RA9 Restrictions on the grant of a residence visa to certain groups as designated by the United Nations Security Council (UNSC)

See also United Nations Sanctions (ISIL (Da’esh), Al-Qaida and Taliban) Regulations 2007 reg 13; United Nations Sanctions (Democratic People's Republic of Korea) Regulations 2017 reg 47; United Nations Sanctions (Lebanon) Regulations 2008 reg 17; United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 reg 12D; United Nations Sanctions (Sudan) Regulations 2004 reg 13D; United Nations Sanctions (Somalia) Regulations 2018 reg 20; United Nations Sanctions (Libya) Regulations 2018 reg 23; United Nations Sanctions (Mali) Regulations 2018 reg 4; United Nations Sanctions (Guinea-Bissau) Regulations 2012 reg 4; United Nations Sanctions (Central African Republic) Regulations 2014 reg 13; United Nations Sanctions (Yemen) Regulations 2014 reg 4; United Nations Sanctions (South Sudan) Regulations 2015 reg 4.

1. In accordance with UNSC sanctions, and subject to (b) and (c) below, no designated person or specified entity may enter New Zealand or transit through New Zealand, meaning that no such person may be granted a residence class visa. This restriction is in place for the following people:
   1. designated persons from the Democratic People's Republic of Korea (DPRK), and:
      • their immediate family members, and
      • an individual (whether or not a DPRK national) acting on the behalf or under the direction of a designated individual, and
      • an individual (whether or not a DPRK national) assisting in the evasion or violation of the measures set out in the UN resolutions listed in regulation 3 of the United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017
   2. a person who is a specified entity under the United Nations Sanctions (ISIL (Da’esh), Al-Qaida and Taliban) Regulations 2007 (NB: the definition of entity in these Regulations includes ‘a person’.); this includes an entity who is an Al-Qaida entity, or a Taliban entity, or a member of the Taliban, with the following clarifications:
      • Al-Qaeda entities include: members of the Al-Qaida organisation; members of ISIL (Da’esh), a splinter group of Al-Qaida; and entities designated by or under relevant UNSC Resolutions as entities associated with Al-Qaida or ISIL (Da’esh) to whom the UNSC Sanctions are to apply.
      • Taliban entities include persons who are not Al-Qaida entities or the Taliban themselves but are designated by or under relevant UNSC Resolutions as entities to whom the UNSC Sanctions are to apply
   3. designated persons from Lebanon
   4. designated persons from the Democratic Republic of Congo
   5. designated persons from Sudan
   6. designated persons from Somalia
   7. designated persons from Libya
   8. designated persons from Mali
   9. designated persons from Guinea-Bissau
   10. designated persons from Central African Republic
   11. designated persons from Yemen
   12. designated persons from South Sudan.
2. Immigration officers must contact the Ministry of Foreign Affairs and Trade when processing any immigration application from a person to whom (a) above applies.
3. A visa may only be granted to a person to whom (a) above applies on the advice of the Secretary of Foreign Affairs and Trade.
4. Paragraphs (a)-(c) above operate in addition to the requirements of the Immigration Act 2009.

Note: For the purposes of these instructions, a designated person or (in the case of the United Nations Sanctions (ISIL (Da’esh), Al-Qaida and Taliban) Regulations 2007) a specified entity is someone who is named on a list of such persons held by INZ and updated from time to time.

Effective 21/12/2022