted by that Report as constituting international conservation and management measures within the definition of that term in section 113B of the Fisheries Act 1996.

These regulations are made under sections 67Y and 67ZL of the Forests Act 1949, which were enacted to give effect to aspects of the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997). The regulations set out the various requirements in relation to the establishment and maintenance of permanent forest sinks with respect to Kyoto-compliant land.

Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (People’s Republic of China) Regulations 2007:

These regulations are made under section 65 of the Mutual Assistance in Criminal Matters Act 1992. The Act implements aspects of the Single Convention on Narcotic Drugs (1961), the Convention for the Suppression of Unlawful Seizure of Aircraft (1970), the Convention on Psychotropic Substances (1971), the Protocol to the Single Convention on Narcotic Drugs (1972), the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971), the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (1973), the Convention against the Taking of Hostages (1979), the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984), the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation (1988), the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (1988), the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (1988), the Convention on the Safety of United Nations and Associated Personnel (1994), the Convention against Transnational Organized Crime (2000), the Protocol against the Smuggling of Migrants, by Land, Sea and Air, supplementing the Convention against Transnational Organized Crime (2000), and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the Convention against Transnational Organized Crime (2000). The regulations implement the Treaty between New Zealand and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (2006). They do not affect the Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Hong Kong Special Administrative Region of the People’s Republic of China) Regulations 1999.

Securities (Mutual Recognition of Securities Offerings-Australia) Regulations 2008:

These regulations are made under sections 74 and 78 of the Securities Act 1978. The regulations implement the Agreement between the Government of Australia and the Government of New Zealand in relation to Mutual Recognition of Securities Offerings (2006). The regulations come into force on the day on which the agreement comes into force.

This order is made under section 19 of the Social Welfare (Transitional Provisions) Act 1990. The order amends the Social Welfare (Reciprocity with the Netherlands) Order 2003, which gives effect to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2000), the 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), and the Protocol to the Agreement on Social Security between the Government of New Zealand and the Government of the Kingdom of the Netherlands (2003). The order gives effect to the 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).

This order is made under section 53 of the Trade in Endangered Species Act 1989. The Act implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973). The order substitutes new schedules in the Act. The new schedules specify the order to which species belong, update the lists of endangered, threatened, and exploited species, and amend terminology to reflect more accurately the terminology used in the Convention.

This order is made under section 82 of the Trans-Tasman Mutual Recognition Act 1997. The Act implements the Trans-Tasman Mutual Recognition Arrangement (1996) signed by Australia, each Australian State and Territory, and New Zealand. The order extends, for 12 months, the exemptions of certain laws from the Trans-Tasman Mutual Recognition Act 1997.

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). These regulations give effect (in part) to resolutions 1267 (1999), 1333 (2000), and 1390 (2002) of the Security Council, which call for the imposition of sanctions in respect of Al-Qaida and the Taliban. They update and replace the United Nations Sanctions (Afghanistan) Regulations 2001.

These regulations are made under section 2 of the United Nations Act 1946, which provides that regulations may be made to give effect to any decisions of the Security Council of the United Nations made under article 41 of the Charter of the United Nations (1945). The regulations, which amend the United Nations Sanctions (Iran) Regulations 2007, give effect to resolution 1747 (2007) of the Security Council, which calls for the imposition of sanctions in respect of Iran. They update and replace the United Nations Sanctions (Afghanistan) Regulations 2001.

Section 28 of the Civil Aviation Act 1990 provides for the making of rules for the purposes, among other things, of implementing New Zealand’s obligations under the Convention on International Civil Aviation (1944) and the Agreement between the Australian and New Zealand Governments on Mutual Recognition of Aviation-Related Certification (2007). The following civil aviation rules were amended during the current interval:

The objective of the amendments to Part 1 is to insert new definitions and abbreviations associated with 406 MHz emergency beacons. This amendment is consequential to amendment 18 to Part 91.

The objective of the amendments to Part 43 is to alter the maintenance rules associated with the change to the 406 MHz emergency locator transmitter and is consequential to amendment 18 to Part 91.

