Terrorism Suppression (Control Orders) Act 2019

6 Meaning of relevant person
Definition: relevant returner or relevant offender

(1AA)

A relevant person means a person who is—

(a)

a person to whom subsection (1) applies (and who, in this Act, is called, under section 5, a relevant returner); or

(b)

a person to whom subsection (5) applies (and who, in this Act, is called, under section 5, a relevant offender).

Engagement in terrorism-related activities in foreign country

(1)

This subsection applies to a person who is 18 years old or older, who is or may be coming to New Zealand or has arrived in New Zealand, and who before their arrival in New Zealand—

(a)

engaged in terrorism-related activities (see section 8(1)) in a foreign country; or

(b)

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

(c)

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

(d)

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

(e)

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

(2)

Subsection (1) applies whether or not the person is, or is connected to, a designated terrorist entity because of conduct that is or includes those activities.

(3)

Subsection (1) (except subsection (1)(c)) applies even if the person has been prosecuted in a foreign country for, but was not convicted in a foreign country of, an offence because of conduct that is or includes those activities or, as the case requires, that is or includes travelling, or attempting to travel, to a foreign country to engage in those activities in a foreign country.

(4)

Subsection (1) applies even if the person is, or may be, a returning offender, or returning prisoner, who is subject to all or any of the Returning Offenders (Management and Information) Act 2015.

Commission of terrorism-related New Zealand offence punished by determinate sentence of imprisonment

(5)

This subsection applies to a person who is 18 years old or older and—

(a)

who, on or after the commencement date of the Counter-Terrorism Legislation Act 2021, committed, and was convicted of, a terrorism-related New Zealand offence (see section 8A); and

(b)

who was sentenced, on or after that commencement date, for that offence, to a determinate sentence of imprisonment; and

(c)

whose statutory release date, or whose last day as an offender who is subject to release conditions, for 1 or more sentences of imprisonment that are or include that determinate sentence of imprisonment, is after that commencement date.

Section 6(1AA) heading: inserted, on 5 October 2021, by section 45(1) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 6(1AA): inserted, on 5 October 2021, by section 45(1) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 6(1) heading: inserted, on 5 October 2021, by section 45(1) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 6(1): amended, on 5 October 2021, by section 45(2) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 6(5) heading: inserted, on 5 October 2021, by section 45(3) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).

Section 6(5): inserted, on 5 October 2021, by section 45(3) of the Counter-Terrorism Legislation Act 2021 (2021 No 37).