(1) Except as provided in subsection (2), this Act comes into force on the day after the date on which it receives the Royal assent.

(2) Sections 18, 63 to 66, 68, 69, 76, 79, and 80 come into force on a date appointed by Order in Council.

The purpose of this Act is—

• (a) to make further provision in New Zealand law for the suppression of terrorism; and

• (b) to make provision to implement in New Zealand law New Zealand's obligations under—

  • (i) the Bombings Convention; and

  • (ii) the Financing Convention; and

  • (iii) the Anti-terrorism Resolution; and

  • (iv) the Nuclear Material Convention; and

  • (v) the Plastic Explosives Convention; and

  • (vi) the Nuclear Terrorism Convention; and

• (c) to make further provision to implement, in part, the Al-Qaida and the Taliban Sanctions Resolutions.

(1) In this Act, unless the context otherwise requires,—

(2) For the purposes of this Act, a person must be treated as being ordinarily resident in New Zealand if—

• (a) the person's home is in New Zealand; or

• (b) the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or

• (c) having resided in New Zealand with the intention of establishing his or her home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but has an intention to return to establish his or her home in New Zealand or to reside in New Zealand indefinitely.

(3) Terms and expressions used and not defined in this Act but defined in the Nuclear Material Convention, the Plastic Explosives Convention, or the Technical Annex to the Plastic Explosives Convention have the same meaning as in those Conventions and Annex, unless the context otherwise requires.

(1) An act is a terrorist act for the purposes of this Act if—

• (a) the act falls within subsection (2); or

• (b) the act is an act against a specified terrorism convention (as defined in section 4(1)); or

• (c) the act is a terrorist act in armed conflict (as defined in section 4(1)).

(2) An act falls within this subsection if it is intended to cause, in any 1 or more countries, 1 or more of the outcomes specified in subsection (3), and is carried out for the purpose of advancing an ideological, political, or religious cause, and with the following intention:

• (a) to induce terror in a civilian population; or

• (b) to unduly compel or to force a government or an international organisation to do or abstain from doing any act.

(3) The outcomes referred to in subsection (2) are—

• (a) the death of, or other serious bodily injury to, 1 or more persons (other than a person carrying out the act):

• (b) a serious risk to the health or safety of a population:

• (c) destruction of, or serious damage to, property of great value or importance, or major economic loss, or major environmental damage, if likely to result in 1 or more outcomes specified in paragraphs (a), (b), and (d):

• (d) serious interference with, or serious disruption to, an infrastructure facility, if likely to endanger human life:

• (e) introduction or release of a disease-bearing organism, if likely to devastate the national economy of a country.

(4) However, an act does not fall within subsection (2) if it occurs in a situation of armed conflict and is, at the time and in the place that it occurs, in accordance with rules of international law applicable to the conflict.

(5) To avoid doubt, the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person—

• (a) is carrying out an act for a purpose, or with an intention, specified in subsection (2); or

• (b) intends to cause an outcome specified in subsection (3).

This Act binds the Crown.

(1) A person commits an offence who engages in a terrorist act.

(2) A person who commits a terrorist act is liable on conviction on indictment to imprisonment for life or a lesser term.

(1) A person commits an offence who, intentionally and without lawful justification or excuse, delivers, places, discharges, or detonates an explosive or other lethal device in, into, or against a relevant place, facility, or system, with the intent to cause—

• (a) death or serious bodily injury; or

• (b) extensive destruction—

  • (i) of the relevant place, facility, or system; and

  • (ii) that results, or is likely to result, in major economic loss.

(2) In subsection (1), relevant place, facility, or system means—

• (a) a place of public use:

• (b) a State or government facility:

• (c) a public transportation system:

• (d) an infrastructure facility.

(3) A person who commits terrorist bombing is liable on conviction on indictment to imprisonment for life or a lesser term.

(1) A person commits an offence who, directly or indirectly, wilfully and without lawful justification or reasonable excuse, provides or collects funds intending that they be used, or knowing that they are to be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts.

(2) [Repealed]

(2A) A person commits an offence who, directly or indirectly, wilfully and without lawful justification or reasonable excuse, provides or collects funds intending that they benefit, or knowing that they will benefit, an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

(3) In a prosecution for financing of terrorism, it is not necessary for the prosecutor to prove that the funds collected or provided were actually used, in full or in part, to carry out a terrorist act.

(4) A person who commits financing of terrorism is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(1) A person commits an offence who, without lawful justification or reasonable excuse, deals with any property knowing that the property is—

• (a) property owned or controlled, directly or indirectly, a designated terrorist entity; or

• (b) property derived or generated from any property of the kind specified in paragraph (a).

(2) For the purposes of subsection (1), examples of a reasonable excuse for dealing with property referred to in those provisions are—

• (a) where the dealing with the property comprises an act that does no more than satisfy essential human needs of (or of a dependant of) an individual designated under this Act:

• (b) where a financial institution acts to freeze assets of a designated terrorist entity.

(3) Subsection (1) does not apply—

• (a) if the Prime Minister has, under section 11, authorised the dealing with the property; or

• (b) if the property concerned is the subject of a direction under section 48 and the dealing concerned forms part of the exercise by the Official Assignee of his or her powers under section 50 of the Proceeds of Crime Act 1991 (as modified and applied by section 51(a)).

(4) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

(5) [Repealed]

(6) A reference in the definition of deal with in section 4 to the transfer of property that is a security includes a reference to a transfer of the security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

(1) A person commits an offence who makes available, or causes to be made available, directly or indirectly, without lawful justification or reasonable excuse, any property, or any financial or related services, either to, or for the benefit of, an entity, knowing that the entity is a designated terrorist entity.

(2) [Repealed]

(3) An example of making property available with a reasonable excuse, for the purposes of subsection (1), is where the property (for example, items of food, clothing, or medicine) is made available in an act that does no more than satisfy essential human needs of (or of a dependant of) an individual designated under this Act.

(4) Subsection (1) does not apply if the Prime Minister has, under section 11, authorised the making available of the property or services.

(5) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 7 years.

(6) In this section, make available, in relation to any property or services, means to make the property or services available in any way and by any means (for example, to send, transfer, deliver, or provide the property or services).

(7) A reference in subsection (6) to the transfer of property that is a security includes a reference to a transfer of the security by way of loan, mortgage, pledge, or bailment, whether in respect of a legal or an equitable interest.

(1) The Prime Minister may, by notice in writing, permit any activity or transaction or class or classes of activities or transactions that would otherwise be prohibited by section 9(1) or section 10(1).

(2) Any authorisation of that kind—

• (a) may be subject to terms or conditions; and

• (b) may be amended, revoked, or revoked and replaced.

(3) If a person has obtained an authorisation of that kind, another person involved in carrying out the activity or transaction or class or classes of activities or transactions to which the authorisation relates is not subject to section 9(1) or section 10(1).

(4) However, subsection (3) does not apply if—

• (a) the authorisation is subject to terms or conditions imposed under subsection (2)(a); and

• (b) those terms or conditions are not satisfied.

(1) A person commits an offence who recruits another person as a member of a group or organisation, knowing that the group or organisation is—

• (a) a designated terrorist entity; or

• (b) an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(1) A person commits an offence who participates in a group or organisation for the purpose stated in subsection (2), knowing that or being reckless as to whether the group or organisation is—

• (a) a designated terrorist entity; or

• (b) an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

(2) The purpose referred to in subsection (1) is to enhance the ability of any entity (being an entity of the kind referred to in subsection (1)(a) or (b)) to carry out, or to participate in the carrying out of, 1 or more terrorist acts.

