Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834351361.pdf (New Zealand)
Terrorism Suppression (Control Orders) Bill Government Bill As reported from the committee of the whole House 183—3 Terrorism Suppression (Control Orders) Bill Key to symbols used in reprinted bill As reported from the committee of the whole House text inserted text deleted Hon Andrew Little Terrorism Suppression (Control Orders) Bill Government Bill Contents 6A Title Commencement Part 1 Preliminary provisions Purpose of this Act Overview of decisions in making control order Interpretation Meaning of relevant person Duty to have regard to specified aspects of evidence relied on Meaning of engagement in terrorism-related activities Status of examples Transitional, savings, and related provisions Act binds the Crown Part 2 Control orders Making and content Power to make Required content Application Application required Application for interim control order Application for final control order Examples of rRequirements that may be imposed Examples of rRequirements that may be imposed 183—3 Page 2 3 3 3 3 4 5 5 6 6 6 7 7 8 8 9 10 1 cl 1 Terrorism Suppression (Control Orders) Bill 26 27 28 29 30 31 32 33 34 35 36 37 Limits on requirements Limit on requiring relevant person to remain at specified address Limit on requiring electronic monitoring Limit on requiring relevant person to engage with specified rehabilitative services Service Service of control order Information to be served with interim control order made without notice Entry to premises to serve control order Taking effect, duration, and renewal Taking effect Duration Renewal Variation or discharge, and suspension or expiry, of control order and requirements Variation or discharge Suspension Expiry if relevant person sentenced to long-term sentence General effect of appeals Appeals Other matters Standard of proof Offence to breach requirements Automatic suppression of identity of relevant person Offence to breach automatic suppression of identity Returning Offenders (Management and Information) Act 2015 Additional requirements for decisions that supporting information is not disclosable Amendment to Legal Services Act 2011 Review of Act Schedule 1 Transitional, savings, and related provisions Schedule 2 Overview of decisions in making control order The Parliament of New Zealand enacts as follows: Title This Act is the Terrorism Suppression (Control Orders) Act 2019.
1 2 12 12 12 12 13 14 14 14 15 15 16 16 17 17 17 17 18 19 19 20 20 21 22 Terrorism Suppression (Control Orders) Bill Part 1 cl 5 2 Commencement This Act comes into force on the day after the date of Royal assent.
Part 1 Preliminary provisions 3 Purpose of this Act 5 The purpose of this Act is to allow requirements to be imposed on a rele- vant person by a control order for the following purposes: (a) (b) (c) Main purposes to protect the public from terrorism: to prevent engagement in terrorism-related activities in a country: 10 Incidental purposes to support the relevant person’s reintegration into New Zealand or rehabilitation, or both.
Compare: Criminal Code Act 1995 s 104.1 (Australia) 4 Overview of decisions in making control order (1) A diagrammatic overview of decisions in making a control order is set out in Schedule 2.

