New Zealand Legislation: Regulations
Regulations are laws made under Acts
2008/396
Anand Satyanand, Governor-General
At Wellington this 20th day of October 2008
Present:
The Right Hon Helen Clark presiding in Council
Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
5 Exportation of arms and related matériel, petroleum, and petroleum products to Sierra Leone prohibited
These regulations are the United Nations Sanctions (Sierra Leone) Amendment Regulations 2008.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
These regulations amend the United Nations Sanctions (Sierra Leone) Regulations 1997.
Regulation 2 is amended by inserting the following definitions in their alphabetical order:
“committee means the committee established under paragraph 10 of resolution 1132 of the Security Council of the United Nations
“designated person means a person designated under paragraph 10(f) of resolution 1132 or paragraph 5 of resolution 1171 of the Security Council of the United Nations”.
(1) The heading to regulation 3 is amended by omitting “, petroleum, and petroleum products”
.
(2) Regulation 3(1) is amended by—
(a) omitting “; or”
from paragraph (b); and
(b) revoking paragraph (c).
(3) Regulation 3 is amended by adding the following subclause:
“(3) Subclause (1) does not apply to arms, related matériel, or spare parts intended solely for the support of, or use by,—
“(a) the Government of Sierra Leone; or
“(b) the Military Observer Group of the Economic Community of West African States; or
“(c) the United Nations.”
Regulation 8 is amended by adding the following subclause:
“(3) Subclause (1) does not apply to goods specified in regulation 3(3).”
(1) The heading to regulation 9 is amended by omitting “, petroleum, and petroleum products”
.
(2) Regulation 9(3) is amended by adding “, or to which regulation 3(3) or 8(3) applies”
.
(1) The heading above regulation 10A is revoked.
(2) Regulations 10A to 10C are revoked.
The heading above regulation 11 is amended by omitting “Citizens of Sierra Leone”
and substituting “designated persons”
.
(1) The heading to regulation 11 is revoked and the following heading substituted: “Designated persons to enter New Zealand only if consistent with determinations of Security Council”
.
(2) Regulation 11 is amended by revoking subclause (1) and substituting the following subclause:
“(1) No person who is a designated person 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.”
(3) Regulation 11 is amended by revoking subclause (2) and substituting the following subclause:
“(2) Subclause (1) does not apply so as to prevent a person from entering or transiting through New Zealand if—
“(a) the committee has determined that the travel is justified on the grounds of humanitarian need, including religious obligations; or
“(b) the travel involves a witness whose presence is required, in accordance with paragraph 8 of resolution 1793 of the Security Council of the United Nations, before the Special Court for Sierra Leone; or
“(c) the committee has concluded that the travel would otherwise further the objectives of the Security Council's resolutions.”
(4) Regulation 11 is amended by inserting the following subclause after subclause (3):
“(3A) A permit or visa may be granted or issued, under the Immigration Act 1987, to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the permit or visa is consistent with subclause (1).”
Rebecca Kitteridge,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force 28 days after the date of their notification in the Gazette, give effect to Security Council resolutions 1132, 1156, and 1171 calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Sierra Leone the measures set out in those resolutions.
Date of notification in Gazette: 23 October 2008.
These regulations are administered by the Ministry of Foreign Affairs and Trade.