New Zealand: Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980

Title

An Act to give effect to---

(a)The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, 1973; and

(b)The Convention Against the Taking of Hostages 1979; and

(c)The Convention on the Safety of United Nations and Associated Personnel 1994;---

and for matters incidental to the implementation of those Convention.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1Short Title and commencement

(1)This Act may be cited as the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980.
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(2)This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the commencement of this Act in respect of the 1973 Convention and the 1979 Convention.

2Interpretation

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

"Associated person", in relation to an alleged act or omission that constitutes a crime by virtue of or against any of sections 3 to 6, means---

(a)A person assigned by a Government or an intergovernmental organisation with the agreement of the competent organ of the United Nations; or

(b)A person engaged by---

(i)The Secretary-General of the United Nations; or

(ii)A specialised agency of the United Nations; or

(iii)The International Atomic Energy Agency; or

(c)A person deployed by a humanitarian non-governmental organisation or agency under an agreement with-

(i)The Secretary-General of the United Nations; or

(ii)A specialised agency of the United Nations; or

(iii)The International Atomic Energy Agency---

to carry out activities in support of the fulfilment of the mandate of a United Nations operation:

"Conviction on indictment" has the same meaning as in section 3 of the Crimes Act 1961:

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

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

(a)A person who, at the time of the alleged act or omission, is---

(i)A Head of State; or

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

(iii)A Head of Government; or

(iv)A Minister of Foreign Affairs---

and is outside the territory of the State in which he or she holds office:

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

(c)A person who, at the time of the alleged act or omission, is---

(i)A representative or an official of a State; or

(ii)An official or agent of an international organisation of an intergovernmental character---

and is entitled under international law to special protection from attack on his or her person, freedom, or dignity:

(d)A member of the family of a person referred to in paragraph (c) who is a member of that person's household:

"New Zealand" includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977):

"Person protected by a convention" means---

(a)An associated person; or

(b)An internationally protected person; or

(c)A United Nations person:

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

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

"The 1994 Convention" means the Convention on the Safety of United Nations and Associated Personnel, opened for signature at New York on 9 December 1994:

"United Nations operation" means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control---

(a)If the operation is for the purpose of maintaining or restoring international peace and security; or

(b)If the Security Council of the United Nations, or the General Assembly of the United Nations, has declared, for the purposes of the 1994 Convention, that there exists an exceptional risk to the safety of the personnel participating in the operation:

"United Nations person", in relation to an alleged act or omission that constitutes a crime by virtue of or against any of sections 3 to 6, means---

(a)A person engaged or deployed by the Secretary-General of the United Nations as a member of the military, police, or civilian components of a United Nations operation; or

(b)An official or expert on mission of---

(i)The United Nations; or

(ii)A specialised agency of the United Nations; or

(iii)The International Atomic Energy Agency---

who is present in an official capacity in the area where a United Nations operation is being conducted:

"Vehicle" includes any means of conveyance.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(2)In paragraph (a) (i) of the definition of the term

"internationally protected person" in subsection (1) of this section, the term "Head of State" includes, in relation to any commonwealth country (other than the United Kingdom) of which Her Majesty the Queen is Head of State, the Governor-General or other person who person who performs the functions of the Head of State as Her Majesty‘s representative.

Cf. 1972, No. 137, s. 2; Internationally Protected Persons Act 1978, s. 1 (5) (U.K.)

Internationally Protected Persons and United Nations and Associated Personnel

3.Crimes against persons

(1)Without limiting anything in the crimes Act 1961, every one commits a crime who does an act or omits to do an act, if---

(a)He or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and

(b)He or she does the act, or omits to do the act, to or in relation to a person whom he or she knows to be a person protected by a convention; and

(c)The act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,---

(i)A crime referred to or described in a provision of the Crimes Act 1961 specified in Schedule 1; or

(ii)An attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.

