Pursuant to section 56 of the Customs and Excise Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and being of the opinion that the prohibition effected by this order is necessary in the public interest, makes the following order.

1 Title

2 Commencement

3 Expiry

4 Prohibited pounamu exports

5 Prohibited fisheries exports

6 Prohibited weapons and dual-use weapon-related exports

7 Prohibited goods or electronic publications for certain uses

Schedule
Prohibited weapons and dual-use weapon-related exports

Order

1 Title

This order is the Customs Export Prohibition Order 2008.

2 Commencement

This order comes into force on 1 October 2008.

Customs Export Prohibition Order 2008: confirmed, on 18 December 2009, by section 9(a) of the Subordinate Legislation (Confirmation and Validation) Act 2009 (2009 No 67).

3 Expiry

This order expires on the close of 30 September 2011.

4 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 such conditions (if any) not inconsistent with this prohibition that are imposed by, the Minister of Customs.
(2) The Minister may give his or her consent as provided in subclause (1) only on written advice—
- (a) from Te Runanga o Ngai Tahu; or
- (b) if the pounamu is extracted from the catchment of the Arahura river, from the Mawhera 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 kgs.
(4) In this clause,—

Mawhera Incorporation has the meaning given to that term by section 8 of the Ngai Tahu Claims Settlement Act 1998

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

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

5 Prohibited fisheries exports

The exportation of the following goods is prohibited, except with the consent of, and subject to such conditions (if any) not inconsistent with this prohibition that are imposed by, the Minister of Fisheries:
- (a) live New Zealand green-lipped mussels with a shell size of less than 50 mm in length:
- (b) toheroa.

6 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 such conditions (if any) not inconsistent with this prohibition that are imposed by, the Secretary of Foreign Affairs and Trade.

7 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 such conditions (if any) not inconsistent with this prohibition that 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 purposes 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 referred to in paragraph (a) or maintenance of military items; or
- (c) use of any unfinished products in a plant for the production of military items referred to in paragraph (a).
(4) For the purposes 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.

cls 6, 7

1 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 subclause (1) by electronic means to a person or place outside New Zealand.

2 Chemical weapons precursors and related electronic publications

(1) 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.

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

3 Biological agents and related electronic publications

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

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

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

(1) 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).*

(2) Any electronic publication used for the purpose of transferring any software or technology described in subclause (1) 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 website (www.mfat.govt.nz).

Michael Webster,
for Clerk of the Executive Council.

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

Date of notification in Gazette: 7 August 2008.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Customs Export Prohibition Order 2008. The reprint incorporates all the amendments to the order as at 1 October 2011, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Customs Export Prohibition Order 2011 (SR 2011/235): clause 8

Subordinate Legislation (Confirmation and Validation) Act 2009 (2009 No 67): section 9(a)

Customs Export Prohibition Order 2008