The objective of the amendments to Part 91 is to alter and update existing operating rules to meet International Civil Aviation Organisation standards for emergency locator transmitters to operate on 406 and 121.5 MHz. Due to the limitations of the 121.5 and 243 MHz signal characteristics together with a high number of false alerts from 121.5 MHz emergency locator transmitters, the international agencies involved in search and rescue (the International Maritime Organisation, the International Civil Aviation Organisation, and the providers of the COSPAS-SARSAT system) have agreed that satellite monitoring and processing of 121.5 MHz and 243 MHz signals will cease from 1 February 2009. The International Civil Aviation Organisation standard now requires emergency locator transmitters to operate on 406 MHz and 121.5 MHz, with the 406 MHz signal providing the initial alert and location via the COSPAS-SARSAT system and the 121.5 MHz signal used for final homing by search aircraft.

The objective of the amendments to Part 121 is to alter the equipment requirements for an aeroplane that is performing a regular air transport service to, and from, countries outside of New Zealand to reflect the International Civil Aviation Organisation standards for the carriage of 406 MHz emergency locator transmitters. This amendment is consequential to amendment 18 to Part 91.

Civil Aviation Rules: Part 129–Foreign Air Transport Operator–Certification (2007)

The objective of the amendments to Part 129 is to alter the operating requirements for foreign air transport operators to reflect the International Civil Aviation Organisation standards for the carriage of 406 MHz emergency locator transmitters. This amendment is consequential to amendment 18 to Part 91.

Part 11 of the Land Transport Act 1998 provides for the making of rules with respect to various aspects of land transport. Many of these rules incorporate international standards or implement international obligations. The following such rules were made during the current interval:

Vehicle Exhaust Emissions 2007 (rule 33001/2)–Objective of rule and Part 2 definitions

The rule, which is designed to take into account international best practice, is based on a slew of specified American, Australian, Californian, European, Japanese, and United Nations standards. The Australian standards are particularly relevant because of the Trans-Tasman Mutual Recognition Arrangement (1998).

Section 386(1) of the Maritime Transport Act 1994 provides for the making of rules for the purposes of implementing New Zealand’s obligations under any marine protection convention, to enable New Zealand to become a party to a convention, protocol, or agreement relating to the protection of the marine environment, and to implement international practices and standards relating to the protection of the marine environment that the International Maritime Organisation recommends. The following marine protection rules were made during the current interval:

Marine Protection Rules: Part 143–Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances (2007)

The objective of Part 143 is to prescribe requirements for shipboard marine pollution emergency plans for noxious liquid substances.^[29] Part 143 applies to ships of 150 gross tons or more that carry noxious liquid substances in bulk as cargo. Part 143 gives effect to Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (1973 as modified by the Protocol of 1978 relating thereto).

This Part sets out the reported and unreported judicial decisions rendered during the current interval that concern New Zealand’s international obligations. It divides the reported cases into those cases reported in the New Zealand Law Reports (NZLR) series in which international obligations were determinative, those cases reported in the NZLR series in which international obligations were cited but not determinative, and those cases reported in other series. It also identifies the international agreements that were referenced and sets out the distribution of these references among the various courts.

Taunoa v Attorney-General [2007] NZSC 70; [2008] 1 NZLR 429 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Henry JJ), bill of rights case that cites the International Covenant on Civil and Political Rights (1966) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950):^[30]

The Supreme Court found that five prisoners were held in a maximum security block under certain conditions that were unlawful. However, the Court ruled that this did not amount to a breach of section 9 of the New Zealand Bill of Rights Act 1990, which provides that ‘everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment’. The Court relied on article 7 of the International Covenant on Civil and Political Rights (1966), which provides that ‘no one shall be subject to torture or to cruel, inhuman or degrading treatment or punishment ...’, to determine the scope of section 9.^[31]

Avowal Administrative Attorneys Ltd v District Court at North Shore [2007] NZHC 817; [2008] 1 NZLR 675 (High Court Auckland, Baragwanath J), civil procedure case that cites 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 (1995):

The High Court held that article 26 of 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 (1995) prevents the discovery of certain documents.