The diagram is intended as a guide only.
(2) Compare: 2004 No 38 s 3; 2006 No 84 s 5; 2007 No 97 s AA 2(1); 2008 No 28 s 5; 2008 No 38 s 3 5 Interpretation In this Act, unless the context otherwise requires,— accessory after the fact, in relation to terrorism, means a person (A) who, knowing any other person (B) to have been a party to the terrorism, receives, comforts, or assists B or tampers with or actively suppresses any evidence against B, in order to enable B to escape after arrest or to avoid arrest or con- viction Commissioner means a person who is— 15 20 25 (a) (b) the Commissioner of Police holding office under section 12 of the Polic- ing Act 2008; or an acting Commissioner of Police appointed or deemed to be appointed under section 15 of that Act 30 constable has the meaning in section 4 of the Policing Act 2008 control order means an interim control order or a final control order made under section 11(1) country includes any State, territory, province, or other part of a country 35 3 Part 1 cl 6 Terrorism Suppression (Control Orders) Bill court means the High Court designated terrorist entity has the meaning in section 4(1) of the Terrorism Suppression Act 2002 disclosable supporting information, for an application for, or for the renewal, variation, or discharge of, a control order, means all information supporting the application that can be disclosed in accordance with all current directions, orders, or other relevant decisions, if any, of the court 5 engages in terrorism-related activities has the meaning in section 7(1) foreign country means a country other than New Zealand long-term sentence has the meaning in section 4(1) of the Parole Act 2002 10 Minister, in relation to this Act, means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is respon- sible for the administration of this Act other party, in relation to terrorism, means a person who is not a or the princi- pal party but who— 15 (a) (b) (c) does or omits an act for the purpose of aiding any person to commit the
 terrorism; or abets any person in the commission of the terrorism; or incites, counsels, or procures any person to commit the terrorism principal party, in relation to terrorism, means a person who (alone or with any other person or other people) actually commits the terrorism 20 prison has the meaning in section 3(1) of the Corrections Act 2004 relevant person has the meaning in section 6 requirements, of a control order, means the prohibitions, restrictions, or other requirements that the order imposes, in accordance with this Act, on the rele- vant person in respect of whom the order is made short-term sentence has the meaning in section 4(1) of the Parole Act 2002 terrorism means a terrorist act as defined in section 5(1) of the Terrorism Sup- pression Act 2002.
6 Meaning of relevant person (1) A relevant person is a person who is 18 years old or older, who is or may be coming to New Zealand or has arrived in New Zealand, and who before their arrival in New Zealand— 25 30 (a) (b) engaged in terrorism-related activities (see section 7(1)) in a for- eign country; or 35 travelled, or attempted to travel, to a foreign country to engage in terror- ism-related activities in a foreign country; or 4 Terrorism Suppression (Control Orders) Bill Part 1 cl 7 (c) was convicted in a foreign country of an offence because of conduct that is or includes engaging in terrorism-related activities in a foreign coun- try; or (d) was deported from, had a visa cancelled by, or had any passport, citizen- ship, or nationality revoked by, a foreign country for reasons that are or include a security risk related to conduct that is or includes engaging in terrorism-related activities in a foreign country; or (e) is or was the subject of any control order regime, or other analogous supervisory regime, in a foreign country, because of conduct that is or includes engaging in terrorism-related activities in a foreign country.
Subsection (1) applies whether or not the person is, or is connected to, a des- ignated terrorist entity because of conduct that is or includes those activities.
Subsection (1) (except subsection (1)(c)) applies even if the person has been prosecuted in a foreign country for, but was not convicted in a foreign country of, an offence because of conduct that is or includes those activities or, as the case requires, that is or includes travelling, or attempting to travel, to a foreign country to engage in those activities in a foreign country.
Subsection (1) applies even if the person is, or may be, a returning offender, or returning prisoner, who is subject to all or any of the Returning Offenders (Management and Information) Act 2015.
(2) (3) (4) 6A Duty to have regard to specified aspects of evidence relied on (1) (2) (3) In determining whether evidence establishes or helps to establish compliance with section 6, the court must have regard to— (a) the source of that evidence; and (b) the validity, authenticity, and reliability of that evidence.
The subsection (1) duty also applies in respect of a determination of the val- idity, authenticity, and reliability of any conviction or other foreign country action at issue in terms of section 6(1)(c), (d), or (e).

This section does not limit or affect any other rules of law relating to the admission or use of evidence.
7 Meaning of engagement in terrorism-related activities Definition (1) A person engages in terrorism-related activities in a country if the person does all or any of the following in that country: (a) carries out terrorism (whether as a or the principal party, any other party, or an accessory after the fact): 35 (b) facilitates or supports materially the carrying out of terrorism.
5 Part 1 cl 8 Terrorism Suppression (Control Orders) Bill Carrying out includes preparations, credible threats, and attempts (2) For the purposes of this Act, terrorism is carried out if any 1 or more of the following occurs: (a) (b) (c) (d) planning or other preparations to carry out the terrorism, whether it is actually carried out or not: 5 a credible threat to carry out the terrorism, whether it is actually carried out or not: an attempt to carry out the terrorism: the carrying out of the terrorism.
Facilitation or material support requires some actual or constructive knowledge (3) For the purposes of this Act, terrorism is facilitated or materially supported only if the facilitator or material supporter knows, or ought reasonably to know, that terrorism is facilitated or materially supported, but this does not require that— (a) (b) the facilitator or material supporter knows, or ought reasonably to know, that any specific terrorism is facilitated or materially supported: any specific terrorism was foreseen or planned at the time it was facili- tated or materially supported: (c) any terrorism was actually carried out.
Compare: 1961 No 43 ss 66, 70, 71, 72, 312; 2002 No 34 s 25 8 Status of examples 10 15 20 (1) An example used in this Act is only illustrative of the provisions to which it relates.

It does not limit those provisions.

