Equipo Nizkor - New Zealand: Geneva Conventions Act 1958.

Reprint
as at 23 April 2014

Public Act

Date of assent

Commencement

1958 No 19

18 September 1958

Contents

Title

1 Short Title
2 Interpretation

Punishment of offenders against Conventions or First Protocol

3 Punishment for grave breaches of Conventions or First Protocol or 4 Third Protocol

Provisions as to certain legal proceedings

4 Notice of trial of protected persons to be served on Protecting Power, etc
5 Legal representation of prisoners of war
6 Appeals by protected persons
7 Reduction of sentence, and custody of protected prisoners of war and internees

Prevention of abuse of Red Cross and other emblems

8 Use of Red Cross and other emblems

Miscellaneous

9 Regulations
10 Application to Tokelau
11 Repeal and savings

Schedule 1
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949

Schedule 2
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949

Schedule 3
Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949

Schedule 4
Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949

Schedule 5
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts

Schedule 6
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts

Schedule 7
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem

An Act to enable effect to be given to certain International Conventions done at Geneva on 12 August 1949 and to certain Protocols additional to those Conventions and for purposes connected therewith

Title: amended, on 10 July 1987, by section 2 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

1 Short Title

This Act may be cited as the Geneva Conventions Act 1958.

2 Interpretation

(1) In this Act, unless the context otherwise requires,–

the Conventions means the First Convention, the Second Convention, the Third Convention, and the Fourth Convention

the First Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1

the Second Convention means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick, and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2

the Third Convention means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 3

the Fourth Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4

New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990; and includes any aircraft belonging to or in the service of Her Majesty in right of New Zealand, whether a civil or a military aircraft

New Zealand ship means a New Zealand ship or ship belonging to Her Majesty as those terms are defined in the Shipping and Seamen Act 1952; and includes an unregistered ship which is by Part 12 of that Act required to be registered in New Zealand or in some other Commonwealth country

protected internee means a person protected by the Fourth Convention and interned in New Zealand

protected prisoner of war means a person protected by the Third Convention

the Protecting Power, in relation to a protected prisoner of war or a protected internee, means the Power or organisation which is carrying out, in the interests of the Power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to Protecting Powers under the Third Convention or the Fourth Convention, as the case may be

the Protocols means the First Protocol, the Second Protocol, and the Third Protocol

the First Protocol means the Protocol Additional to the Conventions and relating to the protection of victims of international armed conflicts, adopted at Geneva on 8 June 1977, a copy of which Protocol (not including the annexes to that Protocol) is set out in Schedule 5

the Second Protocol means the Protocol Additional to the Conventions and relating to the protection of victims of non-international armed conflicts, adopted at Geneva on 8 June 1977, a copy of which Protocol is set out in Schedule 6

the Third Protocol means the Protocol Additional to the Conventions and relating to the adoption of an additional distinctive emblem, adopted at Geneva on 8 December 2005, a copy of which is set out in Schedule 7.

(2) If the ratification on behalf of New Zealand of any of the Conventions or the Protocols is subject to a reservation or is accompanied by a declaration, that Convention or that Protocol, as the case may require, shall, for the purposes of this Act, have effect and be construed subject to and in accordance with that reservation or declaration.

Section 2(1) court: repealed, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Section 2(1) New Zealand aircraft: amended, on 1 September 1990, pursuant to section 101(1) of the Civil Aviation Act 1990 (1990 No 98).

Section 2(1) the Protecting Power: amended, on 23 April 2014, by section 4(1) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 2(1) the Protocols: inserted, on 10 July 1987, by section 3(1) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 2(1) the Protocols: amended, on 23 April 2014, by section 4(3) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 2(1) the First Protocol: inserted, on 10 July 1987, by section 3(1) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 2(1) the Second Protocol: inserted, on 10 July 1987, by section 3(1) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 2(1) the Third Protocol: inserted, on 23 April 2014, by section 4(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 2(2): replaced, on 10 July 1987, by section 3(2) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 2(2): amended, on 23 April 2014, by section 4(4) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Punishment of offenders against Conventions or First Protocol

Heading: replaced, on 10 July 1987, by section 4 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

3 Punishment for grave breaches of Conventions or First Protocol or Third Protocol

(1) Any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the Conventions or of the First Protocol or the Third Protocol is guilty of an offence.

(2) For the purposes of this section–

(a) a grave breach of the First Convention is a breach of that Convention involving an act referred to in Article 50 of that Convention committed against persons or property protected by that Convention:

(b) a grave breach of the Second Convention is a breach of that Convention involving an act referred to in Article 51 of that Convention committed against persons or property protected by that Convention:

(c) a grave breach of the Third Convention is a breach of that Convention involving an act referred to in Article 130 of that Convention committed against persons or property protected by that Convention:

(d) a grave breach of the Fourth Convention is a breach of that Convention involving an act referred to in Article 147 of that Convention committed against persons or property protected by that Convention:

(e) a grave breach of the First Protocol is a breach of that Protocol involving–

(i) an act or omission referred to in paragraph 4 of Article 11 of that Protocol committed against or omitted in respect of persons protected by paragraph 1 of that Article; or

(ii) an act referred to in paragraph 2 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or

(iii) an act referred to in paragraph 3 of Article 85 of that Protocol committed against persons or property protected by that paragraph; or

(iv) an act or omission referred to in paragraph 4 of Article 85 of that Protocol committed against or omitted in respect of persons or property protected by that paragraph:

(f) a grave breach of the Third Protocol is a breach of that Protocol involving the perfidious use, in violation of Article 37 of the First Protocol, of the distinctive emblem of the red crystal (as if it were a distinctive emblem specified in paragraph (3)(f) of Article 85 of the First Protocol).

(3) This section applies to persons regardless of their nationality or citizenship.

(4) The punishment for an offence against this section shall be,–

(a) where the offence involves the wilful killing of a person protected by the relevant Convention or by the First Protocol, as the case may require, the same as that for the time being for murder:

(b) in any other case, imprisonment for life or a lesser term.

(5) No one shall be prosecuted for an offence against this section without the leave of the Attorney-General.

(6) The provisions of section 5 (other than subsection (2)) shall apply in relation to the trial of a person who is not a protected prisoner of war for an offence against this section in like manner as they apply in relation to the trial of a protected prisoner of war.

(7) If–

(a) in any proceedings under this section in respect of a grave breach of any of the Conventions any question arises under Article 2 of that Convention (which relates to the circumstances in which the Convention applies); or

(b) in any proceedings under this section in respect of a grave breach of the First Protocol any question arises under paragraph 3 or paragraph 4 of Article 1 of that Protocol or under Article 3 of that Protocol (which relate to the circumstances in which that Protocol applies),–

that question shall be determined by the Minister of Foreign Affairs and Trade, and a certificate purporting to set out any such determination and to be signed by or on behalf of that Minister shall be received in evidence and be deemed to be so signed without further proof, unless the contrary is shown.

(8) [Repealed]

Section 3: replaced, on 10 July 1987, by section 4 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 3 heading: amended, on 23 April 2014, by section 5(1) of the Geneva Conventions (Third

Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 3(1): amended, on 23 April 2014, by section 5(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 3(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 3(2)(f): inserted, on 23 April 2014, by section 5(3) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 3(4)(b): replaced, on 1 October 2000, by section 185 of the International Crimes and International Criminal Court Act 2000 (2000 No 26).

Section 3(7): amended, on 1 July 1993, by section 6(1) of the Foreign Affairs Amendment Act 1993 (1993 No 48).

Section 3(8): repealed, on 1 July 2009, by section 87 of the Court Martial Act 2007 (2007 No 101).

Provisions as to certain legal proceedings

4 Notice of trial of protected persons to be served on Protecting Power, etc

(1) The court before which–

(a) a protected prisoner of war is brought up for trial for any offence; or

(b) a protected internee is brought up for trial for an offence for which that court has power to sentence him or her to imprisonment for a term of 2 years or more–

shall not proceed with the trial until it is proved to the satisfaction of the court that a notice containing the particulars mentioned in subsection (2), so far as they are known to the prosecutor, has been served not less than 3 weeks previously on the Protecting Power (if there is a Protecting Power), on the accused, and (if the accused is a protected prisoner of war) on the prisoners' representative.

(2) The particulars referred to in subsection (1) are–

(a) the full name and description of the accused, including the date of his or her birth and his or her profession or trade, if any, and, if the accused is a protected prisoner of war, his or her rank and his or her army, regimental, personal, or serial number;

(b) his or her place of detention, internment, or residence;

(d) the court before which the trial is to take place and the time and place appointed for the trial.

(3) For the purposes of this section a document purporting–

(a) to be signed on behalf of the Protecting Power or by the prisoners' representative or by the person accused, as the case may be; and

(b) to be an acknowledgment of the receipt by that Power, representative, or person on a specified day of a notice described therein as a notice under this section–

shall, unless the contrary is shown, be sufficient evidence that the notice required by subsection (1) was served on that Power, representative, or person on that day.

(4) In this section the expression prisoners' representative in relation to a particular protected prisoner of war at a particular time means the person by whom the functions of prisoners' representative within the meaning of Article 79 of the Third Convention were exercisable in relation to that prisoner at the camp or place at which that prisoner was, at or last before that time, detained as a protected prisoner of war.

(5) Any court which adjourns a trial for the purpose of enabling the requirements of this section to be complied with may, notwithstanding anything in any other enactment or any rule of law, remand the accused for the period of the adjournment.

Section 4 heading: amended, on 17 May 2005, by section 3 of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 4(1)(b): amended, on 23 April 2014, by section 6(1) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(1)(b): amended, on 17 May 2005, by section 3 of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 4(2)(a): amended, on 23 April 2014, by section 6(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(2)(b): amended, on 23 April 2014, by section 6(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 4(2)(c): amended, on 23 April 2014, by section 6(3) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

5 Legal representation of prisoners of war

(1) The court before which a protected prisoner of war is brought up for trial for any offence shall not proceed with the trial, unless–

(a) the accused is represented by counsel; and

(b) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to counsel for the accused;

and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other enactment or rule of law, the court may remand the accused for the period of the adjournment.

(2) In the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the Protecting Power shall, without prejudice to the requirements of paragraph (b) of subsection (1), be regarded for the purposes of that subsection as representing the accused.

(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence; and at any such further proceedings, in the absence of counsel either accepted by the accused as representing him or her or instructed as mentioned in subsection (2), counsel assigned in pursuance of this subsection shall, without prejudice to the requirements of paragraph (b) of subsection (1), be regarded for the purposes of the said subsection (1) as representing the accused.

(4) A counsel shall be assigned in pursuance of subsection (3) in such manner as may be prescribed by regulations made under this Act, and any counsel so assigned shall be entitled to receive, out of money appropriated by Parliament for the purpose, such remuneration and disbursements as may be in like manner prescribed. While there are no regulations for the purposes of this section or so far as any such regulations do not apply, the provisions of the Legal Services Act 1991 and of any regulations made under that Act shall apply to the assignment, remuneration, and disbursement of counsel under this section.

Section 5(2): amended, on 23 April 2014, by section 7(1) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 5(3): amended, on 23 April 2014, by section 7(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 5(4): amended, on 1 February 1992, by section 159(1) of the Legal Services Act 1991 (1991 No 71).

6 Appeals by protected persons

(1) Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, the time allowed in relation to the institution of an appeal or an application for leave to appeal against the conviction or sentence shall, notwithstanding anything to the contrary in any other enactment, be the period from the date of his or her conviction or, in the case of an appeal against sentence, of his or her sentence to the expiration of 28 days after the date on which the convicted person receives a notice that the Protecting Power has been notified of his or her conviction and sentence, being a notice given,–

(a) in the case of a protected prisoner of war, by an officer of the New Zealand armed forces; or

(b) in the case of a protected internee, by or on behalf of the person in charge of the prison or place in which he or she is confined.

(2) [Repealed]

(3) Where subsection (1) applies in relation to a convicted person, then, unless the court otherwise orders, an order of the court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the revesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his or her conviction or sentence is possible.

(4) Subsections (1) and (2) shall not apply in relation to an appeal against a conviction or sentence if, at the time of the conviction or sentence, there is no Protecting Power.

(5) [Repealed]

(6) [Repealed]

Section 6(1): amended, on 23 April 2014, by section 8(1) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 6(1): amended, on 17 May 2005, by section 4(1) of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 6(1)(b): amended, on 23 April 2014, by section 8(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 6(2): repealed, on 1 December 1983, by section 208(1) of the Armed Forces Discipline Act 1971 (1971 No 53).

Section 6(3): amended, on 23 April 2014, by section 8(3) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 6(5): repealed, on 17 May 2005, by section 4(2) of the Geneva Conventions Amendment Act 2005 (2005 No 54).

Section 6(6): repealed, on 17 May 2005, by section 4(2) of the Geneva Conventions Amendment Act 2005 (2005 No 54).

7 Reduction of sentence, and custody of protected prisoners of war and internees

(1) When a protected prisoner of war or a protected internee is convicted of an offence, the court shall,–

(a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and

(b) in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account.

(2) Where the Minister of Justice is satisfied that a protected prisoner of war accused of an offence has been in custody in connection with that offence, while awaiting trial, in a place other than a camp or place in which protected prisoners of war are detained, for an aggregate period of not less than 3 months, that Minister may direct that the prisoner shall be transferred from that custody to the custody of an officer of the New Zealand armed forces and thereafter remain in military custody at a camp or place in which protected prisoners of war are detained, and be brought before the court at the time appointed for his or her trial.

Section 7(2): amended, on 23 April 2014, by section 9 of the Geneva Conventions (Third Protocol– Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Prevention of abuse of Red Cross and other emblems

8 Use of Red Cross and other emblems

(1) Subject to the provisions of this section, it shall not be lawful for any person, without the authority of the Minister of Defence or a person authorised by him or her in writing to give consent under this section, to use for any purpose whatsoever any of the following emblems, designations, designs, or wordings, that is to say:

(a) the emblem of a red cross with vertical and horizontal arms of the same length on, and completely surrounded by, a white ground, or the designation "Red Cross" or "Geneva Cross":

(b) the emblem of a red crescent moon on, and completely surrounded by, a white ground, or the designation "Red Crescent":

(ba) the emblem of a red crystal, composed of a red frame in the shape of a square on edge on a white ground, or the designation "Red Crystal":

(c) the following emblem in red on, and completely surrounded by, a white ground, that is to say, a lion passing from right to left of, and with its face turned towards, the observer, holding erect in its raised right fore-paw a scimitar, with, appearing above the lion's back, the upper half of the sun shooting forth rays, or the designation "Red Lion and Sun":

(d) any design consisting of a white or silver cross with vertical and horizontal arms of the same length on, and completely surrounded by, a red ground, being the heraldic emblem of the Swiss Confederation, or any other design so nearly resembling that design as to be capable of being mistaken for that heraldic emblem:

(e) any design or wording so nearly resembling any of the emblems or designations specified in the foregoing provisions of this subsection as to be capable of being mistaken for, or, as the case may be, understood as referring to, one of those emblems.

(2) If any person contravenes the foregoing provisions of this section he or she shall be guilty of an offence and be liable on conviction to a fine not exceeding $10,000 and to forfeit any goods upon or in connection with which the emblem, designation, design, or wording was used.

(3) The Minister of Defence or a person authorised by that Minister to give consents under this section shall not refuse to give such a consent, and shall not withdraw such a consent, except for the purpose of giving effect to the provisions of the Conventions or of the Protocols.

(4) In the case of a trade mark registered before the passing of this Act, the foregoing provisions of this section shall not apply by reason only of its consisting of or containing a design or wording which reproduces or resembles an emblem or designation specified in paragraph (b) or paragraph (c) of subsection (1).

(4A) In the case of a trade mark registered before subsection (1)(ba) comes into force, subsections (1) to (3) do not apply by reason only of the trade mark consisting of or containing a design or wording that reproduces or resembles the emblem or the designation specified in subsection (1)(ba).

(5) If a person is charged with using a design or wording to which subsection (4) or (4A) applies for any purpose and it is proved that he or she used it otherwise than as, or as part of, a trade mark registered as aforesaid, it is a defence for him or her to prove–

(a) that he or she lawfully used that design or wording for that purpose before the passing of this Act or subsection (1)(ba) comes into force (as the case may be); or

(b) in a case where he or she is charged with using the design or wording upon goods, that the design or wording had been applied to the goods before he or she acquired them by some other person who had manufactured or dealt with the goods in the course of trade and who lawfully used the design or wording upon similar goods before the passing of this Act or subsection (1)(ba) comes into force (as the case may be).

(6) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he or she, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(7) This section extends to the use in or outside New Zealand of an emblem, designation, design, or wording referred to in subsection (1) on any New Zealand ship or New Zealand aircraft.

(8) No one shall be prosecuted for an offence under this section without the leave of the Attorney-General.

(9) Subsection (2) of section 18 of the Trade Marks Act 1953 is hereby consequentially repealed.

Section 8(1): amended, on 23 April 2014, by section 10(1) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(1)(ba): inserted, on 23 April 2014, by section 10(2) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(2): amended, on 23 April 2014, by section 10(3)(a) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 8(2): amended, on 12 December 2012, by section 10(3)(b) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(3): amended, on 10 July 1987, by section 5(2) of the Geneva Conventions Amendment Act 1987 (1987 No 144).

Section 8(4A): inserted, on 23 April 2014, by section 10(4) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(5): replaced, on 23 April 2014, by section 10(5) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Section 8(6): amended, on 23 April 2014, by section 10(6) of the Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

Miscellaneous

9 Regulations

The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a) providing for the assignment, remuneration, and disbursement of counsel for the purposes of section 5:

(b) prescribing the form of flags, emblems, signs, signals, designations, designs, wordings, uniforms, and insignia for use for the purposes of the Conventions or the Protocols or both, and regulating their use:

(c) prescribing the form of identification cards for use for the purposes of the Conventions or the Protocols or both, and regulating their use:

(d) for the purpose of giving effect to Article 38 or Article 39 of the First Protocol, prohibiting or restricting the use of such flags, emblems, signs, signals, insignia, or uniforms as may be specified in the regulations:

(e) providing for the keeping of such records, and the recording of such information, as are required to be kept or recorded under the Conventions or the Protocols:

(f) prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and prescribing the amounts of the fines that may be imposed in respect of such offences, which fines shall be an amount not exceeding $1,000:

(g) providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

Section 9: replaced, on 10 July 1987, by section 6 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

10 Application to Tokelau

(1) This Act is in force in Tokelau.

(2) In this Act, except in this section, New Zealand includes Tokelau.

(3) Every reference in this Act to the Attorney-General includes, in relation to To-kelau, the Administrator of Tokelau.

(4) The other Ministers specified in this Act may exercise the powers conferred on them by this Act in Tokelau.

Section 10: replaced, on 23 April 2014, by section 11 of the Geneva Conventions (Third Protocol– Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

11 Repeal and savings

(1) The Geneva Convention Act 1936 is hereby repealed.

(2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.

Schedule 1
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949

[Text of Geneva Convention (I) omitted in this file. Text available here: Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field]

Schedule 2
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949

[Text of Geneva Convention (II) omitted in this file. Text available here: Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea]

Schedule 3
Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949

[Text of Geneva Convention (III) omitted in this file. Text available here: Convention (III) relative to the Treatment of Prisoners of War]

Schedule 4
Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949

[Text of Geneva Convention (IV) omitted in this file. Text available here: Convention (IV) relative to the Protection of Civilian Persons in Time of War]

Schedule 5
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts

Schedule 5: inserted, on 10 July 1987, by section 7 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

[Text of Protocol (I) omitted in this file. Text available here: Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1)]

Schedule 6
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts

Schedule 6: inserted, on 10 July 1987, by section 7 of the Geneva Conventions Amendment Act 1987 (1987 No 144).

[Text of Protocol (II) omitted in this file. Text available here: Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)]

Schedule 7
Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem

s 2(1)

Schedule 7: inserted, on 23 April 2014, by section 12 of the Geneva Conventions (Third Protocol– Red Crystal Emblem) Amendment Act 2012 (2012 No 96).

[Text of Protocol (III) omitted in this file. Text available here: Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)]

Reprints notes

1 General

This is a reprint of the Geneva Conventions Act 1958 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parlia-ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Geneva Conventions (Third Protocol–Red Crystal Emblem) Amendment Act 2012 (2012 No 96)
Criminal Procedure Act 2011 (2011 No 81): section 413
Court Martial Act 2007 (2007 No 101): section 87
Geneva Conventions Amendment Act 2005 (2005 No 54)
International Crimes and International Criminal Court Act 2000 (2000 No 26): section 185
Foreign Affairs Amendment Act 1993 (1993 No 48): section 6(1)
Legal Services Act 1991 (1991 No 71): section 159(1)
Civil Aviation Act 1990 (1990 No 98): section 101(1)
Geneva Conventions Amendment Act 1987 (1987 No 144)
Armed Forces Discipline Act 1971 (1971 No 53): section 208(1)

18Sep1958

Geneva Conventions Act 1958

- New Zealand -

[Source: Public Act 1958 No 19, Parliamentary Counsel Office, Wellington, New Zealand, 18 September 1958.]

Legislation
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