2. NZLR Cases in Which International Obligations Were Cited but Not Determinative

Attorney-General v X [2008] NZSC 48; [2008] 2 NZLR 579 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Wilson JJ), immigration case that cites the Convention Relating to the Status of Refugees (1951)

Right to Life New Zealand Inc v Abortion Supervisory Committee [2008] NZHC 865; [2008] 2 NZLR 825 (High Court Wellington, Miller J), administrative law case that cites the Convention on the Rights of the Child (1989) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[32]

Wong v Registrar of the Auckland High Court [2007] NZHC 1555; [2008] 1 NZLR 849 (High Court Auckland, Duffy J), criminal procedure case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[33]

Owen v R [2007] NZSC 102; [2008] 2 NZLR 37 (Supreme Court, Elias CJ, Blanchard, Tipping, McGrath, and Anderson JJ), criminal procedure case that cites the International Covenant on Civil and Political Rights (1966)

Genesis Power Ltd v Greenpeace New Zealand Inc [2007] NZCA 569; [2008] 1 NZLR 803 (Court of Appeal, William Young P, Chambers and Robertson JJ), a resource management case that cites the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)

3. Cases Reported in Other Series that Reference International Obligations

“Michael” v Registrar-General of Births, Deaths and Marriages (2008) 27 Family Reports of New Zealand 58 (Family Court, Judge AJ Fitzgerald), family law case that cites, with respect to the diagnosis of gender dysphoria, the International Classification of Diseases and Diagnostic and Statistical Manual of Mental Disorder and the international guidelines known as Harry Benjamin Standards of Care

H v M [2008] New Zealand Family Law Reports 775 (Court of Appeal, O’Regan, Priestley, and Heath JJ), custody case citing the Hague Convention on the Civil Aspects of International Child Abduction (1980)^[34]

Re H (H & Anor, Adoption application by) [2008] New Zealand Family Law Reports 887 (Family Court Morrinsville, Judge DR Brown), adoption case that cites the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)

Mihos v Attorney-General [2008] New Zealand Administrative Reports 177, 196 (High Court Wellington, Baragwanath J), administrative law case that cites the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)

B v Secretary for Justice [2008] New Zealand Family Law Reports 723, (High Court Christchurch, Panckhurst J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

M v P [2008] New Zealand Family Law Reports 544 (Family Court Auckland, Judge AJ Fitzgerald), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

D v T [2008] New Zealand Family Law Reports 736 (Family Court Tauranga, Judge AE Somerville), custody case that cites the Convention on the Rights of the Child (1989)

E & Anor v G & Anor [2008] New Zealand Family Law Reports 337 (Family Court Wanganui, Judge PJ Callinicos), custody case that cites the Convention on the Rights of the Child (1989)

C v K [2008] New Zealand Family Law Reports 391 (Family Court Papakura, Judge GF Hikaka), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Dunn v Chief Executive of the Ministry of Social Development [2008] New Zealand Administrative Reports 267 (High Court Auckland, Cooper J), social welfare case that cites ILO Convention C118 (1962): Equality of Treatment (Social Security)^[35] and the Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1983)

JHL v Secretary for Justice [2008] New Zealand Family Law Reports 54 (High Court Hamilton, R Young J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Registrar of Companies v Everall (High Court Auckland, CRI-2007-404-000321, 26 June 2008, Potter J), sentencing case that cites the European Convention on the Protection of Human Rights and Fundamental Freedoms (1950)^[36] and the International Covenant on Civil and Political Rights (1966)

Omunkete Fishing (Pty) Ltd v Minister of Fisheries & Anor (High Court Wellington, CIV-2008-485-001310, 23 June 2008, Mallon J), administrative law case that cites the Convention on the Conservation of Antarctic Marine Living Resources (1980)

P v P (District Court Auckland, FAM-2008-004-000978, 23 June 2008, Judge L De Long), custody case citing the Hague Convention on the Civil Aspects of International Child Abduction (1980)

DLB v BS (High Court Blenheim, CIV-2008-406-000026, 30 May 2008, Clifford J), custody case citing the Convention for the Rights of the Child (1989)

F v Refugee Status Appeals Authority & Anor (High Court Auckland, CIV-2006-404-007714, 28 May 2008, Harrison J), immigration case that cites the Convention Relating to the Status of Refugees (1951)

Harper v Johnson (High Court Auckland, CIV-2007-404-006512, 9 April 2008, Woodhouse J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

M v M (District Court Waitakere, FAM-2005-090-001937, 12 March 2008, Judge DA Burns), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Antons Trawling Company Ltd & Ors v Minister of Fisheries & Anor (High Court Wellington, CIV-2007-485-002199, 22 February 2008, Miller J), administrative law case that cites the United Nations Convention on the Law of the Sea (1982)

Prasad v Deportation Review Tribunal & Anor (High Court Auckland, CIV-2007-404-008059, 19 February 2008, Lang J), immigration case that cites the International Covenant on Civil and Political Rights (1966)