(2) If an example and a provision to which it relates are inconsistent, the provision prevails.
25 Compare: 2015 No 70 s 26; 2016 No 16 s 6; 2017 No 5 s 7; 2018 No 32 s 14 9 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

30 10 Act binds the Crown This Act binds the Crown.
6 Terrorism Suppression (Control Orders) Bill Part 2 cl 12 Part 2 Control orders Making and content 11 (1) Power to make The court may make an order— (a) (b) in respect of a person who the court is satisfied is a relevant person (see sections 6, 6A, and 7); and imposing requirements on the relevant person for the purposes stated in section 3(a) to (c).
(2) The court may make a control order only if satisfied that— (a) (b) (c) the relevant person poses a real risk of engaging in terrorism-related activities in a country; and the requirements the order imposes for the main purposes stated in sec- tion 3(a) and (b) are necessary and appropriate, and are only those necessary and appropriate,— (i) (ii) to protect the public from terrorism; and to prevent engagement in terrorism-related activities in a country; and any requirements the order imposes for 1 or both of the incidental pur- poses stated in section 3(c) are necessary and appropriate, and are only those necessary and appropriate, to support the relevant person’s reinte- gration into New Zealand or rehabilitation, or both.
(3) In determining any requirements imposed, the court must also— (a) (b) (c) consider how requirements, if imposed, will or may affect the person’s personal circumstances (for example, financial position, health, and pri- vacy); and consider whether requirements are justified limits on rights and free- doms in the New Zealand Bill of Rights Act 1990, and consider any other matters the court thinks relevant; and comply with section 16 and with the limits in sections 17, 18, and 19.
30 12 Required content (1) A control order must state whether it is an interim control order or a final con- trol order.

(2) A final control order that replaces an interim control order must identify that 35 interim control order.
(3) A control order must also state the terms, and any conditions, of— 7 Part 2 cl 13 Terrorism Suppression (Control Orders) Bill (a) (b) the requirements the order imposes for the main purposes stated in sec- tion 3(a) and (b); and any requirements the order imposes for 1 or both of the incidental pur- poses stated in section 3(c).
(4) A control order must also state the duration of the order (subject to earlier vari- ation, discharge, or expiry of the order or its requirements) (see also sec- tion 24).

5 Application Application required The court may make a control order only on an application for the purpose made by the Commissioner under this Act.
10 13 (1) (2) The application must— (3) (4) 14 (1) (a) (b) state whether the order sought by the Commissioner is an interim control order or a final control order; and if it is made, and to be heard and determined by the court, without notice to the relevant person, make clear how the application complies with section 14(2)(a) or (b).

15 The application must also state whether any final control order sought replaces an interim control order.
The application must also state the terms, and any conditions, of the require- ments of the order sought by the Commissioner, indicating whether they are— 20 (a) (b) the requirements the order would impose for the main purposes stated in section 3(a) and (b); or (if applicable) any requirements the order would impose for 1 or both of the incidental purposes stated in section 3(c).
Application for interim control order The Commissioner may make an application for an interim control order in respect of a relevant person only if— (a) the application is made— (i) before the relevant person arrives in New Zealand; or (ii) within 12 months after the relevant person arrives in New Zea- land; and (b) the Commissioner believes on reasonable grounds that it is necessary and appropriate that the interim control order is made as soon as practic- able in order to manage the real risks posed by the relevant person of engagement in terrorism-related activities in a country.
25 30 35 (2) The application for the interim control order— 8 Terrorism Suppression (Control Orders) Bill Part 2 cl 15 (a) must be made, and must be heard and determined by the court, without notice to the relevant person if the application is made before the rele- vant person arrives in New Zealand; and, unless the Commissioner believes on reasonable grounds that— (i) (ii) service out of New Zealand of the documents to be served is reasonably practicable in the circumstances; and 5 it is not necessary and appropriate to make the application, and for it to be heard and determined, without notice in order to manage the real risks posed by the relevant person of engagement in ter- rorism-related activities in a country; and (b) may be made, and must be heard and determined by the court, without notice to the relevant person if— (i) (ii) the application is made after the relevant person arrives in New Zealand; and the Commissioner believes on reasonable grounds that it is neces- sary and appropriate to make the application, and for it to be heard and determined, without notice in order to manage the real risks posed by the relevant person of engagement in terrorism-related activities in a country.
(3) If the application for the interim control order is made on notice to the relevant person, the documents to be served must exclude any information supporting the application that is not disclosable supporting information.

