Nuclear-Test-Ban Act 1999

Nuclear-Test-Ban Act 1999
Ministry of Foreign Affairs and Trade (New Zealand)
Long title Nuclear-Test-Ban Act 1999
Citation	https://www.legislation.govt.nz/act/public/1999/0010/latest/whole.html#DLM5533605
Territorial extent	New Zealand
Enacted by	New Zealand Parliament
Enacted	c.1999
Assented to	9 March 1999
Commenced	c.1999
Legislative history
Bill title	Nuclear-Test-Ban-Act 1999
Introduced by	Ministry of Foreign Affairs and Trade.
First reading	9 March 1999
Summary
The act bans the testing of nuclear weapons in the country, making it illegal to do so. This act also binds to the Crown (monarchy) and applies outside the country if a citizen of the nation goes against this act.
Keywords
Nuclear testings, nuclear weapons
Status: In force

The Nuclear-Test-Ban Act 1999 (which was introduced by the Ministry of Foreign Affairs and Trade) prohibits the testing of nuclear weapons in the country or by a citizen of the country. It also makes it illegal for a citizen to not reveal information they may have on a person suspected of going against this act. This act has been changed through different versions. The provisions which will be listed in this article are from the most reason version (not the one in 2021, the 2021 version is technically considered a second separate legislation according to the New Zealand government).

History

This act was passed in 1999 though many versions of it have come out. While there is little information on how the act was passed it is apparent that this act has indeed passed.

Provisions

There are a total of 6 parts to this legislation excluding the contents:

Contents:

Title:

1.) Short Title and commencement:

1. This Act may be cited as the Nuclear-Test-Ban Act 1999.
2. This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Part 1: Preliminary provisions

Interpretation

2.) Interpretation:

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

clarification inspection has the meaning given to it by section 10(2)

international inspector means an individual designated by the Technical Secretariat, according to the procedures set out in the Protocol to the Treaty, to carry out an on-site inspection in accordance with the Treaty; and includes an inspection assistant as defined in the Treaty

Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

Secretary means the Secretary of Foreign Affairs and Trade, Treaty means the Comprehensive Nuclear-Test-Ban Treaty, done at New York on 24 September 1996 (a copy of extracts from the English text of which is set out in the Schedule); and includes the Annexes to the Treaty, the Protocol to the Treaty, and the Annexes to the Protocol, and any amendments to, or substitutions of, those documents, that are, or will become, binding on New Zealand from time to time.

2.) Terms and expressions used and not defined in this Act, unless the context otherwise requires, have the same meaning as in the Treaty.

Purpose of this Act

3.) Purpose:

(1) The purpose of this Act is to implement New Zealand’s obligations under the Treaty.

(2) Every person exercising a power or discretion conferred under this Act must have regard to New Zealand’s obligations under the Treaty.

Act binds the Crown

4.) Crown bound:

This Act binds the Crown.

Part 2: Prohibitions and offences

5.) Nuclear explosions prohibited:

(1) No person may—

(a) carry out any nuclear weapon test explosion or any other nuclear explosion; or

(b) cause, encourage, or in any way participate in, the carrying out of any nuclear weapon test explosion or any other nuclear explosion.

(2) Every person who engages in conduct prohibited by subsection (1) commits an offence.

(3) Every person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 10 years or a fine not exceeding $1,000,000.

(4) Nothing in subsections (1) to (3) limits the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987.

6.) Prohibitions and offences also apply in certain cases outside New Zealand:

(1) Section 5 applies to acts done or omitted to be done outside New Zealand—

(a) by a New Zealand citizen; or

(b) by any other person on board a New Zealand ship or New Zealand aircraft.

(2) If an offence against section 5(2) is alleged to have occurred anywhere outside New Zealand,—

(a) a charging document may be filed only with the consent of the Attorney-General and on his or her certificate that it is expedient that the charging document be filed:

(b) before the Attorney-General’s consent has been obtained, a person may be arrested, or a warrant for a person’s arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings are to be taken until that consent has been obtained.

Part 3: Information and documents

7.) Secretary may seek information:

(1) This section applies if the Secretary considers that any person is capable of giving information relevant to—

(a) clarification of a matter which may cause concern about possible non-compliance with Article I of the Treaty, which New Zealand must provide to another State Party on a request under paragraph 29 of Article IV of the Treaty; or

(b) clarification as may be necessary to resolve an ambiguity that has arisen during an on-site inspection, which New Zealand, if it is the inspected State Party, must provide to an on-site inspection team under paragraph 61(g) of Part II of the Protocol to the Treaty; or

(c) the implementation of the Treaty or the enforcement of this Act.