B v D (High Court Auckland, CIV-2008-404-000349, 29 January 2008, Randerson J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Genera Ltd v Nelson City Council (Environment Court Christchurch, C 66-08 29 January 2008, Judges Kenderdine, WR Howie, CE Manning, and B Gollop), resource management case that cites the Montreal Protocol on Substances that Deplete the Ozone Layer (1989)

Zhang v Police (High Court Wellington, CRI-2007-485-000082, 25 January 2008, Clifford J), criminal procedure case that cites the Vienna Convention on Consular Relations (1963)

X & Anor v Refugee Status Appeals Authority (High Court Auckland, CIV-2006-404-004213, 17 December 2007, Courtney J), administrative law case that cites the Convention Relating to the Status of Refugees (1951) and the UNCHR Guidelines on International Protection

Shortland v New Zealand Parole Board, Auckland District (High Court Auckland, CRI-2007-404-000366, 17 December 2007, Asher J), parole case that cites the European Convention on the Protection of Human Rights and Fundamental Freedoms (1950)^[37]

H v M-P (High Court Auckland, CIV-2007-404-006512, 13 December 2007, Duffy J), custody case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

Dariush-Far v Ellis (High Court Christchurch, CIV-2007-409-001518, 6 November 2007, Panckhurst J), conflict of laws case that cites the Hague Convention on the Civil Aspects of International Child Abduction (1980)

New Zealand Federation of Body Building Inc v Holt (Sports Tribunal, ST 8-07, 28 September 2007, Judges T Castle, A Greenwood, and C Quirk), sports law case that cites the World Anti-Doping Code 2007 Prohibited List International Standard

Birkenfeld v Kendall & Anor (High Court Wellington, CIV-2004-485-001657, 27 September 2007, Randerson J), maritime case that cites the Convention on Limitation of Liability for Maritime Claims (1976)

Mohammed v Chief Executive, Department of Labour (High Court Wellington, CIV-2007-485-001935, 31 August 2007, MacKenzie J), immigration case that cites the Convention relating to the Status of Refugees (1951)

Muller v United States of America (Court of Appeal, CA 310-07, 30 August 2007, Hammond, Robertson and Ellen France JJ), criminal procedure case that cites the Treaty on Extradition between New Zealand and the United States of America (1970)

P v Police (High Court Wellington, CRI-2007-485-000048, 23 August 2007, Mallon J), sentencing case that cites the Convention for the Rights of the Child (1989)

Anquandah & Anor v Attorney-General (High Court Auckland, CIV-2004-404-007230, 11 July 2007, Priestley J), adoption case that cites the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption (1993)

C. Distribution of References to International Agreements among Various Courts, NZLR Cases, Other Reported Cases, and Unreported Cases^[38]

International obligations	NZLR	Other	Unrep	All	Total
Hague Convention on the Civil Aspects of International Child Abduction (1980)		CA: 1 HC: 2 FC: 2	HC: 4 DC: 2	CA: 1 HC: 6 FC: 2 DC: 2	11
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)^[39]	SC: 1 HC: 2	HC: 1	HC: 2	SC: 1 HC: 5	6
Convention on the Rights of the Child (1989)	HC: 1	FC: 2	HC: 2	HC: 3 FC: 2	5
International Covenant on Civil and Political Rights (1966)	SC: 2		HC: 2	SC: 2 HC: 2	4
Convention Relating to the Status of Refugees (1951)	SC: 1		HC: 3	SC: 1 HC: 3	4
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993)		FC: 1	HC: 1	HC: 1 FC: 1	2
Convention on the Conservation of Antarctic Marine Living Resources (1980)			HC: 1	HC: 1	1
United Nations Convention on the Law of the Sea (1982)			HC: 1	HC: 1	1
Vienna Convention on Consular Relations (1963)			HC: 1	HC: 1	1
Convention Limitation of Liability for Maritime Claims (1976)			HC: 1	HC: 1	1
ILO Convention C118 (1962): Equality of Treatment (Social Security)^[40]		HC: 1		HC: 1	1
Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997)	CA: 1			CA: 1	1
Montreal Protocol on Substances that Deplete the Ozone Layer (1989)			EC: 1	EC: 1	1
Treaty on Extradition between New Zealand and the United States of America (1970)			CA: 1	CA: 1	1
Agreement between the Government of New Zealand and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion (1995)	HC: 1			HC: 1	1
Convention on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of New Zealand (1983)		HC: 1		HC: 1	1
UNCHR Guidelines on International Protection			HC: 1	HC: 1	1
World Anti-Doping Code 2007 Prohibited List International Standard			ST: 1	ST: 1	1
International Classification of Diseases and Diagnostic and Statistical Manual of Mental Disorder		FC: 1		FC: 1	1
International guidelines known as Harry Benjamin Standards of Care		FC: 1		FC: 1	1
Subtotals
Grand Totals	9	13	24	46	46