(2)Every one who commits a crime against this section is liable on conviction on indictment to the same penalty to which he or she would have been liable had he or she been charged with a crime against the relevant provision of the Crimes Act 1961.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

4Crimes against premises or vehicles

(1)Without limiting anything in the Crimes Act 1961, every one commits a crime who does a act or omits to do an act, if---

(a)He or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and

(b)He or she does the act, or omits to do the act, to or in relation to---

(i)Premises that he or she knows to be the official premises or private residence of a person protected by a convention; or

(ii)A vehicle that he or she knows is used by a person protected by a convention; and

(c)He or does the act, or omits to do the act, while such a person is present in those premises or that residence or vehicle; and

(d)The act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,---

(i)A crime referred to or described in a provision of the Crimes Act 1961 specified in Schedule 2; or

(ii)An attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(2)Every one commits a crime against this section is liable on conviction on indictment to the same penalty to which he would have been liable had he been charged with a crime against the relevant provision of the Crimes Act 1961.

Cf. Internationally Protected Persons Act 1978, s. 1 (1) (b), (2) (a), (4) (U.K.)

5Threats against persons

(1)Every one commits a crime who threatens to do an act, if---

(a)The act constitutes a crime against section 3; and

(b)He or she makes the threat in New Zealand or outside New Zealand; and

(c)He or she makes the threat to or in relation to a person whom he or she knows to be an internationally protected person.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(1A)Every one commits a crime who threatens to do an act, if---

(a)The act constitutes a crime against section 3; and

(b)He or she makes the threat in New Zealand or outside New Zealand; and

(c)He or she makes the threat to or in relation to a person whom he or she knows to be a United Nations person or an associated person; and

(d)He or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act."

(inserted by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

(a)Seven years; or

(b)The term of years prescribed by the relevant provision of the Crimes Act 1961 in respect of the crime that he would have committed had he carried out his threat in New Zealand,---

whichever is the lesser.

Cf. Internationally Protected Persons Act 1978, s. 1 (3), (4) (U.K.)

6Threats against premises or vehicles

(1)Every one commits a crime who threatens to do an act, if---

(a)The act constitutes a crime against section 4; and

(b)He or she makes the threat in New Zealand or outside New Zealand; and

(c)He or she makes the threat to or in relation to---

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

(ii)A vehicle that he or she knows is used by an internationally protected person.

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(1A)Every one commits a crime who threatens to do an act, if---

(a)The act constitutes a crime against section 4; and

(b)He or she makes the threat in New Zealand or outside New Zealand; and

(c)He or she makes the threat to or in relation to---

(i)Premises that he or she knows to be the official premises or private residence of a United Nations person or an associated person; or

(ii)A vehicle that he or she knows is used by a United Nations person or an associated person; and

(d)He or she makes the threat with the intention of compelling the person, or any other person, to do or refrain from doing an act."

(inserted by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

Cf. Internationally Protected Persons Act 1978, s. 1 (3), (4) (U.K.)

6A.Sections 3 to 6 do not apply, in relation to United Nations personnel and associated personnel, to a United Nations operation---

(a)Authorised by the Security Council of the United Nations as an enforcement action under Chapter VII of the Charter of the United Nations; and

(b)In which United Nations personnel or associated personnel are engaged as combatants against organised armed forces; and

(c)To which the law of international armed conflict applies.

(inserted by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

7Prosecution need not prove certain matters

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

(a)In respect of---

(i)An internationally protected person to whom paragraph (a) or paragraph (c) of the definition of that term in section 2(1) applies; or

(ii)A United Nations person or an associated person,---

that the defendant knew, at the time of the alleged crime, the identity of that person or the capacity in which that person was an internationally protected person, a United Nations person, or an associated person:
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

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

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

Hostages

8Hostage-taking

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

(2)No one shall be convicted of the crime of hostage-taking if---

(a)The act of hostage-taking takes place in New Zealand; and

(b)The alleged offender and the hostage are New Zealand citizens; and

(c)The alleged offender is in New Zealand.

(3)Every one who commits the crime of hostage-taking is liable on conviction on indictment to imprisonment for a term act exceeding 14 years.

