Which goods are controlled?
Your goods, software and technology are controlled if they are listed on the New Zealand Strategic Goods Lists or if they are subject to catch-all provisions.
- New Zealand Strategic Goods List
- Catch-all provisions
- How do I determine if my goods are controlled?
- What exemptions are there?
- Which chemicals are controlled?
The goods on the Strategic Goods List are derived from the control lists produced by the four export control regimes New Zealand belongs to - the Wassenaar Arrangement, the Australia Group, the Nuclear Suppliers Group and the Missile Technology Control Regime.
The Strategic Goods List includes military and dual-use goods and technology.
What are dual-use goods?
Dual-use goods are goods and technologies developed for commercial purposes, but which may be used either as military components or for the development or production of military systems or weapons of mass destruction.
What is 'technology'?
'Technology' means specific information or software necessary for the development, production or use of a product. This information takes the form of ‘technical data’ or ‘technical assistance’. ‘Technical assistance’ may take the form of:
- training working knowledge, and
- consulting services and may involve the transfer of ‘technical data’.
‘Technical data’ may be:
- engineering designs and specifications
- manuals and instructions written or recorded on other media or devices such as cds, tape, read-only memories (ROM).
The export of goods, software and technologies which are not listed in the New Zealand Strategic Goods List, but which may be intended for use relating, directly or indirectly, to any or all of the following are prohibited:
- the development, production or deployment of nuclear, chemical or biological weapons or their means of delivery in any country
- a military end-use in a country subject to a United Nations Security Council arms embargo
- use as parts or components of military items listed on the New Zealand Strategic Goods List (categories ML1-ML22) which have been unlawfully exported from New Zealand.
Exporters have a statutory obligation to inform the Secretary of Foreign Affairs and Trade if they are aware, or should reasonably be aware, that an export is intended for or may have any of the listed prohibited uses described above.
What is ‘military end-use’?
Military end-use means:
(a) incorporation into military items that fall within categories ML1-ML22 of the New Zealand Strategic Goods List or
(b) use of production or testing of analytical equipment and components in relation to the development, production referred to in (a) or maintenance of military items, or
(c) use of any unfinished products in a plant for the production of military items referred to in (a).
In the first instance, you should self-assess your goods against the New Zealand Strategic Goods List.
The parameters in the list are often very technical and you and your organisation may be best placed to self-assess, as you are most likely to have the detailed specifications and technical expertise.
Strategic goods identification tool
The Australian Department of Defence, Defence Export Controls, has developed and is supportive of New Zealand to use, an online search tool which can be used to identify if your goods are controlled.
The New Zealand Strategic Goods List is derived from the Australian list. There are some minor differences.
Each has a national section relating to non-miltary firearms and explosives (ML901-ML910). New Zealand also uses Category 0C001 and 0C002.
These aside, the online search tool is useful to identify controlled goods, particularly the more technical dual-use goods (Category 0-10).
If you cannot find your goods on the list contact us to confirm that a permit is not required.
Goods of foreign origin
If your goods are of foreign origin you should check to see if they were controlled and required a permit to be exported to New Zealand.
As a general rule of thumb, if they required a permit to be exported here then they will need a New Zealand permit to be re-exported.
Even if you don’t have any documentation yourself, you should still check with the exporter that provided you with the goods (Note: not all goods come with an end-user certificate and hence you may be unaware if they were controlled by the original exporting country).
The original exporter may also have a determination from the export controls agency of that country that the goods are not controlled.
You can ask for a determination as to whether your goods are controlled from the Export Controls Office.
Please note that we don't have the range of scientific and technical expertise that’s required to cover the entire scope of the Strategic Goods List.
When we aren't' able to make a determination from using the knowledge we have we will seek assistance from other agencies. This can necessarily take some time.
There are some situations where you may export strategic goods without a permit from MFAT. The Secretary of Foreign Affairs and Trade has issued exemptions for the export of certain strategic goods without the need for a permit.
However, if you are exempt from a permit to export you are still required to notify Export Controls, Ministry of Foreign Affairs and Trade of the firearm(s) you will be exporting.
This is to enable New Zealand reporting as required under the Arms Trade Treaty (ATT) and will only be used for that purpose.
(I) Approvals for private individuals to export certain firearms and ammunition
With the exception of the countries listed below, you may export up to five sporting firearms without a permit from MFAT if:
a) you are taking your own sporting firearms overseas on a hunting holiday; or
b) you are a competitor in international shooting contests taking competition sporting firearms overseas for your own use; or
c) you are a tourist leaving New Zealand with firearms and/or parts of firearms you purchased in New Zealand. See the list of countries below not covered by this exemption. These firearms and/or parts must be for personal use and not for commercial purposes; or
d) you have been in New Zealand on a hunting holiday you may export your firearms and/or parts that you originally imported with a permit issued by the New Zealand Police; or
e) you have been in New Zealand competing in a national or international shooting competition, or you are transiting New Zealand to attend or return from a competition in a third country you may export your firearms and/or parts which you originally imported with a permit issued by the New Zealand Police; and
f) you are exporting firearms covered by (a) to (e) above you may export-related ammunition and/or used cartridges. The ammunition/used cartridges must accompany the firearms (this approval does not permit the export of ammunition on its own).
- Automatic firearms, MSSAs (military-style semi-automatic weapons) and restricted weapons are excluded from the exemptions listed above so always require a permit.
- Specialised competition semi-automatic pistols are classified as sporting firearms and are therefore exempt.
- Persons who have been resident in New Zealand and are leaving to live in another country are not classified as tourists.
Countries not covered by exemptions to export here
The exemption to export does not apply to firearms being exported to the following countries:
|American Samoa||Micronesia (Federated States of)||Timor-Leste (East Timor)|
|Cook Islands||New Caledonia||Tokelau|
|Guam||Papua New Guinea||Vanuatu|
|Kiribati||Samoa||Wallis and Futuna|
|Marshall Islands||Solomon Islands|
(II) New Zealand Defence Force, Ministry of Defence, New Zealand Police and Visiting Forces
The New Zealand Defence Force (NZDF), Ministry of Defence (MoD), The New Zealand Police and Visiting Forces (as defined by the Visiting Forces Act 2004) may export the following without a permit from MFAT:
a) stores, equipment, ammunition and explosives for overseas activities in the course of which they may either be consumed, written off, disposed of (subject to meeting end user obligations), or subsequently returned to New Zealand
b) stores, equipment, ammunition and explosives of a Visiting Force
c) equipment/parts for repair, servicing or upgrade, and subsequent return to New Zealand (e.g. ships, vehicles, aircraft, weapons, electronic equipment and their parts).
Note re contractors: with respect to (c) above, NZDF, MoD and NZ Police-owned equipment/parts being exported for repair, servicing or upgrade, and subsequent return to New Zealand, may be exported without a permit from MFAT by a contractor on behalf of, or in the course of providing services to, those organisations.
(III) New Zealand government officials
New Zealand Government officials may temporarily export secure GSM (Global System for Mobile Communications) cellular telephones, PDAs (personal digital assistants) and encrypted laptops without a permit from MFAT. These items must be personally carried outside New Zealand by the officials and must be for their own use on official travel.
(IV) Vintage military aircraft
Vintage military aircraft manufactured in or before 1950 may be exported without a permit from MFAT.
Note: Export permits are not required for “Civil aircraft” (including helicopters) as specified in the New Zealand Strategic Good List Definition of Terms, that is - “those 'aircraft' listed by designation in published airworthiness certification lists by the civil aviation authorities to fly commercial civil internal and external routes or for legitimate civil, private or business use”.