Reprint
as at 1 July 2009
Visiting Forces Act 2004
Public Act
2004 No 59
Date of assent
1 July 2004
Commencement
see section 2
Note
Changes authorised by section 17C of the Acts and Regulations
Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in
the notes at the end of this reprint, together with other explanatory
material about this reprint.
This Act is administered by the New Zealand
Defence Force.
Contents
1 Title
Part 1
Preliminary provisions
2 Commencement
3 Purpose
4 Interpretation
5 Application
6 Act binds
the Crown
Part 2
Visiting forces
Jurisdiction
7 Command,
control, and administration
8 Criminal
and disciplinary jurisdiction
9 Limits
on effect of section 8
10 Criminal
proceedings in New Zealand against members of visiting forces
Arrest
11 Arrest
of members of visiting forces
Proceedings before service tribunal of visiting
force
12 Application
of provisions of Armed Forces Discipline Act 1971
13 New Zealand
courts not to try offenders for offences already disposed of
Imprisonment
14 Manner
in which sentence of imprisonment or detention may be served
Legal proceedings before New Zealand courts
15 Proceedings
of service tribunals
16 Proceedings
relating to conditions of service of member of visiting force or civilian
component
Application to visiting forces of laws applying
to Armed Forces of New Zealand
17 Application
of New Zealand laws to visiting forces
Application of New Zealand Bill of Rights
Act 1990
18 Application
of New Zealand Bill of Rights Act 1990 to acts done at request or
on behalf of visiting forces
Death of members of visiting forces
19 Inquiries relating to members of visiting forces
20 Witnesses
at inquest or inquiry
Claims
21 Claims
against visiting forces
Part 3
Miscellaneous provisions
22 Evidence
23 Regulations
24 Act not
in force in Tokelau
25 Repeals
and revocations
26 Consequential
amendments
27 Saving
relating to existing status of forces agreements
Schedule 1
Revocations
Schedule 2
Consequential amendments to other Acts
1 Title
This Act is the Visiting Forces Act 2004.
Part 1
Preliminary provisions
2 Commencement
This Act comes into force on 1 July 2004.
3 Purpose
The purpose of this Act is—
(a) to update and amend the law relating to visiting forces
to reflect recognised international practice; and
(b) to enable New Zealand to give effect to status of forces
agreements concluded with other States; and
(c) to repeal the Visiting Forces
Act 1939.
4 Interpretation
(1) In this Act, unless the context otherwise requires,—
applicable
agreement, in relation to a visiting force, means a status
of forces agreement entered into between New Zealand and the sending
State (the text of which agreement may, as provided in subsection
(2), be set out in regulations made under section 23)
armed
forces, in relation to a sending State, includes any armed
forces raised in any territory for whose international relations the
Government of that State is responsible
Armed
Forces of New Zealand has the same meaning as Armed Forces
has in section 2(1) of the Defence Act 1990
civilian
component, in relation to a visiting force, means the civilian
personnel who are neither New Zealand citizens nor ordinarily resident
in New Zealand, and who—
(a) are employed by or in the service of the visiting force;
or
(b) are serving with an organisation that, with the approval
of the Government of New Zealand, is accompanying the visiting force;
or
(c) are attached to or accompanying the visiting force
dependant, in relation to a visiting force, means a person who—
(a) is not a member of the visiting force or its civilian
component; and
(b) is neither a New Zealand citizen nor ordinarily resident
in New Zealand; and
(c) is accompanying a member of the visiting force or its
civilian component, and—
(i) is the spouse of the member; or
(ii) is not married to the member, but is living together with
the member in a relationship that is recognised by the visiting force
(whether the person is of the same or different sex as the member);
or
(iii) is wholly or mainly maintained by the member; or
(iv) is in the custody, care, or charge of the member; or
(v) is one of the family of the member residing with the member
member
of a visiting force—
(a) means a person who, in accordance with the law of the
sending State, is serving as a member of the visiting force; but
(b) does not include a member of the armed forces of the sending
State if—
(i) the person is attached to the Armed Forces of New Zealand
under section 23A of the Defence Act 1990; or
(ii) New Zealand and the sending State have mutually determined,
under an agreement between them, that the person is not to be regarded
as a member of a visiting force
Registrar has the same meaning as in section 2 of the Births,
Deaths, Marriages, and Relationships Registration Act 1995
sending
State, in relation to a visiting force, means the State
to which the visiting force belongs
service
authorities of a visiting force—
(a) means the authorities empowered by the law of the sending
State to exercise powers of command, control, discipline, or administration
over a visiting force, including (without limitation) any members
of the force, members of its civilian component, and dependants; and
(b) includes a service tribunal of a visiting force
service
law, in relation to a sending State, means the law governing
the discipline of, and the administration of justice within, the armed
forces of the sending State
service
tribunal of a visiting force—
(a) means any officer, court, or other tribunal empowered
by or under the law of the sending State to investigate, try, or otherwise
dispose of charges brought against persons subject to the service
law of the sending State; and
(b) includes—
(i) a court of inquiry; and
(ii) any officer, court, or other tribunal empowered by or
under the law of the sending State to review the proceedings of a
service tribunal
visiting
force means any part of the armed forces of another State
that has been granted a right of entry into or passage through or
over New Zealand.
(2) For the purpose of subsection (1), regulations made under section 23 may set out the
text of any status of forces agreement entered into between New Zealand
and a sending State, but the fact that a status of forces agreement
is not set out in regulations made under that section does not affect
its validity as an applicable agreement under this Act.
Compare: 1939 No 36 s 2; 1950 No 54 s 2; Defence (Visiting
Forces) Act 1963 s 5 (Aust)
Section 4(1) Registrar: amended, on 24 January
2009, by section 47 of the Births,
Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
5 Application
This Act applies in relation to any visiting force, its civilian
component, and its dependants.
6 Act binds
the Crown
This Act binds the Crown.
Part 2
Visiting forces
Jurisdiction
7 Command,
control, and administration
The service authorities of a visiting force may, within New Zealand,
exercise and perform all the functions, duties, and powers conferred
or imposed on them by the law of the sending State in relation to
the following matters:
(a) the command of the visiting force:
(b) the control of the visiting force:
(c) the administration of the visiting force.
Compare: 1939 No 36 s 3(1)
8 Criminal
and disciplinary jurisdiction
(1) To the extent permitted by an applicable agreement, the service authorities
of a visiting force may, within New Zealand, exercise over members
of the visiting force, members of its civilian component, and its
dependants all criminal and disciplinary jurisdiction conferred on
them by the law of the sending State.
(2) In the absence of an applicable agreement covering the matter, the
service authorities of a visiting force have the primary right to
exercise all criminal and disciplinary jurisdiction conferred on them
by the law of the sending State in respect of any act or omission
that—
(a) is alleged to have been committed by a member of the visiting
force, a member of its civilian component, or a dependant; and
(b) if proved, would constitute an offence—
(i) solely against the property or security of the sending
State; or
(ii) solely against the person or property of any other members
of the visiting force, its civilian component, or dependants; or
(iii) that arises out of an act or omission done in the performance
of official duty.
(3) In the absence of an applicable agreement covering the matter, New
Zealand courts have the primary right to exercise jurisdiction in
respect of any act or omission that—
(a) is alleged to have been committed by a member of the visiting
force, a member of its civilian component, or a dependant; and
(b) is not covered by subsection (2); and
(c) if proved, would constitute an offence against New Zealand
law.
(4) Nothing in this Act affects or limits any power conferred on the
service authorities of a visiting force by the law of the sending
State, being a power to—
(a) arrest, identify, detain, or search a member of the visiting
force, a, member of its civilian component, or a dependant; or
(b) enter and search any ship, aircraft, vehicle, or premises
belonging to or occupied by the visiting force or a person referred
to in paragraph (a); or
(c) seize or take possession of any property, article, or
thing found on or in the possession of any person referred to in paragraph
(a) or in or on any ship, aircraft, vehicle, or premises referred
to in paragraph (b).
(5) Section 99 of the Armed Forces Discipline
Act 1971, with the necessary modifications, applies to
property, articles, and things referred to in subsection (4)(c) that—
(a) are seized or taken into possession by the service authorities
of a visiting force; and
(b) belong to any person other than a member of the visiting
force, a member of its civilian component, or a dependant.
(6) This section is subject to section 9.
Compare: 1939 No 36 s 3(1)
9 Limits
on effect of section 8
(1) The service authorities of a visiting force must not —
(a) impose, or carry out, a sentence of death in New Zealand;
or
(b) do any act in New Zealand that would, if done by a member
of the Armed Forces of New Zealand, constitute an offence against
the Crimes of Torture Act 1989.
(2) The service authorities of a visiting force must not exercise a power
referred to in section 8(4)(b) if the ship, aircraft,
vehicle, or premises are also occupied by a person who is in New Zealand
other than as a member of a visiting force, a member of its civilian
component, or a dependant.
(3) The service authorities of a visiting force must not exercise a power
referred to in section 8(4)(c) if the property,
article, or thing is also in the possession of a person who is in
New Zealand other than as a member of a visiting force, a member of
its civilian component, or a dependant.
(4) If subsection (2) or subsection (3) applies, the service authorities
of a visiting force may request the Attorney-General to obtain the
issue of a search warrant under section 59(1) of the Mutual Assistance in
Criminal Matters Act 1992, and the provisions of that Act,
with the necessary modifications, apply in relation to the request.
10 Criminal
proceedings in New Zealand against members of visiting forces
(1) Criminal proceedings may be instituted in a New Zealand court against—
(a) a member of a visiting force; or
(b) a member of its civilian component, or a dependant, who
is subject to the service law of the sending State.
(2) However, once instituted those proceedings are stayed and must not
proceed except with the consent of the Attorney-General.
(3) The Attorney-General must, before deciding whether or not to give
consent under subsection (2), take into account the terms of any applicable
agreement, and may make such inquiries as he or she thinks fit.
(4) Subsection (2) does not limit or affect any power exercisable under
the law of New Zealand to arrest, identify, detain, or search a member
of a visiting force, a member of its civilian component, or a dependant.
(5) The arrest of a member of a visiting force, a member of its civilian
component, or a dependant is subject to section 11.
Compare: Defence (Visiting Forces) Act 1963 ss 9, 10 (Aust)
Arrest
11 Arrest
of members of visiting forces
(1) If a person arrests a member of a visiting force, a member of its
civilian component, or a dependant, the person making the arrest (or
any of the person’s superiors) must notify the service authorities
of the visiting force of the arrest as soon as practicable after the
arrest.
(2) If a person charged with an offence against the law of New Zealand
appears to the court to be a member of a visiting force, a member
of its civilian component, or a dependant,—
(a) the court must determine the period it considers reasonable
to enable inquiries to be made for the purpose of determining the
status of the person; and
(b) further proceedings in respect of the offence charged
are stayed for that period.
(3) If a person referred to in subsection (2) has been remanded in custody
by order of the court and the Attorney-General directs that the person
be delivered to the custody of the service authorities of the visiting
force, the court must revoke the order and order that the person be
delivered to the custody of those authorities.
Compare: Defence (Visiting Forces) Act 1963 s 12 (Aust)
Proceedings before service tribunal of visiting
force
12 Application
of provisions of Armed Forces Discipline Act 1971
The following provisions of the Armed Forces Discipline Act 1971, with the necessary
modifications, apply in relation to proceedings held in New Zealand
by a service tribunal of a visiting force:
(a) section 150A (protection of military
tribunals and courts of inquiry from civil proceedings):
(b) section 150B (privileges and
immunities of witnesses and of certain other persons appearing before
military tribunals or courts of inquiry):
(c) section 150C (power to summons
witnesses):
(d) sections 150E to 150G (contempt of military
tribunals or courts of inquiry).
Compare: 1939 No 36 s 3(2), 4(5)
Section 12(a): substituted, on 1 July 2009, by section 81 of the Armed
Forces Discipline Amendment Act (No 2) 2007 (2007
No 98).
Section 12(b): substituted, on 1 July 2009, by section 81 of the Armed
Forces Discipline Amendment Act (No 2) 2007 (2007
No 98).
Section 12(c): substituted, on 1 July 2009, by section 81 of the Armed
Forces Discipline Amendment Act (No 2) 2007 (2007
No 98).
Section 12(d): substituted, on 1 July 2009, by section 81 of the Armed
Forces Discipline Amendment Act (No 2) 2007 (2007
No 98).
13 New Zealand
courts not to try offenders for offences already disposed of
Section 21 of the Armed Forces Discipline
Act 1971 (which relates to the principle that a person
is not to be tried under that Act and under the civil law in respect
of the same act or omission) applies in relation to a person who has
been charged with an offence before, or had an offence taken into
consideration by, a service tribunal of the sending State as if the
offence had been dealt with under that Act.
Compare: Defence (Visiting Forces) Act 1963 s 11 (Aust)
Imprisonment
14 Manner
in which sentence of imprisonment or detention may be served
(1) If a member of a visiting force, a member of its civilian component,
or a dependant has been sentenced by a service tribunal of the visiting
force to imprisonment or detention, the sentence may be served in
accordance with Part 9 of the Armed Forces Discipline
Act 1971.
(2) Part 9 of the Armed Forces Discipline
Act 1971 applies for the purposes of this section as if—
(a) the officer in command of the visiting force were a competent
service authority; and
(b) the prisoner were a service prisoner or service detainee
(as the case may require).
Compare: 1939 No 36 s 4(3)
Legal proceedings before New Zealand courts
15 Proceedings
of service tribunals
The following may not be called into question in any proceedings
before a New Zealand court:
(a) the proceedings of a service tribunal of a visiting force:
(b) any sentence passed or order made by the service tribunal:
(c) any investigation carried out by the service authorities
of the visiting force that is relevant to the service tribunal’s
proceedings:
(d) the exercise, by the service authorities, of any power
referred to in section 8(4) that is relevant
to the service tribunal’s proceedings.
Compare: 1939 No 36 s 3(3)–(5); 1971 No 53 s 143
16 Proceedings
relating to conditions of service of member of visiting force or civilian
component
No proceedings in respect of the conditions of service of a member
of a visiting force or a member of its civilian component may be brought
in a New Zealand court.
Compare: 1939 No 36 s 3(4)
Application to visiting forces of laws applying
to Armed Forces of New Zealand
17 Application
of New Zealand laws to visiting forces
(1) If an enactment exempts the Armed Forces of New Zealand from all
or any of its provisions, or modifies or adapts any of its provisions
so far as they apply to the Armed Forces of New Zealand, the exemption,
modification, or adaptation applies in relation to a visiting force,
subject to such adaptations or modifications as may be necessary.
(2) If an enactment penalises misconduct by any person in relation to
the Armed Forces of New Zealand or a member of the Armed Forces of
New Zealand, the enactment applies in relation to a visiting force
or a member of the visiting force with any necessary modifications.
(3) Any person authorised to perform or exercise any function, duty,
or power, in relation to the Armed Forces of New Zealand may perform
or exercise that function, duty, or power in relation to a visiting
force.
(4) Subsection (3) does not limit any privileges or immunities enjoyed
by the sending State under applicable international law.
(5) Without limiting subsections (1) to (4), the Governor-General may,
by Order in Council,—
(a) exempt a visiting force from all or any of the provisions
of any enactment; or
(b) modify or adapt any of the provisions of any enactment
so far as they apply to a visiting force.
(6) An Order in Council made under subsection (5) may be made—
(a) in relation to visiting forces generally; or
(b) for the purpose of implementing any treaty, agreement,
or arrangement between New Zealand and the sending State.
Compare: 1939 No 36 s 4(1), (5),
(6)
Application of New Zealand Bill of Rights
Act 1990
18 Application
of New Zealand Bill of Rights Act 1990 to acts done at request or
on behalf of visiting forces
(1) The New Zealand Bill of Rights Act 1990 applies to acts
done in New Zealand at the request or on behalf of a visiting force
by a person to whom or body to which section 3 of that Act applies.
(2) This section is for the avoidance of doubt.
Death of members of visiting forces
19 Inquiries relating to members of visiting forces
(1) If a death has been reported to a coroner under section 15(2)(a) or section 16(2)(b) of the Coroners Act 2006 and the coroner is satisfied that the person was a
member of a visiting force, a member of its civilian component, or
a dependant, then, unless the Attorney-General otherwise directs,
the following provisions apply:
(a) if the coroner has not opened an inquiry into the death,
he or she must not open an inquiry into the death:
(b) if an inquiry has been opened but is not then completed,
the coroner must adjourn the inquiry.
(2) As soon as practicable after becoming aware of a death to which subsection
(1) applies, the Chief of Defence Force must ensure that the Attorney-General
is notified of the death.
(3) The Attorney-General may direct that a coroner or any other authority
open or proceed with an inquest or other inquiry into a death to which
subsection (1) applies. Without limiting the matters the Attorney-General
may take into account in deciding whether to give such a direction,
the Attorney-General must take into account—
(a) the wishes of the sending State; and
(b) the terms of any applicable agreement.
(4) When a direction referred to in subsection (3) takes effect, the
following apply:
(a) the provisions of the Births, Deaths, Marriages, and Relationships Registration Act 1995, other
than section 42(2)(a) (which requires
the notification of a Registrar before a body is removed from New
Zealand):
(b) the provisions of the Coroners Act 2006, except section 25 (which relates to
viewing, touching, or remaining with or near the body).
(5) The Births, Deaths, Marriages, and Relationships Registration Act 1995 applies
in relation to a death to which subsection (1) applies only to the
extent provided in subsection (4)(a).
(6) If a death has been reported to a coroner under section 15(2)(a) or section 16(2)(b) of the Coroners Act 2006 and the coroner is informed that a member of a visiting
force, a member of its civilian component, or a dependant has been
or may be charged with an offence against the service law of the sending
State relating to the death or its circumstances, then, unless the
Attorney-General otherwise directs, the following provisions apply:
(a) if the coroner has not opened an inquiry into the death,
he or she must not open an inquiry into the death until the criminal
or disciplinary proceedings against the person have been finally concluded:
(b) if an inquiry has been opened
but is not then completed, the coroner must adjourn the inquiry until the criminal or disciplinary proceedings
against the person have been finally concluded.
(7) Subsection (6) does not prevent a coroner from—
(a) taking evidence of the fact that the person has died,
of the person’s identity, and of the place and date of death;
or
(b) providing information to a Registrar for the purpose of
registering the death; or
(c) authorising the release of the body.
Compare: Visiting Forces Act 1952 s 7 (UK); Defence (Visiting Forces)
Act 1963 s 14 (Aust)
Section 19 heading: amended, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(1): amended, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(1)(a): substituted, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(1)(b): substituted, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(4)(a): amended, on 24 January 2009, by section 47 of the Births,
Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 19(4)(b): substituted, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(5): amended, on 24 January 2009, by section 47 of the Births,
Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).
Section 19(6): amended, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(6)(a): substituted, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
Section 19(6)(b): amended, on 1 July 2007, by section 146 of the Coroners
Act 2006 (2006 No 38).
20 Witnesses
at inquest or inquiry
(1) A member of a visiting force, a member of its civilian component,
or a dependant is not a compellable witness for the purposes of an
inquest or inquiry opened or proceeded with in accordance with section 19.
(2) A witness who is summoned to attend before a coroner or some other
authority for the purposes of an inquest or inquiry opened or proceeded
with in accordance with section 19 must not be asked
any question the answer to which may prejudice the security or defence
of New Zealand or the sending State.
(3) The Chief of Defence Force may give a certificate for the purpose
of subsection (2) to the effect that any matter may prejudice the
security or defence of New Zealand or the sending State.
(4) A certificate given under subsection (3) is admissible in any proceedings
in a New Zealand court and is, in the absence of proof to the contrary,
sufficient evidence of the matters stated in the certificate.
Claims
21 Claims
against visiting forces
(1) This section applies to any cause of action that arises in New Zealand
in respect of—
(a) the death of or bodily injury to any person; or
(b) damage to any property.
(2) A person (other than a member of a visiting force, a member of its
civilian component, or a dependant) is entitled to make a claim or
demand against the Crown if—
(a) the person suffers in New Zealand any damage, loss, or
injury by, through, or in connection with the use of any ship, vehicle,
aircraft, or equipment belonging to a visiting force; or
(b) the person has or considers that he or she or it has a
just claim or demand in respect of a cause of action to which this
section applies against a member of a visiting force or a person acting
for or on behalf of a visiting force.
(3) The claim or demand must be one that is not barred by section 317 or section 318 of the Injury Prevention, Rehabilitation,
and Compensation Act 2001.
(4) The claim or demand must be one that the person would have been entitled
to make under the Crown Proceedings Act 1950 against the Crown
if—
(a) the ship, vehicle, or equipment had belonged to the Crown,
or the aircraft had been a service aircraft, or the member or the
person so acting had been a member of the Armed Forces of New Zealand;
and
(b) the Government of the sending State to which the visiting
force belongs had been the Crown.
(5) The Crown has, in relation to the person making the claim or demand,
the same rights and liabilities as the Crown would have had if—
(a) the ship, vehicle, or equipment belonging to the visiting
force had belonged to the Crown or the aircraft belonging to the visiting
force had been a service aircraft; or
(b) the member of the visiting force or the person acting
for or on behalf of the visiting force had been a member of the Armed
Forces of New Zealand.
(6) The determination of a claim or demand under this section must have
regard to any payment which the person has received or is entitled
to receive, whether from the Crown or from any other person or authority,
in satisfaction, wholly or partly, of the claim or demand.
Compare: 1950 No 54 s 10(1)–(5)
Part 3
Miscellaneous provisions
22 Evidence
(1) The Attorney-General may, after making any inquiries he or she thinks
fit, give a certificate as to the status under this Act of—
(a) any force, person, or property; or
(b) any matter or thing for the purposes of any of sections 13, 15, 16, or 21.
(2) A certificate given under subsection (1) is admissible in any proceedings
in a New Zealand court and is, in the absence of proof to the contrary,
sufficient evidence of the matters stated in the certificate.
Compare: Defence (Visiting Forces) Act 1963 s 27 (Aust)
23 Regulations
The Governor-General may, by Order in Council, make regulations providing
for any matters contemplated by this Act, necessary for its administration,
or necessary for giving it full effect.
Compare: 1939 No 36 s 10
24 Act not
in force in Tokelau
This Act is not in force in Tokelau.
Compare: 1939 No 36 s 7
25 Repeals
and revocations
(1) The Visiting Forces Act 1939 is repealed.
(2) The orders and regulations specified in Schedule 1 are revoked.
26 Consequential
amendments
The Acts specified in Schedule 2 are amended in the
manner set out in that schedule.
27 Saving
relating to existing status of forces agreements
(1) This section applies to every status of forces agreement between
New Zealand and the sending State of a visiting force that had effect
immediately before the commencement of this section.
(2) Every status of forces agreement to which this section applies is
an applicable agreement under this Act.
Schedule 1
Revocations
s 25(2)
Armed Forces
Equivalent Ranks Order 1983 (SR 1983/233)
Visiting Forces
(Australian Naval Forces) Order 1978 (SR 1978/164)
Visiting Forces
(Commonwealth Deserters and Absentees) Order 1983 (SR 1983/8)
Visiting Forces
(Fiji Military Forces) Order 1960 (SR 1960/77)
Visiting Forces
(New Zealand with Australia and United Kingdom) Order 1979 (SR 1979/285)
Visiting Forces
Order 1980 (SR 1980/20)
Visiting Forces
(Penal Arrangements) Order 1963 (SR 1963/61)
Visiting Forces
(Relative Ranks) Regulations 1985 (SR 1985/342)
Visiting Forces
(Tongan Forces) Order 1983 (SR 1983/7)
Schedule 2
Consequential amendments to other Acts
s 26
Armed Forces
Discipline Act 1971 (1971 No 53)
Amendment(s) incorporated in
the Act(s).
Arms Act 1983
(1983 No 44)
Amendment(s) incorporated in
the Act(s).
Births, Deaths,
and Marriages Registration Act 1995 (1995 No 16)
Amendment(s) incorporated in
the Act(s).
Coroners Act
1988 (1988 No 111)
Amendment(s) incorporated in
the Act(s).
Crown Proceedings
Act 1950 (1950 No 54)
Amendment(s) incorporated in
the Act(s).
Defence Act 1990
(1990 No 28)
Amendment(s) incorporated in
the Act(s).
Extradition Act
1999 (1999 No 55)
Amendment(s) incorporated in
the Act(s).
Immigration Act
1987 (1987 No 74)
Amendment(s) incorporated in
the Act(s).
Contents
1General
2Status
of reprints
3How
reprints are prepared
4Changes
made under section 17C of the Acts and Regulations Publication Act
1989
5List
of amendments incorporated in this reprint (most recent first)
Notes
1 General
This is a reprint of the Visiting Forces Act 2004. The
reprint incorporates all the amendments to the Act as at 1 July
2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have
yet to come into force or that contain relevant transitional or savings
provisions are also included, after the principal enactment, in chronological
order.
2 Status of reprints
Under section 16D of the Acts and Regulations
Publication Act 1989, reprints are presumed to correctly
state, as at the date of the reprint, the law enacted by the principal
enactment and by the amendments to that enactment. This presumption
applies even though editorial changes authorised by section 17C of the Acts and Regulations
Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official
volumes of statutes or statutory regulations in which the principal
enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the
preparation of reprints. For example, the enacting words are not included
in Acts, and provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml
or Part 8 of the Tables of Acts and Ordinances
and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations
Publication Act 1989
Section 17C of the Acts and Regulations
Publication Act 1989 authorises the making of editorial
changes in a reprint as set out in sections 17D and 17E of that Act so that,
to the extent permitted, the format and style of the reprinted enactment
is consistent with current legislative drafting practice. Changes
that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January
2000. Changes to legislative drafting style have also been made since
1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations
Publication Act 1989, all legislation reprinted after 1 January
2000 is in the new format for legislation and reflects current drafting
practice at the time of the reprint.
In outline, the editorial changes made in reprints under
the authority of section 17C of the Acts and Regulations
Publication Act 1989 are set out below, and they have been
applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section” and “of this Act”)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear
above the section)
•format of definitions (eg, the defined term now appears in bold type,
without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
•position of the date of assent (it now appears on the front page
of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals,
and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared
with an initial capital letter followed by small capital letters are
amended so that the heading appears in bold, with only the first word
(and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now
capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule),
and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules
of repeals (eg, they are rearranged into alphabetical order, rather
than chronological).
5 List of amendments incorporated in this reprint (most recent first)
Births, Deaths, Marriages,
and Relationships Registration Amendment Act 2008 (2008 No 48): section 47
Armed Forces Discipline
Amendment Act (No 2) 2007 (2007 No 98): section 81
Coroners Act 2006 (2006
No 38): section 146
