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Treaties and International Law

International Treaties List as at July 2009

Arts, Culture and Heritage (including Education)

20. Film Co-Production Agreements

Bilateral film co-production agreements facilitate and encourage co-productions between the respective countries’ film industries. Most recent agreements adopt a broad definition of ‘film’ – to mean “an aggregate of images, or images and sounds, embodied in any material, and includes television and video recordings, animations and digital format productions”.

This type of agreement is intended to promote cultural understanding and to advantage the screen production industries in both New Zealand and the respective bilateral partner, on a project-by-project basis. Subject to the law in force in each country, such benefits are typically: access to funding, incentives and distribution arrangements, temporary ‘free’ entry of nationals of the other country and admission of cinematographic equipment for the purpose of making or promoting a co-production film.

(i) China: Bilateral. Negotiations commenced in July 2008. New Zealand has provided Chinese authorities with a first draft of a proposed treaty text.

(ii) India: Bilateral. Negotiations commenced in September 2007. New Zealand is in negotiation with India on a draft of a proposed treaty text. New Zealand provided its most recent comments in June 2009.

(iii) South Africa: Bilateral. Negotiations commenced in November 2006. New Zealand and South African authorities have agreed on the final text of the Agreement. The Agreement is awaiting signature.

Lead agency: 

Ministry for Culture and Heritage

Particular interest to Maori and other groups:

The impact on Maori interests will vary according to the content and subject of the film projects that gain approval as formal co-productions under the Agreement. As a rule the impact on Maori will be consistent with the impact on both the wider screen production industry and the general New Zealand population. Maori and Maori culture are likely to feature highly in some co-production projects.

Legislation required:

No. 

Contact:

Vivien Meek
Senior Policy Adviser
Ministry for Culture and Heritage
vivien.meek@mch.govt.nz
Ph (04) 495 2560                Fax (04) 499 4490

 
21. UNESCO: Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954
Common Name: The 1954 Hague Convention

The objective of the Treaty is to provide a regime that will protect cultural property of significance in times of armed conflict. The Convention defines “cultural property” as “movable or immovable property of great importance to the cultural heritage of every people…” Contracting parties under the Convention are obliged to refrain from using cultural property in a manner which is likely to expose that property to destruction or damage in the event of armed conflict. Contracting parties are also obliged to refrain from an act of hostility directed against such property. The Convention is supplemented by two Protocols.  The first deals with the illegal export of cultural property in times of armed conflict, and the second provides reinforced measures to support the Convention, including the establishment of a regime of ‘enhanced protection’ for cultural property that is of the greatest importance for humanity.

Lead agency:

Ministry for Culture and Heritage

Status:

Multilateral. New Zealand pledged at the 2003 International Red Cross Conference in Geneva that it would give early consideration to possible accession to the Convention. The Parliamentary Treaty Examination process for the Convention and its protocols was completed in May 2008. The instrument of ratification for the Convention was deposited with United Nations Educational, Scientific and Cultural Organisation on 24 July 2008, with the Convention taking effect for New Zealand on 24 October 2008.

Accession to the Protocols cannot take place until relevant legislation has been enacted. The Cultural Property (Protection in Armed Conflict) Bill was introduced to the House on 26 August 2008, had its first reading on 2 September 2008, and was referred to the Government Administration Committee. The Bill was reported back to the House on 29 May 2009.

The Committee’s report can be read on the New Zealand Parliament website [external link]

Website:

UNESCO more [external link]

Particular interest to Maori and other groups:
This Convention will protect cultural property that is of importance to New Zealanders. It is anticipated that significant amounts of Maori cultural property will meet the test of being of ‘great importance’ for the purposes of the Convention. The Ministry for Culture and Heritage therefore has consulted widely with Maori on this issue, and will continue to do so.

Legislation Required:

Yes.  The relevant legislation was introduced to the House during 2008.

Contact:

Edward Siddle
Senior Policy Adviser
Ministry for Culture and Heritage

edward.Siddle@mch.govt.nz

Ph (04) 492 2562                 Fax (04) 499 4490

 
22.  The Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific
Common Name: The Asia Pacific Recognition Convention

The Asia Pacific Recognition Convention was adopted at the International Conference of States, Bangkok 1983. It is the Asia Pacific region’s counterpart to the Convention on the Recognition of Qualifications Concerning Higher Education in the Europe Region (The Lisbon Convention). However, it is a more detailed and technical document. For a number of reasons, New Zealand has, to date, chosen not to accede to the Convention.

The obligations under the proposed new Asia Pacific Recognition Convention are the same as the Lisbon Convention:

(i) Under the Convention, New Zealand would be obligated to recognise the qualifications and periods of study issued by other Parties unless substantial differences could be proved by the institution that is charged with recognition. Alternately, the institution can request the person seeking the recognition to obtain an assessment (a written appraisal) of their qualification or period of study. New Zealand practice already complies with this requirement.

(ii) Upon accession, New Zealand would identify a National Information Centre to facilitate access to authoritative and accurate information on the higher education system and qualifications of New Zealand and other Parties to the Convention as well as the provision of advice or information on recognition matters and assessment of qualifications of the other Parties. The New Zealand Qualifications Authority has been designated as New Zealand’s National Information Centre and work is on track to establish the National Information Centre (website) by 30 June 2009.

(iii) New Zealand would need to promote the use of a Diploma Supplement or equivalent across New Zealand’s degree-granting tertiary institutions. A Diploma Supplement is a brief annex to a qualification designed to enhance the transparency and portability of the qualification. Individual institutions would decide whether to adopt the Diploma supplement. The Ministry of Education and the New Zealand Qualifications Authority have completed consultation on the use of a Diploma Supplement and guidelines for implementation are due to be published on 30 June 2009.

Lead agency:

New Zealand Qualifications Authority  

Status:

Multilateral. At the tenth Regional Convention in May 2009 the replacement text of the Convention was accepted by the UNESCO-led Working Group. While not a full member of the Working Group, New Zealand Qualifications Authority has been involved in the redrafting process, providing comment on the draft sections as they have developed. The Convention is now with UNESCO to complete the drafting process.

Website:

Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher Education in Asia and the Pacific 1983 more [external link]

Particular interest to Maori and other groups: 

No perceived potential impact on Maori interests.  New Zealand’s three Wananga will be consulted alongside other Tertiary Education Organisations.

Interest from New Zealand’s Tertiary Education Organisations including sector organisations, the New Zealand Vice-Chancellors’ Committee (NZVCC) and the Institutes of Technology and Polytechnics of New Zealand (ITPNZ).

Legislation Required:

No

Contact:

Julianne Patrick
Senior Policy Analyst
Policy (International) Unit
New Zealand Qualifications Authority

julianne.patrick@nzqa.govt.nz

Ph (04) 463 4212                 Fax (04) 802 3426

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Page last updated: Wednesday, 01 July 2009 14:20 NZST