General Provisions

9Extradition Act amended

The First Schedule to the extradition Act 1965 is hereby amended by adding to Part II (as substituted by section 4 (2) of the extradition Amendment Act 1969 and amended by section 6 of the Aviation Crimes Act 1972 and section 10 (6) of the Misuse of Drugs Act 1975), in their appropriate columns, the following words:

(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

Cf. 1972, No. 137, s. 6; Internationally Protected Person Act 1978, s. 3 (1) (U.K.)

10Crimes deemed to be included in extradition treaties

(1)For the purposes of the Extradition Act 1966 and any Order in Council made under section 3 of that Act or referred to in section 21 of that Act,---

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

(b)Each crime described in section 5 or section 6 of this Act,---

shall if not already described in the treaty, be deemed to be an offence described in any extradition treaty concluded before the commencement of this section and for the time being in force between New Zealand and any foreign country that is a party to the 1973 Convention, the 1979 Convention, or the 1994 Convention.
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

(3)For the purposes of this section, the expression "foreign country" includes any territory for whose international relations the Government or a foreign country is responsible and to which the extradition treaty and the 1973 Convention, the 1979 Convention, or the 1994 Convention, extends.
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

Cf. 1972, No. 137, s. 7; Internationally Protected Persons Act 1978, s. 3 (2) (U.K.)

11Surrender of offenders

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

(a)That amounts to---

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

(ii)Any crime described in section 5 or section 6 of this Act; and

(b)For which the person whose surrender is sought could be tried and punished in the country seeking surrender, being a country the is a party to the 1973 Convention, the 1979 Convention, or the 1994 Convention,---
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

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

(2)In this section, the term "country" includes any territory for whose international relations the Government of a country is responsible and to which the extradition treaty (if any) and the 1973 Convention, the 1979 Convention, or the 1994 Convention, extends.
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

Cf. 1972, No. 137, s. 8; Internationally Protected Persons Act 1978, s. 3 (3) (U.K.)

12Restrictions on surrender of offenders

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

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

(b)If the accused person is surrendered,---

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

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

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

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

Cf. 1976, No. 2, s. 7

13Further restrictions on surrender of offenders

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

(2)Notwithstanding sections 9 to 11 of this Act or the Extradition Act 1965 or the Fugitive Offenders Act 1881, but subject to subsection (3) of this section, no Court in New Zealand shall order the surrender, or the committal for the purposes of surrender, of a person to another country in respect of an act or omission that amounts to a crime against any of sections 3 to 8 of this Act if the Attorney-General certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in New Zealand against that person in respect of the act or omission.

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

14Attorney-General‘s consent required to prosecutions

(1)Subject to subsection (2) of this section, no proceedings for the trial and punishment of any person charged with a crime against any of sections 3 to 8 of this Act shall be instituted in any Court except with the consent of the Attorney-General.

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

Cf. 1972, No. 137, s. 18

15Evidence

For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs or any Deputy Secretary of Foreign Affairs, certifying---

(a)Any fact relevant to the question of whether a person was or was not, at any material time, a person protected by a convention; or
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(b)Any fact relevant to the question of whether an operation was or was not, at any material time, a United Nations operation of a kind described in section 6A; or
(amended by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

(ba)That any country is or is not, or was not at any material time, a party to the 1973 convention, the 1979 Convention, or the 1994 Convention; or
(inserted by the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998)

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

shall be sufficient evidence of that fact.

Cf. Internationally Protected Persons Act 1978, s. 1 (1), (5) (U.K.)

16Application of certain provisions of Crimes Act

Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or in section 400 of that Act (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft) shall apply with respect to any proceedings brought under any of sections 3 to 8 of this Act.

Cf. 1972, No. 137, s. 10

17Other Acts not affected

Nothing this Act shall limit or affected the Immigration Act 1964, the Aviation Crimes Act 1972, nor, except as expressly provided in this Act, the Crimes Act 1961.

Cf. 1972, No. 137, s. 21

SCHEDULES

SCHEDULE 1
Section 3 (1) (a)
CRIMES AGAINST PERSONS PROTECTED BY A CONVENTION

SCHEDULE 2
Section 4 (b) (i)
CRIMES AGAINST PREMISES OR VEHICLES OF PERSONS PROTECTED BY A CONVENTION