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Digest No. 1749

Cultural Property (Protection in Armed Conflict) Bill 2008 (2009 No 275-2)

Date of Introduction: 26 August 2008
Portfolio: Arts, Culture, and Heritage
Select Committee: Government Administration
Date report presented: 29 May 2009
Published: 02 March 2010byJohn McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The aim of the Bill is to meet various obligations that are required before New Zealand can accede to the First and Second Protocols to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict (the Convention) [1]   .

The Bill as introduced is described in Bills Digest No 1642.

Main changes to the Bill

Serious violation offences committed anywhere may be prosecuted in New Zealand

The Bill describes certain acts which constitute serious violation offences . These are acts which are:

  • carried out intentionally; and
  • done in a "relevant situation of hostilities" (i.e. a situation involving armed conflict or an international conflict or otherwise) or the occupation of territory, "but only to the extent that the Second Protocol applies to that conflict or occupation"); and
  • "the property in relation to which the act is done is property protected under the Convention or the Second Protocol"; and
  • the person knows or has reason to believe that the property is, where relevant, enhanced protection property or cultural property.

The Select Committee has recommended that it be made clear in the Bill that a person may be charged with a "serious violation offence" regardless of whether the offence is committed in New Zealand or elsewhere (Part 2, amending Clause 7 of the Bill).

Jurisdiction in relation to offences outside New Zealand and extradition

The Select Committee has recommended that the jurisdiction in relation to serious violation offences committed outside New Zealand may be exercised in New Zealand where the person to be charged has been found in New Zealand, has not been extradited, and is to be charged with, or in relation to, a serious violation offence (Part 2, deleting Clause 8 and inserting New Clause 9A; amending Clause 13(2) by substituting paragraph (b)).

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  1. Cultural Property (Protection in Armed Conflict) Bill, 2008 No 275-1, Explanatory note, General Policy statement, p. 1.   [back]