Counter-Terrorism Legislation Act 2021

1: Title
This Act is the Counter-Terrorism Legislation Act 2021.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendments to Terrorism Suppression Act 2002
Principal Act
3: Principal Act
This Part amends the Terrorism Suppression Act 2002 principal Act 2021-10-05 Terrorism Suppression Act 2002 Purpose
4: Section 3 amended (Purpose of this Act)
1: After section 3(b)﻿(vi)
vii: Resolution 2178 (2014); and
2: Replace section 3(c)
c: to make further provision to implement, in part,—
i: the ISIL (Da’esh) and Al-Qaida Sanctions Resolutions; and
ii: the Taliban Sanctions Resolutions. Definitions and transitional, savings, and related provisions
5: Section 4 amended (Interpretation)
1: In section 4(1) Al-Qaida and the Taliban Sanctions Resolutions Al-Qaida entity Al-Qaida entity
a: associated with Al-Qaida; and
b: an entity to which that measure is to be applied
2: In section 4(1) basic needs
a: foodstuffs:
b: rent or mortgage:
c: medicines or medical treatment:
d: taxes, insurance premiums, or public utility charges:
e: reasonable professional fees, and reimbursement of incurred expenses, associated with the provision of legal services:
f: fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources
3: In section 4(1) carried out carried out
a: has the meaning given to it in section 5A(1)
b: in section 6A(1), has, despite section 5A(1) section 6A(2)
4: In section 4(1) critical infrastructure
a: assets:
b: facilities:
c: networks:
d: systems
5: In section 4(1) facility financial institution suspicious transaction report facility section 44(5) reporting entity section 44(5) service section 44(5) suspicious activity report section 44(5)
6: In section 4(1) financing of terrorism financing of , or provision of material support for,
7: In section 4(1) financing of terrorism section 8(1) or (2A) section 8(1), (1A), (2A), or (2B)
8: In section 4(1) ISIL (Da’esh) ISIL (Da’esh) and Al-Qaida Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1989 (2011) adopted on 17 June 2011; and
d: Resolution 2170 (2014) adopted on 15 August 2014; and
e: Resolution 2253 (2015) adopted on 17 December 2015 ISIL (Da’esh) entity
a: associated with ISIL (Da’esh); and
b: an entity to which that measure is to be applied
9: In section 4(1) material support
a: means support that does, or may, assist in, contribute to, or make easier, the carrying out of 1 or more terrorist acts; and
b: includes, without limiting the generality of paragraph (a)
i: advice given in making available financial or related services, or financial or related services:
ii: other advice, or other services, derived from acquired skills or knowledge (for example, agency, brokerage, translation, driving or pilotage, or training to impart skills):
iii: equipment, information, technology, or other property or resources (for example, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, or personnel (the assistance or efforts of 1 or more individuals who may be or include oneself)):
iv: accommodation, lodging, stockpiling, or storage:
v: transportation; but
c: for the purposes of section 8 section 8 paragraphs (a) and (b) section 8(5) New Zealand Resolution 2178 (2014) Schedule 4D
10: In section 4(1) Taliban entity United Nations listed terrorist entity Taliban entity
a: is not Al-Qaida, an Al-Qaida entity, or the Taliban; but
b: is designated, by or under those resolutions, as an entity to which that measure is to be applied Taliban Sanctions Resolutions
a: Resolution 1333 (2000) adopted on 19 December 2000; and
b: Resolution 1390 (2002) adopted on 16 January 2002; and
c: Resolution 1988 (2011) adopted on 17 June 2011 United Nations listed terrorist entity
a: Al-Qaida; or
b: an Al-Qaida entity; or
c: the Taliban; or
d: a Taliban entity; or
e: ISIL (Da’esh); or
f: an ISIL (Da’esh) entity
6: Section 5 amended (Terrorist act defined)
1: In section 5(2) the purpose of 1 or more purposes that are or include
2: In section 5(2)﻿(a) induce terror in a civilian population intimidate a population
3: In section 5(2)﻿(b) unduly compel coerce
4: In section 5(3)﻿(d) an infrastructure facility critical infrastructure
5: In section 5(3)﻿(e) devastate cause major damage to
7: New sections 5A and 5B inserted
After section 5
5A: Carrying out and facilitating terrorist acts
Carrying out includes preparations, credible threats, and attempts
1: For the purposes of this Act, a terrorist act is carried out
a: planning or other preparations to carry out the act, whether it is actually carried out or not:
b: a credible threat to carry out the act, whether it is actually carried out or not:
c: an attempt to carry out the act:
d: the carrying out of the act. Facilitation requires some actual knowledge
2: For the purposes of this Act, a terrorist act is facilitated
a: the facilitator knows that any specific terrorist act is facilitated:
b: any specific terrorist act was foreseen or planned at the time it was facilitated:
c: any terrorist act was actually carried out.