(3) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

(1) A person commits an offence who, with the intention of assisting another person to avoid arrest, escape lawful custody, or avoid conviction, harbours or conceals that person,—

• (a) knowing, or being reckless as to whether, that person intends to carry out a terrorist act; or

• (b) knowing, or being reckless as to whether, that person has carried out a terrorist act.

(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to a term of imprisonment not exceeding 7 years.

(1) A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years or a fine not exceeding $500,000, or both, who—

• (a) possesses, uses, or manufactures unmarked plastic explosives, knowing they are unmarked; or

• (b) imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.

(2) Subsection (1) does not apply in respect of unmarked plastic explosives (not being explosives to which subsection (3) applies) that were lawfully manufactured in, or imported into New Zealand before the commencement of this section and that may, subject to the Hazardous Substances and New Organisms Act 1996, be transported or possessed by—

• (a) a person who performs military or police functions during the period that begins with the entry into force of this section and ends 15 years later; or

• (b) any other person during the period that begins with the entry into force of this section and ends 3 years later.

(3) Nothing in this section applies to unmarked plastic explosives—

• (a) that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Risk Management Authority:

  • (i) research, development, or testing of new or modified explosives; or

  • (ii) training in explosives detection or testing of explosives detection equipment; or

  • (iii) forensic science activities; or

• (b) that are destined to be, and are incorporated as, an integral part of a duly authorised military device in New Zealand within 3 years after the date on which this section comes into force.

(1) A person commits an offence who,—

• (a) without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, knowing it is nuclear material, and—

  • (i) that causes death, injury, or disease to any person or substantial damage to property; or

  • (ii) with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or

  • (iii) that causes, or is likely to cause, substantial damage to the environment; or

• (b) commits theft, as defined in section 219 of the Crimes Act 1961, of nuclear material knowing that it was nuclear material; or

• (c) fraudulently obtains nuclear material, knowing that it was nuclear material; or

• (d) makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or

• (e) with intent to intimidate, threatens to use nuclear material to cause—

  • (i) death, injury, or disease to any person; or

  • (ii) substantial damage to any property; or

• (f) with intent to compel any person, international organisation, or State to do, or refrain from doing, any act, threatens to steal nuclear material; or

• (g) without lawful authority, commits an act, or threatens to commit an act against a nuclear facility, or interferes with the operation of a nuclear facility with intent to cause, or being reckless as to whether it causes, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances.

(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or a fine not exceeding $500,000, or both.

A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years who imports, acquires, possesses, or has control over any radioactive material with intent to use it to commit an offence involving bodily injury, or the threat of violence, to any person.

(1) A person commits an offence who—

• (a) makes or possesses a radioactive device or possesses radioactive material with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or

• (b) uses radioactive material or a radioactive device or uses or damages a nuclear facility in a manner that releases or risks the release of radioactive material—

  • (i) with intent to cause death or serious injury to any person or substantial damage to property or to the environment; or

  • (ii) with intent to compel any person, international organisation, or State to do, or refrain from doing an act; or

• (c) threatens to commit an offence set out in paragraph (b); or

• (d) unlawfully and intentionally demands radioactive material by threat, in circumstances that indicate the credibility of the threat; or

• (e) by use of force,—

  • (i) uses or threatens to use radioactive material or a radioactive device; or

  • (ii) uses or damages or threatens to use or damage a nuclear facility.

(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or a fine not exceeding $500,000, or both.

(1) Each of sections 7 to 13 and 13B to 13E applies in respect of acts that occurred wholly outside New Zealand, as provided in sections 15 to 18.

(2) Subsection (1) does not affect the application of sections 7 to 13 in respect of—

• (a) acts that occurred wholly within New Zealand; or

• (b) an offence that, under section 7 of the Crimes Act 1961, is deemed

to be committed in New Zealand; or

• (c) acts that, under section 8A of that Act, are deemed to have taken place within New Zealand.

Proceedings may be brought in a New Zealand court for any offence against this Act (other than one against section 43 or section 47 or section 47G) if the acts alleged to constitute the offence occurred wholly outside New Zealand, but were done—

• (a) by a New Zealand citizen:

• (b) by a person who is ordinarily resident in New Zealand but is not a citizen of any State:

• (c) by any other person on board any aircraft—

  • (i) registered or required to be registered in New Zealand under the Civil Aviation Act 1990; or

  • (ii) for the time being used as an aircraft of the New Zealand Defence Force:

• (d) by any other person on board any ship—

  • (i) registered under the Ship Registration Act 1992; or

  • (ii) not registered under that Act but required to be registered under that Act; or

  • (iii) for the time being used as a ship of the New Zealand Defence Force.

Proceedings may also be brought in a New Zealand court for terrorist bombing if the acts alleged to constitute the offence occurred wholly outside New Zealand, but were done—

• (a) against a New Zealand citizen; or

• (b) against a State or government facility of New Zealand abroad (for example, a New Zealand embassy, or other New Zealand diplomatic or consular premises); or

• (c) in an attempt to compel the Government of New Zealand to do or abstain from doing any act.

Proceedings may also be brought in a New Zealand court for financing of terrorism if the acts alleged to constitute the offence occurred wholly outside New Zealand, but were directed towards, or resulted in, 1 or more terrorist acts being done—

• (a) within New Zealand; or

• (b) against a New Zealand citizen; or

• (c) against a State or government facility of New Zealand abroad (for example, New Zealand diplomatic or consular premises); or

• (d) in an attempt to compel the Government of New Zealand to do or abstain from doing any act.

Even if the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for terrorist bombing, financing of terrorism, a nuclear terrorism offence, or a nuclear material offence if the person to be charged has been found in New Zealand and has not been extradited.

The following sections of the Crimes Act 1961 do not apply in respect of any offence against this Act (except one against section 43 or section 47 or section 47G):

• (a) section 8 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand):

• (b) section 400 (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft).

(1) The Prime Minister may designate an entity as a terrorist entity under this section if the Prime Minister has good cause to suspect that the entity has knowingly carried out, or has knowingly participated in the carrying out of, 1 or more terrorist acts.

(2) On or after designating an entity as a terrorist entity under this Act, the Prime Minister may designate 1 or more other entities as an associated entity under this section.

(3) The Prime Minister may exercise the power given by subsection (2) only if the Prime Minister has good cause to suspect that the other entity—

• (a) is knowingly facilitating the carrying out of 1 or more terrorist acts by, or with the participation of, the terrorist entity (for example, by financing those acts, in full or in part); or

• (b) is acting on behalf of, or at the direction of,—

  • (i) the terrorist entity, knowing that the terrorist entity has done what is referred to in subsection (1); or

  • (ii) an entity designated as an associated entity under subsection (2) and paragraph (a), knowing that the associated entity is doing what is referred to in paragraph (a); or

• (c) is an entity (other than an individual) that is wholly owned or effectively controlled, directly or indirectly, by the terrorist entity, or by an entity designated under subsection (2) and paragraph (a) or paragraph (b).

(4) Before designating an entity as a terrorist or associated entity under this section, the Prime Minister must consult with the Attorney-General and the Minister of Foreign Affairs and Trade about the proposed designation.