This Part updates the master list of implementing Acts set out in Part V of 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, 366-393 (as amended).^[41] The master list should be amended as follows:

Crimes Act 1961

Omit ‘Convention on the Physical Protection of Nuclear Material (1980)^#’ and substitute ‘Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^#’.^[42]

Disabled Persons Employment Promotion Act 1960

Schedule 24 of the Act enumerates a grey list of jurisdictions where tax exemption or relief laws might apply. A number of double taxation agreements with other jurisdictions are given effect via regulations made under the Act.^[44]

Independent Police Conduct Authority Act 1988^@

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) [articles 2, 12, and 13]

International Finance Agreements Act 1961

Omit ‘Convention on the Physical Protection of Nuclear Material (1980)^#’ and substitute ‘Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^#’.^[46]

New Zealand Security Intelligence Service Act 1969

Omit this entry (title changed to Independent Police Conduct Authority Act 1988).^[48]
.
Sentencing Act 2002

Trans-Tasman Mutual Recognition Arrangement between New Zealand, the Commonwealth of Australia, and Australian states and territories (except Western Australia) (1998)

Omit ‘Convention on the Physical Protection of Nuclear Material (1980)^#’ and substitute ‘Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (1980)^#’.^[51]

This Part updates the master list of implementing regulations set out in Part V of Mark Gobbi, ‘In Search of International Standards and Obligations relevant to New Zealand Regulations’ [2008] NZYbkIntLaw 14; (2007-2008) 5 New Zealand Yearbook of International Law 327, 343. The master list should be amended as follows:

Consular Immunities (Niue) Order 1994

Treaty between the Government of New Zealand and the Government of Australia Establishing Certain Exclusive Economic Zone Boundaries and Continental Shelf Boundaries (2004)

Diplomatic Privileges (Joint Accreditation System of Australia and New Zealand) Order 1998

Vienna Convention on Diplomatic Relations (1961)^#

Fisheries (High Seas Fishing Notifications) Notice 2001

These regulations notify the Report of the Third International Meeting on the Establishment of the Proposed South Pacific Regional Fisheries Management Organisation as constituting a global, regional, or sub-regional fisheries organisation or arrangement within the definition of that term in section 113B of the Fisheries Act 1996.

Fisheries (White Pointer Shark—High Seas Protection) Regulations 2007

Marine Protection Rules: Part 142A–Documents (Certificates)–Noxious Liquid Substances 1998

Marine Protection Rules: Part 143—Shipboard Marine Pollution Emergency Plans for Noxious Liquid Substances (2007)*

Regulation 16 of Annex II of the International Convention for the Prevention of Pollution from Ships (1973 as modified by the Protocol of 1978 relating thereto)

Misuse of Drugs Order 1998

Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Hong Kong Special Administrative Region of the People's Republic of China) Regulations 1999*

Agreement between the Government of New Zealand and the Government of the Hong Kong Special Administrative Region of the People's Republic of China concerning Mutual Legal Assistance in Criminal Matters (1998)^$

Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (People’s Republic of China) Regulations 2007*

Treaty between New Zealand and the People’s Republic of China on Mutual Legal Assistance in Criminal Matters (2006)^$

Mutual Assistance in Criminal Matters (Prescribed Foreign Country) (Republic of Korea) Regulations 2000*

Treaty between New Zealand and the Republic of Korea on Mutual Legal Assistance in Criminal Matters (1999)^$

Resource Management (Marine Pollution) Regulations 1998

Securities (Mutual Recognition of Securities Offerings–Australia) Regulations 2008*

Agreement between the Government of Australia and the Government of New Zealand in relation to Mutual Recognition of Securities Offerings (2006)

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)^$

Trans-Pacific Strategic Partnership Agreement among Brunei Darussalam, Chile, New Zealand, and Singapore (2005)

Convention on International Trade in Endangered Species of Wild Fauna and Flora (1973)

Trans-Tasman Mutual Recognition Arrangement (1996)

