New Zealand's designated terrorist individuals and organisations

In October 2002, New Zealand enacted the Terrorism Suppression Act (TSA). The TSA establishes a legal framework for the suppression of terrorism. In particular, it is the mechanism by which New Zealand gives effect to the United Nations Security Council (“UNSC”) mandatory resolutions requiring UN member states to take certain steps to suppress terrorism. An important feature of this framework is the Prime Minister’s power under the TSA to designate individuals or groups as terrorist or associated entities. Designation can be on an “interim” (s 20 TSA) or “final” (s 22 TSA) basis.

There are two broad categories of entities that are affected by the TSA – entities listed by the UN as terrorist entities (by the UNSC’s 1267/1989 and 1988 Committee's) and non-UN listed entities designated under the TSA.

The two categories of entities described above reflect two different obligations:

First, New Zealand is specifically obliged to take action against those terrorist entities listed by the UNSC 1267/1989 and 1988 Committee's. UN listed entities are defined as designated terrorist entities in the TSA and so engage the criminal provisions of the TSA without the need for further designation under s 22. The UNSC listing process involves only Al-Qaida and the Taliban and associated individuals and organisations.

Secondly, and by contrast, while UNSC Resolution 1373 obliges New Zealand (inter alia) to outlaw the financing of, participation in and recruitment to, terrorist entities, it does not specifically identify those entities. The Resolution effectively leaves it to Member States to identify the entities against which they should act.

Information Regarding Lists associated with Resolutions 1267/1989 and 1988

These are available in three formats (current as at 30 January 2012):

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 either through Ministry of Foreign Affairs and Trade or alternatively, a request may be submitted directly to the Office of the Ombudsperson.  Requests should be directed to: 
   
Ministry of Foreign Affairs and Trade
Legal Division
Private Bag 18 901
Wellington 5045
Tel: +64 4 439 8000
Fax: +64 4 439 8103
Email: lgl@mfat.govt.nz
 
Or
Office of the Ombudsperson
Room TB-8041D
United Nations
New York, NY 10017
United States of America
Tel: +1 212 963 2671
Fax: +1 212 963 1300/3778
E-mail: ombudsperson@un.org

for further information regarding an application for delisting please go to http://www.un.org/en/sc/ombudsperson/application.shtml
 

Information Regarding 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.

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.

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.

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. 

The following entities were designated on 10 February 2010, the full statements of case for designation of these entities are attached in PDF format: 

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 satisy 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).