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New Zealand

Contracting State since
2007.02.01
Lastly updated
2022.08.02

Contact for consular services

German Embassy
Bilateral relations and German missions
homepage: https://www.auswaertiges-amt.de/en/aussenpolitik/laenderinformationen

National legal bases

In New Zealand, the export of cultural property is regulated by the Protected Objects Act 1975 ("the Act").
Customs Export Prohibition Order 2014

The multilingual UNESCO Database of National Cultural Heritage Laws provides access to the relevant national legal bases. Another source of information on national cultural asset protection laws is the Sharing Electronic Resources and Laws On Crime (SHERLOC) of the United Nations Office on Drugs and Crime (UNODC).

This State Party to the UNESCO Convention of 14 November 1970 is also a State Party to the 1995 UNIDROIT Convention on Stolen or Illegaly Exported Cultural Objects, which entered into force on 1 July 1998. The national legal bases are therefore also partially provided by the WIPO database.

Definition of cultural property

Under the Protected Objects Act 1975, a protected New Zealand object is defined as an object forming part of the movable cultural heritage of New Zealand that

a) is of importance to New Zealand, or to a part of New Zealand, for aesthetic, archaeological, architectural, artistic, cultural, historical, literary, scientific, social, spiritual, technological, or traditional reasons; and
b) falls within 1 or more of the categories of protected objects set out in Schedule 4

Schedule 4 of the Act establishes nine categories of 'protected New Zealand objects', as follows:


1. Archaeological, ethnographic, and historical objects of non-New Zealand origin, relating to New Zealand
2. Art objects including fine, decorative, and popular art
3. Documentary heritage objects
4. Ngä taonga tüturu [Maori cultural objects]
5. Natural science objects
6. New Zealand archaeological objects
7. Numismatic and philatelic objects
8. Science, technology, industry, economy, and transport objects
9. Social history objects

Each category has specific criteria for inclusion, and a detailed description of the categories is available in Schedule Four of the Protected Objects Act 1975.

New Zealand further regulates the export of a range of other types of goods including agricultural products, chemicals or hazardous goods, and firearms and weapons. The export of pounamu (greenstone/jade) in its natural state in consignments exceeding 5 kilograms is also regulated under Customs Export Prohibition Order 2014 (as unworked pounamu in its natural state is not generally considered as a protected New Zealand object for the purposes of the Protected Objects Act). That restriction is managed by the Ministry for Business, Trade, Innovation and Employment. A full list of prohibited and restricted exports from New Zealand is available from the New Zealand Customs Service.

In addition to regulating the export of all protected New Zealand objects, the Act regulates the domestic ownership and trade of ngä taonga tüturu [Maori cultural objects].

Taonga tüturu is the only category ofprotected objects to have separate regulations regarding ownership and trade. Under section 11 of the Act, all taonga tüturu found in New Zealand after the commencement of the Act on 1 April 1976 are prima facie the property of the Crown until the Maori Land Court makes a determination regarding ownership.

Licenced dealers and auctioneers can only trade in taonga tüturu which are in private ownership and have been registered. A certificate of examination (Y-Registration form) from an authorised museum must be obtainedfor the taonga tüturu before it is sold. A privately owned taonga tüturu can only be disposed of or otherwise transferred to a registered collector, a public museum or a licenced dealer or auctioneer. The only exception to this is where the taonga tüturu is given as part of a will or estate.

Export ban

A person may not export, or attempt to export, a protected New Zealand object (as defined by the Act) unless that person has applied for and received a certificate of permission from the Chief Executive of the Ministry for Culture and Heritage to export that object; and the export complies with any terms and conditions imposed by that authorisation.


The Act requires the Chief Executive to maintain a register of objects, or categories of objects, ofnational significance (section 7F of the Act). The register must include, but is not limited to, any protected New Zealand object in respect of which the chief executive has refused to grant an application for permission to export. A registered object may not be permanently exported from New Zealand.
There is currently no category or class of object on the register and subject to a general export ban. There are currently 20 individual objects listed on the register. The register is not available for public inspection.

Sanctions

The Act contains specific sanctions for infringements, a summary of each offence under the Act, and its penalty are set out below:
Offences relating to export

Authorities responsible for issuing export permits

Heritage Services Branch
Ministry for Culture and Heritage
postbox PO Box 5364
6145 New Zealand
Contact
Phone: (0064 4) 499-4229
Fax: (0064 4) 499-4490
E-Mail: protected-objects@mch.govt.nz

Procedure

Duration
We advise applicants that that it can take between 2 to 10 weeks before the Chief Executive comes to a decision on the export of an object.
Costs
none

Forms

A sample Certificate of Temporary Export, sample Certificate of Permanent Export, and sample Certificate of Clearance (to designate cultural objects confirmed as not requiring permission to be exported) are attached.

Further Information

The Ministry for Culture and Heritage publishes information regarding the export of protected New Zealand Objects on its homepage.

Email: protected-objects@mch.govt.nz Phone: (0064 4} 499-4229 Fax: (0064 4) 499-4490

The New Zealand Customs Service publishes Fact Sheet 4, outlining the export prohibitions and restrictions the New Zealand Customs Service enforces at the border including those related to protected New Zealand objects; and Fact Sheet 10, outlining the export prohibitions and restrictions that are covered by alerts on CusMod — the New Zealand Customs Service's computerised entry processing system. These are available online (see here).

The Ministry for Culture and Heritage is always happy to assist tourists and traders in ensuring they meet their obligations under the Protected Objects Act. As above, the Ministry's Heritage Operations team is contactable at:
Heritage Operations,
Heritage Services Branch
Ministry for Culture and Heritage, PO Box 5364,
Wellington 6145
New Zealand

Further Information is available in German language.

Disclaimer:
The above information is based on the information available and deemed trustworthy at the time indicated, in particular the information provided by the State and the information as available in the UNESCO database . No guarantee can be given for the correctness and completeness of this information, nor can any liability be accepted for any damage that may occur. Legal regulations may change at any time without the Minister of State for Culture and the Media being informed. The decision to acquire, import, export or place cultural property on the market is your sole responsibility. It is therefore recommended that you contact the relevant diplomatic or consular representation and/or the export authorities of the respective foreign country.