(5) After an entity is designated as a terrorist or associated entity under this section, the Prime Minister and the Attorney-General must, if practicable before the making of the designation is publicly notified under section 21(c) and, if not so practicable, as soon as possible after that notification,—

• (a) advise the Leader of the Opposition of the making of the designation; and

• (b) if requested to do so by the Leader of the Opposition, brief that Leader as to the factual basis for the making of the designation.

A designation under section 20—

• (a) may be made in respect of an entity only once, and therefore may not be made in respect of an entity who—

  • (i) is the subject of an earlier designation made under section 20 that has not yet expired or been revoked; or

  • (ii) was the subject of a designation under section 20 that has expired or been revoked:

• (b) takes effect on being made, and must be made in writing signed by the Prime Minister:

• (c) must be publicly notified—

  • (i) by a notice (in the prescribed form (if any)) indicating that it has been made being published in the Gazette as soon as practicable; and

  • (ii) in any other way the Prime Minister directs under section 28(1):

• (d) must also be notified—

  • (i) by a notice (in the prescribed form (if any)) indicating that it has been made being given (in the prescribed manner (if any)) with all reasonable speed to the designated entity, if practicable, where that entity or a representative of it is in New Zealand; and

  • (ii) by a notice indicating that it has been made being given to any other persons or bodies, as the Prime Minister directs under section 28(2):

• (e) expires on the close of the 30th day after the day on which it is made, unless it has earlier been revoked by the Prime Minister under section 34, or by the making of a final designation in respect of the entity concerned, under section 22:

• (f) operates until it expires or is revoked but, if it is made the subject of any judicial review (whether under Part 1 of the Judicature Amendment Act 1972 or otherwise) or other proceedings before a court and is not sooner revoked under section 23(b) or section 34, continues to operate until those proceedings are withdrawn or finally determined.

(1) The Prime Minister may designate an entity as a terrorist entity under this section if the Prime Minister believes on reasonable grounds that the entity has knowingly carried out, or has knowingly participated in the carrying out of, 1 or more terrorist acts.

(2) On or after designating an entity as a terrorist entity under this Act, the Prime Minister may designate 1 or more other entities as an associated entity under this section.

(3) The Prime Minister may exercise the power given by subsection (2) only if the Prime Minister believes on reasonable grounds that the other entity—

• (a) is knowingly facilitating the carrying out of 1 or more terrorist acts by, or with the participation of, the terrorist entity (for example, by financing those acts, in full or in part); or

• (b) is acting on behalf of, or at the direction of,—

  • (i) the terrorist entity, knowing that the terrorist entity has done what is referred to in subsection (1); or

  • (ii) an entity designated as an associated entity under subsection (2) and paragraph (a), knowing that the associated entity is doing what is referred to in paragraph (a); or

• (c) is an entity (other than an individual) that is wholly owned or effectively controlled, directly or indirectly, by the terrorist entity, or by an entity designated under subsection (2) and paragraph (a) or paragraph (b).

(4) Before designating an entity as a terrorist or associated entity under this section, the Prime Minister must consult with the Attorney-General about the proposed designation.

A designation under section 22—

• (a) may be made in respect of an entity who—

  • (i) has never been the subject of a designation made under section 20; or

  • (ii) is the subject of a designation under section 20 that has not yet expired or been revoked; or

  • (iii) was the subject of a designation under section 20 that has expired or been revoked:

• (b) if it is made in respect of an entity who is the subject of a designation made under section 20 and that has not yet expired or been revoked, revokes that designation under section 20:

• (c) may be made in respect of an entity who was earlier the subject of a designation made under section 22 and that has expired or been revoked (the earlier designation) only if it is based on information that became available after the expiry or revocation of the earlier designation and is significantly different from the information on which the earlier designation was based:

• (d) takes effect on being made, and must be made in writing signed by the Prime Minister:

• (e) must be publicly notified—

  • (i) by a notice (in the prescribed form (if any)) indicating that it has been made being published in the Gazette as soon as practicable; and

  • (ii) in any other way the Prime Minister directs under section 28(1):

• (f) must also be notified—

  • (i) by a notice (in the prescribed form (if any)) indicating that it has been made being given (in the prescribed manner (if any)) with all reasonable speed to the designated entity, if practicable, where that entity or a representative of it is in New Zealand; and

  • (ii) by a notice indicating that it has been made being given to any other persons or bodies, as the Prime Minister directs under section 28(2):

• (g) [Repealed]

• (h) operates until it expires or is revoked but, if it is made the subject of any judicial review (whether under Part I of the Judicature Amendment Act 1972 or otherwise) or other proceedings before a court and is not sooner revoked under section 34, continues to operate until those proceedings are withdrawn or finally determined.

An entity may be designated under section 20 or section 22 whether or not any of the following is in New Zealand:

• (a) the entity:

• (b) property owned or controlled, directly or indirectly, by the entity:

• (c) property derived or generated from any property of the kind referred to in paragraph (b).

(1) For the purposes of this Act, a terrorist act is carried out if any 1 or more of the following occurs:

• (a) planning or other preparations to carry out the act, whether it is actually carried out or not:

• (b) a credible threat to carry out the act, whether it is actually carried out or not:

• (c) an attempt to carry out the act:

• (d) the carrying out of the act.

(2) For the purposes of this Act, a terrorist act is facilitated only if the facilitator knows that a terrorist act is facilitated, but this does not require that—

• (a) the facilitator knows that any specific terrorist act is facilitated:

• (b) any specific terrorist act was foreseen or planned at the time it was facilitated:

• (c) any terrorist act was actually carried out.

A notice under section 21(d)(i) or section 23(f)(i) (to notify the designated entity of the making of the designation under section 20 or section 22)—

• (a) must state the section under which the designation is made, and whether the entity concerned is designated as a terrorist entity or as an associated entity:

• (b) may describe the entity concerned by reference to any name or names or associates or other details by which the entity may be identified:

• (ba) must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9:

• (c) must state the maximum period for which the designation may have effect or, if it is made under section 22, the maximum period for which it may have effect without being renewed under section 35:

• (d) must include general information about how it may be reviewed and revoked:

• (e) must include any other information specified for the purposes of this paragraph by regulations made under this Act.

(1) Subsection (2) applies to—

• (a) a notice under section 21(c)(i) or section 23(e)(i) (to notify publicly the making of a designation under section 20 or section 22); and

• (b) a notice under section 21(d)(ii) or section 23(f)(ii) (to notify specified persons or bodies of the making of a designation under section 20 or section 22).

(2) The notice—

• (a) must state the section under which the designation is made, and whether the entity concerned is designated as a terrorist entity or as an associated entity:

• (b) may describe the entity concerned by reference to any name or names or associates or other details by which the entity may be identified:

• (ba) must state that any person who deals with the entity's property may be liable to prosecution for an offence under section 9:

• (c) must state the maximum period for which the designation may have effect or, if it is made under section 22, the maximum period for which it may have effect without being renewed under section 35:

• (d) must include any other information specified for the purposes of this paragraph by regulations made under this Act:

• (e) may include details of all earlier designations under this Act that have not yet expired or been revoked, so as to provide details of all entities currently designated under this Act.

