A broker must apply for a permit to carry out a brokering activity. A permit application may be for one or more transactions.

How do I apply?

You need to be registered as a broker first and you will need to fill out an application form [DOCX, 83 KB].

Do I need any other documents?

You may be required to provide supporting documentation, either as instructed in the application form, or if further information is requested by the Ministry for the assessment.

How is a permit application assessed?

The Secretary of Foreign Affairs and Trade may give a broker a permit to carry out a brokering activity if satisfied that the activity:

  • is consistent with New Zealand’s international obligations
  • would not prejudice the security, defence, or international relations of New Zealand.

MFAT makes decisions about permits according to the Criteria for the Assessment of Export Applications.

The Criteria are an internal guide that ensures decisions are consistent, and they provide exporters with information on what is taken into account when their application is considered.

The Criteria form the basis for the risk assessment. However if your application doesn’t meet a particular criteria, this doesn’t necessarily mean it will be automatically denied. The goods, the country of destination, the end-user, the end-use, the overall situation and the various criteria are assessed as a whole to arrive at a decision.

The more detail the applicant can supply about the end-user and the end-use, the greater the likelihood the assessment can reach a conclusion.

In the absence of information, the risk assessment will generally err on the side of caution.

How long will it take?

The process application time can vary depending on the complexity of an application. But we will try to assess your application within a reasonable timeframe. Complex applications may take up to six weeks or longer.

What will it cost?

There is no cost for a permit.

What is the duration of a permit?

The total duration of a permit, including any extensions, cannot be longer than three years.

Within that timeframe, the duration of the permit will normally be set for the anticipated time for the activity to be completed.

A permit ceases to be effective on the earliest of the following:

  • the end of the period specified in the permit
  • the cancellation or surrender of the permit
  • the date on which the broker’s registration ceases to be effective.

Cancelling a permit

The Secretary of Foreign Affairs may, by written notice, cancel a permit if:

Renewal and extensions

Once a permit has lapsed you will need to submit a new application for the activity.

Email the form and supporting documentation to the Export Controls Office: exportcontrols@mfat.govt.nz

For a permit which has not yet lapsed, you may seek an extension by emailing the Export Controls Office: exportcontrols@mfat.govt.nz. You will need to state the reasons for the renewal and reconfirm or update the information provided in the original application.

Conditions

The Secretary of Foreign Affairs and Trade may impose conditions when giving the permit or at any other time consistent with or for the purpose of:

  • the effective administration of the Brokering Act
  • the security, defence, or international relations of New Zealand
  • New Zealand’s international obligations.

The broker must provide an annual report to the Secretary. The form and content of the report will be specified in the registration letter.

A broker must keep any prescribed records for a period of at least seven years, produce records when required and answer any questions regarding the records.

Appeals

A broker who has applied for a permit or been given a permit may appeal to the District Court against any decision of the Secretary:

  • to refuse to give the permit
  • to impose a condition on the permit
  • to cancel the permit.

An appeal must be made within 30 days after the decision appealed against is given, or within any further period that the District Court may allow.

A decision against which an appeal is lodged continues in force unless the District Court orders otherwise.