New Zealand Legislation: Regulations

9 New regulations 13A to 13D inserted

• The following headings and regulations are inserted after regulation 13:

  “Funds, etc, of or for designated persons, etc

  “13A Prohibition on dealings in assets, money, or securities of, or derived from property of, designated persons

  • “(1) No person may knowingly transfer, pay for, sell, assign, dispose of, or otherwise deal with any asset, money, or security—

    • “(a) that is owned or controlled, directly or indirectly, by a designated person or a person or entity acting on behalf, or at the direction, of a designated person; and

    • “(b) that is located in New Zealand at or after 29 March 2005.

    “(2) It is a defence to a prosecution under this regulation in respect of any asset, money, or security derived or generated from any asset, money, or security of the kind specified in subclause (1)(a) (a restricted item) if the defendant proves that he or she received the asset, money, or security in good faith, at a time when he or she did not know that it was a restricted item or derived or generated from a restricted item.

  “13B Prohibition on sending funds, etc, to designated persons

  • No person in New Zealand, and no New Zealand citizen in any place outside New Zealand, may knowingly send, transfer, or deliver, or knowingly cause to be sent, transferred, or delivered, whether directly or indirectly, any asset, money, or security—

    • “(a) to a designated person or a person or entity acting on behalf, or at the direction, of a designated person; or

    • “(b) for the benefit of a designated person or a person or entity acting on behalf, or at the direction, of a designated person.

  “13C Exceptions to regulations 13A and 13B

  • “(1) Nothing in regulation 13A(1) or 13B applies to any dealing authorised by a consent under subclause (2).

    “(2) The Minister may consent to any dealing with any asset, money, or security if the Minister is satisfied that the dealing—

    • “(a) is necessary for basic expenses within the meaning of paragraph 3(g)(i) of resolution 1591 (2005) of the Security Council of the United Nations and is authorised under that paragraph; or

    • “(b) is necessary for extraordinary expenses within the meaning of paragraph 3(g)(ii) of resolution 1591 (2005) of the Security Council of the United Nations and is authorised under that paragraph; or

    • “(c) is authorised under paragraph 3(g)(iii) of resolution 1591 (2005) of the Security Council of the United Nations (which relates to assets, money, or securities subject to judicial, administrative, or arbitral liens or judgments).

  “Entry and transit of designated persons

  “13D Designated persons to enter New Zealand only if consistent with determinations of Security Council

  • “(1) No 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.

    “(2) Subclause (1) does not apply to a designated person who is a New Zealand citizen.

    “(3) 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 ground of humanitarian need, including religious obligation; or

    • “(b) the Committee has concluded that the travel would otherwise further the objectives of Security Council resolutions relating to Sudan.

    “(4) 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 subclauses (1) to (3).

    “(5) This regulation operates in addition to the requirements of the Immigration Act 1987 and of any regulations made under that Act.”