Section 27(2)(ba): inserted, on 20 November 2007, by section 18(1) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

Section 27(2)(c): amended, on 20 November 2007, by section 18(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

(1) The Prime Minister may, for the purposes of section 21(c)(ii) or section 23(e)(ii), direct that the making of a designation under section 20 or section 22 be publicly notified (other than by notice in the Gazette, and either in the prescribed manner or form or both (if any) or in any other manner or form or both that the Prime Minister thinks fit).

(2) The Prime Minister may, for the purposes of section 21(d)(ii) or section 23(f)(ii), direct that notice of the making of a designation under section 20 or section 22 be given (either in the prescribed manner or in any other manner that the Prime Minister thinks fit) to any persons or bodies that the Prime Minister thinks fit (for example, to any registered banks or other persons—

• (a) who may possess property which may be property to which section 9(1) relates; or

• (b) who may make available property or services to which section 10(1) may relate).

No designation under section 20 or section 22 is invalid just because—

• (a) the entity concerned was not, before the designation was made, given notice that it may be made, or a chance to comment on whether it should be made, or both:

• (b) the making of it has not been notified, or notice of the making of it has not been given, in the manner or form required by section 21 or section 23.

(1) If satisfied that an entity designated under section 22 should have a description other than that under which the entity was designated (or than the description stated in the most recent notice under this subsection relating to the entity), the Prime Minister may, by signing a written notice to that effect, state a new description for the entity.

(2) The notice must identify the entity by reference to—

• (a) its most recent description; and

• (b) the notice in the Gazette in which that description was stated.

(3) Sections 23(e) and 23(f) apply to the notice as if it were a designation under section 22; and section 28(2) applies accordingly.

(4) The stating of the new description does not affect the designation of the entity and (in particular) does not affect the application of section 35(1) to it.

In considering whether to make or to revoke a designation under section 20 or section 22 or section 34, the Prime Minister may take into account any relevant information, including classified security information.

(1) In this Act, classified security information means information—

• (a) relevant to whether there are or may be grounds for designating an identifiable entity under this Act as a terrorist entity or as an associated entity; and

• (b) held by a specified agency (as defined in section 4(1)); and

• (c) that the head of the specified agency certifies in writing (in the prescribed form (if any)) cannot be disclosed except to the extent provided in section 38 or section 39 because, in the opinion of the head of the specified agency—

  • (i) the information is information of a kind specified in subsection (2); and

  • (ii) disclosure of the information would be disclosure of a kind specified in subsection (3).

(2) Information falls within subsection (1)(c)(i) if it—

• (a) might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the specified agency; or

• (b) is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the specified agency; or

• (c) has been provided to the specified agency by the government of another country or by an agency of a government of another country or by an international organisation, and is information that cannot be disclosed by the specified agency because the government or agency or organisation by which the information has been provided will not consent to the disclosure.

(3) Disclosure of information falls within subsection (1)(c)(ii) if the disclosure would be likely—

• (a) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

• (b) to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or

• (c) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

• (d) to endanger the safety of any person.

Nothing in this Act prevents a person from bringing any judicial review (whether under Part I of the Judicature Amendment Act 1972 or otherwise) or other proceedings before a court arising out of, or relating to, the making of a designation under this Act.

(1) The Prime Minister may at any time revoke a designation made under section 20 or section 22, either on the Prime Minister's own initiative or on an application in writing for the purpose—

• (a) by the entity who is the subject of the designation; or

• (b) by a third party with an interest in the designation that, in the Prime Minister's opinion, is an interest apart from any interest in common with the public.

(2) Without limiting subsection (1)(b), a party may have an interest in a designation apart from any interest in common with the public through—

• (a) possessing or controlling, or having an interest in, property to which section 9 applies as a result of the designation; or

• (b) making available property or services to which section 10 applies as a result of the designation; or

• (c) having an especially close association with the designated entity or its interests or objectives.

(3) An application under subsection (1) for revocation of a designation must be based on the grounds—

• (a) that the designation should not stand because the entity concerned does not satisfy the test stated in section 20(1) or (3) or, as the case requires, in section 22(1) or (3); or

• (b) that the entity concerned is no longer involved in any way in acts of the kind that made, or that would make, the entity eligible for designation.

(4) However, the Prime Minister may not refuse an application to revoke a designation under section 20 or section 22 without having first consulted with the Attorney-General about the proposed refusal.

(5) Except as provided in subsection (4), subsection (1) overrides every other provision of this Act.

(1) A designation under section 22 expires 3 years after the date on which it takes effect, unless it is earlier—

• (a) revoked under section 34; or

• (b) renewed by an order under subsection (2) or (3).

(2) The Prime Minister may order that a designation made under section 22 remain in force for a further 3 years after the making of the order if the Prime Minister is satisfied that there are still reasonable grounds as set out in section 22 for an entity to be designated under that section.

(3) Before the expiry of an order under subsection (2), the Prime Minister may make another order renewing the designation concerned for a further 3 years.

(4) After making an order under subsection (2) or (3), the Prime Minister must report to the Intelligence and Security Committee on the renewal of the designation.

(5) The Prime Minister may make any number of orders under subsection (3) in respect of the same designation.

(1) This section applies to any proceedings in a court arising out of, or relating to, the making of a designation under this Act.

(2) The Court must determine the proceedings on the basis of information available to it (whether or not that information has been disclosed to or responded to by all parties to the proceedings).

(3) If information presented, or proposed to be presented, by the Crown includes classified security information,—

• (a) except where proceedings are before the Court of Appeal, the proceedings must be heard and determined by the Chief High Court Judge, or by 1 or more Judges nominated by the Chief High Court Judge, or both; and

• (b) the Court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the relevant part or all of) the classified security information in the absence of—

  • (i) the designated entity concerned; and

  • (ii) all barristers or solicitors (if any) representing that entity; and

  • (iii) members of the public.

(4) Without limiting subsection (3), if the designated entity concerned participates in proceedings,—

• (a) the Court must approve a summary of the information of the kind referred to in section 32(2) that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 32(3); and

• (b) on being approved by the Court a copy of the statement must be given to the entity concerned.

(5) Nothing in this section limits section 27 of the Crown Proceedings Act 1950 or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(6) Subsections (2) to (5) apply despite any enactment or rule of law to the contrary.

(1) Any general practices and procedures that may be necessary to implement the procedures specified in section 38 and to ensure that classified security information is protected in all proceedings to which that section relates must be agreed between the Chief Justice and the Attorney-General as soon as practicable after the commencement of this section, and revised from time to time.

(2) Without limiting the generality of subsection (1), general practices and procedures may be agreed under that subsection on the following matters:

• (a) measures relating to the physical protection of the information during all proceedings to which section 38 relates:

• (b) the manner in which the information may be provided to the Court:

• (c) measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.

(1) If a designation under this Act expires or is revoked or is found to be or to have been invalid, under section 34 or section 35 or by virtue of any judicial review (whether under Part I of the Judicature Amendment Act 1972 or otherwise) or other proceedings before a court, the Prime Minister must—

• (a) ensure that notice of the revocation or expiry or invalidity is published in the Gazette as soon as practicable; and

• (b) take all reasonable steps to ensure that notice of the revocation or expiry or invalidity is given, in the manner and form required by section 21(d) or section 23(f), to every person and body specified in subsection (2) who is not already aware of it.

(2) The persons and bodies referred to in subsection (1)(b) are every person or body to whom notice of the making of the designation was given under section 21(d) or section 23(f).

