Protected Objects Act — Overview
Introduction
The Protected Objects Act 1975 is administered by the Ministry for Culture and Heritage and regulates:
- the export of protected New Zealand objects;
- the illegal export and import of protected New Zealand and foreign objects; and
- the sale, trade and ownership of taonga tūturu.
The Act also incorporates the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.
A copy of the Act can be found at www.legislation.govt.nz.
Protected New Zealand Objects
Under the Act, there are 9 categories of protected New Zealand objects. Simply, they are:
Archaeological, ethnographic, and historical objects of non-New Zealand origin, relating to New Zealand
- Foreign archaeological and historical objects which had been held in a New Zealand public collection 50+ years ago
Art objects including fine, decorative, and popular art
- 50+ year old artworks (including craft) related to New Zealand and not owned by the artist/maker
Documentary heritage objects
- New Zealand Public Records
- 50+ year old paper, film and digital objects related to New Zealand and not owned by the creator
Nga taonga tūturu
- 50+ year old objects related to Maori culture and society
Natural science objects
- Type specimens and specimens used for defining species
- Extant or extinct specimens of New Zealand animals and plants
- New Zealand fossils, fluids, rocks and minerals not intended for industrial use
New Zealand Archaeological objects
- Materials removed from a New Zealand archaeological site
Numismatic and philatelic objects
- Medals, coins and notes, stamps – types listed in the Act
Science, technology, industry, economy, and transport objects
- 50+ year old mechanical objects and parts, and associated documentation related to New Zealand
Social history objects
- 50+ year old objects with a significant link to a New Zealand person, place, organisation, community or event
Protected New Zealand objects can include: book art; ceramics and glass; costumes and textiles; furniture; arms and armour; art works; books; maps; photographs and negatives; music scores; film; kō wakahuia; adze; meteorites; type specimens; moa bones; the Resolution and Adventure Medal, 1772; the Pattern Waitangi Crown; issued 50- and 100-pound New Zealand bank notes produced before 1933; the New Zealand Cross; vessels; traction engines, plans of machines; vehicles; aircraft; muskets; personal histories; etc.
A detailed description of the categories can be found in Schedule Four of the Protected Objects Act.
Please contact the Ministry if you are unsure if the object you have is regulated by the Protected Objects Act. page top
Antiquities Act 1975
On 1 November 2006, the Protected Objects Act came into force and supersedes the Antiquities Act 1975.
The Protected Objects Act is not a new Act but amends the Antiquities Act. The name of the Act had to change with the amendments as the definitions of 'antiquities' were replaced with categories of 'protected objects'. Many of the principles and regulations of the Antiquities Act remain in the Protected Objects Act.
UNESCO and UNIDROIT Conventions
On 1 May 2007, New Zealand's accession to the UNESCO and UNIDROIT Conventions came into force. The Conventions and Protected Objects Act will increase international protection for New Zealand heritage objects.
The new provisions allow New Zealand to recover protected objects that have been illegally exported from the country after the signing of the Conventions. They also allow fellow signatory countries to recover their protected objects which have been illegally exported to New Zealand.
UNESCO recommends that States become party to both conventions as they serve somewhat different but complementary purposes. The UNESCO Convention establishes a framework of principles for international co-operation and this is supplemented by the UNIDROIT Convention which provides for specific legal actions to be taken for the recovery of stolen or illegally exported objects.
Newsletters
You can subscribe to the Protected Objects Newsletter here. Newsletters are published bi-monthly. See current and previous issues.