Designated terrorist entities

The risk of a terrorist attack in New Zealand is low, but Government is determined that New Zealand and New Zealanders be neither the target nor source of terrorist activities.

The designation of terrorist entities is one measure New Zealand takes to contribute to the international campaign against terrorism. The Terrorism Suppression Act 2002 (TSA) provides for a list of terrrorist entities to be established and maintained in New Zealand. Police are responsible for coordinating requests to the Prime Minister for designation as a terrorist entity.

A designation under New Zealand legislation freezes the assets of terrorist entities and makes it a criminal offence to participate in or support the activities of the designated terrorist entity. This includes in particular dealing with the property of the designated terrorist entity or making property or financial services available to the entity. Other support for terrorist activities such as fundraising and recruiting or harbouring terrorists is a criminal offence whether a group is designated or not.

New Zealand’s obligations to the United Nations

New Zealand has international counterterrorism obligations under two relevant United Nations Security Council (UNSC) Resolutions.

The UNSC 1267/1989 and 1988 Committees specifically obliges New Zealand to take action against those terrorist entities it lists. These UNSC-listed entities (Al-Qaeda and the Taliban and associated individuals and organisations) are included as designated terrorist entities in the TSA.

UNSC Resolution 1373 obliges New Zealand (among other things) to outlaw the financing of, participation in and recruitment to, terrorist entities. The Resolution does not specifically identify those terrorist entities, so effectively leaves it to Member States to identify the entities against which they should act.

Lists associated with Resolutions 1267/1989 and 1988

These are available in three formats (current 31 March 2014).

Any individual or group listed by the United Nations may apply to remove their name from the list. A New Zealand resident or citizen or any group whose members have New Zealand citizenship or residency may submit a request for delisting through the Ministry of Foreign Affairs and Trade or directly to the Office of the Ombudsperson.

Ministry of Foreign Affairs and Trade
Legal Division
Private Bag 18 901
Wellington 5045
T +64 4 439 8000
F +64 4 439 8103
E lgl@mfat.govt.nz

Office of the Ombudsperson
Room TB-8041D
United Nations
New York, NY 10017
United States of America
T +1 212 963 2671
F +1 212 963 1300/3778
E ombudsperson@un.org

For further information regarding an application for delisting please visit the website of the Office of the Ombudsperson of the Security Council’s 1267 Committee

Lists associated with Resolution 1373

Cabinet refined the agreed process for proposed designations of non-UN listed entities in October 2010. This paper sets out the legal framework and process for terrorist designations under the TSA after October 2010 and explains the Prime Minister’s discretion in making terrorist designations.

Statements of case to renew the designation of non-UN Listed Entities under UNSCR 1373

The following designations were renewed on 2 October 2013. View all of the renewal documents for the designation of these entities or select specific cases from the list below:

For more information see the statements of case below (dated 11 October and 15 December 2010) for the original designation of these groups.

The following designations were renewed on 11 February 2013. View all of the renewal documents for the designation of these entities or select specific cases from the list below:

For more information, see the statements of case (dated 10 February 2010) for the original designation of these groups.

Statements of Case to Designate non-UN Listed Entities under UNSCR 1373

These papers each set out the case demonstrating that each of the groups listed below meet the statutory criteria for designation as a terrorist entity within New Zealand under the TSA and were designated on 4 March 2014. View all the statement documents for the designation of these entities or select specific cases from the list below:

These papers each set out the case demonstrating that each of the groups listed below meet the statutory criteria for designation as a terrorist entity within New Zealand under the TSA and were designated on 12 September 2011. View all the statement documents for the designation of these entities or select specific cases from the list below:

These papers each set out the case demonstrating that each of the groups listed below meet the statutory criteria for designation as a terrorist entity within New Zealand under the TSA and were designated on 15 December 2010. View all the statement documents for the designation of these entities or select specific cases from the list below:

These papers each set out the case demonstrating that each of the groups listed below meet the statutory criteria for designation as a terrorist entity within New Zealand under the TSA and were designated on 11 October 2010. View all the statement documents for the designation of these entities or select specific cases from the list below:

These papers each set out the case demonstrating that each of the groups listed below meet the statutory criteria for designation as a terrorist entity within New Zealand under the TSA and were designated on 10 February 2010. View all the statement documents for the designation of these entities or select specific cases from the list below:

Application for revocation of the designation

A designated entity or a third party with an interest in the designation can apply to the Prime Minister for revocation of the designation (s 34 TSA).

An application must be based on the grounds set out at s 34(3) TSA. Those are:

(a) That the designation should not stand because the entity concerned does not satisfy the test stated in s 20(1) or (3) (for interim designations) or s 22(1) or (3) (for final designations);
or
(b) That the entity concerned is no longer involved in any way in acts of the kind that made, or that would make, the entity eligible for designation.

Applications should be directed to:

Prime Minister
Executive Wing
Parliament Buildings
Wellington 6160

The TSA also allows a designation to be judicially reviewed (s 33).