Basic information
Outline of the system
The Convention on Cluster Munitions, 2008, is implemented in New Zealand through the: Cluster Munitions Prohibition Act 2009.
The Cluster Munitions Prohibition Act 2009 prohibits the import of all cluster munitions, except for cluster munitions to be used, developed, produced, otherwise acquired, possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction.
Product coverage
(a) The Minister of Foreign Affairs may, by notice in writing, authorise cluster munitions to be used, developed, produced, otherwise acquired, possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction.
(b) A cluster munition means a conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms and
(i) includes those explosive submunitions; but
(ii) does not include
- a mine; or
- a munition or submunition that is designed:
- to dispense flares, smoke, pyrotechnics, or chaff; or
- to produce electrical or electronic effects; or
- a munition that is designed exclusively for an air defence role; or
- a munition that, in order to avoid indiscriminate effects and the risks posed by unexploded submunitions, has all of the following characteristics:
- each munition contains fewer than ten explosive submunitions:
- each explosive submunition weighs more than 4 kilograms:
- each explosive submunition is designed to detect and engage a single target object:
- each explosive submunition is equipped with an electronic self-destruction mechanism:
- each explosive submunition is equipped with an electronic self-deactivating feature.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The system is designed to meet the requirements of the Convention by the restricting the quantity of cluster munitions imported to those required for the purposes of developing, or training persons in, techniques of cluster munitions detection, clearance, deactivation, or destruction. The Minister of Foreign Affairs must specify, by notice in the Gazette, the number of cluster munitions determined by the Minister to be the number that, for the time being, are absolutely necessary for the purposes described above.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods originating in and coming from "all" countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing is statutorily required.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
What persons or firms are eligible to apply for a licence?
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
There are no specifically listed information requirements. Applicants would need to make a case to the Minister of Foreign Affairs for the importation of cluster munitions in conformance with the stated exemptions outlined in the Cluster Munitions Prohibition Act 2009, and provide relevant details around type, quantity, storage and ultimate disposal.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Not applicable.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Not applicable. Those importing cluster munitions inadvertently could face prosecution.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Not applicable.
Which administrative body is responsible for approving application of licences?
Not applicable.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
No, other than compliance with the Cluster Munitions Prohibition Act 2009.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are no administrative charges for the process of obtaining permission to import anti-personnel mines.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Although there is no statutory right of administrative appeal against any of the decisions by the Minister, applicants could seek a judicial review of an administrative decision through the courts.
If so, to what bodies and under what procedures?
Although there is no statutory right of administrative appeal against any of the decisions by the Minister, applicants could seek a judicial review of an administrative decision through the courts.
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Authorisation from the Minister of Foreign Affairs to import and designation by the Minister as an officer authorised to be in possession of anti-personnel mines as defined in the Cluster Munitions Prohibition Act 2009. An import entry clearance would need to be completed with Customs before release of the goods.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
There is no set period of validity for an approval to import. It is possible a period of validity could be specified at the time of approval by the Minister of Foreign Affairs.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.