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Accession by New Zealand to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005)On 5 October 2007, New Zealand deposited with the Director-General its instrument of accession to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The instrument contained the following declaration:
“AND DECLARES that, consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory;
AND DECLARES that it considers that the obligation in Article 16 on developed countries to “facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatments to artists and other cultural professionals and practitioners as well as cultural goods and services from developing countries” is not intended to affect the content or interpretation of domestic legislation, or rules or criteria relating to eligibility for immigration visas or permits, or the exercise of discretion under legislation, or in respect of rules or criteria, but is intended to reflect the way in which the entry of those eligible for visas or permits may be facilitated, such as through special procedures for processing applications;
AND DECLARES that it considers the clear legal effect of Article 20 is to ensure the provisions of the Convention do not modify in any way the rights and obligations of the Parties under other treaties to which they are also parties;” [Original : English]
In accordance with the terms of its Article 29, the aforementioned Convention will enter into force with respect to New Zealand three months after the date of the deposit of its instrument, that is to say on 5 January 2008.
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