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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 Comprehensive Terrorism Convention is intended to supplement the existing twelve international anti-terrorism treaties. Whereas those treaties outlaw specific types of terrorism such as hijacking, the Comprehensive Convention contains a generic offence that is intended to fill the gaps left by those earlier treaties. The main unresolved issue is the nature of any exceptions, in particular, the situation of struggles against foreign occupation.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Negotiations have commenced but are currently stalled over the definition of terrorism.
Legislation required:
Not yet clear.
Contact:
Rachel Maidment
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Ph (04) 439 8214 Fax (04) 439 8103
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The Convention calls for states to develop appropriate legal frameworks criminalising nuclear terrorism-related acts, investigate alleged offences and, as appropriate, arrest, prosecute or extradite offenders. It also calls for international co-operation with nuclear terrorism investigations and prosecutions, including the transfer of detainees.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. Negotiations commenced in 1998. Text was adopted by the United Nations General Assembly on 13 April 2005. New Zealand signed the Convention when it opened for signature on 14 September 2005. Parliamentary treaty examination was completed on 21 July 2006. New Zealand is currently working on implementing legislation in order to ratify the Convention.
Website:
United Nations General Assembly - International Convention for the Suppression of Acts of Nuclear Terrorism [external link - PDF 52KB]
Particular interest to Maori and other groups:
Possible interest from hospitals, research laboratories and other organisations using/storing nuclear material. The Institute of Geological and Nuclear Science and the National Radiation Laboratory were consulted during the development of the cabinet paper seeking approval to sign the Convention.
Legislation required:
Yes.
Contact:
Rachel Maidment
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Ph (04) 439 8214 Fax (04) 439 8103
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In its current form the CPPNM requires Parties to implement measures to ensure the safe transportation of nuclear material. Following the events of September 11 2001, States Parties to the CPPNM agreed to improve the CPPNM by extending its scope to cover the physical protection of nuclear facilities and domestic transport, storage and use of nuclear material, thereby strengthening the global nuclear security regime.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. Text final. Not yet in force. The Amendment of the CPPNM was adopted at a diplomatic conference on 8 July 2005. Parliamentary treaty examination was completed on 21 July 2006. New Zealand is currently working on implementing legislation in order to ratify the Amendment.
Website:
IAEA Nuclear Security: Measures to Protect Against Nuclear Terrorism - Amendment to the Convention on the Physical Protection of Nuclear Material [external link - PDF 67KB]
Legislation required:
Yes.
Contact:
Rachel Maidment
Senior Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Ph (04) 439 8214 Fax (04) 439 810
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The United Nations and associated personnel currently work in some of the world’s most hostile situations. Protection of United Nations forces and personnel is a priority for humanitarian and practical reasons. The main purpose of the Convention on the Safety of United Nations and Associated Personnel of 1994 is to criminalise attacks against United Nations peacekeeping personnel. The Convention provides a mechanism for prosecuting attacks on United Nations personnel as crimes against international law. Each State Party undertakes to criminalise such attacks under its domestic law and to prosecute offenders.
New Zealand took a lead role in the negotiations for the 1994 Convention. The scope of application of the Convention concluded was not as broad as originally intended. However, it was the best achievable at that time. Since 2003, New Zealand has been involved in negotiations for an Optional Protocol to extend the scope of the 1994 Convention. On 8 December 2005, the United Nations General Assembly adopted without a vote an Optional Protocol extending the scope of the 1994 Convention to a wider group of United Nations personnel. This Protocol, when it enters into force, will make an important contribution to the international rule of law and to legal protection of United Nations personnel.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. Text final. Negotiations completed in October 2005. The Protocol was subsequently adopted by the United Nations General Assembly on 8 December 2005. New Zealand signed the Protocol in September 2006. Parliamentary treaty examination was completed on 16 November 2006. New Zealand is currently working on implementing legislation in order to ratify the Protocol.
Website:
Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel [external link]
Legislation required:
A minor amendment to the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 is required to ratify the protocol.
