2022/128
Cindy Kiro, Governor-General
At Wellington this 9th day of May 2022
Present:The Right Hon Jacinda Ardern presiding in Council
These regulations are made under sections 9 and 32 of the Russia Sanctions Act 2022—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister of Foreign Affairs made in accordance with sections 8 and 32(1)(c) of that Act.
These regulations are the Russia Sanctions Amendment Regulations (No 4) 2022.
These regulations come into force on 11 May 2022.
These regulations amend the Russia Sanctions Regulations 2022.
In regulation 5(1), insert in its appropriate alphabetical order:
relative, in relation to a sanctioned person, means—
the sanctioned person’s spouse, civil union partner, or de facto partner; or
any child, stepchild, sibling, step-sibling, parent, or step-parent of the sanctioned person
(1)
In regulation 11(2), replace “services that are” with “a service that is”.
“services that are”
“a service that is”
(2)
After regulation 11(2), insert:
(3)
However,—
subclause (2)(b) does not apply to an online service that is available, free of charge, to the public:
despite subclause (2)(b), a New Zealand person who is not a sanctioned person may use or receive a service that is also provided to, or for the benefit of, a sanctioned person.
In Schedule 2, table, Part 1, insert in their appropriate alphabetical order the items set out in Part 1 of the Schedule of these regulations.
In Schedule 2, table, Part 2, insert in their appropriate alphabetical order the items set out in Part 2 of the Schedule of these regulations.
In Schedule 2, table, Part 3, after the item relating to regulation 8, insert:
In Schedule 2, table, Part 3, after the item relating to regulation 9, insert:
In Schedule 2, table, Part 3, after the item relating to regulation 10, insert:
(4)
In Schedule 2, table, Part 3, after the item relating to regulation 10A, insert:
rr 6, 7
Michael Webster,Clerk of the Executive Council.
These regulations, which come into force on 11 May 2022, amend the Russia Sanctions Regulations 2022 (the principal regulations).
All the amendments fulfil the purpose of the regulations, which is to give effect to the Russia Sanctions Act 2022 by imposing sanctions in response to Russia’s military actions in relation to Ukraine (and in response to any assistance from any other country or person).
Regulation 11 of the principal regulations (which prohibits certain dealings with services) is amended to clarify the scope of that regulation (regulation 5). Two effects of the amendments are illustrated by the following examples:
if a New Zealand person provides a news service that is available for free on the Internet, the prohibition in regulation 11 does not apply to the service (new regulation 11(3)(a)):
if a sanctioned person uses an online shopping service, that fact does not prohibit a New Zealand person from using the same service (new regulation 11(3)(b)).
Additional sanctions are added to the sanctions regime as follows:
new names are added, so that the principal regulations apply to more entities (regulation 6) and more individuals (regulation 7):
a new class of persons is added, namely relatives of sanctioned persons (regulation 8). A definition of relative is added to the principal regulations for this purpose (regulation 4).
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 10 May 2022.
These regulations are administered by the Ministry of Foreign Affairs and Trade.