Hon Christopher Finlayson
Government Bill
275—2
As reported from the Government Administration Committee
Commentary
Key
1 Title
2 Commencement
Part 1Preliminary provisions
3 Interpretation
4 Meaning of cultural property and enhanced protection property
5 Occupation of territory
6 Act binds the Crown
Part 2Serious violations of Second Protocol
Offences
7 Serious violation offences
8 Jurisdiction
9 Acts ancillary to serious violation offences
9A Jurisdiction in relation to offences outside New Zealand
10 Superior orders
11 Offences by commanders and superiors
Penalties
12 Penalties for Part 2 offences
Extradition
13 Extradition
Part 3Cultural property removed from occupied territory
Interpretation
14 Interpretation of Part 3
15 Removal of cultural property from occupied territory
16 Acts ancillary to removal offences
17 Dealing in smuggled property
18 Penalties for Part 3 offences
Search, seizure, and forfeiture
19 Liability to forfeiture
20 Application of Customs and Excise Act 1996
21 Police powers of entry and search
22 Application for search warrant
23 Form and content of search warrant
24 Powers exercisable under search warrant
25 Duty to announce entry and search
26 Duty to give documents to occupier
27 Inventory of items seized
28 Deferral of or dispensation from notice obligations
29 Seizure to be treated as seizure under Customs and Excise Act
30 Relationship with other powers
Retention of seized property
31 Retention by Ministry
Compensation
32 Application for compensation
33 Application in event of non-payment
Return
34 Return of cultural property
Part 4Convention emblem
35 Meaning of Convention emblem
36 Unauthorised use of emblem
37 Exceptions and defences
38 Penalties for Part 4 offences
Part 5Miscellaneous
Prosecution of offences
39 Attorney-General's consent required for prosecutions
40 Liability of directors and officers of bodies corporate
41 Evidence
Other enactments, etc
42 Relationship with other enactments, etc
Regulations
43 Regulations
Consequential amendments
44AA Consequential amendments to sections 20 and 29
44 Amendment to Extradition Act 1999
45 Amendment to Flags, Emblems, and Names Protection Act 1981
46 Amendment to Mutual Assistance in Criminal Matters Act 1992
Schedule 1 Convention for the Protection of Cultural Property in the Event of Armed Conflict
Schedule 2 Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954
Schedule 3 Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999
Legislative history
The Parliament of New Zealand enacts as follows: