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1 July 2001 to coincide with the new financial year of the Hague Conference on Private International Law
The HCPIL is a dynamic and highly reputable grouping of states whose members have produced 34 treaties in a little over 50 years, forging new international law of considerable significance for this country notably in areas of social and economic policy and justice. (New Zealand has become party to three of those treaties as listed in the Annex.) Membership of the Conference now extends well beyond Western countries, and there are 48 states overall which are members.
New Zealand’s continued participation in the work of the Conference is dependent on our accepting its Statute. In the past, New Zealand's non-membership of the Hague Conference did not prevent us from participating in its work, and New Zealand judges and lawyers were able to make valuable contributions in that regard. Unfortunately, this appears now to have changed and New Zealand has been requested to apply for membership, given that Member States had so far supported the extra costs of the operation of the Conference which resulted from the participation of non-Members.
The HCPIL is an inter-governmental body formed with the objective of developing new treaties on pressing private international legal issues such as adoption, child abduction, recovery of maintenance abroad, recognition and enforcement of foreign judgments in civil and commercial matters, and e-commerce. Joining the HCPIL will recognise the increasingly global environment in which this country operates. As the number of New Zealanders travelling and living abroad increases, and conversely, as foreigners travel to New Zealand and work here, cross-border civil and family law issues also become increasingly common. Joining the Hague Conference will also be consistent with the Government’s efforts to strengthen the rule of law through adherence to multilateral conventions of this kind. To not join at this stage would limit our ability to effectively negotiate those new treaties outlined above.
There are no disadvantages from New Zealand joining the HCPIL. While there will be some costs which will be attached to accepting membership, these are not expected to be substantial (see “Costs” below).
There are three obligations entailed in accepting the Statute of the Conference:
Not joining the Conference will close off an invaluable informal opportunity New Zealand has enjoyed until now to participate in the development of important areas of private international law particularly in social and economic fields. Participating formally in the future work of the HCPIL will ensure that New Zealand has the opportunity at the outset to influence the development of new private international law in a manner that meets this country’s needs as one of a small number of “common law” jurisdictions, rather than be boxed in by law developed in our absence.
Apart from a one-off payment of NZ$3,000, an annual subscription of $34,000 (See under Obligations above). If membership is approved, the financial contributions will be shared among government departments whose work is tied in closely to the Hague Conference and its treaties.
There is little likelihood of further Protocols. Membership of the Conference will ensure that New Zealand has an opportunity to influence the shape of any Protocol.
No legislation is required. Acceptance of the Statute of the Conference by New Zealand will enable the Netherlands to propose New Zealand’s admission to this organisation.
Consultation has been undertaken among the Government Departments most concerned (Justice, Child, Youth and Family Services, Courts, Social Policy, Economic Development), and with the Law Commission, Reserve Bank and the New Zealand Law Society, all of which support this proposal.
Parties are entitled to denounce the Statute by giving six months’ notice prior to the expiration of the financial year of the Conference. The Statute would then cease to have effect for that party at the end of that financial year.
Hague Conventions Produced by the HCPIL to which New Zealand is Party:
