Digest No. 1724
Purpose
The aim of this Bill is to implement New Zealand's obligations under the Cluster Munitions Convention (the Convention) (adopted in Dublin on 30 May 2008 and signed by New Zealand in Oslo on 3 December 2008) by prohibiting the use of cluster munitions, as well as other activity including the acquisition, possession, retention, stockpiling, and transfer of such munitions. The Bill enables New Zealand's ratification of the Convention)
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The Bill as introduced is described in Bills Digest No 1697.
Main changes to the Bill
Definitions
The Select Committee has recommended changes to the definitions of “explosive bomblet”, “explosive submunition” and "cluster munition" to more closely correspond with their respective meanings as set out in the Convention" (Part 1, Subpart 1, Clause 5(1), amending the definitions of "explosive bomblet" and "explosive submunition"; substituting Clause 6 ("Meaning of cluster munition").
Application of the Act outside New Zealand
The Select Committee has recommended that it be made clear that the Bill applies overseas to a body corporate, or a corporation sole, incorporated in New Zealand as well as to New Zealand citizens and residents and members of the Armed Forces (Part 1, amending Clause 9).
Application of the Act to cluster munition clearing activities
The Select Committee has recommended that it be made clear a person does not commit an offence when they undertake cluster munition clearance activities overseas (Part 2, Subpart 1, Clause 12, inserting new subsection (4A)).
New offence to invest in cluster munitions
The Select Committee has recommended the creation of a new offence for a person to provide or invest funds with the intention that the funds be used, or knowing that they are to be used, in the development or production of cluster munitions (Part 2, Subpart 1, Clause 11, inserting New subclause (1A)).
Attorney-General’s consent to prosecute
The Select Committee has recommended that the Attorney-General’s consent be required before a prosecution is commenced under Clause 11 (Part 2, Subpart 4, inserting new Clause 17A).
