Terrorism Suppression Act 2002

  • not the latest version
  • This version was replaced on 2 May 2017 to make corrections to Schedules 2A and 2B under section 25(1)(j)(i) and (ii) of the Legislation Act 2012.
4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

act against a specified terrorism convention means an act—

(a)

that constitutes an offence as defined in a specified terrorism convention; and

(b)

that is not excluded from the application of the specified terrorism convention (for example, because an international aspect required by 1 or more of its provisions does not exist)

Al-Qaida means the Al-Qaida organisation

Al-Qaida and the Taliban Sanctions Resolutions means Resolution 1267 (1999) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 15 October 1999 and its successor resolutions, including Resolution 1333 (2000) of 19 December 2000 and Resolution 1390 (2002) of 16 January 2002

Al-Qaida entity, for a measure that is set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions, and that is provided for in this Act, means Al-Qaida, or an entity that is not Al-Qaida but is designated, by or under those resolutions, as an entity that is—

(a)

associated with Usama bin Laden; and

(b)

an entity to which that measure is to be applied

Anti-terrorism Resolution means Resolution 1373 (2001) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 28 September 2001, a copy of which is set out in Schedule 4

Bombings Convention means the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations at New York on 15 December 1997, a copy of the English text of which is set out in Schedule 1

carried out, in relation to a terrorist act, has the meaning given to it in section 25(1)

classified security information has the meaning given to it in section 32(1)

country includes any State, territory, province, or other part of a country

deal with, in relation to any property,—

(a)

means to use or deal with the property, in any way and by any means (for example, to acquire possession of, or a legal or an equitable interest in, transfer, pay for, sell, assign, or dispose of (including by way of gift) the property); and

(b)

includes allowing the property to be used or dealt with, or facilitating the use of it or dealing with it

designated terrorist entity means an entity—

(a)

for the time being designated under section 20 or 22 as a terrorist entity or associated entity; or

(b)

that is a United Nations listed terrorist entity

duly authorised military device means an explosive article, including, but not restricted to, a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, and perforator, manufactured exclusively for lawful military or Police purposes and approved for those purposes by the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

entity means a person, group, trust, partnership, or fund, or an unincorporated association or organisation

explosive or other lethal device means—

(a)

an explosive or incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage; or

(b)

a weapon or device that is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage through the release, dissemination, or impact of—

(i)

toxic chemicals, biological agents or toxins or similar substances; or

(ii)

radiation or radioactive material

facility and financial institution have the meanings referred to in section 44(5)

Financing Convention means the International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations at New York on 9 December 1999, a copy of the English text of which is set out in Schedule 2

financing of terrorism

(a)

means an offence against section 8(1) or (2A); but

(b)

despite paragraph (a), in sections 18, 68, and 69, means an offence of that kind involving a terrorist act of a kind referred to in section 5(1)(b) or (c)

funds

(a)

means assets of every kind, whether tangible or intangible, moveable or immoveable, however acquired; and

(b)

includes legal documents or instruments (for example, bank credits, travellers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, and letters of credit) in any form (for example, in electronic or digital form) evidencing title to, or an interest in, assets of any kind

infrastructure facility means a facility (whether publicly or privately owned) providing or distributing basic services for a population (for example, water, sewage disposal, energy, fuel, or communications)

intelligence and security agency means—

(a)

the New Zealand Security Intelligence Service:

(b)

the Government Communications Security Bureau:

(c)

any other agency declared by the Governor-General from time to time by Order in Council as an intelligence and security agency for the purposes of the Inspector-General of Intelligence and Security Act 1996

international organisation means any organisation of States or Governments of States, or any organ or agency of any organisation of that kind

make available has the meaning given to it in section 10(6)

manufacture means any process, including reprocessing, that produces plastic explosives

nuclear facility means—

(a)

a nuclear reactor, including a reactor installed in or on any vessel, vehicle, aircraft, or space object for use as an energy source in order to propel the vessel, vehicle, aircraft, or space object or for any other purpose; or

(b)

a plant or conveyance—

(i)

being used for the production, storage, processing, or transport of radioactive material; or

(ii)

in which radioactive material is being used, handled, or disposed of in circumstances where damage to or interference with the operation of the plant or conveyance could lead to the release of significant amounts of radiation or radioactive substances

nuclear material has the same meaning as in Article 1(a) of the Nuclear Material Convention

Nuclear Material Convention means the Convention on the Physical Protection of Nuclear Material, done at New York and Vienna on 3 March 1980, a copy of the English text of which is set out in Schedule 2A

nuclear material offence means an offence against section 13C

Nuclear Terrorism Convention means the Convention for the Suppression of Acts of Nuclear Terrorism, adopted by the General Assembly of the United Nations in New York on 13 April 2005, a copy of the English text of which is set out in Schedule 2C

nuclear terrorism offence means an offence against section 13E

Official Assignee means the Official Assignee of New Zealand

ordinarily resident in New Zealand has the meaning given to it in subsection (2)

place of public use

(a)

means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public (whether continuously, periodically, or occasionally, and whether for free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from the place); and

(b)

includes any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public

plastic explosives means explosive products, including explosives in flexible or elastic sheet form, formulated with 1 or more high explosives that, in their pure form, have a vapour pressure less than 10-4 Pa at a temperature of 25°C; and are formulated with a binder material and are, as a mixture, malleable or flexible at room temperature

Plastic Explosives Convention means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991, a copy of the English text of which is set out in Schedule 2B

privileged communication has the meaning given to it in section 45

property

(a)

means real or personal property of any description, whether situated in New Zealand or elsewhere and whether tangible or intangible; and

(b)

includes an interest in any real or personal property of that kind

public transportation system means all conveyances (for example, aircraft, trains, ships, ferries, trucks, buses, or taxis), facilities, buildings, and objects (whether publicly or privately owned) used in or for services that are available to the public for the transportation of persons or cargo

radioactive device means—

(a)

a nuclear weapon or other nuclear explosive device; or

(b)

a radioactive material dispersal device; or

(c)

a radiation-emitting device

radioactive material has the meaning given in Article 1 of the Nuclear Terrorism Convention

relevant date has the meaning given to it in section 69(4)

relevant place, facility, or system has the meaning given to it in section 7(2)

relevant State has the meaning given to it in section 66(3)

relevant States Parties has the meaning given to it in section 63(2)

Resolution 1267 means Resolution 1267 (1999) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 15 October 1999, a copy of the English text of which is set out in Schedule 4A

Resolution 1333 means Resolution 1333 (2000) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 19 December 2000, a copy of the English text of which is set out in Schedule 4B

Resolution 1390 means Resolution 1390 (2002) of the Security Council of the United Nations, adopted under Chapter VII of the United Nations Charter on 16 January 2002, a copy of the English text of which is set out in Schedule 4C

specified agency means—

(a)

an intelligence and security agency; or

(b)

the New Zealand Police

specified terrorism convention means any treaty specified in Schedule 3

State or government facility means any conveyance (for example, an aircraft, train, ship, ferry, truck, bus, taxi, or car) or facility (whether permanent or temporary) used or occupied by any of the following persons in connection with their official duties:

(a)

representatives of a State:

(b)

members of the executive, legislative, or judicial branch of the Government of a State:

(c)

employees or officials of a State, or of any other public authority or entity:

(d)

employees or officials of an intergovernmental organisation

suspicious property report means a report under section 43 and that (except as provided in section 44(2)) contains the details specified in Schedule 5

suspicious transaction report has the meaning referred to in section 44(5)

Taliban means the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan

Taliban entity, for a measure that is set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions, and that is provided for in this Act, means an entity that—

(a)

is not Usama bin Laden, an Al-Qaida entity, or the Taliban; but

(b)

is designated, by or under those resolutions, as an entity to which that measure is to be applied

terrorist act is defined in section 5(1)

terrorist act in armed conflict means an act—

(a)

that occurs in a situation of armed conflict; and

(b)

the purpose of which, by its nature or context, is to intimidate a population, or to compel a government or an international organisation to do or abstain from doing any act; and

(c)

that is intended to cause death or serious bodily injury to a civilian or other person not taking an active part in the hostilities in that situation; and

(d)

that is not excluded from the application of the Financing Convention by article 3 of that Convention

terrorist bombing means an offence against section 7(1)

transaction has the meaning referred to in section 44(5)

United Nations listed terrorist entity means an entity that is—

(a)

Usama bin Laden; or

(b)

an Al-Qaida entity; or

(c)

the Taliban; or

(d)

a Taliban entity

unmarked, in relation to a plastic explosive, means that has not had introduced into it at manufacture, in accordance with the technical annex to the Plastic Explosives Convention, a detection agent listed in Part 2 of that annex.

(2)

For the purposes of this Act, a person must be treated as being ordinarily resident in New Zealand if—

(a)

the person’s home is in New Zealand; or

(b)

the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or

(c)

having resided in New Zealand with the intention of establishing his or her home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but has an intention to return to establish his or her home in New Zealand or to reside in New Zealand indefinitely.

(3)

Terms and expressions used and not defined in this Act but defined in the Nuclear Material Convention, the Plastic Explosives Convention, or the Technical Annex to the Plastic Explosives Convention have the same meaning as in those Conventions and Annex, unless the context otherwise requires.

Section 4(1) Al-Qaida: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Al-Qaida and the Taliban Sanctions Resolutions: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Al-Qaida entity: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) deal with: substituted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) designated terrorist entity: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) duly authorised military device: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) duly authorised military device: amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).

Section 4(1) financing of terrorism paragraph (a): amended, on 22 June 2005, by section 3 of the Terrorism Suppression Amendment Act 2005 (2005 No 83).

Section 4(1) manufacture: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) nuclear facility: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) nuclear material: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) Nuclear Material Convention: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) nuclear material offence: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) Nuclear Terrorism Convention: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) nuclear terrorism offence: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) plastic explosives: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) Plastic Explosives Convention: inserted, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(1) radioactive device: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) radioactive material: replaced, on 8 March 2016, by section 98(2) of the Radiation Safety Act 2016 (2016 No 6).

Section 4(1) Resolution 1267: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Resolution 1333: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Resolution 1390: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Taliban: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) Taliban entity: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) United Nations listed terrorist entity: inserted, on 20 November 2007, by section 5 of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 4(1) unmarked: added, on 18 January 2004, by section 4(1) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

Section 4(3): added, on 18 January 2004, by section 4(2) of the Terrorism Suppression Amendment Act 2003 (2003 No 106).