(4) The application for the interim control order must be— (a) (b) set down for hearing, and heard, as soon as practicable; and determined as soon as practicable.
(5) On or after making an interim control order in respect of a relevant person, the court must consider whether to direct under section 15(1)(b) a period (longer or shorter than 3 months after the date on which the interim order was served on the relevant person) as the period within which the Commissioner may make an application for a final control order in respect of the relevant person.
15 (1) Application for final control order The Commissioner may make an application for a final control order in respect of a relevant person only if— (a) (b) no interim control order in respect of the relevant person has been applied for, and the application for the final control order is made after, and within 12 months after, the relevant person arrives in New Zealand; or an interim control order in respect of the relevant person was applied for and made, and the application for the final control order is made after the relevant person arrives in New Zealand and— 9 10 15 20 25 30 35 40 Part 2 cl 16 Terrorism Suppression (Control Orders) Bill (i) within 3 months after the date on which the interim order was served on the relevant person; or (ii) within any longer or shorter period the court directs (on its own initiative or on an application for the purpose made) on or after making the interim order and during that 3-month period; or 5 (c) an interim control order in respect of the relevant person was applied for and declined, and the application for the final control order is made after, and within 12 months after, the relevant person arrives in New Zealand, and is made because of a material change in circumstances since the interim control order was declined.
10 (2) The application for the final control order must be— (a) made on notice to the relevant person; and (b) (c) set down for hearing, and heard, as soon as practicable; and determined as soon as practicable.

(3) Because the application for the final control order is made on notice to the rele- vant person, the documents to be served must exclude any information support- ing the application that is not disclosable supporting information.
15 Examples of rRequirements that may be imposed 16 Examples of rRequirements that may be imposed Requirements that a A control order may imposes on a relevant person may— 20 only requirements that do all or any of the following: (a) (b) (c) (d) (e) Examples of pProhibitions or restrictions prohibit or restrict the relevant person from being in or at specified areas or places (for example, international ports, gun clubs, or specified resi- dences) without Police escort: prohibit or restrict the relevant person from leaving New Zealand or pos- sessing passports, or other international travel documents of any kind, issued by any country: prohibit or restrict the relevant person from communicating or associat- ing with specified individuals, or a specified class of individuals (for example, individuals identified as being at real risk of radicalisation, or individuals identified as posing a real risk of further radicalising the rele- vant person): prohibit or restrict the relevant person from disclosing or receiving spe- cified information or otherwise dealing with specified classes of infor- mation (for example, means or methods of carrying out terrorism): prohibit or restrict the relevant person from accessing or using, in any setting (for example, in a place of paid or voluntary work or of study), specified forms of telecommunication or other technology (whether the 25 30 35 10 Terrorism Suppression (Control Orders) Bill Part 2 cl 16 devices or facilities concerned are public or private) including the Inter- net (for example, prohibiting the relevant person from accessing the Internet except on devices known to the Police): prohibit or restrict the relevant person from possessing or using specified articles or substances (for example, possessing terrorist propaganda material or possessing domestic chemicals above a certain quantity): 5 prohibit or restrict the relevant person from carrying out specified activ- ities related to the real risk that the relevant person poses, including spe- cified activities in
 respect of their work, occupation, or recreational activities: prohibit or restrict the relevant person from holding accounts, possessing certain financial instruments, or using specified financial services: prohibit or restrict the relevant person from transacting in property (for example, property over a certain value or transactions involving certain people): Examples of oOther requirements require the relevant person to reside at a specified address agreed between the relevant person and the Police (or as otherwise specified by the court) and to remain at that address between specified times each day, or on specified days (see also section 17): require the relevant person to report to specified constables at specified times and places (for example, meeting a constable twice a week): require the relevant person to facilitate reasonable access by the Police or their agents to premises, equipment, or information if that access is necessary for monitoring compliance with the requirements stated in the order (for example, facilitating access to search the relevant person’s residence, electronic devices, or financial accounts): require that the relevant person allow themselves to be photographed and impressions made of their fingerprints: require that the relevant person submits to electronic monitoring of com- pliance with the requirements of the control order concerned and does not tamper with, or damage, or do anything to interfere with the func- tioning of the electronic monitoring device (see also section 18): require that the relevant person undertake alcohol and drug assessments, and rehabilitative or reintegrative needs assessments: require that the relevant person, if they have given and not withdrawn their informed consent to do so, engage with specified rehabilitative ser- vices (for example, alcohol and drug treatment services) (see also sec- tion 19).
10 15 20 25 30 35 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) 11 Part 2 cl 17 Terrorism Suppression (Control Orders) Bill Limits on requirements 17 Limit on requiring relevant person to remain at specified address No requirement of the kind stated in section 16(j) can require the relevant person to remain at a specified address for more than 12 hours in any 24-hour period.
5 18 Limit on requiring electronic monitoring The court must not impose a requirement of the kind stated in section 16(n) if the court considers that a less restrictive requirement or combination of requirements would be sufficient to achieve the main purposes stated in sec- tion 3(a) and (b) and (if applicable) 1 or both of the incidental purposes sta- ted in section 3(c).
Compare: 2000 No 38 s 30C 10 19 Limit on requiring relevant person to engage with specified rehabilitative services (1) No relevant person may be made, or may remain, subject to a requirement of 15 the kind stated in section 16(p) unless the relevant person— (a) has been fully advised, by a person who is qualified to prescribe or pro- vide the specified rehabilitative services, about their nature and their intended and likely effects and any known real risks of engaging with them; and 20 (b) is competent to make an informed choice and give informed consent to engaging with them; and (c) gives, and has not withdrawn, informed consent to engaging with them.
(2) Informed consent of that kind can be given, withheld, or withdrawn by words or conduct.

25 (3) No particular conduct, or form of words, is required to give, withhold, or with- draw informed consent of that kind.

(4) A relevant person who withholds, or withdraws, informed consent of that kind does not breach the relevant requirement for the purposes of section 31 (offence to breach requirements).
30 Compare: 2000 No 38 ss 30(4), (4A), 30AA; 2002 No 10 s 15(4), (5) Service of control order Service The Commissioner must serve on a relevant person (P) a control order made in respect of the relevant person.
35 20 (1) (2) The control order must be served,— (a) if practicable, on P’s arrival in New Zealand; or 12 Terrorism Suppression (Control Orders) Bill Part 2 cl 21 (b) if service on P’s arrival in New Zealand is not practicable, as soon as is reasonably practicable after P’s arrival in New Zealand; but (c) in any event, not later than 12 months after the control order is made.
(3) The control order and its requirements expire if the control order is not served within that 12-month period, but its expiry does not prevent another control order being applied for and made in respect of the same relevant person based on engagement in 1 or both of the following: 5 (a) (b) the same terrorism-related activities in a foreign country: later and different terrorism-related activities in a foreign country.
21 Information to be served with interim control order made without notice 10 The Commissioner must prepare, and serve with an interim control order made without notice to, and served on, the relevant person, the following informa- tion: (a) (b) (c) (d) (e) (f) (g) (h) (i) the name of the relevant person who is subject to the order; and that the relevant person is subject to an interim control order made by the High Court under this Act; and 15 a summary of the court’s reasons for making the order, and of the rea- sons why the court considered that the requirements of the order comply with section 11(2)(b) and (c); and a general explanation of the effect of the order and its requirements; and that the order and its requirements take effect when they are served on the relevant person; and the maximum duration of the order and its requirements (see sec- tion 24(1)); and any other information necessary to enable or help the relevant person to comply with all of the requirements of the order; and 20 25 a copy of the disclosable supporting information; and how the relevant person can challenge the order, its requirements, or both— (i) (ii) (iii) by applying to the High Court under this Act to vary or discharge the order, its requirements, or both: 30 by opposing an application made (no later than the date stated in or directed under section 15(1)(b)) by the Commissioner to the High Court for a final control order in respect of the relevant per- son and to replace the interim order: 35 by appealing under the Senior Courts Act 2016 to the Court of Appeal, or the Supreme Court, or both against the order, its requirements, or both (or, if the order is replaced by a final control 13 Part 2 cl 22 Terrorism Suppression (Control Orders) Bill order, against the final control order, its requirements, or both); and (j) (k) (l) an explanation of the relevant person’s related rights to legal advice and representation; and an explanation of the relevant person’s related rights to apply for legal aid; and 5 a general explanation of the effect of automatic suppression under this Act of the identity of the relevant person.
22 (1) Entry to premises to serve control order The court may issue a warrant authorising entry— 10 (a) to any premises where the Police believe on reasonable grounds that a relevant person is present; and (b) in order to enable service on the relevant person of a control order.
(2) The court may issue the warrant— (a) (b) only on an application for the purpose made by the Commissioner; and 15 only if satisfied that a person has refused or refuses to allow the Police to enter those or any other premises in order to prevent or avoid service on the relevant person of a control order.

