United Nations Sanctions (Guinea-Bissau) Regulations 2012

2012/318

Coat of Arms of New Zealand

United Nations Sanctions (Guinea-Bissau) Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 23rd day of October 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 2 of the United Nations Act 1946, His Excellency the Governor-General, makes the following regulations—

  • (a) acting on the advice and with the consent of the Executive Council; and

  • (b) for the purpose of giving effect to resolution 2048 (2012) of the Security Council of the United Nations, adopted pursuant to the United Nations Charter on 18 May 2012, calling upon the Government of New Zealand and all other member States of the United Nations to apply in respect of Guinea-Bissau the measures set out in that resolution.

Regulations

1 Title

  • These regulations are the United Nations Sanctions (Guinea-Bissau) Regulations 2012.

2 Commencement

  • These regulations come into force on 30 November 2012.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    Committee means the Committee established by paragraph 9 of resolution 2048

    designated person means an individual listed in the Annex of resolution 2048 or designated by the Committee under paragraph 9(b) of resolution 2048

    resolution 2048 means resolution 2048 (2012) of the Security Council of the United Nations adopted on 18 May 2012.

4 Designated persons to enter New Zealand only if consistent with determinations of Security Council

  • (1) No designated person may enter New Zealand, or transit through New Zealand, if the entry or transit would be contrary to a determination of the Security Council of the United Nations made under Article 41 of the Charter of the United Nations.

    (2) Subclause (1) does not apply to a designated person who is a New Zealand citizen.

    (3) Subclause (1) does not apply so as to prevent a person from entering or transiting through New Zealand if—

    • (a) the Committee has determined that the entry or transit is justified on the grounds of humanitarian need, including religious obligation; or

    • (b) the entry or transit is necessary to give effect to a judicial process; or

    • (c) the Committee has determined that the entry or transit would further the objectives of resolution 2048.

    (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclauses (1) to (3).

    (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and of any regulations made under that Act.

Michael Webster,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 30 November 2012, give effect to resolution 2048 (2012) of the Security Council of the United Nations adopted on 18 May 2012. Resolution 2048 (2012) concerns Guinea-Bissau and calls for the imposition of a travel ban on designated persons.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 October 2012.

These regulations are administered by the Ministry of Foreign Affairs and Trade.