United Nations Sanctions (Afghanistan) Regulations 2001

^[∗] The author is currently serving as Parliamentary Counsel in New Zealand’s Parliamentary Counsel Office. However, the views expressed herein are the author’s own and may not be attributed to the Parliamentary Counsel Office or the Attorney-General. The superb cite-checking and proof-reading of Alan Witham is gratefully acknowledged.
^[1] The current interval began on 1 July 2007 and ended on 30 June 2008.
^[2] The previous interval began on 1 July 2006 and ended on 30 June 2007.
^[3] Mark Gobbi, ‘Treaty Action and Implementation’ [2008] NZYbkIntLaw 13; (2007-2008) 5 New Zealand Yearbook of International Law 279, 279, 291-303.
^[4] Ibid 280, 287-290.
^[5] Ibid 280, 303-310.
^[6] With respect to multilateral treaties, the overview of the previous interval noted that the Executive signed four and adhered to four, and that five came into force. See Gobbi (2007-2008), above n 3, 281.
^[7] For a discussion of New Zealand’s periodic reporting obligations to the United Nations, see Mark Gobbi, ‘Treaty Action and Implementation’ [2004] NZYbkIntLaw 15; (2004) 1 New Zealand Yearbook of International Law 223, 226-227.
^[8] For a list of government agencies responsible for preparing periodic reports for these treaties, see Gobbi (2004), above n 7, 315, n 15 (the Ministry of Youth Development now carries out the periodic reporting responsibilities formerly carried out by the Ministry of Youth Affairs). With respect to the United Nations Convention on the Rights of the Child (1989), the Ministry of Youth Development has prepared a draft consolidated third and fourth periodic report to the United Nations Committee on the Rights of the Child, which is due to be finalised and submitted to the Committee in November 2008, which is outside the current interval. See United Nations Convention on the Rights of the Child: 2008 Reporting (Summary Document) <www.myd.govt.nz/uploads/docs/Summary%20of%20Cabinet%20paper%20for%20website
.pdf> at 28 January 2009.
^[9] For a copy of this periodic report, see International Covenant on Civil and Political Rights: Fifth Periodic Report of the Government of New Zealand (21 December 2007) CCPR/C/NZL/2007 <www.mfat.govt.nz/downloads/humanrights/5th-ICCPR-report.pdf> at 28 January 2009.
^[10] For a copy of this draft report, see Draft Third and Fourth Periodic Report to the United Nations Committee on the Rights of the Child (2008) at <www.myd.govt.nz/uploads/docs/draft
-report-to-UNCROC-consultation.pdf> at 28 January 2009.
^[11] See New Zealand’s Periodic Reports to the Human Rights Treaty Bodies <www.mfat.govt.nz/Foreign-Relations/1-Global-Issues/Human-Rights/Treaties/index.php> at 28 January 2009.
^[12] For a copy of this report, see Sixth Periodic Reports of State Parties: New Zealand (8 May 2006) CEDAW/C/NZL/6 <http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/1004ecd495b05fb5c
1257222003ce5d3?Opendocument> at 29 January 2009.
^[13] See New Zealand Presentation to the Committee on Elimination of Racial Discrimination <www.mfat.govt.nz/Foreign-Relations/1-Global-Issues/Human-Rights/0-cerdupdatejuly07.
php> at 29 January 2009. For a copy of New Zealand’s 15th to 17th periodic reports see United Nations, Reports Submitted by States Parties Under Article 9 of the Convention: Seventeenth Periodic Reports of State Parties due in 2005: Addendum: New Zealand UN Doc CERD/C/NZL/17 (2006)
^[14] The overview of the previous interval noted that the Executive had not submitted any periodic reports to the United Nations. See Gobbi (2007-2008), above n 3, 281. A periodic report that falls into the previous interval has come to light, namely New Zealand’s fifth periodic report regarding the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the Executive submitted to the United Nations Committee Against Torture in January 2007. United Nations, Considerations of Reports Submitted by States Parties under Article 19 of the Convention: Fifth Periodic Reports of the States Parties due in 2007: Addendum: New Zealand, UN Doc CAT/C/NZL/5 (2007). See New Zealand’s Periodic Reports to the Human Rights Treaty Bodies, above n 11.
^[15] New Zealand is not a party to this Convention.
^[16] New Zealand is not a party to this Convention.

