Customs Export Prohibition Order 2017: revoked, on the close of 30 September 2021, by Schedule 1 clause 7(1A)(b) of the Customs and Excise Act 2018 (2018 No 4).

Patsy Reddy, Governor-General

Order in Council

At Wellington this 7th day of August 2017

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the New Zealand Customs Service.

This order is made under section 56 of the Customs and Excise Act 1996—

(a)

on the advice and with the consent of the Executive Council; and

(b)

after the precondition specified in that section has been met.

1	Title
2	Commencement
3	Prohibited pounamu exports
4	Prohibited fisheries exports [Revoked]
5	Prohibited weapons and dual-use weapon-related exports
6	Prohibited goods or electronic publications for certain uses
7	Revocation
	Schedule Prohibited weapons and dual-use weapon-related exports
	Gazette Information
	Notes

Order

1 Title

This order is the Customs Export Prohibition Order 2017.

2 Commencement

This order comes into force on 1 October 2017.

Order: confirmed, on 19 December 2018, by section 11(a) of the Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56).

3 Prohibited pounamu exports

(1)

The exportation of pounamu in its natural state, and partly or wholly processed pounamu, is prohibited, except with the consent of, and subject to any conditions not inconsistent with this prohibition as are imposed by, the Minister of Customs.

(2)

The Minister may give his or her consent under subclause (1) only on written advice—

(a)

from Te Rūnanga o Ngāi Tahu; or

(b)

if the pounamu is extracted from the catchment of the Arahura river, from the Māwhera Incorporation.

(3)

This prohibition does not apply to—

(a)

articles made from pounamu (for example, jewellery, pendants, or sculptures containing pounamu):

(b)

consignments that are being exported by a single exporter and in which the total weight of pounamu does not exceed 5 kg.

(4)

In this clause,—

Māwhera Incorporation has the meaning given to it by section 8 of the Ngāi Tahu Claims Settlement Act 1998

pounamu has the meaning given to it by section 2 of the Ngai Tahu (Pounamu Vesting) Act 1997

Te Rūnanga o Ngāi Tahu means Te Rūnanga o Ngāi Tahu as established by section 6 of Te Runanga o Ngai Tahu Act 1996.

4 Prohibited fisheries exports

[Revoked]

Clause 4: revoked, on the close of 30 September 2019, by clause 4(2).

5 Prohibited weapons and dual-use weapon-related exports

The exportation of the goods or electronic publications specified in the Schedule is prohibited, except with the consent of, and subject to any conditions not inconsistent with this prohibition as are imposed by, the Secretary of Foreign Affairs and Trade.

6 Prohibited goods or electronic publications for certain uses

(1)

The exportation of the goods or electronic publications specified in subclause (2) but not specified in the Schedule is prohibited, except with the consent of, and subject to any conditions not inconsistent with this prohibition as are imposed by, the Secretary of Foreign Affairs and Trade.

(2)

The goods and electronic publications referred to in subclause (1) are goods or electronic publications that are determined by the Secretary of Foreign Affairs and Trade to be goods or electronic publications that are or may be intended for use relating, directly or indirectly, to any or all of the following:

(a)

the development, production, or deployment of nuclear explosive devices (as defined in the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

(b)

the development, production, or deployment of biological weapons (as defined in the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987) and their means of delivery:

(c)

the development, production, or deployment of chemical weapons (as defined in the Chemical Weapons (Prohibition) Act 1996) and their means of delivery:

(d)

a military end-use, if the country of destination is subject to a United Nations Security Council arms embargo and the subject of regulations under section 2 of the United Nations Act 1946:

(e)

use as parts or components of military items that fall within categories ML1–ML22 that have been unlawfully exported from New Zealand.

(3)

For the purpose of subclause (2)(d), military end-use means—

(a)

incorporation into military items that fall within categories ML1–ML22; or

(b)

use of production or testing of analytical equipment and components in relation to the development, production, or maintenance of military items referred to in paragraph (a); or

(c)

use of any unfinished products in a plant for the production of military items referred to in paragraph (a).

(4)

For the purpose of this clause, categories ML1–ML22 means categories ML1–ML22 set out in the New Zealand Strategic Goods List maintained by the Ministry of Foreign Affairs and Trade.

7 Revocation

The Customs Export Prohibition Order 2014 (LI 2014/256) is revoked.

Schedule Prohibited weapons and dual-use weapon-related exports

cls 5, 6

Nuclear weapon-related dual-use goods and related electronic publications

1

Dual-use goods that may have application in a nuclear weapons programme (including associated software and technologies).*

2

Any electronic publication used for the purpose of transferring any software or technology described in item 1 by electronic means to a person or place outside New Zealand.

Chemical weapons precursors and related electronic publications

3

Precursor chemicals and dual-use goods used in their production, development, or use (including associated software and technologies),* except where those chemicals are subject to prohibitions and consents applying by virtue of section 10 of the Chemical Weapons (Prohibition) Act 1996.

4

Any electronic publication used for the purpose of transferring any software or technology described in item 3 by electronic means to a person or place outside New Zealand.

Biological agents and related electronic publications

5

Biological agents and dual-use goods used in their production, development, or use (including associated software and technologies).*

6

Any electronic publication used for the purpose of transferring any software or technology described in item 5 by electronic means to a person or place outside New Zealand.

Certain conventional weapons, other dual-use goods, and related electronic publications

7

Certain conventional weapons and other dual-use goods that are intended for military use or may have military applications or may be used for the production of military goods or goods that may have military applications (including associated software and technologies).*

8

Any electronic publication used for the purpose of transferring any software or technology described in item 7 by electronic means to a person or place outside New Zealand.

*Note

The New Zealand Strategic Goods List, which lists the items, software, and technologies concerned, is available on the Ministry of Foreign Affairs and Trade Internet site (http://www.mfat.govt.nz).

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 August 2017.

Reprints notes

1 General

This is a reprint of the Customs Export Prohibition Order 2017 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56): section 11(a)

Customs and Excise Act 2018 (2018 No 4): Schedule 1 clause 7(1A)(b)

Customs Export Prohibition Order 2017 (LI 2017/213): clause 4(2)

Customs Export Prohibition Order 2017