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Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.
If you come across a term that isn't included in the Glossary please send us an email.
The Convention is primarily concerned with exclusive choice of court agreements in civil and commercial matters. It supports those agreements by requiring the chosen court to exercise jurisdiction and hear the case, and for courts in other countries to decline to do so. The Convention has the potential to significantly reduce risk and uncertainty associated with cross-border contracting and cross-border dispute resolutions.
Lead agency:
Ministry of Justice
Status:
Multilateral. Not yet in force internationally. New Zealand is considering acceding to the Convention.
Website:
Hague Conference on Private International Law [external link]
Legislation required:
Yes.
Contact:
Julie Nind
Principal Advisor
Ministry of Justice
Email: julie.nind@justice.govt.nz
Ph: (04) 494 9741
Fax: (04) 494 9854
The Convention deals with the taking of evidence overseas for the purposes of judicial proceedings in civil and commercial cases.
Lead agency:
Ministry of JusticeStatus:
Multilateral. The Convention was concluded in 1971. New Zealand is considering acceding to the Convention.
Website:
Hague Conference on Private International Law [external link]
Legislation required:
No, the Evidence Act 2006 allows New Zealand to accede to the Convention.
Contact:
Julie Nind
Principal Advisor
Ministry of Justice
Email: julie.nind@justice.govt.nz
Ph: (04) 494 9741
Fax: (04) 494 9854
This Convention is intended to provide for international judicial and administrative cooperation in the recovery of child support and other forms of family maintenance.
Lead agency:
Inland Revenue Department
Status:
Multilateral. Negotiations began in the Hague Conference on 5 May 2003. Further negotiation took place in June 2004, April 2005 and June 2006. Negotiations were completed in May 2007, and the Diplomatic Session was held 5–23 November 2007. NewZealand is considering becoming party to the convention.
Website:
Hague Conference on Private International Law [external link]
Legislation required:
Legislation will be required to implement the convention in New Zealand domestic law should NewZealand decide to become party to the convention.
Contact:
Graeme Morrison
Senior Policy Analyst
Inland Revenue Department
Email: graeme.morrison@ird.govt.nz
Ph: (04) 890 6408
Fax: (04) 903 2413
The Convention aims to provide for the better protection of children and their property in cross-border situations and improve inter-state co-operation. The Convention establishes rules in respect of jurisdiction and applicable law and provides for the recognition and enforcement of measures taken in one contracting state to be recognised and enforced in all other contracting states.
Lead agency:
Ministry of Justice
Status:
Multilateral. Parliamentary treaty examination was completed on 29 July 2010. A Bill to enable accession to the convention is expected to be introduced in 2011.
Website:
Hague Conference on Private International Law [external link]
Legislation required:
Yes.
Contact:
Sandra Porteous
Senior Advisor
Public Law,
Family Law Team
Ministry of Justice
Email: sandra.porteous@justice.govt.nz
Ph: (04) 494 9929
Fax: (04) 494 9854
The Agreement covers legal co-operation in civil proceedings with a Trans-Tasman element, and the enforcement of civil penalties and certain regulatory criminal fines across the Tasman.
The objective of the Agreement is to resolve Trans-Tasman civil disputes more effectively and efficiently to remove trade barriers and contribute to the success of Closer Economic Relations and Single Economic Market initiatives.
The significance of this Agreement for New Zealand is the creation of a coherent legal framework for resolving Trans-Tasman civil disputes. Benefits include:
Lead agency:
Ministry of Justice
Status:
Bilateral. The NewZealand and Australian Governments signed the Agreement on 24 July 2008. Parliamentary treaty examination for the agreement was completed on 4 September 2008. Mirror implementing legislation is now in place. The Trans-Tasman Proceedings Act 2010 received the Royal Assent on 31 August 2010. The Australian legislation, the Trans-Tasman Proceedings Act 2010, received the Royal Assent in April 2010. Once the necessary supporting regulations and procedural rules are in place, the agreement can be brought into force.
Particular interest Māori and other groups:
New Zealand Law Society, New Zealand Judiciary, Legal Profession and New Zealand businesses with interests in Australia.
Legislation required:
None - the Trans-Tasman Proceedings Act 2010 has been enacted.
Contact:
Julie Nind
Principal Adviser
Ministry of Justice
Email:julie.nind@justice.govt.nz
Ph: (04) 494 9741
Fax: (04) 494 9854
The Rome Statute was adopted in 1998, and established the International Criminal Court. The Review Conference of the Rome Statute in Kampala, Uganda in June 2010 considered proposed amendments to the Statute. The primary outcome of the Review Conference was to conclude the negotiations on the crime of aggression. The conference adopted a resolution amending the Rome Statute so as to include a definition of the crime of aggression and the conditions under which the Court could exercise its jurisdiction over the crime. The actual exercise of jurisdiction is subject to a decision to be taken after 1 January 2017 by a two thirds majority of states parties.
In addition to the aggression negotiations, the conference adopted a resolution amending article 8 of the Rome Statute to give the Court jurisdiction over the war crime of using poisonous weapons and expanding bullets in armed conflicts not of an international character. Further, the conference adopted a resolution retaining article 124 of the Rome Statute, which allows new States Parties to exclude from the Court’s jurisdiction war crimes committed by its national or on its territory for a period of seven years.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. Amendments were considered at the Kampala Review Conference of the Rome Statute in June 2010.
Website:
International Criminal Court [external link]
Particular interest Māori and other groups:
No specific potential impact on Māori interests anticipated.
Legislation required:
Yes.
Contact:
Carl Reaich
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Email:carl.reaich@mfat.govt.nz
Ph: (04) 439 8214
Fax: (04) 439 8103