(1) This section applies to—

• (a) property owned or controlled, directly or indirectly, by a designated terrorist entity; and

• (b) property derived or generated from any property of the kind specified in paragraph (a).

(2) A financial institution or other person in possession or immediate control of property that the financial institution or other person suspects on reasonable grounds is or may be property to which this section applies must, as soon as practicable after forming that suspicion, report it to the Commissioner of Police, in accordance with section 44.

(3) Nothing in subsection (2) requires any lawyer to disclose any privileged communication (as defined in section 45).

(4) Every person who knowingly contravenes subsection (2) commits an offence, and is liable on conviction on indictment to imprisonment for a term not exceeding 1 year.

(5) In this section, financial institution has the meaning referred to in section 44(5).

(1) Except as provided in subsection (2), every report under section 43 must—

• (a) contain the details specified in Schedule 5; and

• (b) if made by a financial institution, be signed by someone authorised to sign reports under section 43 on behalf of the financial institution (unless the report is forwarded by email or another similar means of communication); and

• (c) if made by any other person, be signed by the person or by someone authorised to sign reports under section 43 on behalf of the person (unless the report is forwarded by email or another similar means of communication); and

• (d) be forwarded, in writing, to the Commissioner of Police at Police National Headquarters at Wellington—

  • (i) by way of transmission by fax; or

  • (ii) by another means (including, without limitation, by email or another similar means of communication) that may be agreed from time to time between that Commissioner and the financial institution or person concerned.

(2) However, if the urgency of the situation requires, a report under section 43 may be made orally to any member of the police authorised for the purpose by the Commissioner of Police, but in any case of that kind the financial institution or other person must, as soon as practicable, forward to that Commissioner a report that complies with the requirements of subsection (1).

(3) The Commissioner of Police may confer the authority to receive a report under subsection (2) on any specified member of the police or on members of the police of any specified level of position or class, or on any member or members of the police for the time being holding any specified office or specified class of offices.

(4) If a report under section 43 is made by or on behalf of a financial institution in respect of property that came into the possession or immediate control of the financial institution through a transaction conducted or proposed to be conducted through the financial institution, the financial institution need not make a suspicious transaction report in respect of the transaction or proposed transaction unless asked to do so by or on behalf of the Commissioner of Police.

(5) In this section, section 47, and Schedule 5, facility, financial institution, suspicious transaction report, and transaction have the meanings given to them in section 2(1) of the Financial Transactions Reporting Act 1996.

(1) For the purposes of section 43(3), a communication is a privileged communication only if—

• (a) it is a confidential communication, whether oral or written, passing between—

  • (i) a lawyer in his or her professional capacity and another lawyer in that capacity; or

  • (ii) a lawyer in his or her professional capacity and his or her client,—

whether made directly or indirectly through an agent of either; and

• (b) it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance; and

• (c) it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or wrongful act.

(2) However, where the information consists wholly or partly of, or relates wholly or partly to, the receipts, payments, income, expenditure, or financial transactions of a specified person (whether a lawyer, his or her client, or any other person), it is not a privileged communication if it is contained in, or comprises the whole or part of, any book, account, statement or other record prepared or kept by the lawyer in connection with a trust account of the lawyer within the meaning of section 6 of the Lawyers and Conveyancers Act 2006.

(3) For the purposes of this section, references to a lawyer include a firm or an incorporated law firm (within the meaning of the Lawyers and Conveyancers Act 2006) in which he or she is, or is held out to be, a partner, director, or shareholder.

(1) A person has immunity from civil, criminal, or disciplinary proceedings under subsection (2) if the person—

• (a) acts in purported compliance with the requirements of section 9 or section 10 or both; or

• (b) reports a suspicion to the Commissioner of Police under section 43; or

• (c) otherwise discloses information to the Commissioner of Police in connection with a report of that kind.

(2) No civil, criminal, or disciplinary proceedings lie against a person to whom subsection (1) applies—

• (a) in respect of the acts of the person in good faith and with reasonable care in purported compliance with the requirements of section 9 or section 10 or both; or

• (b) in respect of the report or disclosure, or the manner of the report or disclosure, by that person, of the information referred to in subsection (1)(b) and (c); or

• (c) for any consequences that follow from the report or disclosure of that information.

(3) However, subsection (2)(b) and (c) do not apply if the information was reported or disclosed in bad faith, or without reasonable care having been taken in determining, before the report or disclosure, that the property is or may be property to which section 43 applies.

(1) This section applies in respect of the following information:

• (a) any report under section 43:

• (b) any information the disclosure of which will identify, or is reasonably likely to identify, any person—

  • (i) as a person who, in his or her capacity as an officer, employee, or agent of a financial institution, has handled or identified property that was the subject of a report under section 43; or

  • (ii) as a person who has prepared a report under section 43; or

  • (iii) as a person who has made a report under section 43:

• (c) any information that discloses or is reasonably likely to disclose the existence of a report under section 43.

(2) No member of the police may disclose any information to which this section applies except for the purposes of the enforcement of this Act, or for the purposes of the detection, investigation, and prosecution of an offence under this Act.

(3) Nothing in subsection (2) limits the provision of assistance under the Mutual Assistance in Criminal Matters Act 1992.

(4) No person may disclose, in any judicial proceeding (within the meaning of section 108 of the Crimes Act 1961) any information to which this section applies, unless the Judge or, as the case requires, the person presiding at the proceeding, is satisfied that the disclosure of the information is necessary in the interests of justice.

(5) Every person who knowingly contravenes subsection (4) commits an offence, and is liable on summary conviction to a fine not exceeding $10,000.

(1) A Customs officer or authorised person may, without warrant, seize and detain goods if—

• (a) the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under—

  • (i) the Customs and Excise Act 1996; or

  • (ii) Part 5 of the Financial Transactions Reporting Act 1996 (which relates to reporting of imports and exports of cash); and

• (b) the goods are in New Zealand and he or she is satisfied that they either—

  • (i) are being, or are intended to be, exported from New Zealand; or

  • (ii) are being, or have been, imported into New Zealand; and

• (c) he or she has good cause to suspect—

  • (i) that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and

  • (ii) that the entity is a designated terrorist entity; or

• (d) he or she has good cause to suspect—

  • (i) that the goods are cash or cash equivalents owned or controlled, directly or indirectly, by an entity; and

  • (ii) that the entity is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts.

(2) In this section and sections 47B to 47G,—

(1) The power to detain goods under section 47A does not extend to, and the Customs must if practicable return immediately, cash seized under section 47A if the Customs is satisfied that the cash is (or that things for which it might be exchanged are) necessary to satisfy the essential human needs—

• (a) of (or of a dependant of) an individual from whom the cash has been seized; and

• (b) arising on, or within 7 days after, the date on which the detention would otherwise be effected.

(2) Nothing in subsection (1) requires the Customs to return any cash that the Customs is satisfied is not necessary for the purpose specified in that subsection.

(3) If the 7-day period referred to in section 47D(1)(a) is extended under section 47E, subsection (1) applies to the extension, and the reference in subsection (1)(b) to 7 days must be read as a reference to the number of days (not exceeding 21) of that 7-day period as extended.

(1) Reasonable force may be used if it is necessary for any of the following purposes:

• (a) to seize goods under section 47A:

• (b) to detain goods under section 47A.