5B: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Terrorist act
8: Section 6A amended (Terrorist act)
1: Replace the heading to section 6A Terrorist act: credible threat, attempt, and carrying out
2: Before section 6A(1) Offence
3: In section 6A(1) who engages in if the person carries out
4: Replace section 6A(2) Meaning, in subsection (1), of carried out
2: In subsection (1), carried out section 5A(1) section 5A(1)﻿(b), (c), and (d) Effect of subsection (1) applying to attempt
3: However, subsection (1) applying to an attempt to carry out the act (within the meaning of section 5A(1)﻿(c) section 5A(1)﻿(d) Penalty
4: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for life or a lesser term.
5: A person who attempts to commit the offence in subsection (1) as it applies to the carrying out of the act (within the meaning of section 5A(1)﻿(d)
9: New section 6B inserted (Terrorist act: planning or other preparations to carry out)
After section 6A
6B: Terrorist act: planning or other preparations to carry out
Offence
1: A person commits an offence if the person carries out a terrorist act (within the meaning of section 5A(1)﻿(a)
2: Subsection (1)
a: not carrying out a terrorist act within the meaning given in section 5A(1)﻿(b), (c), and (d)
b: for the purposes of section 72(2) of the Crimes Act 1961, too remote to constitute an attempt to commit an offence against section 6A(1).
3: In a prosecution for an offence against subsection (1)
a: must prove that the planning done is, or the other preparations made are, for an act that is, or if it were actually carried out would be, a terrorist act as defined in section 5(1)﻿(a), (b), or (c); and
b: in particular, if that act falls within section 5(2) (in a case to which section 5(1)﻿(a) applies), must prove the intention and purpose elements in section 5(2) and (3); but
c: in a case to which section 5(1)﻿(a), (b), or (c) applies, need not prove a specific target, location, date, or time for that act. Penalty
4: A person who commits an offence against subsection (1) Conspiring to commit offence, and attempt to commit or procure commission
5: Sections 72, 310, and 311 of the Crimes Act 1961 do not apply to an offence against subsection (1) Financing of, or provision of material support for, terrorism
10: Section 8 amended (Financing of terrorism)
1: In the heading to section 8 Financing of , or provision of material support for,
2: Replace section 8(1) to (4) Wilful provision or collection of funds for use to carry out terrorist acts
1: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts. Wilful provision of material support for use to carry out terrorist acts
1A: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the support be used, or knowing that, or being reckless about whether, it is to be used, in full or in part, in order to carry out 1 or more acts of a kind that, if they were carried out, would be 1 or more terrorist acts. Wilful provision or collection of funds for use by entity known to carry out or participate in carrying out of terrorist acts
2A: A person commits an offence if the person provides or collects funds—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the funds be used, or knowing that, or being reckless about whether, they will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Wilful provision of material support for use by entity known to carry out or participate in carrying out of terrorist acts
2B: A person commits an offence if the person provides material support—
a: directly or indirectly; and
b: wilfully; and
c: without lawful justification or reasonable excuse; and
d: intending that the material support be used, or knowing that, or being reckless about whether, it will be used, by an entity that the person knows is an entity that carries out, or participates in the carrying out of, 1 or more terrorist acts. Funds or material support need not be used to carry out terrorist act
3: In a prosecution for financing of, or provision of material support for, terrorism, it is not necessary for the prosecutor to prove that the funds or material support collected or provided were or was actually used, in full or in part, to carry out a terrorist act. Penalty
4: A person who commits financing of, or provision of material support for, terrorism is liable on conviction to imprisonment for a term not exceeding—
a: 14 years, if the mental element under subsection (1)﻿(d), (1A)﻿(d), (2A)﻿(d), or (2B)﻿(d)
b: 10 years, if the mental element under subsection (1)﻿(d), (1A)﻿(d), (2A)﻿(d), or (2B)﻿(d) Material support excludes humanitarian support to satisfy basic needs
5: For the purposes of this section and of any other legislation that mentions this section, material support paragraphs (a) and (b)
a: in good faith for genuine humanitarian reasons; and
b: impartially or neutrally as between people who have those needs. Dealing with property
11: Section 9 amended (Prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity)
1: In section 9(2) those provisions subsection (1)
2: In section 9(2)﻿(a) essential human needs basic needs
3: In section 9(2)﻿(b) financial institution reporting entity Making property, or material support, available
12: Cross-heading above section 10 amended
In the cross-heading above section 10 financial or related services, material support,
13: Section 10 amended (Prohibition on making property, or financial or related services, available to designated terrorist entity)
1: In the heading to section 10 financial or related services, material support,
2: Replace section 10(1)
1: A person commits an offence if the person makes available, or causes to be made available, to, or for the benefit of, a designated terrorist entity, any property, or any material support,—
a: directly or indirectly; and
b: without lawful justification or reasonable excuse; and
c: knowing that, or being reckless about whether, the entity is a designated terrorist entity.
