Terrorism Suppression Act 2002

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Version as at 10 May 2023

Terrorism Suppression Act 2002

Public Act		2002 No 34
Date of assent		17 October 2002
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Foreign Affairs and Trade and the Ministry of Justice.

1	Title
	Part 1 Preliminary provisions
2	Commencement
3	Purpose of this Act
4	Interpretation
5	Terrorist act defined
5A	Carrying out and facilitating terrorist acts
5B	Transitional, savings, and related provisions
6	Act binds the Crown
	Part 2 Suppression of terrorism
	Terrorist act
6A	Terrorist act: credible threat, attempt, and carrying out
6B	Terrorist act: planning or other preparations to carry out
	Terrorist bombing
7	Terrorist bombing
	Financing of terrorism
8	Financing of, or provision of material support for, terrorism
	Dealing with property
9	Prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity
	Making property, or material support, available
10	Prohibition on making property, or material support, available to designated terrorist entity
	Authorisations to deal with property, or to make property, or material support, available
11	Authorisations by Prime Minister
	Recruitment of members of terrorist groups
12	Recruiting members of terrorist groups
	Participation in terrorist groups
13	Participating in terrorist groups
	Weapons training or combat training for terrorist purposes
13AA	Providing or receiving weapons training or combat training for terrorist purposes
	Harbouring or concealing terrorists
13A	Harbouring or concealing terrorists
	Offences relating to plastic explosives and nuclear materials
13B	Offences involving use and movement of unmarked plastic explosives
13C	Offences involving physical protection of nuclear material
	Importation, acquisition, possession, or control of radioactive material
13D	Importation, acquisition, etc, of radioactive material
	Offences involving radioactive material and radioactive devices
13E	Offences involving radioactive material and radioactive devices
	Travelling intending to commit specified offence
13F	Travelling intending to commit specified offence
	Extraterritorial jurisdiction
14	Offences also apply in certain cases outside New Zealand
15	Offences apply to acts outside New Zealand by New Zealand citizens or on New Zealand aircraft and ships
16	Further acts outside New Zealand to which terrorist bombing applies
17	Further acts outside New Zealand to which financing of, or provision of material support for, terrorism applies
18	Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited
19	Application of Crimes Act 1961
	Interim designation
20	Interim designation as terrorist or associated entity
21	Further provisions relating to interim designation
	Final designation
22	Final designation as terrorist or associated entity
23	Further provisions relating to final designation
	Further provisions relating to interim and final designations
24	Entity or property need not be in New Zealand
25	Carrying out and facilitating terrorist acts [Repealed]
26	Content of notice to designated entity
27	Content of notice to public and others
28	Further notification of making of designation
29	Designations not invalid for certain reasons
29A	Changes of description of designated entities
	Material on which designations may be based
30	Information available to Prime Minister
31	United Nations Security Council information [Repealed]
32	Classified security information defined
	Review, revocation, and expiry of designations
33	Judicial review of designations
34	Revocation of designations
35	Designations under section 22 to expire after 3 years unless renewed by Prime Minister
	Effect on final designation if entity imprisoned
35A	Effect on final designation if entity imprisoned
35B	Certain revocation applications stopped
35C	Duration of designation extended (3-year period until expiry paused)
35D	Periodic review whether designation no longer justified
35E	Periodic review: when designation no longer justified
35F	Periodic review: procedure
35G	Definition: when entity is imprisoned
	Classified security information, and notification
36	Applications under section 35 and related proceedings [Repealed]
37	Grounds for orders under section 35(2) [Repealed]
38	Procedure in proceedings involving classified security information
39	Procedure in other cases involving classified security information [Repealed]
40	Ancillary general practices and procedures to protect classified security information
41	Appeal against decision on application under section 35 [Repealed]
42	Notification of revocation, expiry, or invalidity of designations
	Duty to report suspicions relating to property
43	Suspicions that property owned or controlled by designated terrorist entities to be reported
44	Nature of suspicious property report
45	Privileged communication defined
46	Protection of persons
47	Protection of identity of persons making reports
	Customs’ powers in relation to certain property
47A	Detention of goods suspected to be terrorist property
47B	Return of cash necessary to satisfy basic needs
47C	Further provisions about detention under section 47A
47D	Return of goods detained under section 47A
47E	Extension of 7-day period in section 47D(1)(a)
47F	Custody of certain goods detained under section 47A
47G	Offences in relation to certain detained goods
	Management of property subject to section 9
48	Direction that Official Assignee take control of property
49	Notice of direction
50	Variation, revocation, or expiry of direction
51	Further provisions on management of property subject to section 9
	Relief for third parties if property is subject to section 9 or application for forfeiture, or is forfeited
52	Third parties may apply for relief
53	Limits on applications under section 52(3)
54	Court may grant relief to third party
	Forfeiture
55	Forfeiture of property by order of High Court
56	Notice of application under section 55
57	Further provisions relating to orders under section 55
58	Appeal against decision on application under section 55
59	Discharge of order under section 55 on appeal
60	Attorney-General may apply for directions
61	Double benefit not permitted
	Part 3 Miscellaneous provisions
	Evidence that States are, or are not, Parties to Conventions
62	Certificates as to States Parties under Conventions
	Investigation and prosecution of offences against Act or referred to in Conventions
63	Application of sections 64 and 65
64	Attorney-General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction
65	Attorney-General to notify relevant States Parties if person taken into custody
66	Rights of certain persons taken into custody to communicate with consular representative, etc
67	Attorney-General’s consent to prosecutions required
68	Attorney-General to communicate outcome of prosecution
	Extradition
69	Offences deemed to be included in extradition treaties
	Review of provisions to implement Anti-terrorism Resolution [Repealed]
70	Review of operation of certain provisions of this Act [Repealed]
	Relationship with other enactments
71	Criminal Proceeds (Recovery) Act 2009 not affected
72	United Nations Act 1946 not affected
	Regulations
73	Regulations
	Revocations
74	Revocations
75	Saving and transitional provision relating to specified entities [Repealed]
	Amendment to Extradition Act 1999 [Repealed]
76	Amendment to Extradition Act 1999 [Repealed]
	Amendment to Financial Transactions Reporting Act 1996 [Repealed]
77	Amendment to Financial Transactions Reporting Act 1996 [Repealed]
	Amendment to Immigration Act 1987 [Repealed]
78	Amendment to Immigration Act 1987 [Repealed]
	Amendments to Mutual Assistance in Criminal Matters Act 1992 [Repealed]
79	Schedule amended to refer to Bombings Convention [Repealed]
80	Schedule amended to refer to Financing Convention [Repealed]
	Amendment to Proceeds of Crime Act 1991 [Repealed]
81	Amendment to Proceeds of Crime Act 1991 [Repealed]
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 International Convention for the Suppression of Terrorist Bombings
	Schedule 2 International Convention for the Suppression of the Financing of Terrorism
	Schedule 2A Convention on the Physical Protection of Nuclear Material and Nuclear Facilities
	Schedule 2B Convention on the Marking of Plastic Explosives for the Purpose of Detection
	Schedule 2C Nuclear Terrorism Convention
	Schedule 3 Specified terrorism conventions
	Schedule 4 United Nations Security Council Resolution 1373 (2001)
	Schedule 4A United Nations Security Council Resolution 1267 (1999)
	Schedule 4B United Nations Security Council Resolution 1333 (2000)
	Schedule 4C United Nations Security Council Resolution 1390 (2002)
	Schedule 4D United Nations Security Council Resolution 2178 (2014)
	Schedule 4E Applicable maximum penalties for offence against section 13F(1)
	Schedule 5 Details to be included in suspicious property reports
	Terrorism Suppression Amendment Act 2007
	Notes

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