(2) The Secretary may, by written notice given to a person, require the person to give to the Secretary such information as is specified in the notice, within such reasonable period and in such manner as is specified in the notice.

(3) Information required by a notice under subsection (2) must be given in writing and,—

(a) if given by a natural person, must be signed by the person; and

(b) if given by a body corporate, must be signed by an officer authorized to sign on behalf of the body corporate.

(4) The Secretary may, by written notice given to a person, require the person to give to the Secretary particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice.

8.) Failure to supply information an offence:

(1) Every person commits an offence who, without reasonable excuse, fails to comply with a notice under section 7 to the extent that the person is capable of complying with it.

(2) Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.

9.) False or misleading statements and documents:

(1) Every person commits an offence who, in any document prepared under section 7, makes a statement or omits any matter knowing that, or being reckless as to whether, the statement or omission makes the document false or misleading in a material particular.

(2) Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000.

Part 4: Clarification inspections

10.) Clarification inspections:

(1) This section applies if another State Party, without having made a request for an on-site inspection under paragraph 34 of Article IV of the Treaty, requests New Zealand to clarify, either directly or through the Organization, whether or not at a place in New Zealand there has been non-compliance with Article I of the Treaty.

(2) If this section applies, a constable may enter the place and conduct an inspection (a clarification inspection) of the place.

(3) For the purposes of subsection (2),—

(a) sections 17 and 19 apply (with necessary modification) as if the clarification inspection were an on-site inspection; and

(b) the constable has the functions contemplated, and the powers provided for, in the Treaty for on-site inspections by an international inspector.

Part 5: On-site inspections

Purpose of this part

11.) Purpose of this part:

The purpose of this Part is to facilitate on-site inspections under the Treaty by—

(a) confirming the right of international inspectors to inspect places in New Zealand within an on-site inspection area; and

(b) enabling New Zealand officers to secure access for an international inspector where consent is not, or may not be, obtainable; and

(c) enabling New Zealand officers to accompany or assist an international inspector.

Access by international inspectors

12.) On-site inspections:

An international inspector has the right, and every person must permit an international inspector, to—

(a) enter a place in New Zealand within an on-site inspection area in accordance with the Treaty; and

(b) inspect the place in accordance with the Treaty; and

(c) exercise, in connection with the on-site inspection, a function contemplated, or a power provided for, in the Treaty.

13.) Persons who may accompany international inspectors:

To facilitate on-site inspections, an international inspector may be accompanied by—

(a) up to 3 observers for the purposes of giving effect to paragraph 61 of Article IV of the Treaty:

(b) a person appointed by the Minister under section 15:

(c) a constable.

Directions

14.) Ministerial directions:

(1) The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an on-site inspection under the Treaty.

(2) Every person commits an offence who willfully fails to comply with a direction given by the Minister under subsection (1).

(3) Every person who commits an offence against subsection (2) is liable on conviction to a fine not exceeding $100,000.

New Zealand assistance with on-site inspections

15.) Appointment of New Zealand officials:

The Minister may appoint any person to accompany or assist an international inspector.

16.) Identification certificates:

The Minister may issue a certificate identifying an international inspector or other person authorized to accompany or assist an international inspector.

Enforcement

17.) Search warrants:

(1) A District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable) may, on an application, issue a search warrant in respect of a place in New Zealand if satisfied that there are reasonable grounds for believing that—

(a) the place is within an on-site inspection area; and

(b) entry to the place is necessary for the purpose of exercising any function contemplated, or any power provided for, in the Treaty.

(2) An application under subsection (1)—

(a) may not be made unless the consent of a person in control of the place is not, or may not be, obtainable; and

(b) must be made in writing by a constable or person appointed under section 15; and

(c) must include a copy of relevant provisions of the Treaty and a copy of the inspection mandate.

(3) For the purposes of subsection (2)(a), consent means consent to an international inspector, and any person accompanying or assisting the inspector, entering the place to exercise any function contemplated, or any power provided for, in the Treaty.

(4) A warrant issued under subsection (1)—

(a) authorizes the international inspector (and any person authorized to accompany or assist the inspector) to enter the place, at any time within 14 days of the issue of the warrant (or within such further time as the Judge, Justice, Community Magistrate, or Registrar may specify in the warrant) for the purpose of exercising any function contemplated, or any power provided for, in the Treaty:

(b) authorizes a constable, or person appointed under section 15, who accompanies the international inspector, to use such force as is reasonable in the circumstances for effecting entry to or inspection of a place specified in the warrant (including force to break down a door or break open anything in the place):

(c) may be issued without conditions or subject to any conditions the Judge, Justice, Community Magistrate, or Registrar thinks fit.

18.) Search without warrant:

(1) In the circumstances set out in subsection (2) an international inspector (and any constable, or person appointed under section 15) may exercise the powers in section 17(4) in respect of a place as if a warrant under section 17(1) had been issued in respect of the place.

(2) The circumstances referred to in subsection (1) are that a constable, or person appointed under section 15, is satisfied that there are reasonable grounds for believing, in respect of the place, that—

(a) there are grounds for the issue of a warrant under section 17(1); and

(b) it is not practicable to obtain possession of a warrant immediately; and

(c) delaying entry until a warrant can be obtained would create a real risk that the exercise of a function contemplated, or a power provided for, in the Treaty, would be frustrated.

19.) Obligations of persons following international inspectors:

(1) Every person who accompanies an international inspector on an inspection—

(a) must carry any identification certificate issued to him or her under section 16 or another means of identifying himself or herself as a person authorized to accompany or assist an international inspector; and

(b) must produce the identification certificate or other means of identification to any person appearing to be in charge of a place entered—

(i) on entering the place (if such a person is then present); and

(ii) at any reasonable time afterwards, if asked to do so by the person; and

(c) must have any warrant (whether issued under section 17 or otherwise) authorizing entry to the place with him or her and produce it if required to do so; and

(d) if any thing is seized, must ensure that an occupier or person in charge of the place is given a written inventory of all things seized.

(2) If there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspection concerned has been completed, every person who accompanies an international inspector on the inspection must, as soon as practicable after the inspection is completed, ensure that an occupier or person in charge of the place is given a written notice stating that the place has been entered, and specifying—

(a) the time and date of entry:

(b) the circumstances and purpose of entry:

(c) the name of every person entering.

(3) If a person appointed under section 15 discovers any offence or suspected offence under this Act as a result of accompanying an international inspector on an on-site inspection, the person must report that offence or suspected offence to the Police as soon as practicable after the completion of that inspection.

20.) Obstructions of international inspectors:

(1) Every person commits an offence who willfully obstructs, hinders, resists, or deceives any international inspector who is exercising in New Zealand any function contemplated, or any power provided for, in the Treaty.

(2) Nothing in subsection (1) applies to a refusal to give consent to entry by an international inspector who is not acting pursuant to section 18 or a search warrant (whether issued under section 17 or otherwise).

(3) Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding $20,000.

Part 6: Miscellaneous provisions

Self-incrimination

21.) Self-incrimination:

(1) A person is not excused from answering a question or giving any information or document under this Act or the Treaty on the ground that to do so may incriminate or tend to incriminate that person.

(2) A self-incriminating statement or document made or given under this Act or the Treaty is not admissible as evidence in criminal proceedings against that person except on the prosecution of that person for an offence against section 9(1) in relation to that statement or document.

Regulations

22.) Regulations:

(1) The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a) providing for any matter that is necessary or desirable for the purpose of implementing the Treaty or any agreement or arrangement that is concluded between New Zealand and the Organization under the Treaty:

(b) prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $5,000, that may, on conviction, be imposed in respect of any such offence:

(c) providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

(2) The Governor-General may from time to time, by Order in Council,—

(a) amend the Schedule by making such amendments to the text of the extracts of the Treaty set out in the Schedule as are required to bring that text up to date:

(b) revoke the Schedule, and substitute a new schedule setting out in an up-to-date form the text of the extracts of the Treaty.

(3) The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

(a) regulations under this section; and

(b) an order under subsection (2).

23.) Application of Tokelau:

(1) Subject to subsections (2) to (4), this Act is in force in Tokelau.

(2) A prosecution for an offence under this Act alleged to have been committed in Tokelau is to be heard and determined by the High Court of New Zealand in the exercise of its powers under section 3 of the Tokelau Amendment Act 1986.

(3) An application for a search warrant under section 17(1) in respect of a place in Tokelau is to be heard and determined by a Judge of the High Court of New Zealand.

(4) In the application of this Act to Tokelau, unless the context otherwise requires,—

(a) a reference in this Act to New Zealand (when used as a territorial description) is a reference to Tokelau:

(b) the reference to the Minister in section 14 is a reference to the Council of Faipule.

24.) Amendment to Diplomatic Privileges and Immunities Act 1968:

Section 10A of the Diplomatic Privileges and Immunities Act 1968 is amended by inserting, after paragraph (aa), the following paragraph:

(ab) confer upon any persons to whom paragraph 57 of Article II of the Comprehensive Nuclear-Test-Ban Treaty applies, and any persons to whom Part II, Section B of the Protocol to that Treaty applies, any additional privileges and immunities that are required by that Treaty; and

See Also

• New Zealand Government
• Comprehensive Nuclear-Test-Ban Treaty