United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007

Reprint
as at 29 November 2010

Crest

United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007

(SR 2007/356)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 19th day of November 2007

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Foreign Affairs and Trade.


Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor-General, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) for the purpose of giving effect (in part) to resolutions 1267 (1999), 1333 (2000), and 1390 (2002) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 15 October 1999, 19 December 2000, and 16 January 2002 respectively, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Al-Qaida and the Taliban the measures set out in those resolutions,—

makes the following regulations.

Regulations

1 Title
  • These regulations are the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007.

2 Commencement
  • These regulations come into force on 23 November 2007.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Al-Qaida means the Al-Qaida organisation

    Al-Qaida and the Taliban Sanctions Resolutions means resolutions of the Security Council of the United Nations and relating to Al-Qaida or the Taliban

    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 these regulations, 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

    arms includes—

    • (a) related matériel of all types (for example, weapons, ammunition, military vehicles and equipment, or paramilitary equipment); and

    • (b) spare parts for any arms, or for any goods specified in paragraph (a)

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

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

    Minister means the Minister of Foreign Affairs

    New Zealand includes Tokelau

    New Zealand aircraft means any aircraft that is registered or required to be registered in New Zealand under the Civil Aviation Act 1990

    New Zealand ship means a ship registered in New Zealand, or recognised by the law of New Zealand as a ship belonging to New Zealand

    Security Council means the Security Council of the United Nations

    specified 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

    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 these regulations, 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.

    (2) The Minister may publish a list of the names or other identifying details of any entities that are for the time being Al-Qaida entities or Taliban entities for a measure that is—

    • (a) set out, or referred to, in 1 or more Al-Qaida and the Taliban Sanctions Resolutions; and

    (3) The list may be published by notice in the Gazette, by using the Internet, or by any other means the Minister thinks fit.

    Compare: SR 2001/26 r 3

Export of arms to specified entity prohibited

4 Exportation of arms to specified entity prohibited
  • (1) No person may directly or indirectly export arms from New Zealand to a specified entity.

    (2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that exportation of those goods.

    Compare: SR 2001/26 r 4

5 Customs and Excise Act 1996 to apply to prohibited exports
6 Detention of prohibited exports
  • A Customs officer may detain any goods he or she suspects on reasonable grounds to be goods whose exportation is prohibited by regulation 4.

    Compare: SR 2001/26 r 6

7 Prohibited exports not to be loaded onto ships or aircraft
  • The master of a ship or the pilot in command of an aircraft must not permit to be laden in the ship or aircraft any goods whose exportation is prohibited by regulation 4, knowing that the goods are intended to be exported in contravention of that regulation.

    Compare: SR 2001/26 r 7

8 Power to withhold clearance of ship or aircraft
  • The Customs may withhold the clearance of any ship or aircraft so long as there are on board the ship or aircraft any goods any Customs officer knows to be goods whose exportation is prohibited by regulation 4.

    Compare: SR 2001/26 r 8

Transactions in relation to dealing in arms with specified entity prohibited

9 Transactions with specified entity in relation to arms prohibited
  • (1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may enter into, or be concerned in, any sale, transfer, carriage, or delivery of, or other dealing with, any of the goods specified in regulation 4, knowing that those goods—

    • (a) are intended to be imported by a specified entity; or

    • (b) are to be supplied or delivered to, or to the order of, a specified entity.

    (2) Subclause (1) does not apply to particular goods or to goods of a particular class if the Minister has consented to that sale, transfer, carriage, or delivery of, or other dealing with, those goods.

    Compare: SR 2001/26 r 9

Carriage of arms to specified entity prohibited

10 Carriage of arms to specified entity prohibited
  • (1) No ship or aircraft may be used for the carriage of any of the goods specified in regulation 4 if the carriage is, or forms part of, the carriage of those goods from any place to a specified entity.

    (2) Subclause (1) does not apply if the Minister has consented to that carriage of the goods under regulation 4(2) or 9(2).

    (3) Ship or aircraft, in subclause (1), means—

    • (a) any New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)):

    • (b) any other ship or aircraft that is, for the time being, chartered to—

      • (i) any New Zealand citizen; or

      • (ii) any body incorporated or constituted under the law of New Zealand.

    (4) Subclause (1) does not limit any of regulations 4 to 9.

    Compare: SR 2001/26 r 10

11 Liability of owner, charterer, master, or pilot in command
  • (1) If any ship or aircraft is used in contravention of regulation 10, each of the following persons is guilty of an offence against these regulations:

    • (a) in the case of a New Zealand ship or New Zealand aircraft (as those terms are defined in regulation 3(1)), the owner and the master of the ship or, as the case may be, the owner and the pilot in command of the aircraft:

    • (b) in the case of any other ship or aircraft, the charterer of the ship or aircraft and, if the master of the ship or pilot in command of the aircraft is a New Zealand citizen, the master or pilot in command.

    (2) However, it is a defence to any such offence if the person concerned proves that he or she did not know and had no reason to suppose—

    • (a) that the goods carried on the ship or aircraft were or included arms; or

    • (b) that the carriage of the arms was, or formed part of, the carriage of goods from any place to a specified entity.

    (3) Owner and charterer, in this regulation and in relation to a ship, include any person acting as the agent of the owner or, as the case may be, the agent of the charterer.

    Compare: SR 2001/26 r 11

Provision to specified entity of technical assistance or training relating to arms prohibited

12 Provision to area controlled by specified entity of technical assistance or training relating to arms prohibited
  • (1) No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may provide to, or at the request of, any specified entity any technical assistance or training relating to the provision, manufacture, maintenance, or use of any arms.

    (2) Subclause (1) does not apply if the Minister has consented to that provision of the assistance or training.

    Compare: SR 2001/26 r 12

Entry of certain persons into New Zealand

13 Entry of certain persons into New Zealand
  • (1) No person who is a specified entity may enter New Zealand, or transit through New Zealand, if the entry or transit would be contrary to a determination of the Security Council made under Article 41 of the Charter of the United Nations.

    (2) A visa may be granted under the Immigration Act 2009 to a person who is a specified entity only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

    (3) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

    Compare: SR 2001/26 r 12A

    Regulation 13(2): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

    Regulation 13(3): substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Miscellaneous provisions

14 Offences
  • Every person commits an offence against these regulations, and is liable accordingly under section 3 of the United Nations Act 1946, who acts in contravention of or fails to comply in any respect with any of the provisions of these regulations.

    Compare: SR 2001/26 r 18

15 Attorney-General's consent and certificate in certain cases
  • If an offence against these regulations is alleged to have been committed outside New Zealand, a prosecution for the offence may not be commenced without—

    • (a) the Attorney-General's consent; and

    • (b) the Attorney-General's certificate that it is expedient that the proceedings be commenced.

    Compare: SR 2001/26 r 19

16 Customs and Excise Act 1996 not affected
17 Revocation

Rebecca Kitteridge,
for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 22 November 2007.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007. The reprint incorporates all the amendments to the regulations as at 29 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)