3: In section 10(3) essential human needs basic needs
4: In section 10(4) services support
5: In section 10(5) 7 years 10 years
6: In section 10(6) services support
14: Cross-heading above section 11 amended
In the cross-heading above section 11 financial or related services, material support, Weapons training or combat training for terrorist purposes
15: New section 13AA and cross-heading inserted
After section 13 Weapons training or combat training for terrorist purposes
13AA: Providing or receiving weapons training or combat training for terrorist purposes
Offence
1: A person commits an offence if the person—
a: provides or receives weapons training or combat training; and
b: knows that the training is provided or received for purposes that are or include 1 or both of the following purposes:
i: to carry out 1 or more terrorist acts (whether any or all of them are actually carried out or not):
ii: to enhance the ability of any entity to carry out, or to participate in the carrying out of, 1 or more terrorist acts (whether any or all of them are actually carried out or not).
2: In a prosecution for an offence against subsection (1) subsection (1)﻿(b)﻿(i) or (ii) Penalty
3: A person who commits an offence against subsection (1) Travelling
16: New section 13F and cross-heading inserted
After section 13E Travelling intending to commit specified offence
13F: Travelling intending to commit specified offence
Offence
1: A person commits an offence if the person—
a: travels (by any means) to, from, or via New Zealand; and
b: does so intending to do anything that, if done wholly in New Zealand, would be a specified offence. Travel to, from, or via New Zealand
2: A person is taken to have travelled to New Zealand, for the purposes of subsection (1)
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
3: A person is taken to have travelled from New Zealand, for the purposes of subsection (1) see also subsection (8)﻿(a)
a: goes towards a craft through a Customs place; or
b: goes towards a craft as otherwise authorised by the chief executive of the New Zealand Customs Service, a Customs officer, the Customs and Excise Act 2018, or regulations made under that Act.
4: A person is taken to have travelled via New Zealand, for the purposes of subsection (1) see also subsection (8)﻿(a)
a: disembarks from a craft through a Customs place; or
b: disembarks from a craft and reports to a Customs officer, to a Police station, or to any other place as directed by a Customs officer.