Contact:
Jarrod Clyne
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
jarrod.clyne@mfat.govt.nz
Ph (04) 439 7925 Fax (04) 439 8103
The Additional Protocol recognises a third emblem to the Geneva Conventions. This was in recognition of the need for a third protective emblem to the Geneva Conventions with a status equal to the Red Cross and Red Crescent. A third emblem could be used in situations where neither of the existing emblems has the respect of both sides in a conflict situation, or for use in and by states and national humanitarian societies where the current emblems are not considered appropriate.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. Text final. Negotiations completed in December 2005. New Zealand signed the Protocol on 19 June 2006
Parliamentary treaty examination was completed on 10 April 2007. New Zealand is currently working on implementing legislation in order to ratify the Protocol.
Website:
Australasian Legal Information Institute more [external link]
Particular interest to Maori and other groups:
The use of the third emblem will be of interest to the New Zealand Red Cross Society.
Legislation required:
Yes. Minor amendments to legislation will be required to give domestic effect to the treaty. It will be necessary to amend section 8 (1) of the Geneva Conventions Act 1958 and Schedule 3 of the Flags, Emblems and Names Protection Act 1981 which relates to various enactments and orders (relating to protection of certain emblems, names, and words) that are preserved to include the red crystal.
Contact:
Andrew Williams
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
andrew.williams@mfat.govt.nz
Ph (04) 439 8338 Fax (04) 439 8103
Poorly regulated arms transfers have helped fuel conflict, serious human rights abuses and breaches of international law in many regions of the world. The objective of an ATT would be to set legally binding standards that States must apply when considering any international transfers of conventional arms (a term which includes a wide range of weapons from battle tanks and warships to firearms and grenade launchers). An ATT would essentially codify into a consolidated instrument, existing principles and obligations that apply to the arms trade. A comprehensive and effective ATT would prevent arms from being transferred in situations where they would be used to commit violations of human rights or international law. New Zealand has been a longstanding supporter of this initiative.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The United Nations Secretary General established a Group of Governmental Experts to examine the feasibility, scope and parameters of an ATT. This Group presented a report to the United Nations General Assembly in 2008 on taking forward work on an ATT. The United Nations has now established an Open-ended Working Group on an Arms Trade Treaty which met earlier this year and is to meet again 13-17 July and early next year.
Website:
A copy of NewZealand’s submission to the United Nations Secretary General setting out its views on the feasibility, scope and parameters of an ATT can be found in the Disarmament section of this website.
Particular interest to Maori and other groups:
It is difficult to identify any direct impact that an Arms Trade Treaty would have on Maori interests. Maori with an interest in an ATT would of course be able to seek further information as the issue develops.
The scope of an Arms Trade Treaty is likely to encompass many different dimensions, including international law, trade, human rights, international humanitarian law, sustainable development and good governance. Other interest groups that will therefore be consulted as we move forward on an ATT include human rights and arms control NGOs (including Amnesty International, Oxfam and IANSA) and gun users (e.g. COLFO) as well as those involved with the firearms industry. Government agencies whose input will also be sought include Police, New Zealand Defence Force and Customs.
Legislation required:
Not yet clear.
Contact:
Jillian Dempster
Deputy Director
International Security and Disarmament Division
Ministry of Foreign Affairs and Trade
jillian.dempster@mfat.govt.nz
Ph (04) 439 8203 Fax (04) 439 8519
A diplomatic conference was held in Dublin from 19-30 May 2008 to finalise negotiations on a new Convention on cluster munitions, within the framework known as the Oslo Process. A cluster munition is an area weapon, originally designed to target moving, dispersed, or concealed enemy forces. It normally comprises a canister containing a number of sub-munitions or bomblets, which are dispersed over an area. While designed to explode on impact, many submunitions fail and become a serious humanitarian hazard for people returning to their communities post-conflict.
The objective of the Convention is to prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians, and to establish a framework for co-operation and assistance to survivors, clearance of land contaminated by cluster munition remnants and the destruction of stockpiles. New Zealand, together with a core group of countries that include Norway, Mexico, Ireland, Austria and Peru, played an active role in the Oslo Process, including hosting a negotiating meeting in February 2008. New Zealand has also made a practical commitment to addressing the humanitarian harm posed by cluster munitions through the deployment of unexploded ordinance experts from the New Zealand Defence Force to Southern Lebanon to help clean up the United Nations-estimated one million unexploded cluster munitions in that region.
New Zealand signed the Convention on 3 December 2008.
Lead agency:
Ministry of Foreign Affairs and Trade and New Zealand Defence Force
Status:
Multilateral. Negotiations were concluded at a Diplomatic Conference in Dublin in May 2008, and the Convention adopted by participating states. New Zealand was amongst the first parties to sign the new Convention in Norway on 3 December 2008. The Convention and an accompanying National Interest Analysis have successfully completed the parliamentary treaty examination process and work is now underway on the passage of implementing legislation.
Particular interest to Maori and other groups:
It is difficult to identify any direct impact that a cluster munitions Convention would have on Maori interests. Maori with an interest in the new Convention on Cluster Munitions will of course have an opportunity to feed in their views.
NGOs in New Zealand, under the umbrella group Aotearoa/New Zealand Cluster Munitions Coalition, have shown a strong interest in the humanitarian concerns posed by the use of cluster munitions. The Coalition played an active role in the Wellington Conference on Cluster Munitions in February 2008 and participated in the final Conference in Dublin. The New Zealand Defence Force and Ministry of Defence have been closely involved on the process, given the potential impact that a cluster munitions treaty might have on their operations.
Legislation required:
Yes. A standalone Cluster Munitions (Prohibition) Bill has been developed to implement the Convention’s requirements and will shortly be introduced into the House of Representatives for consideration.
Contact:
Alex Rogers
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
alex.rogers@mfat.govt.nz
Ph (04) 439 8547 Fax (04) 439 8103
Officials of the US Department of Homeland Security have proposed that the US and New Zealand conclude an Agreement to provide a framework to enable New Zealand agencies responsible for border and transport security, law enforcement and civil defence emergency management to maintain and develop closer links and technical cooperation with their US counterparts, who now form part of the Department of Homeland Security. The Co-operation Framework Agreement would serve as an umbrella agreement to enable US and New Zealand agencies to work together more closely and in a more structured way on border and transport security, law enforcement and civil defence emergency management issues. The Agreement affirms a “common interest in generating scientific and technological solutions to counter threats, reduce vulnerabilities, and respond to and recover from incidents and emergencies in those areas having the potential for causing significant security, economic and/or social impacts.”
The Agreement would not, of itself, impose specific commitments.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Bilateral. Negotiations are ongoing.
Particular interest to Maori and other groups:
Increased cooperation with the US on technologies linked with border and transport security, law enforcement and civil defence emergency management may offer scope for commercial benefit to New Zealand companies working in these areas.
Legislation required:
No.
Contact:
David Taylor
Director
Americas Division
Ministry of Foreign Affairs and Trade
david.taylor@mfat.govt.nz
Ph (04) 439 8145
To govern the sharing of classified security-related information between New Zealand and France, and to upgrade the current non-treaty level arrangements in place on the issue.
Lead agency:
Ministry of Defence
Status:
Bilateral. A draft text is under development within the New Zealand Defence Force.
Legislation required:
No.
Contact:
Caroline McQueen
Analyst
International Defence Relations Branch
Ministry of Defence
Caroline.McQueen@defence.govt.nz
Ph (04) 496 0675 Fax (04) 496 0021
To regulate the pre-conditions and conditions for the temporary stay of members of the New Zealand Defence Force in Samoa, in particular for tropical condition training carried out in Samoa by the New Zealand Defence Force.
Lead agency:
New Zealand Defence Force
Status:
Bilateral. Negotiations are underway and are expected to conclude in June 2009. The Agreement is expected to enter into force in July 2009, subject to completion of the necessary domestic processes in both countries.
Legislation required:
No.
Contact:
Commander Chris Griggs, RNZN
Deputy Director of Legal Services – Operations Law
New Zealand Defence Force
christopher.griggs@nzdf.mil.nz
Ph (04) 496 0716 Fax (04) 496 0734
To provide rules governing the exchange of classified defence information between New Zealand and Germany
Lead agency:
New Zealand Defence Force
Status:
Bilateral. Under consideration on both sides.
Legislation required:
No.
Contact:
Commander Chris Griggs, RNZN
Deputy Director of Legal Services – Operations Law
New Zealand Defence Force
christopher.griggs@nzdf.mil.nz
Ph (04) 496 0716 Fax (04) 496 0734
