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.
These are available in three formats (current as at 2 May 2013):
- Designated terrorist entities [XLS, 859 KB]
- Designated terrorist entities [PDF, 631 KB]
- Designated terrorist entities [Word, 2.48 MB]
Legal Division
Private Bag 18 901
Wellington 5045
Tel: +64 4 439 8000
Fax: +64 4 439 8103
Email: lgl@mfat.govt.nz
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.
The following designations were renewed on 11 February 2013 - the renewal documents for the designation of these entities are:
- Statement of case to Renew ETA as a terrorist entity 2013 [PDF 153 KB]
- Statement of case to Renew FARC as a terrorist entity [PDF 151 KB]
- Statement of Case to Renew PKK as a terrorist entity [PDF 136 KB]
- Statement of Case to Renew Al Shabaab as a terrorist entity [PDF 145 KB]
For more information, see the statements of case (dated 10 February 2010) for the original designation of these groups.
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.
- Statement of case to designate The Revolutionary People's Liberation Party Front as a terrorist entity [PDF 160KB]
- Statement of case to designate The Shining Path as a terrorist entity [PDF 1.29MB]
- Statement of case to designate Jundallah as a terrorist entity [PDF 218KB]
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.
- Statement of case to designate the Ejercito de Liberacion Nacional as a terrorist entity [PDF 155KB]
- Statement of case to designate the Al-Aqsa Martyrs’ Brigades as a terrorist entity [PDF 159KB]
- Statement of case to designate Harkat-ul-Jihad-al-Islami, Bangladesh as a terrorist entity [PDF 188KB]
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.
- Statement of case to designate the Izz al-Din al-Qassam Brigades as a terrorist entity [PDF 172KB]
- Statement of case to designate the Indian Mujahideen as a terrorist entity [PDF 191KB]
- Statement of case to designate the Palestinian Islamic Jihad as a terrorist entity [PDF 164KB]
- Statement of case to designate the Continuity Irish Republican Army as a terrorist entity [PDF 186KB]
- Statement of case to designate the Real Irish Republican Army as a terrorist entity [PDF 163KB]
- Statement of case to designate the New People’s Army and the Communist Party of the Philippines as a terrorist entity [PDF 177KB]
- Statement of case to designate the military wing of Lebanese Hizbollah, Al-Muqawama al-Islamiyya (also known as 'The Islamic Resistance' or 'IR' as a terrorist entity) [PDF 223KB]
- Proposal to designate the Kurdistan Workers Party/ Partiya Karkeren Kurdistan ("PKK") as a terrorist entity [PDF 189KB]
- Proposal to designate the Revolutionary Armed Forces of Columbia/ Fuerzas Armadas Revolucionarias de Colombia (FARC) as a terrorist entity [PDF 186KB]
- Proposal to designate Euskadi Ta Askatasuna (ETA) as a terrorist entity [PDF 208KB]
- Proposal to designate Al Shabaab as a terrorist entity [PDF 188KB]
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
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).