(2) If the person from whom goods have been seized and detained under section 47A is identified but is not present when the seizure and detention occurs (for example, because the goods concerned are in mail or cargo or in unaccompanied baggage), the Customs must make all reasonable efforts to notify that person of the detention and seizure as soon as practicable.

(3) Goods detained under section 47A must be taken to such place of security as a Customs officer or authorised person directs, and there detained, unless section 47F applies.

(4) Section 175 of the Customs and Excise Act 1996 (which protects persons acting under authority of that Act) applies, with all necessary modifications, in relation to the exercise of a power under any of sections 47A to 47F of this Act.

(5) Nothing in section 47A limits or affects powers under the following Acts:

• (a) Customs and Excise Act 1996:

• (b) Financial Transactions Reporting Act 1996:

• (c) Mutual Assistance in Criminal Matters Act 1992:

• (d) Proceeds of Crime Act 1991.

(1) In this section, investigation period, in relation to goods seized and detained under section 47A,—

• (a) means the period of 7 days after the date on which the goods were seized and detained; and

• (b) includes any extension of that period granted by the High Court under section 47E.

(2) Goods seized and detained under section 47A must be returned to the person from whom they were seized as soon as practicable after whichever of the following occurs first:

• (a) the completion of all relevant investigations, if they show either—

  • (i) that the goods are not property of the kind referred to in section 47A(1)(c)(i) or (d)(i); or

  • (ii) that the entity is not an entity of the kind referred to in section 47A(1)(c)(ii) or (d)(ii):

• (b) the expiry of the investigation period.

(3) However, the Customs need not return the goods as provided in subsection (2), and may continue to detain them pending a direction by the Prime Minister under section 48 that the Official Assignee take custody and control of them, if the Customs is advised by, or on behalf of, the Prime Minister—

• (a) that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and

• (b) that the entity is a designated terrorist entity.

(1) The 7-day period in section 47D(1)(a) may be extended (once only) by order of the High Court for a reasonable period up to a further 14 days if, on an application for the purpose made before the expiry of that 7-day period, that Court is satisfied—

• (a) that the good cause to suspect required by section 47A(1)(c) or (d) exists; and

• (b) that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.

(2) The application must be made in writing and served on the person from whom the goods were seized (if that person can be identified and located), and must include the following particulars:

• (a) a description of the goods detained:

• (b) the date on which the detention commenced:

• (c) a statement of the facts supporting the good cause to suspect required by section 47A(1)(c) or (d); and

• (d) a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.

(3) The person from whom the goods were seized is entitled to appear and be heard on the application.

(4) The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing.

(1) If goods detained under section 47A are a craft, vehicle, or animal, a Customs officer may leave those goods in the custody of either—

• (a) the person from whom the goods have been seized; or

• (b) any other person authorised by the Customs officer and who consents to having such custody.

(2) Every person who has the custody of goods under subsection (1) must, until a final decision is made under section 47D as to whether or not they are to be returned, hold them in safekeeping, without charge to the Crown and in accordance with any reasonable conditions that may be imposed by the Customs.

(3) A person to whom subsection (2) applies must also—

• (a) make the goods available to a Customs officer on request; and

• (b) not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs officer; and

• (c) return the goods on demand to the custody of the Customs.

(1) Every person commits an offence who, having custody of goods pursuant to section 47F(1), acts in breach of any requirement of, or imposed pursuant to, section 47F(2) or (3).

(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $5,000.

(3) Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise converts to his or her own use goods to which section 47F(2) and (3) applies.

(4) Every person who commits an offence against subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding an amount equal to 3 times the value of the goods to which the offence relates.

(1) The Prime Minister may, if satisfied that it is desirable to do so, direct the Official Assignee to take custody and control of property in New Zealand, if an entity is subject to a designation under section 22 or is a United Nations listed terrorist entity and the Prime Minister believes on reasonable grounds that the property is—

• (a) property owned or controlled, directly or indirectly, by the entity; or

• (b) property derived or generated from property of the kind referred to in paragraph (a).

(2) The direction—

• (a) must be in writing signed by the Prime Minister; and

• (b) must specify the property concerned; and

• (c) may be subject to any terms and conditions the Prime Minister specifies.

(3) A person who has custody or control of property specified in the direction must allow the Official Assignee to take custody and control of that property in accordance with the direction.

(1) Notice of the making of a direction under section 48 must be given—

• (a) with all reasonable speed to the designated entity concerned, if practicable, where that entity or a representative of it is in New Zealand; and

• (b) to any other person that the Prime Minister has reason to believe may have an interest in the property concerned.

(2) No direction under section 48 is invalid just because notice of the making of it has not been given in the manner required by subsection (1)(a) or (b).

(1) Having made a direction under section 48, the Prime Minister may—

• (a) make another direction varying—

  • (i) the property to which the direction relates:

  • (ii) terms and conditions to which the direction is subject:

• (b) revoke the direction under section 48.

(2) The powers given by subsection (1)(a) and (b) are exercisable at any time after the making of the direction, and either on the Prime Minister's own initiative or on an application for the purpose in writing by or on behalf of the Official Assignee or a person who claims an interest in the property concerned.

(3) If not earlier revoked, a direction under section 48 in relation to property of an entity expires—

• (a) on the entity ceasing to be subject to the designation under section 22; or

• (ab) on the entity ceasing to be a United Nations listed terrorist entity; or

• (b) on a forfeiture order being made under section 55 in relation to the property concerned, in which case section 54 of the Proceeds of Crime Act 1991 (as modified and applied by section 57(c) of this Act) applies.

The following sections of the Proceeds of Crime Act 1991 apply, with the following (and all other necessary) modifications, to property that is the subject of a direction under section 48, as if that direction were a restraining order and a direction under section 42(1) of that Act:

• (a) section 50 (which relates to powers of the Official Assignee to preserve the property):

• (b) sections 57 and 58 (which relate to registration of directions, and make it an offence to dispose of or deal with the property in contravention of a direction, knowing that the direction has been made in respect of the property):

• (c) section 59 (which relates to applications to the High Court for orders that certain dispositions or dealings be set aside, except that the applications must be made by the Attorney-General, not by the Solicitor-General):

• (d) section 61 (which relates to the Official Assignee's liability for payment of rates, etc, on the property):

• (e) section 62 (which relates to an indemnity for the Official Assignee, except that the indemnity must relate only to the exercise or performance, or purported exercise or performance, or omission to exercise or perform, functions, duties, and powers of the Official Assignee under this Act):

• (f) section 63, except subsection (1)(b)(i) (which section relates to costs recoverable by the Official Assignee, and any regulations made under that Act for the purposes of that section apply, with all necessary modifications, accordingly):

• (g) sections 86 and 87 (which relate to the Official Assignee making and revoking delegations, except that the delegations must relate only to functions, duties, and powers of the Official Assignee under this Act).

Relief for third parties if property is subject to section 9 or application for forfeiture, or is forfeited

(1) A person who claims an interest in specified property that is subject to the prohibition in section 9 (not being property to which subsection (2) applies) may apply to the High Court for an order under section 54.

(2) A person who claims an interest in specified property that is the subject of an application, under section 55(1), for an order under section 55 (an order that the property is forfeited to the Crown) may, before the order under section 55 is made, apply to the High Court for an order under section 54.

