New Zealand

image

1. Does New Zealand have a sanctions regime in place?

As a member of the UN, New Zealand is obliged to implement the resolutions of the UNSC in respect of sanctions regimes. In New Zealand these sanctions regimes are implemented by regulations made under the United Nations Act 1946 (the “1946 Act”). Copies of the relevant regulations can be found on the Ministry of Foreign Affairs & Trade (“MFAT”) website: https://www.mfat.govt.nz/en/peace-rights-and-security/un-sanctions/ and are published in the government Gazette.

2. Does New Zealand implement UN sanctions?

Yes.

3. Does New Zealand implement an autonomous sanctions regime?

New Zealand does not have an autonomous sanctions regime as such, though from time to time it may implement its own sanctions – for example, following the 2006 coup in Fiji, New Zealand put travel sanctions in place (these were lifted in 2014).

4. What is the nature of the sanctions regime in New Zealand?

Each set of regulations differ, however, they generally prohibit:

  • all persons and entities in New Zealand,
  • New Zealand citizens overseas; and
  • entities incorporated under New Zealand law but operating outside of New Zealand.

from knowingly transferring, paying for, selling, assigning, disposing of or otherwise dealing with any asset, money or security that is owned or controlled by a Designated person or held by a specified entity and which is within New Zealand. Other restrictions in respect of trade and travel are also included within the relevant regulations.

5. Does New Zealand maintain a list of sanctioned individuals and entities?

The MFAT does not maintain a consolidated list of individuals/entities designated by the UN. The MFAT website instead provides links to the lists published by the UN.

6. Are there any other lists related to sanctions?

Yes. The New Zealand Police maintain lists of designated terrorist entities including, lists associated with Resolution 1373 and with Resolutions 1267/1989/2253 and 1988. See: https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities/lists-associated-with-resolutions-1267-1989-2253-1988; and https://www.police.govt.nz/advice/personal-community/counterterrorism/designated-entities/lists-associated-with-resolution-1373.

7. Does New Zealand have a licensing or authorization system in place?

No.

8. What are the consequences for a breach of sanctions in New Zealand?

Breaching regulations made under the 1946 Act is a criminal offense (section 3 of the 1946 Act). The penalty for breaching sanctions are as follows:

  • for an individual – up to 12 months imprisonment or a fine not exceeding $10,000; and
  • for a corporate entity – a fine not exceeding $100,000.

9. Who are the relevant regulators in New Zealand and what are their contact details?

Ministry of Foreign Affairs and Trade (“MFAT”)

Private Bag 18 901 Wellington New Zealand T: (+64) 4 439 8000 F: (+64) 4 472 9596

E: lgl@mfat.govt.nz (Legal Division)

Contributor law firm

David Quigg

Partner

Asha Stewart

Partner

Quigg Partners

Level 7

The Bayleys Building

36 Brandon Street

Wellington 6140

New Zealand

Explore other countries

© Eversheds Sutherland 2021. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.

Share this page