Nouvelle-Zélande

Declarations:

“…
the Government of New Zealand
…
DECLARES that it considers that the reference to “ammunitions/munitions” in Article 3 of the Treaty means “ammunition and munitions” and that accordingly the scope of the Treaty includes both ammunition and munitions fired, launched or delivered by the conventional arms covered under Article 2(1);
AND DECLARES that it considers the reference to “grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party” in Article 6(3), encompasses acts committed in international and in non-international armed conflict, and includes serious violations of Common Article 3 to the Geneva Convention of 1949 as well as, for States Parties to the relevant agreements, war crimes as described in the Hague Convention IV of 1907 and its Regulations, the Additional Protocols of 1977 to the Geneva Conventions and the Rome Statute of the International Criminal Court;
AND DECLARES that it considers the effect of the term “overriding risk” in Article 7(3) is to require that it decline to authorize any export where it is determined that there is a substantial risk of any of the negative consequences in Article 7(1);
AND DECLARES that it considers that where a non-monetary transaction, such as a gift, loan or lease, involves the transfer or arms or items within the scope of the Treaty, such transaction will be covered by the Treaty;
AND DECLARES that it considers that the Treaty does not place any further restrictions on the international movement of small arms for legitimate recreational and sporting activities where there is no change in ownership of these arms;
AND DECLARES that it considers that all obligations in the Treaty relating to transit and transshipment of arms or items within the scope of the Treaty must be read in the light of Article 9 …”

Declaration:

".....in accordance with Article 23 of the Agreement, that persons referred to in Articles 15, 16, 18, 19 and 21 of the Agreement who are nationals or permanent residents of New Zealand enjoy, in the territory of New Zealand, only the privileges and immunities to the extent necessary for the independent performance of his or her functions or his or her appearance or testimony before the Court as laid down in Article 23."

Declaration:

"The Government of New Zealand declares that the minimum age at which New Zealand will permit voluntary recruitment into its national armed forces shall be 17 years. The Government of New Zealand further declares that the safeguards which it has adopted to ensure that such recruitment is not forced or coerced include the following:
(a) Defence Force recruitment procedures requiring that persons responsible for recruitment ensure that such recruitment is genuinely voluntary;
(b) legislative requirements that the consent of parent or guardian is obtained for enlistment where such consent is necessary under NZ law. The parent or guardian must also acknowledge that the person enlisting will be liable for active service after reaching the age of 18 years;
(c) a detailed and informative enlistment process, which ensures that all persons are fully informed of the duties involved in military service prior to taking an oath of allegiance; and
(d) a recruiting procedure, which requires enlistees to produce their birth certificate as reliable proof of age."

Declaration:

"... AND DECLARES, in accordance with Article 2, paragraph 2 (a), of the Convention, that, in the application of the Convention to New Zealand, the Convention on the Physical Protection of Nuclear Materials adopted at Vienna on [3 March 1980] shall be deemed not to be included in the annex referred to in Article 2, paragraph 1 (a), as New Zealand is not yet a party to it; ...”

Declaration:

“1. The Government of New Zealand notes that the majority of the war crimes specified in article 8 of the Rome Statute, in particular those in article 8 (2) (b) (i)-(v) and 8 (2) (e) (i)-(iv) (which relate to various kinds of attacks on civilian targets), make no reference to the type of the weapons employed to commit the particular crime. The Government of New Zealand recalls that the fundamental prinicple that underpins international humanitarian law is to mitigate and circumscribe the cruelty of war for humanitarian reasons and that, rather than being limited to weaponry of an earlier time, this branch of law has evolved, and continues to evolve, to meet contemporary circumstances. Accordingly, it is the view of the Government of New Zealand that it would be inconsistent with principles of international humanitarian law to purpot to limit the scope of article 8, in particular article 8 (2) (b), to events that involve conventional weapons only.
2. The Government of New Zealand finds support for its view in the Advisory Opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons (1996) and draws attention to paragraph 86, in particular, where the Court stated that the conclusion that humanitarian law did not apply to such weapons “would be incompatible with the intrinsically humanitarian character of the legal principles in question which permeates the entire law of armed conflict and applies to all forms of warfare and to all kinds of weapons, those of the past, those of the present and those of the future.”
3. The Government of New Zealand further notes that international humanitarian law applies equally to aggressor and defender states and its application in a particular context is not dependent on a determination of whether or not a state is acting in self-defence. In this respect it refers to paragraphs 40-42 of the Advisory Opinion in the Nuclear Weapons Case

Declaration:

“Any additional regional implementation annex or any amendment to any regional implementation annex to the Convention shall enter into force for New Zealand only upon the Government of New Zealand’s deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.”

Reservations:

Nothing in this Convention shall affect the right of the Government of New Zealand to continue to distinguish as it considers appropriate in its law and practice between persons accord ing to the nature of their authority to be in New Zealand including but not limited to their entitlement to benefits and other protections described in the Convention, and the Government of New Zealand reserves the right to interpret and apply the Convention accordingly.
The Government of New Zealand considers that the rights of the child provided for in article 32 (1) are adequately protected by its existing law. It therefore reserves the right not to legislate further or to take additional measures as may be envisaged in article 32 (2).
The Government of New Zealand reserves the right not to apply article 37 (c) in circumstances where the shortage of suitable facilities makes the mixing of juveniles and adults unavoidable; and further reserves the right not to apply article 37 (c) where the interests of other juveniles in an establishment require the removal of a particular juvenile offender or where mixing is considered to be of benefit to the persons concerned.

Reservation:

"The Government of New Zealand reserves the right to award compensation to torture victims referred to in article 14 of the Convention Against Torture only at the discretion of the Attorney-General of New Zealand."

