Supplementary Order Paper No 418

No 418

House of Representatives

Supplementary Order Paper

Wednesday, 11 December 2019

Terrorism Suppression (Control Orders) Bill

Proposed amendments

Hon Mark Mitchell, in Committee, to move the following amendments:

In clause 6, replace subclause (1) (page 4, line 25 to page 5, line 3) with:

(1)

A relevant person is a person who is 18 years old or older,—

(a)

who is or may be coming to New Zealand or has arrived in New Zealand, and who before their arrival in New Zealand—

(i)

engaged in terrorism-related activities (see section 7(1)) in a foreign country; or

(ii)

travelled, or attempted to travel, to a foreign country to engage in terrorism-related activities in a foreign country; or

(iii)

was convicted in a foreign country of an offence because of conduct that is or includes engaging in terrorism-related activities in a foreign country; or

(iv)

was deported from, had a visa cancelled by, or had any passport, citizenship, or nationality revoked by, a foreign country for reasons that are or include a security risk related to conduct that is or includes engaging in terrorism-related activities in a foreign country; or

(v)

is or was the subject of any control order regime, or other analogous supervisory regime, in a foreign country, because of conduct that is or includes engaging in terrorism-related activities in a foreign country; or

(b)

who has been convicted in New Zealand of an offence relating to a terrorist act (as defined in section 5 of the Terrorism Suppression Act 2002).

In clause 6(3), replace subsection (1)(c) (page 5, line 6) with subsection (1)(a)(iii).

Explanatory note

This Supplementary Order Paper amends the Terrorism Suppression (Control Orders) Bill by amending clause 6 to ensure control orders will capture those convicted of a terrorist offence in New Zealand.

The Bill as introduced does not consider those convicted of a terrorism-related offence in New Zealand as a relevant person to which a control order will apply. National recommends a new provision is inserted into this Bill to include that a relevant person on whom a control order is to be imposed is a person who has been convicted in New Zealand of an offence relating to a terrorist act. This amendment would make the legislation align with the Australian version. The Government has assured the Opposition that a similar change is coming with a second tranche of anti-terrorism laws; however, we believe this cannot wait, and there is no harm in having it in the legislation now.