^[17] New Zealand Ministry of Foreign Affairs and Trade, Annual Report 2007/08, A.1 (2008) 32-35.
^[18] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[19] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[20] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[21] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[22] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[23] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[24] The Acts listed under this heading supplement the list of Acts known to have implications for New Zealand’s international obligations set out in Part V of 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, 366-393.
^[25] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[26] See Recommendations of Financial Action Task Force on Money Laundering (Task Force established 1989).

^[27] This list of regulations does not include commencement orders for Acts that implement international obligations, for example, the Climate Change Response Act Commencement Order 2007. The Climate Change Response Act 2002 implements the United Nations Framework Convention on Climate Change (1992) and the Kyoto Protocol to the United Nations Framework Convention on Climate Change (1997).
^[28] The regulations listed under this heading supplement the list of regulations known to have implications for New Zealand’s international obligations set out in Part V of Mark Gobbi, ‘In Search of International Standards and Obligations relevant to New Zealand Acts’ [2008] NZYbkIntLaw 14; (2007-2008) 5 New Zealand Yearbook of International Law 327, 343-372.
^[29] Part 143 is made expressly made pursuant to sections 223, 387, 388, and 390 of the Maritime Transport Act 1994; however, it does implement an international agreement as per section 386(1) of that Act.
^[30] New Zealand is not a party to this Convention.
^[31] The New Zealand Bill of Rights Act 1990 affirms the International Covenant on Civil and Political Rights (1966). Section 9 of the Act is based on article 7 of the Covenant.
^[32] New Zealand is not a party to this Convention.
^[33] New Zealand is not a party to this Convention.
^[34] This decision may also be cited as Harper v Johnson [2008] NZCA 131.
^[35] New Zealand is not a party to this Convention.
^[36] New Zealand is not a party to this Convention.
^[37] New Zealand is not a party to this Convention.
^[38] Key: SC = Supreme Court, CA = Court of Appeal, HC = High Court, DC = District Court, FC = Family Court, EC = Environment Court, and ST = Sports Tribunal.
^[39] New Zealand is not a party to this Convention.
^[40] New Zealand is not a party to this Convention.
^[41] For previous amendments to the master list, see Gobbi (2007-2008), above n 3, 326.
^[42] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[43] The Disabled Persons Employment Promotion Repeal Act 2007 repeals the Disabled Persons Employment Promotion Act 1960, which implemented aspects of ILO Convention 122 (1964): Employment Policy and the International Covenant on Economic, Social and Cultural Rights (1966). The repeal does not appear to affect New Zealand’s international obligations under ILO Convention 122 (1964): Employment Policy or the International Covenant on Economic, Social and Cultural Rights (1966). Both agreements are implemented by other legislation. The following Acts implement ILO Convention 122 (1964): the Education Act 1989, the Employment Relations Act 2000, the Equal Pay Act 1972, the Government Service Equal Pay Act 1960, the Human Rights Act 1993, and the Social Security Act 1964. The following Acts implement the Covenant: the Adoption Act 1955, the Adult Adoption Information Act 1985, the Care of Children Act 2004, the Disabled Persons Community Welfare Act 1975, the Family Proceedings Act 1980, the Family Protection Act 1955, the Human Rights Act 1993, the Maori Education Foundation (Abolition) Act 1993, the Maori Fisheries Act 2004, the Maori Land Act 1993 (Te Ture Whenua Maori Act 1993), the Maori Language Act 1987, the Marriage Act 1955, the Pacific Islands Polynesian Education Foundation Act 1972, and the Status of Children Act 1969.
^[44] See Income Tax Act 2007, s BH 1; see also Income Tax Act 2004 (repealed), s BH 1; Income Tax Act 1994, s BH 1 (repealed).
^[45] Owing to the Trans-Tasman Mutual Recognition Act 1979, the repeal of the Law Practitioners Act 1982 by the Lawyers and Conveyancers Act 2006 (as of 1 August 2008) does not appear to have affected the implementation of the Trans-Tasman Mutual Recognition Arrangement between New Zealand, the Commonwealth of Australia, and Australian states and territories (except Western Australia) (1998).
^[46] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[47] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[48] The Independent Police Conduct Authority Amendment Act 2007 changed the name of the Police Complaints Authority Act 1988 to the Independent Police Conduct Authority Act 1988.
^[49] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[50] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).
^[51] Recent amendments to this Convention changed its name. It was originally called the Convention on the Physical Protection of Nuclear Material (1980).