Reservation:

...
"The Government of the Cook Islands reserves the right not to apply article 2 (f) and article 5 (a) to the extent that the customs governing the inheritance of certain Cook Islands chief titles may be inconsistent with those provisions."

"The Government of New Zealand hereby declares its interpretation that nothing in the Convention detracts from or limits the obligations of States to refrain from military or any other hostile use of environmental modification techniques which are contrary to international law".

Reservation:

The Government of New Zealand reserves the right not to apply the provisions of the Convention to Tokelau pending the enactment of the necessary implementing legislation in Tokelau law.

Declaration:

The Government of New Zealand declares its understanding that nothing in article 66 of the Convention is intended to exclude the jurisdiction of the International Court of Justice where such jurisdiction exists under the provisions of any treaty in force binding the parties with regard to the settlement of disputes. In relations to states parties to the Vienna Convention which accept as compulsory the jurisdiction of the International Court of Justice, the Government of New Zealand declares that it will not regard the provisions of article 66 of the Vienna Convention as providing "some other method of peaceful settlement" within the meaning of this phrase where it appears in the declaration of the Government of New Zealand accepting as compulsory the jurisdiction of the International Court of Justice, which was deposited with the Secretary-General of the League of Nations on 8 April 1940."

Reservations:

"The Government of New Zealand reserves the right not to apply article 10 (2) (b) or article 10 (3) in circumstances where the shortage of suitable facilities makes the mixing of juveniles and adults unavoidable; and further reserves the right not to apply article 10 (3) where the interests of other juveniles in an establishment require the removal of a particular juvenile offender or where mixing is considered to be of benefit to the persons concerned.
"The Government of New Zealand reserves the right not to apply article 14 (6) to the extent that it is not satisfied by the existing system for ex gratia payments to persons who suffer as a result of a miscarriage of justice.
"The Government of New Zealand having legislated in the areas of the advocacy of national and racial hatred and the exciting of hostility or ill will against any group of persons, and having regard to the right of freedom of speech, reserves the right not to introduce further legislation with regard to article 20.
"The Government of New Zealand reserves the right not to apply article 22 as it relates to trade unions to the extent that existing legislative measures, enacted to ensure effective trade union representation and encourage orderly industrial relations, may not be fully compatible with that article."

"The Government of New Zealand reserves the right not [to] apply article 8 to the extent that existing legislative measures, enacted to ensure effective trade union representation and encourage orderly industrial relations, may not be fully compatible with that article.
...

Declaration:

"[New Zealand] declares that in accordance with paragraph 3 of article 8 of the Convention New Zealand retains the right to deprive a person of his New Zealand citizenship on the following grounds, being grounds existing in New Zealand law at the present time:
the person has, while a New Zealand citizen and while of or over the age of 18 years and of full capacity,
(a) Acquired the nationality or citizenship of another country by any voluntary and formal act, and acted in a manner that is contrary to the interests of New Zealand; or
(b) Voluntarily exercised any of the privileges or performed any of the duties of another nationality or citizenship possessed by him in a manner that is contrary to the interests of New Zealand."

"The Government of New Zealand does not regard the state- ments concerning paragraph 1 of article 11 of the Vienna Convention on Diplomatic Relations made by the People's Republic of Bulgaria, the Byelorussian Soviet Socialist Republic, the Mongolian People's Republic, the Ukrainian Soviet Socialist Republic and the Union of Soviet Socialist Republics, as modifying any rights and obligations under that paragraph. Further, the Government of New Zealand does not accept the reservation to paragraph 2 of Article 37 of the Convention made by Cambodia, Morocco, Portugal and the United Arab Republic."
25 January 1977

"The Government of New Zealand does not regard as valid the reservations to paragraphs 2, 3 and 4 of article 37 of the Vienna Convention on Diplomatic Relations of 18 April 1961 made by the Government of the People's Republic of China and considers that those paragraphs are in force between New Zealand and the People's Republic of China."

Declarations:

"In accordance with paragraph 3 of article 1 of the Con- vention, the Government of New Zealand declares that it will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State.
"Accession to the Convention by the Government of New Zealand shall not extend for the time being, pursuant to article X of the Convention, to the Cook Islands and Niue."

Déclaration :

New Zealand acceptes and intends to apply the following regulations as promulgated under the Agreement:
Regulations Nos. 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 16, 17, 19, 20 , 22, 23, 25, 26, 30, 31, 36, 37, 43, 46, 52, 54, 64, 66, 75, 87, 94, 98, 108, and 109.

"Subject to a reservation with respect to Article III of the Convention, in so far as it relates to recruitment and conditions of service in the armed forces of New Zealand."

"The Government of New Zealand can only undertake to give effect to the provisions contained in paragraph 2 of article 24 of the Convention so far as the law of New Zealand allows."

"Excluding, in accordance with article 2, paragraph 1, of this Convention, annexes 1 and 2."

Declarations:

The instrument of ratification indicates that in accordance with the special relationships which exist between New Zealand and the Cook Islands and between New Zealand and Niue, there have been consultations between the Government of New Zealand and the Government of Cook Islands and between the Government of New Zealand and the Government of Niue regarding the Constitution; that the Government of the Cook Islands, which has exclusive competence to implement treaties in the Cook Islands, has requested that the Constitution should extend to the Cook Islands; that the Government of Niue which as exclusive competence to implement treaties in Niue, has requested that the Constitution should extend to Niue. The said instrument specifies that accordingly the Constitution shall apply also to the Cook Islands and Niue.

Upon signature:

Declaration:

"The Government of New Zealand shall not be bound by annex C.1, annex F and annex H of the Protocol."