(3) If not prevented by section 53, a person who claims an interest in specified property forfeited to the Crown under an order under section 55 may apply to the High Court for an order under section 54—

• (a) within 6 months after the date on which the order under section 55 is made; or

• (b) within any further time the Court allows on an application for that purpose made before or after the end of that 6-month period.

(4) No entity who is the subject of the designation concerned may make an application under this section.

(5) A person who makes an application under this section must serve notice of the application on the Attorney-General, who is a party to any proceedings on the application.

(1) A person on whom notice of the application for an order under section 55, or of any amendment to the application, was served, or who appeared at the hearing of the application, may apply under section 52(3) only with the leave of the Court.

(2) The Court must not grant leave unless there are special reasons for doing so.

(3) Without limiting the generality of subsection (2), the Court may grant leave if it is satisfied—

• (a) that the applicant had good reason for failing to attend the hearing of the application for an order under section 55; or

• (b) that evidence proposed to be adduced by the applicant in connection with the application under section 52(3) was not reasonably available to the applicant at the time of the hearing of the application for the order under section 55.

(1) Subsection (2) applies where—

• (a) a person applies to the High Court under section 52(1) or (2) or (3) in respect of an interest in property; and

• (b) the Court is satisfied that the applicant's claim to that interest is valid.

(2) The Court must, subject to subsection (3), make an order declaring the nature, extent, and value of the applicant's interest in the property and,—

• (a) if the application is under section 52(1), declaring that the interest is no longer subject to the prohibition in section 9:

• (b) if the application is under section 52(2),—

  • (i) directing that the interest must not be included in an order under section 55 made in respect of the proceedings that gave rise to the application; and

  • (ii) declaring that the interest is no longer subject to the prohibition in section 9:

• (c) if the application is under section 52(3), either—

  • (i) directing the Crown to transfer the interest to the applicant; or

  • (ii) declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court.

(3) The Court may, if it thinks fit, refuse to make an order under subsection (2), because it is satisfied that—

• (a) the applicant was knowingly involved in any way in the carrying out of the terrorist acts that are the basis of the designation of the entity as a designated terrorist entity, or is wholly owned or effectively controlled, directly or indirectly, by that entity; or

• (b) if the applicant acquired the interest at the time of or after the designation of the entity as a designated terrorist entity, the applicant did not acquire the interest in the property in good faith and for value, without knowing or having reason to believe that the property was, at the time of the acquisition, property subject to the prohibition in section 9.

(4) However, nothing in subsection (3) requires a refusal to make an order under subsection (2), or limits the circumstances in which the Court may refuse to make an order of that kind.

(1) The High Court may, on an application by the Attorney-General for the purpose, order that specified property is forfeited to the Crown if it is in New Zealand and is—

• (a) property owned or controlled, directly or indirectly, by an entity who is the subject of a designation under section 22 or is a United Nations listed terrorist entity; or

• (b) property derived or generated from property of the kind referred to in paragraph (a).

(2) However, an order of that kind may only be made if the Court considers it appropriate that the specified property not remain subject to the prohibition in section 9, but be forfeited to the Crown.

(3) In considering whether to make an order under this section in respect of particular property, the Court may have regard to—

• (a) any undue hardship that is reasonably likely to be caused to any person by the operation of such an order:

• (b) the nature and extent of the entity's interest in the property, and the nature and extent of other interests in it (if any).

(1) The Attorney-General is required to name as a respondent to an application under section 55 only those persons who are known to the Attorney-General to have an interest in the property that is the subject of the application.

(2) The Attorney-General must serve notice of an application under section 55 (in any manner, and within any time, the High Court may direct) on any person—

• (a) who there is reason to believe may have an interest in the property; and

• (b) that the High Court directs.

(3) Any person who claims an interest in the property is entitled to appear and to adduce evidence at the hearing of the application.

(4) Subsection (3) is subject to section 38.

The following sections of the Proceeds of Crime Act 1991 apply, with the following (and all other necessary) modifications, to the making, effect, operation, and discharge of an order under section 55, as if the order were a forfeiture order under section 15(1) of that Act:

• (a) section 15(3)(a) and (4) to (7) (which relate to the terms of the order and to any directions that are necessary and convenient for giving effect to it, including the issue of warrants authorising officers of Court to enter and search any place or thing and to seize any document required to effect the transfer of the property):

• (b) section 16 (which relates to the effect of the order, except that the reference in subsection (4)(b) to the Minister must be read as a reference to the Attorney-General, and references in subsections (5) and (6) to the making of a forfeiture order or the entering of a person's conviction must be read as references to the making of an order under section 55 and to the making of an order under section 35(2)):

• (c) section 54 (which relates to the Official Assignee discharging the order, except that—

  • (i) the reference to a restraining order must be read as a reference to a direction under section 48:

  • (ii) the direction to discharge must be given by the Attorney-General, not by the Minister:

  • (iii) in determining the relevant appeal period referred to in section 16 of that Act, references in section 16(5) and (6) of that Act to the making of a forfeiture order or the entering of a person's conviction must be read as references to the making of an order under section 55 and to the making of an order under section 35(2):

  • (iv) the reference to sections 17 to 23 of that Act must be read as a reference to sections 52 to 61 of this Act).

(1) A party to an application under section 55 may appeal to the Court of Appeal against the decision of the High Court.

(2) Subject to sections 38 and 40, the procedure for the appeal must be in accordance with rules of Court.

(3) For the avoidance of doubt, an appeal under subsection (1) is a civil proceeding for the purposes of the Supreme Court Act 2003.

(1) [Repealed]

(2) The revocation, under section 34, of a designation that has been renewed by an order made under section 35(2), does not discharge any order made under section 55 against property of the entity who was the subject of the designation.

(3) If an order under section 55 in respect of any property is discharged by a Court hearing an appeal, under section 58, against the making of the order, the Attorney-General must,—

• (a) as soon as practicable after the discharge of the order, serve notice of the discharge of the order under section 55 (in any manner, and within any time, the Court may direct) on any person who the Attorney-General has reason to believe may have had an interest in the property immediately before the making of the order; and

• (b) if required to do so by a Court, serve notice of the discharge of the order under section 55 (in any manner, and within any time, the Court may direct) on such persons as the Court may specify.

(4) Every notice under subsection (3) must include a statement that a person claiming an interest in the property may apply under subsection (5) for the transfer of the interest to that person.

(5) If an order under section 55 is discharged, any person claiming an interest in the property immediately before the making of the order may apply to the Attorney-General, in writing, for the transfer of the interest to that person.

(6) If the Attorney-General is satisfied that any claim made under subsection (5) in respect of any interest in property is valid, the Attorney-General must,—

• (a) if the interest is still vested in the Crown, arrange for the interest to be transferred to the claimant; or

• (b) in any other case, and subject to section 60, arrange for payment to the claimant of an amount equal to the value of the interest.

(1) In any case where there is any question as to the validity of any claim made under section 59(5),—

• (a) the Attorney-General may apply to the High Court for directions concerning the claim; and

• (b) the Court may give any directions in the matter it thinks just.

(2) If an application is made under subsection (1),—

• (a) the Attorney-General must serve notice of the application (in any manner, and within any time, the Court may direct) on every person that the Attorney-General has reason to believe may have an interest in the application:

• (b) the Court may, at any time before the final determination of the application, direct the Attorney-General to serve notice of the application (in any manner, and within any time, the Court may direct) on such persons as the Court may specify:

• (c) every person who claims an interest in the application is entitled to appear and to adduce evidence at the hearing of the application.

