Protected Objects Act

New Zealand Historic Places Trust Information release
8 September 2006

New legislation will have a major impact on New Zealand's unique and significant movable cultural heritage - and it's also expected to help with the return of protected objects illegally exported from the country.

The Protected Objects Amendment Bill, which was passed by parliament last month (August), will make significant changes to the Antiquities Act 1975 when it comes into law on 1 November, 2006.

The Antiquities Act will be renamed the Protected Objects Act 1975 and the definitions for "antiquities" will be replaced with nine categories of "protected New Zealand objects." This includes replacing the definition of Maori "artifact" with "taonga tuturu."

The new legislation seeks to preserve the delicate balance between the national interest and private property rights established under the Antiquities Act and will provide for the better protection of certain objects by:

• Regulating the export of protected New Zealand objects;
  
  
• Allowing for the return of protected New Zealand objects unlawfully exported from New Zealand under the Protected Objects Act;
• 
  Allowing for the return of protected foreign objects unlawfully imported to New Zealand;
  
  
• Establishing and recording the ownership of taonga tuturu
  
  
• Controlling the sale of taonga tuturu within New Zealand
  
  
• Enabling New Zealand's participation in two international conventions that deal with the illegal trade in cultural treasures, namely the:

1970 UNESCO Convention on the means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects

Also, penalties for breaching the act will be more realistic and in line with comparable legislation, such as the Trade in Endangered Species Act, which has a similar purpose in terms of restricting the illicit trade in endangered wildlife.

Under the Antiquities Act, someone convicted of illegally exporting an antiquity was liable for a fine not exceeding $1000. The low penalties provided little sanction for non-compliance with the Act. Under the Protected Objects Act, that person would be liable for a fine not exceeding $100,000 or a term of imprisonment not exceeding 5 years.

Under the Antiquities Act, someone convicted for not notifying the Ministry upon finding an artifact was liable for a fine not exceeding $500. Under the amendments, that person would be liable for a fine not exceeding $10,000 for each taonga tuturu.

Frequently asked questions

Why the change?

The Protected Objects Act is the result of a long review of the Antiquities Act and will make many improvements on its operation.

Penalties for all offences will be significantly increased. For the illegal export of a protected object - up to five years' imprisonment or a fine of up to a maximum of $100,000 for individuals and $200,000 for bodies corporate.

What will the change mean for Maori taonga?

The amended Act improves the process for transferring ownership of newly found Maori cultural objects, or nga taonga tuuturu, from the Crown to individuals and groups.

The process of claiming ownership through the Maori Land Court will be simplified by allowing the Chief Executive of the Ministry of Culture and Heritage to apply for an Order from the Registrar, on behalf of a claimant. Previously, claimants had to go through a court case to get a determination.

The processes for trading privately owned taonga and becoming a registered collector will not change.

What will the change mean for exporters?

Exporters of New Zealand's movable cultural heritage will notice a couple of changes. The most important change to note is that export permission will be required for objects over 50 years old. Under the Antiquities Act, objects had to be over 60 years old.

For further information on the Protected Objects Act refer to the Ministry of Culture and Heritage website.