Compare: 2015 No 112 s 21 Taking effect, duration, and renewal 23 Taking effect (1) A control order takes effect when it is served on the relevant person.
This section does not alter the operation of any requirements expressed to take effect only at a later time or times.
Duration The duration of an interim control order made in respect of a relevant person is (subject to earlier variation, discharge, or expiry of the order or its require- ments, and see also section 12(4)) from when the order is served on the rele- vant person until the order expires when— (a) (b) (c) a final control order that replaces the order is made by the court and served on the relevant person; or 30 no application for a final control order that replaces the order is made within the applicable period (see section 15(1)(b)); or an application of that kind made within that period is withdrawn, or is finally determined by the court refusing a final control order.
35 20 25 (2) 24 (1) 14 Terrorism Suppression (Control Orders) Bill Part 2 cl 26 (2) (3) (4) The duration of a final control order must be not longer than the court con- siders necessary having regard to the purposes stated in section 3(a) to (c) (see also section 12(4)).

But that duration must also be not longer than 2 years after the final control order is served on the relevant person in respect of whom the order is made.
Those 2 years include, for a final control order that replaces an interim control order, the period the interim control order has effect.

(5) Those 2 years exclude, for a final control order, any period during which both the order and its requirements are wholly suspended under section 27.
(6) A final control order expires (subject to earlier variation, discharge, or expiry of the order or its requirements and to section 25(2)) at the end of its dura- tion, but its expiry does not prevent another control order being applied for and made in respect of the same relevant person but based on engagement in later and different terrorism-related activities in a foreign country.
25 (1) (2) Renewal The court may renew a final control order on an application for the purpose made by the Commissioner within its duration.

If an application for renewal of a final control order is made, the order has effect until the application is withdrawn or finally determined.

(3) No final control order can be renewed more than twice.

(4) No control order that has expired under section 28 (expiry if relevant person sentenced to long-term sentence) can be renewed.
(5) (6) In deciding the application, the court must apply the provisions of this Act about making, and the requirements of, a final control order.

In particular, because the application is made on notice, the documents to be served must exclude any information supporting the application that is not dis- closable supporting information.

5 10 15 20 25 (7) However, sections 13(1) to (3) and 15(1) do not apply to the application.
(8) A renewed final control order takes effect and expires, and is varied, suspen- ded, or discharged, in the same way as one that has not been renewed.
30 Variation or discharge, and suspension or expiry, of control order and requirements 26 (1) Variation or discharge The court may, on an application made for the purpose by the Commissioner or the relevant person, vary or discharge a control order (whether an interim con- trol order or a final control order) or its requirements or both.— 35 (a) on an application made for the purpose by the Commissioner or the rele- vant person; or 15 Part 2 cl 27 Terrorism Suppression (Control Orders) Bill (b) on its own initiative.
(1A) Before making an own-initiative decision about a variation or discharge, the court must— (a) (b) (c) notify the Commissioner and the relevant person of it; and give them a reasonable opportunity to make submissions on it; and 5 consider any submissions they make on it.

(2) (3) In deciding the applicationwhether to vary or discharge a control order or its requirements, the court must apply the provisions of this Act about making, and the requirements of, a final control order.
In particular, because the application or own-initiative decision is made on notice, the documents to be served must exclude any information supporting the application or own-initiative decision that is not disclosable supporting information.

(4) However, sections 13(1) to (3) and 15(1) do not apply to the application or own-initiative decision.

(5) No variation of a control order can extend the duration of the control order under section 24.
(6) A varied control order takes effect and expires, and is renewed, varied, suspen- ded, or discharged, in the same way as one that has not been varied.
10 15 20 Suspension This section applies if, while a relevant person is subject to a control order, the relevant person is detained— (a) (b) (c) (d) in a prison on remand; or in a prison while serving a short-term sentence; or in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992; or 25 in a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.
The control order and its requirements, to the extent (if any) that they cannot be complied with during that detention, are suspended until the relevant person is no longer detained in the prison, hospital, or facility.

30 Compare: 2014 No 68 s 139 Expiry if relevant person sentenced to long-term sentence This section applies if, while a relevant person is subject to a control order, the relevant person is sentenced to a long-term sentence.
35 The control order and its requirements expire, and the control order cannot be replaced by a final control order or renewed, but its expiry does not prevent another control order being applied for and made in respect of the same rele- 27 (1) (2) 28 (1) (2) 16 Terrorism Suppression (Control Orders) Bill Part 2 cl 32 vant person but based on engagement in later and different terrorism-related activities in a foreign country.
General effect of appeals Appeals This section applies if, in a proceeding, a decision is given to make, renew, vary, or discharge a control order imposing a requirement.

5 This Act does not affect the application to the proceeding, or to the decision, of rules of court on the general effect of appeals.
29 (1) (2) (3) An example is rules of court under which any appeal, application for leave to appeal, or giving of leave to appeal, does not operate as a stay of the proceed- ing, or a stay of execution of the decision, unless the court appealed from or the appeal court orders, or grants interim relief, to the contrary.
Compare: SR 2004/199 r 30; SR 2005/69 r 12 Other matters 30 (1) (2) 31 Standard of proof This section applies to a question of fact arising in a proceeding— (a) (b) that is a proceeding under this Act; and that is not a proceeding for an offence against this Act.

The question must be decided on the balance of probabilities.
Offence to breach requirements 10 15 20 (1) A person commits an offence if the person— (a) is a relevant person in respect of whom the court has made a control order; and (b) breaches, without reasonable excuse, a requirement of the control order.

(2) A person who commits an offence under this section is liable on conviction 25 to— (a) (b) imprisonment for a term not exceeding 1 year; or a fine not exceeding $2,000.
Compare: 2002 No 10 s 71; 2015 No 112 s 31 32 (1) Automatic suppression of identity of relevant person 30 This section applies to a person if— (a) an application for, or for the renewal, variation, or discharge of, a control order in respect of the person has been made and has not been with- drawn or finally determined; or (as the case requires) 17 Part 2 cl 33 Terrorism Suppression (Control Orders) Bill (b) a control order has been made, renewed, varied, or discharged in respect of the person.
(2) The purposes of this section are— (a) (b) (c) to protect the public from terrorism: to prevent engagement in terrorism-related activities in a country: 5 to protect the person and to support the person’s reintegration into New Zealand or rehabilitation, or both.
(3) No person may publish, in any report or account of the proceeding in which the court considers and determines the application or (as the case requires) makes, renews, varies, or discharges the control order, the person’s name, address, or occupation, unless the court, by order, permits the publication.
(4) The court may make an order that permits the publication (for example, if the person applies to the court for such an order and the court is satisfied that the person understands the nature and effect of their decision to apply for the order) only if satisfied that permitting the publication is consistent with the pur- poses of this section.
(4A) In particular, before making an order that permits the publication, the court must consider whether the order will or may lead to the publicising of views that do either or both of the following: (a) promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993: (b) promote or encourage criminal acts or terrorism.
(4B) An order under this section that permits the publication does not limit any power to clear the court, or to forbid publication, that a court has under any other law.

(5) Nothing in this section applies to or prevents communication, by or on behalf of the Commissioner or another person performing official duties or functions, of information if the communication is necessary or desirable for the adminis- tration or enforcement of this Act.
(6) In this section, name, in relation to a person, means the person’s name and any particulars likely to lead to the person’s identification.

Compare: 2011 No 81 ss 194, 195, 201 33 Offence to breach automatic suppression of identity Knowing or reckless publication (1) A person commits an offence if the person knowingly or recklessly publishes any name, address, occupation, or other information in breach of section 32.
(2) A person who commits an offence against subsection (1) is liable on convic- 10 15 20 25 30 35 tion,— 18 Terrorism Suppression (Control Orders) Bill Part 2 cl 35 (a) in the case of an individual, to a term of imprisonment not exceeding 6 months: (b) in the case of a body corporate, to a fine not exceeding $100,000.

Other publication (3) A person commits an offence if the person publishes any name, address, occu- 5 (4) (5) pation, or other information in breach of section 32.
In a prosecution for an offence against subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

Subsection (3) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the spe- cific information has been placed or entered on the site or system by that per- son.
(6) A person who commits an offence against subsection (3) is liable on convic- tion,— (a) (b) in the case of an individual, to a fine not exceeding $25,000: in the case of a body corporate, to a fine not exceeding $50,000.

Compare: 2011 No 81 s 211 10 15 34 Returning Offenders (Management and Information) Act 2015 This Act does not limit or affect the application or operation of the Returning Offenders (Management and Information) Act 2015.
20 35 (1) Additional requirements for decisions that supporting information is not disclosable This section applies when the court is considering making under other relevant law any order, direction, or other decision to the effect that any information supporting any application made under this Act is not disclosable to, or to any person acting for,— (a) (b) a person who is or may be a relevant person; or any other non-Crown party.
(2) The court, when considering making a decision of that kind, must— (a) have regard to whether the interests or factors supporting a decision of that kind are or include a real risk to any identifiable person or people; and (b) appoint as a special advocate a person who— (i) is a lawyer (as defined in section 6 of the Lawyers and Convey- ancers Act 2006), is not suspended from practice as a barrister, a solicitor, or both, under that Act, and is not struck off the roll of barristers and solicitors of the High Court; and 25 30 35 19 Part 2 cl 36 Terrorism Suppression (Control Orders) Bill (ii) holds an appropriate security clearance that allows the person to see information that is or may be classified security information; and (iii) is otherwise suitably qualified and experienced to fulfil the role of a special advocate; and 5 (c) (d) empower the person appointed under paragraph (b) to act in the inter- ests of the person who is or may be a relevant person, and to present arguments on the relevance and reliability of the supporting information; and allow the person appointed under paragraph (b) to receive instructions from any person acting for the person who is or may be a relevant per- son.
Compare: 2009 No 51 ss 264, 265; 2013 No 91 s 105; 2015 No 70 s 162, Sch 4, cl 6 36 (1) (2) 37 (1) (2) Amendment to Legal Services Act 2011 This section amends the Legal Services Act 2011.
In section 4(1), definition of specified application, after paragraph (ca), insert: (cb) by a person who is a respondent to an application under the Terrorism Suppression (Control Orders) Act 2019, or who is subject to an order under that Act, in respect of an application under that Act; or Review of Act The Minister must, as soon as practicable after the second anniversary of the day on which this Act comes into force,— (a) commence a review of the need for, and operation and effectiveness of, this Act; and (b) prepare a report on that review.
The Minister must ensure that the people and organisations that the Minister thinks appropriate are consulted during the preparation of the report about the matters to be considered in the report.

(3) As soon as practicable after the report has been completed, the Minister must present a copy of the report to the House of Representatives.
Compare: 2017 No 29 s 86; 2019 No 58 s 148 10 15 20 25 30 20 Terrorism Suppression (Control Orders) Bill Schedule 1 Schedule 1 Transitional, savings, and related provisions s 9 Part 1 Provisions relating to this Act as enacted 1 Decisions may be based on pre-commencement conduct A person’s conduct before the commencement of this Act may be relied on (with or without any later conduct of the person) in making decisions— (a) (b) under this Act; and after that commencement.
5 10 21 Schedule 2 Terrorism Suppression (Control Orders) Bill Schedule 2 Overview of decisions in making control order s 4 Relevant person (section 11(1)) Is the court satisfied that the person concerned is a relevant person (see sections 6, 6A, and 7(1))?
No control order can be made in respect of the person No No No No control order can be made in respect of the relevant person No control order can be made imposing the requirements on the relevant person Yes Risk of engaging in terrorism-related activities (section 11(2)(a)) Is the court satisfied that the relevant person poses a real risk of engaging in terrorism-related activities in a country?
Yes Requirements (section 11(2)(b) and (c) and (3)) Is the court satisfied that the requirements the order imposes for the main purposes stated in section 3(a) and (b) are necessary and appropriate, and only those necessary and appropriate,— · to protect the public from terrorism; and · to prevent engagement in terrorism-related activities in a country?
Is the court satisfied that any requirements the order imposes for 1 or both of the incidental purposes stated in section 3(c) are necessary and appropriate, and only those necessary and appropriate, to support the relevant person’s reintegration into New Zealand or rehabilitation, or both?
In determining any requirements imposed, has the court also— · considered how requirements, if imposed, will or may affect the person’s personal circumstances (for example, financial position, health, and privacy); and · considered whether requirements are justified limits on rights and freedoms in the New Zealand Bill of Rights Act 1990, and considered any other matters the court thinks relevant; and · complied with section 16 and with the limits in sections 17, 18, and 19?
Yes A control order can be made imposing the requirements on the relevant person 22 Terrorism Suppression (Control Orders) Bill 16 October 2019 24 October 2019 3 December 2019 10 December 2019 11 December 2019 Legislative history Introduction (Bill 183–1) First reading and referral to Foreign Affairs, Defence and Trade Committee Reported from Foreign Affairs, Defence and Trade Committee (Bill 183–2) Second reading Committee of the whole House (Bill 183–3) Wellington, New Zealand: Published under the authority of the House of Representatives—2019 23