5: Subsections (2) to (4)
a: the generality of subsection (1) or (8)﻿(a)
b: a prosecutor proving, without relying on subsection (2), (3), or (4)
6: In subsections (2) to (4) Customs officer Customs place Specified offence
7: In this section, specified offence
a: section 6A (terrorist act: credible threat and carrying out (but excluding an attempt)):
b: section 6B
c: section 7 (terrorist bombing):
d: section 8 (financing of, or provision of material support for, terrorism):
e: section 9 (prohibition on dealing with property of, or derived or generated from property of, designated terrorist entity):
f: section 10 (prohibition on making property, or material support, available to designated terrorist entity):
g: section 12 (recruiting members of terrorist groups):
h: section 13 (participating in terrorist groups):
i: section 13AA
j: section 13A (harbouring or concealing terrorists):
k: section 13B (offences involving use and movement of unmarked plastic explosives):
l: section 13C (offences involving physical protection of nuclear material):
m: section 13D (importation, acquisition, etc, of radioactive material):
n: section 13E (offences involving radioactive material and radioactive devices). Application of offence
8: Subsection (1)
a: the person, if travelling from, or via, New Zealand, departs from their original location, or reaches their intended ultimate destination:
b: the person has the intention mentioned in subsection (1)﻿(b)
c: the person intends to do wholly or in part in New Zealand, or wholly outside New Zealand, the thing that, if done in New Zealand, would be a specified offence:
d: the person does the thing that, if done wholly in New Zealand, would be a specified offence. Penalty
9: A person who commits an offence against subsection (1) Schedule 4E 1961 No 43 s 311(1); Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Aust) s 57(3) Extraterritorial jurisdiction
17: Section 14 amended (Offences also apply in certain cases outside New Zealand)
1: In section 14(1) sections 7 to 13 and 13B to 13E sections 6A to 13F
2: In section 14(2) sections 7 to 13 sections 6A to 13F
18: Section 15 amended (Offences apply to acts outside New Zealand by New Zealand citizens or on New Zealand aircraft and ships)
In section 15(d)﻿(ii) required or entitled
19: Section 17 amended (Further acts outside New Zealand to which financing of terrorism applies)
1: In the heading to section 17 financing of , or provision of material support for,
2: In section 17
a: after financing of , or provision of material support for,
b: replace done carried out (as defined in sections 4(1) and 5A(1)
20: Section 18 amended (Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited)
1: In section 18 terrorist bombing, financing of terrorism, a nuclear terrorism offence, or a nuclear material offence a specified offence
2: In section 18
2: In this section, a specified offence
a: terrorist bombing; or
b: financing of, or provision of material support for, terrorism; or
c: a nuclear terrorism offence; or
d: a nuclear material offence. Further provisions relating to interim and final designations
21: Section 25 repealed (Carrying out and facilitating terrorist acts)
Repeal section 25
22: Section 28 amended (Further notification of making of designation)
In section 28(2)﻿(b) services support Review, revocation, and expiry of designations
23: Section 34 amended (Revocation of designations)
In section 34(2)﻿(b) services support Duty to report suspicions relating to property
24: Section 43 amended (Suspicions that property owned or controlled by designated terrorist entities to be reported)
1: In section 43(2) financial institution reporting entity
2: In section 43(5) financial institution reporting entity
25: Section 44 amended (Nature of suspicious property report)
1: In section 44(1)﻿(b)
a: a financial institution or by
b: the financial institution or
2: In section 44(1)﻿(d)﻿(ii) the financial institution or reporting entity, as the case may be, the reporting entity
3: In section 44(2) the financial institution or
4: In section 44(4)
a: delete financial institution or
b: after a transaction or a service
c: after the transaction or proposed transaction or service or proposed service
5: Replace section 44(5)
5: In this section, section 47, and Schedule 5,—
a: facility reporting entity suspicious activity report transaction
b: service
26: Section 47 amended (Protection of identity of persons making reports)
In section 47(1)﻿(b)﻿(i) financial institution or Customs’ powers in relation to certain property
27: Section 47A amended (Detention of goods suspected to be terrorist property)
1: In section 47A(1)﻿(a)﻿(ia) ; or ; and
2: Repeal section 47A(1)﻿(a)﻿(ii)
28: Section 47B amended (Return of cash necessary to satisfy essential human needs)
1: In the heading to section 47B essential human needs basic needs
2: In section 47B(1) essential human needs basic needs
29: Section 47C amended (Further provisions about detention under section 47A)
Repeal section 47C(5)﻿(b) Forfeiture
30: Section 57 amended (Further provisions relating to orders under section 55)
In section 57(a)﻿(ii) and (b) section 35(2) or Investigation and prosecution of offences against Act or referred to in Conventions
