Customs Export Prohibition (Pounamu) Order 2021

2021/214

Coat of Arms of New Zealand

Customs Export Prohibition (Pounamu) Order 2021

Patsy Reddy, Governor-General

Order in Council

At Wellington this 16th day of August 2021

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under section 96 of the Customs and Excise Act 2018

(a)

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

(b)

on the recommendation of the Minister of Customs made after being satisfied of the matter set out in section 96(5) of that Act.

Order

1 Title

This order is the Customs Export Prohibition (Pounamu) Order 2021.

2 Commencement

This order comes into force on 1 October 2021.

3 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

4 Exportation of certain pounamu prohibited

(1)

The exportation of pounamu in its natural state, and partly or wholly processed pounamu, is prohibited.

(2)

However, a person may export the pounamu if the person—

(a)

has the consent of the Minister of Customs; and

(b)

does so in accordance with the terms of that consent.

(3)

The Minister may give their consent 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.

(4)

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.

(5)

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 the Te Runanga o Ngai Tahu Act 1996.

Schedule 1 Transitional, savings, and related provisions

cl 3

Part 1 Provisions relating to this order as made

There are no transitional, savings, or related provisions relating to this order as made.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order comes into force on 1 October 2021 and prohibits the exportation of certain New Zealand pounamu without the consent of the Minister of Customs.

This order continues the prohibition of the exportation of pounamu contained in clause 3 of the Customs Export Prohibition Order 2017, which expires at the close of 30 September 2021.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 31 December 2022, unless confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(b) of that Act. If the order is confirmed, it will continue until revoked or amended.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 August 2021.

This order is administered by the New Zealand Customs Service.