97Prohibition on exports by notice: nuclear, biological, and chemical weapons, etc

1. The Secretary may, by notice after consultation with the Minister, prohibit the exportation of goods described by any use to which they may be put, if the Secretary considers that the prohibition is necessary in the public interest.

2. A notice under subsection (1) must describe goods by reference only to uses that relate (directly or indirectly) to 1 or more of the following purposes:

3. the development, production, or deployment of nuclear explosive devices and their means of delivery:
4. the development, production, or deployment of biological weapons and their means of delivery:
5. the development, production, or deployment of chemical weapons and their means of delivery:
6. military use or applications:
7. the development, production, or deployment of military goods or other goods that have a civilian use but that are intended for military use or that may have military applications:
8. terrorist acts.

9. A prohibition in a notice under subsection (1) may—

10. be general or be limited to the exportation of goods—
    1. to a specified place:
    2. by or to a specified person or class of persons:
11. be subject to conditions.

12. A conditional prohibition may allow the exportation of goods under the terms of a licence, permit, or consent granted by—

13. the chief executive; or
14. any other person named in the notice.

15. A licence, permit, or consent under subsection (4) may be granted before or after the exportation of the goods.

16. A prohibition in a notice under subsection (1) applies to any goods only if the Secretary has determined that the goods are covered by the prohibition.

17. If the Secretary makes a determination under subsection (6) in respect of any goods, the Secretary must notify the chief executive and each relevant exporter as soon as practicable.

18. If a person (the exporter) is aware, or should reasonably be aware, that any goods that the exporter wishes to export are intended for, or may be put to, any of the uses set out in a notice under subsection (1),—

19. the exporter must inform the Secretary; and
20. the Secretary must, as soon as practicable,—
    1. decide whether to make a determination under subsection (6) in respect of the goods; and
    2. either—
       1. make a determination and notify the chief executive and the exporter in accordance with subsection (7); or
       2. notify the exporter that the Secretary is not going to make a determination; and
21. the exportation of the goods is prohibited until the exporter receives the Secretary’s notification under paragraph (b)(ii).

22. A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

23. In this section,—

    biological weapon has the meaning given to that term in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987

    chemical weapons has the meaning given to that term in Article II of the Schedule of the Chemical Weapons (Prohibition) Act 1996

    goods includes documents that are not otherwise goods

    military includes any armed force, paramilitary force, Police force, or militia

    nuclear explosive device has the meaning given to that term in section 2 of the New Zealand Nuclear Free Zone, Disarmament, and Arms Control Act 1987

    Secretary means the Secretary of Foreign Affairs and Trade

    terrorist act has the meaning given to that term in section 5 of the Terrorism Suppression Act 2002.

24. Documents that are not otherwise goods and whose exportation is prohibited under this section—

25. are goods for the purposes of the rest of this Act as it applies in relation to exported goods or the exportation of goods (including (without limitation) for the purposes of the definition of prohibited exports in section 5(1)); but
26. are not goods for the purposes of section 12 of the Goods and Services Tax Act 1985.