31: Section 68 amended (Attorney-General to communicate outcome of prosecution)
In section 68 financing of , or provision of material support for, Extradition
32: Section 69 amended (Offences deemed to be included in extradition treaties)
1: In section 69(1) and (3) financing of , or provision of material support for,
2: In section 69(4) relevant date means,
3: Replace section 69(4)﻿(a)
a: in relation to terrorist bombing, 5 December 2002; and
aa: in relation to an offence against section 8(1A) or (2B) Counter-Terrorism Legislation Act 2021
ab: in relation to any other financing of, or provision of material support for, terrorism, 5 December 2002; and Repeal of spent provisions
33: Cross-heading above section 74 amended
In the cross-heading above section 74 and saving and transitional provision
34: Sections 76 to 80 and cross-headings repealed
Repeal sections 76 to 80 sections 76 to 79 Schedules
35: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
36: New Schedules 4D and 4E inserted
After Schedule 4C Schedules 4D and 4E Schedule 2
37: Schedule 5 amended
In Schedule 5 financial institution or
2: Amendments to other Acts
1: Substantive amendments to Search and Surveillance Act 2012
38: Amendments to Search and Surveillance Act 2012
This subpart amends the Search and Surveillance Act 2012 2021-10-05 Search and Surveillance Act 2012
39: Section 15 amended (Entry without warrant to find and avoid loss of evidential material relating to certain offences)
In section 15(a) an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
40: Section 16 amended (Searching people in public place without warrant for evidential material relating to certain offences)
In section 16 an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
41: Section 17 amended (Warrantless entry and search of vehicle for evidential material relating to certain offences)
In section 17 an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
42: Section 48 amended (Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency)
In section 48(2)﻿(a)﻿(i) an offence punishable by a term of imprisonment of 14 years or more or an offence against section 6B(1)
2: Substantive amendments to Terrorism Suppression (Control Orders) Act 2019
43: Amendments to Terrorism Suppression (Control Orders) Act 2019
This subpart amends the Terrorism Suppression (Control Orders) Act 2019 2021-10-05 Terrorism Suppression (Control Orders) Act 2019
44: Section 5 amended (Interpretation)
1: In section 5 relevant person section 6 section 6(1AA)
2: In section 5 determinate sentence of imprisonment
a: suspended pending determination of the appeal; or
b: set aside, and not replaced by a sentence of imprisonment for a fixed term, on the appeal release conditions section 6(5)﻿(b) and (c) relevant offender section 6(5) see section 6(1AA) relevant returner see section 6(1AA) statutory release date section 6(5)﻿(b) and (c) terrorism-related New Zealand offence section 8A
45: Section 6 amended (Meaning of relevant person)
1: Above section 6(1) Definition: relevant returner or relevant offender
1AA: A relevant person
a: a person to whom subsection (1) applies (and who, in this Act, is called, under section 5, a relevant returner); or
b: a person to whom subsection (5) Engagement in terrorism-related activities in foreign country
2: In section 6(1) A relevant person is This subsection applies to
3: After section 6(4) Commission of terrorism-related New Zealand offence punished by determinate sentence of imprisonment
5: This subsection applies to a person who is 18 years old or older and—
a: who, on or after the commencement date of the Counter-Terrorism Legislation Act 2021 see section 8A
b: who was sentenced, on or after that commencement date, for that offence, to a determinate sentence of imprisonment; and
c: whose statutory release date, or whose last day as an offender who is subject to release conditions, for 1 or more sentences of imprisonment that are or include that determinate sentence of imprisonment, is after that commencement date.
46: Section 7 amended (Duty to have regard to specified aspects of evidence relied on)
In section 7(1) section 6 section 6(1)
47: New section 8A inserted (Meaning of terrorism-related New Zealand offence)
After section 8
8A: Meaning of terrorism-related New Zealand offence
A terrorism-related New Zealand offence
a: an offence against the Terrorism Suppression Act 2002 (even if that offence was committed wholly, or partly, outside New Zealand, but is prosecuted in New Zealand under any of sections 15 to 18 of that Act and sections 7, 8, and 8A of the Crimes Act 1961); or
b: an offence—
i: against section 124(1), 127(4), 129(3), or 131A(1) of the Films, Videos, and Publications Classification Act 1993, or section 390 of the Customs and Excise Act 2018; and
ii: that involves a publication that is objectionable (as those terms are defined in sections 2 and 3 of the Films, Videos, and Publications Classification Act 1993) for reasons that are or include the extent and degree to which, and the manner in which, the publication (as provided in section 3(3)﻿(d) of that Act) promotes or encourages acts of terrorism.
