Explanatory note
This Bill gives better effect to the domestic and international protection of human rights by providing for a comprehensive sporting boycott of Zimbabwe. It cuts all ties between official New Zealand and Zimbabwe sporting teams, making it illegal for New Zealand sporting sides to travel to Zimbabwe and requiring the Immigration Minister to refuse visas for any sports players representing Zimbabwe seeking entry to New Zealand.
Zimbabwe Sporting Sanction Bill
The Parliament of New Zealand enacts as follows:
1. Title
This Act is the Zimbabwe Sporting Sanction Act 2005
2. Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3. Purpose
The purpose of this Act is to give better effect to New Zealand's domestic and international commitments and obligations to the protection of human rights, and to recognise the human rights and humanitarian crisis in Zimbabwe that has already seen the country suspended from the Commonwealth, and to provide for reasonable and proportionate measures by which New Zealand can prevent any propaganda or financial benefit to the Zimbabwe government through that government's claim to continue international contacts, including sporting contacts, and for these reasons, to give effect to a comprehensive sporting boycott of Zimbabwe by New Zealand sporting teams.
4. Interpretation
In this Act,
1. "National Sporting Organisation of New Zealand" means any organisations recognised by Sports and Recreation New Zealand (a crown agent under Schedule 1 of the Crown Entities Act 2004) as a National Sporting Organisation.
2. "National sporting teams" means any teams representing organisations recognised by Sports and Recreation New Zealand (a crown agent under Schedule 1 of the Crown Entities Act 2004) as a National Sporting Organisation of New Zealand.
3. "Sporting tours of Zimbabwe" means the travelling of any New Zealand national sporting team to Zimbabwe for the purpose of playing sport as part of an official tour.
4. "Zimbabwe national sporting teams" means any sporting team that represents Zimbabwe.
5. "Sport and Recreation New Zealand" means the crown agent established by the Sport and Recreation New Zealand Act 2002.
5. Prohibition of sporting tours of Zimbabwe
(1) For the duration of this act, it shall be an offence for any National Sporting Organisation of New Zealand to undertake a sporting tour of Zimbabwe.
(2) Any National Sporting Organisation shall upon conviction of an offence under this section be liable for a fine not exceeding NZ$50,000.
(3) Where any National Sporting Organisation has been convicted of an offence under this section, the following additional sanctions must apply to that organisation:
a. The Sports Minister must direct Sports and Recreation New Zealand, as envisaged in s 103(1) of the Crown Entities Act 2003 and section 8(a) of the Sport and Recreation New Zealand Act 2002, to revoke recognition as a National Sporting Organisation of the organisation that this sporting team represents.
b. The Sports Minister must direct Sports and Recreation New Zealand, under s 103(1) of the Crown Entities Act 2003, to withdraw all public funding to the applicable National Sporting Organisation from the period when the unlawful tour took place, and for the financial year immediately following.
6. Communication with sporting organisations
Sport and Recreation New Zealand must inform all organisations that it recognises as National Sporting Organisations that:
(1) All sporting tours of Zimbabwe are illegal under New Zealand law.
(2) Any sporting organisations that undertake sporting tours of Zimbabwe will cease being recognised as National Sporting Organisations by Sport and Recreation New Zealand and by the New Zealand Government.
7. Visiting Zimbabwe sporting teams
Where members of Zimbabwe national sporting teams apply for entry visas into New Zealand for the purposes of playing sport, the Immigration Minister must deny all such applications, under Section 10(b)(i) of the Immigration Act 1987.
8. Consequential amendment to Sport and Recreation Act 2002
Section 10 of the Sport and Recreation Act 2002 is suspended for the duration of this Act.
9. Relationship to the New Zealand Bill of Rights Act 1990
Nothing in this Act affects an individual's rights under the Bill of Rights Act 1990.
10. Expiry of this Act
(1) The Minister of Foreign Affairs may table a notice of motion in the House of Representatives to the effect that the human rights situation in Zimbabwe has sufficiently improved to better comply with international standards and that the sports boycott should be lifted.
(2) The Act will expire at the end of the twenty-first sitting day after the giving in the House of Representatives of this notice of a motion so long as,
(a) The notice has not been withdrawn; and
(b) The House has not voted against the motion.