If, on an application made under section 52(3) in respect of any interest in any property, the Court has made an order under section 54(2)(c) declaring that there is payable by the Crown to the applicant an amount equal to the value of the interest declared by the Court, an amount equal to the amount so declared must be deducted from any amount required to be paid, under section 59(6)(b), to that applicant in respect of that interest.

A certificate that appears to be signed by, or on behalf of, the Secretary of Foreign Affairs and Trade, and that states that a State is, or is not, a State Party under the Bombings Convention, the Financing Convention, the Nuclear Material Convention, the Nuclear Terrorism Convention, or the Plastic Explosives Convention, is sufficient evidence of that matter unless the contrary is proved (for example, by the production of another certificate issued after the first certificate).

(1) Sections 64 and 65 apply whenever the Attorney-General receives information that there may be present in New Zealand a person who has committed, or is alleged to have committed, an offence referred to in article 2 of the Bombings Convention, or article 2 of the Financing Convention, or article 7 of the Nuclear Material Convention, or article 2 of the Nuclear Terrorism Convention, as the case requires.

(2) In sections 64 and 65, relevant States Parties means—

• (a) any States Parties that have established jurisdiction in accordance with article 6(1) or (2) of the Bombings Convention, or article 7(1) or (2) of the Financing Convention, or article 8 of the Nuclear Material Convention, or article 8 of the Nuclear Terrorism Convention; and

• (b) any other interested States Parties the Attorney-General considers it advisable to inform or notify.

When an investigation has been undertaken under New Zealand law of the facts contained in the information (being the investigation contemplated by article 7(1) of the Bombings Convention, or article 9(1) of the Financing Convention, or article 9 of the Nuclear Material Convention, or article 10 of the Nuclear Terrorism Convention, as the case requires, the Attorney-General must—

• (a) inform the relevant States Parties promptly of the findings of the investigation; and

• (b) indicate promptly to the relevant States Parties whether New Zealand intends to exercise jurisdiction.

If the measures taken under New Zealand law to ensure the person's presence for the purpose of prosecution or extradition (being the measures contemplated by article 7 of the Bombings Convention, or article 9 of the Financing Convention, or article 9 of the Nuclear Material Convention, or article 10 of the Nuclear Terrorism Convention, as the case requires) include taking the person into custody, the Attorney-General must, immediately after the person is taken into custody, notify the relevant States Parties, either directly or through the Secretary-General of the United Nations, of—

• (a) the fact that the person is in custody; and

• (b) the circumstances that justify the person's detention.

(1) This section applies to a person who is taken into custody in New Zealand as part of the measures referred to in section 65 and who is neither—

• (a) a New Zealand citizen; nor

• (b) a person who is ordinarily resident in New Zealand but is not a citizen of any State.

(2) Promptly after being taken into custody, a person to whom this section applies must be informed that he or she is entitled, and must be permitted,—

• (a) to communicate without delay with the nearest appropriate representative of the relevant State; and

• (b) to be visited by a representative of the relevant State.

(3) In subsection (2), relevant State, in relation to a person, means—

• (a) the State of which the person is a citizen; or

• (b) the State that is otherwise entitled to protect the person's rights; or

• (c) if the person is not a citizen of any State, the State in whose territory the person ordinarily resides.

(4) Nothing in this section affects any other rights of a person to whom this section applies.

(1) No proceedings for any offence against this Act may be instituted in any court except with the consent of the Attorney-General.

(2) However, a person alleged to have committed any offence against this Act may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent under subsection (1) has not been obtained.

(3) Despite subsections (1) and (2), nothing in this section applies in respect of an offence against section 43 or section 47 or section 47G.

If a person is prosecuted for terrorist bombing or financing of terrorism, the Attorney-General must communicate the final outcome of the proceedings promptly to the Secretary-General of the United Nations, so that he or she may transmit the information to other States Parties to the Bombings Convention or, as the case requires, the Financing Convention.

(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, terrorist bombing, financing of terrorism, and any nuclear material offence or nuclear terrorism offence are each, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the relevant date and for the time being in force between New Zealand and any country that is a party to any of the following conventions, or to which any of the following conventions extends:

• (a) the Bombings Convention; or

• (b) the Financing Convention; or

• (c) the Nuclear Material Convention, or

• (d) the Nuclear Terrorism Convention.

(2) If under subsection (1) an offence is deemed to be an offence described in an extradition treaty, no person may be surrendered for the offence in accordance with the Extradition Act 1999 if the conduct alleged to constitute the offence occurred before the relevant date.

(3) Subsection (2) does not prevent the person from being surrendered for an offence (other than terrorist bombing, financing of terrorism, a nuclear material offence, or a nuclear terrorism offence) described in the extradition treaty and constituted by conduct that also constitutes or may constitute terrorist bombing, financing of terrorism, a nuclear material offence, or a nuclear terrorism offence.

(4) In this section, relevant date,—

• (a) in relation to terrorist bombing or financing of terrorism, means 5 December 2002; and

• (b) in relation to a nuclear material offence, the date on which this section enters into force in relation to that offence; and

• (c) in relation to a nuclear terrorism offence, the date on which this section enters into force in relation to that offence.

Nothing in this Act affects the Proceeds of Crime Act 1991.

(1) Nothing in section 9 or section 10 or section 12 or section 13, or in any other provision of this Act giving effect to the Anti-terrorism Resolution, affects the United Nations Act 1946 or any regulations made under it.

(2) Without limiting the generality of subsection (1), regulations may be made under section 2 of the United Nations Act 1946 for the purpose of giving effect to the Anti-terrorism Resolution, or to other decisions of or on behalf of the Security Council of the United Nations that recall or reaffirm and are to give further or better effect to, the Anti-terrorism Resolution.

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

• (a) prescribing the forms of notices, reports, or other documents required under, or contemplated by, this Act, and requiring the use of the forms prescribed:

• (b) prescribing methods for the giving or publication or service of notices, reports, or other documents required by this Act to be given or published or served:

• (c) providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(1) The United Nations Sanctions (Terrorism Suppression and Afghanistan Measures) Regulations 2001 (SR 2001/351) are revoked.

(2) Regulation 20A of the United Nations Sanctions (Afghanistan) Regulations 2001 (SR 2001/26) is consequentially revoked.

Section 101A(2) of the Extradition Act 1999 is amended by adding the following paragraph:

Section 15(1) of the Financial Transactions Reporting Act 1996 is amended by inserting, after the words “section 19 of this Act”, the words “and to section 44(4) of the Terrorism Suppression Act 2002”.

Section 2(1) of the Immigration Act 1987 is amended by inserting in paragraph (d) of the definition of act of terrorism, after the expression “1980”, the expression “or the Maritime Crimes Act 1999 or against section 7(1) or section 8(1) of the Terrorism Suppression Act 2002”.

The Schedule of the Mutual Assistance in Criminal Matters Act 1992 is amended by inserting, in its appropriate numerical order, the following row:

The Schedule of the Mutual Assistance in Criminal Matters Act 1992 is amended by inserting, in its appropriate numerical order, the following row:

Section 2(1) of the Proceeds of Crime Act 1991 is amended by repealing the definition of tainted property, and substituting the following definition: