New Zealand Legislation: Regulations

3 Conflict diamonds trade-ban measures, etc, defined

• In these regulations, unless the context otherwise requires,—

  authorised person means an officer or employee of the Ministry of Foreign Affairs and Trade authorised in writing by the Minister for the purposes of regulation 5(1) to (5)

  conflict diamonds trade-ban measures means any of the following measures that the Security Council of the United Nations has, under Article 41 of the Charter of the United Nations, called upon the Government of New Zealand and all other member States of the United Nations to apply:

  • (a) the measures (to prohibit the direct or indirect import of all rough diamonds from Côte d’Ivoire) set out in paragraph 6 of resolution 1643 (2005) of that Council, adopted pursuant to that Charter on 15 December 2005; and

  • (b) [Revoked]

  • (c) other similar measures (to prevent illicit trade in rough diamonds that fuels armed conflicts that affect international peace and security) also to give effect to decisions of that Council, being measures and decisions set out in 1 or more paragraphs of other resolutions of that Council adopted pursuant to that Charter either before or after the commencement of these regulations

  country includes an international organisation or a State, territory, province, or other part of a country

  Customs or the Customs and Customs officer have the same meaning as in section 2(1) of the Customs and Excise Act 1996

  Interlaken Declaration means the Interlaken Declaration of 5 November 2002 on the Kimberley Process Certification Scheme for Rough Diamonds

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

  Kimberley Process means the international certification arrangement for rough diamonds adopted under the Interlaken Declaration

  Kimberley Process Certificate means a certificate that meets the minimum requirements for certificates set out in the Schedule (which are the requirements specified in Part A of Annex 1 of the document (which accompanied the Interlaken Declaration) called the Kimberley Process Certification Scheme)

  Minister means the Minister of Foreign Affairs and Trade

  New Zealand includes Tokelau

  original certificate means,—

  • (a) for rough diamonds that are, or are to be, imported, the certificate referred to in regulation 4(1)(b); and

  • (b) for rough diamonds that are, or are to be, exported, the certificate referred to in regulation 5(2)

  participant means a country that is a participant in the Kimberley Process

  rough diamonds means diamonds that are—

  • (a) unworked or simply sawn, cleaved or bruted; and

  • (b) classified under heading 7102.10.00, 7102.21.00, or 7102.31.00 of the Standard Tariff (as defined in section 2(1) of the Tariff Act 1988).

  Regulation 3 conflict diamonds trade-ban measures paragraph (a): substituted, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Kimberley Process) Amendment Regulations 2008 (SR 2008/393).

  Regulation 3 conflict diamonds trade-ban measures paragraph (b): revoked, on 20 November 2008, by regulation 4 of the United Nations Sanctions (Kimberley Process) Amendment Regulations 2008 (SR 2008/393).