48: Section 12 amended (Power to make)
In section 12(1)﻿(a) sections 6, 7, and 8 sections 6(1AA) 8A
49: Section 15 amended (Application for interim control order)
1: In the heading to section 15 Application for interim control order in respect of relevant returner
2: In section 15(1), (1)﻿(a)﻿(i) and (ii), (1)﻿(b), (2)﻿(a), (2)﻿(a)﻿(ii), (2)﻿(b), (2)﻿(b)﻿(i) and (ii), (3), and (5) person returner
50: Section 16 amended (Application for final control order)
1: In the heading to section 16 Application for final control order in respect of relevant returner
2: In section 16(1), (1)﻿(a), (1)﻿(b), (1)﻿(b)﻿(i), (1)﻿(c), (2)﻿(a), and (3) person returner
51: New sections 16A and 16B inserted
After section 16
16A: Application for interim control order in respect of relevant offender
1: The Commissioner may make an application for an interim control order in respect of a relevant offender only if—
a: the application is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)﻿(c)
b: the Commissioner believes on reasonable grounds that it is necessary and appropriate that the interim control order is made as soon as practicable in order to manage the real risks posed by the relevant offender of engagement in terrorism-related activities in a country.
2: The application for the interim control order may be made, and must be heard and determined by the court, without notice to the relevant offender if the Commissioner believes on reasonable grounds that it is 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 offender 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 offender, 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: set down for hearing, and heard, as soon as practicable; and
b: determined as soon as practicable.
5: On or after making an interim control order in respect of a relevant offender, the court must consider whether to direct under section 16B(1)﻿(b)
16B: Application for final control order in respect of relevant offender
1: The Commissioner may make an application for a final control order in respect of a relevant offender only if—
a: no interim control order in respect of the relevant offender has been applied for, and the application for the final control order is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)﻿(c)
b: an interim control order in respect of the relevant offender was applied for and made, and the application for the final control order is made—
i: within 3 months after the date on which the interim order was served on the relevant offender; 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
c: an interim control order in respect of the relevant offender was applied for and declined, and the application for the final control order is made—
i: after they become a relevant offender; and
ii: on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)﻿(c)
iii: because of a material change in circumstances since the interim control order was declined.
2: The application for the final control order must be—
a: made on notice to the relevant offender; and
b: set down for hearing, and heard, as soon as practicable; and
c: determined as soon as practicable.
3: Because the application for the final control order is made on notice to the relevant offender, the documents to be served must exclude any information supporting the application that is not disclosable supporting information.
52: Section 21 amended (Service of control order)
1: Replace section 21(2)﻿(a) and (b)
a: if P is a relevant returner, and if practicable, on P’s arrival in New Zealand; or
b: if P is a relevant returner, and 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
2: In section 21(3)﻿(a) the same terrorism-related activities in a foreign country or, as the case requires, the same terrorism-related New Zealand offence
3: In section 21(3)﻿(b) later and different terrorism-related activities in a foreign country or, as the case requires, a later and different terrorism-related New Zealand offence
53: Section 25 amended (Duration)
1: In section 25(1)﻿(b) section 16(1)﻿(b) or 16B(1)﻿(b)
2: After section 25(4)
4A: Those 2 years exclude, for a final control order in respect of a relevant offender, any period on or before their statutory release date, or their last day as an offender who is subject to release conditions, for the 1 or more sentences of imprisonment mentioned in section 6(5)﻿(c)
3: In section 25(6) terrorism-related activities in a foreign country or terrorism-related New Zealand offence
54: Section 29 amended (Expiry if relevant person sentenced to long-term sentence)
In section 29(2) terrorism-related activities in a foreign country or terrorism-related New Zealand offence
55: Section 38 amended (Review of Act)
In section 38(1), replace this Act comes into force the Counter-Terrorism Legislation Act 2021
56: Schedule 2 amended
In Schedule 2 sections 6, 7, and 8(1) sections 6(1AA), 7, 8, and 8A
3: Consequential amendments related to Part 1
57: Consequential amendments to other enactments
Amend the enactments specified in Schedule 3 2021-10-05 Charities Act 2005 Crimes Act 1961 Criminal Investigations (Bodily Samples) Act 1995 Criminal Procedure Act 2011 Criminal Proceeds (Recovery) Act 2009 Customs and Excise Act 2018 Financial Service Providers (Registration and Dispute Resolution) Act 2008 Immigration Act 2009 Oranga Tamariki Act 1989 Passports Act 1992 Sentencing Act 2002