DPRK nationals restricted from obtaining New Zealand work authorisations, with contract and exemption safeguards
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
From 4 January 2018, new regulation 46A made a national of the Democratic People’s Republic of Korea ineligible to obtain a visa or other authorisation entitling that person to work in New Zealand, which the regulations define to include Tokelau. The restriction does not apply to an authorisation implementing a written contract made before adoption of UN Security Council resolution 2375 on 11 September 2017, or an authorisation approved in advance by the Committee established under paragraph 12 of resolution 1718. The existing general ministerial-consent provision also disapplies a prohibition for an activity to which the Minister of Foreign Affairs consents, but consent is permitted only where the Minister is satisfied that the activity is justified on humanitarian grounds or is not inconsistent with the resolutions’ objectives. New regulation 54A additionally disapplies a prohibition where the Committee exempts the activity from the resolutions’ measures. This introduced a work-authorisation eligibility restriction absent from the immediately preceding principal regulations; it does not establish automatic cancellation of existing visas or a new universal deportation requirement. The pre-existing designated-person entry/transit and specified-person deportation provisions are separate and are not counted again.
Conditions and exceptions
Validated condition or limit: The restriction does not apply to an authorisation implementing a written contract made before adoption of UN Security Council resolution 2375 on 11 September 2017, or an authorisation approved in advance by the Committee established under paragraph 12 of resolution 1718.; The existing general ministerial-consent provision also disapplies a prohibition for an activity to which the Minister of Foreign Affairs consents, but consent is permitted only where the Minister is satisfied that the activity is justified on humanitarian grounds or is not inconsistent with the resolutions’ objectives.; This introduced a work-authorisation eligibility restriction absent from the immediately preceding principal regulations; it does not establish automatic cancellation of existing visas or a new universal deportation requirement.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
Republic of Korea) Amendment Regulations 2017. ##### 2 Commencement These regulations come into force on 4 January 2018. ##### 3 Principal regulations These regulations amend the [United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215300#DLM7215300) (the **principal regulations**). ##### 4 Enacting statement amended In the enacting statement, after paragraph (b) (vi), insert: ##### (vii) resolution 2356 (2017) adopted on 2 June 2017: ##### (viii) resolution 2371 (2017) adopted on 5 August 2017: ##### (ix) resolution 2375 (2017) adopted on 11 September 2017. ##### 5 Regulation 3 amended (Interpretation) (1) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **designated person**,— ##### (a) paragraph (a) (i), replace "“paragraph 8(e)”" with "“paragraph 8(d) or (e)”": ##### (b) after paragraph (a) (v), insert: ##### (vi) Annex I of resolution 2356 (2017): ##### (vii) Annex I of resolution 2371 (2017): ##### (viii) Annex I of resolution 2375 (2017): ##### (c) after paragraph (b) (v), insert: ##### (vi) Annex II of resolution 2356 (2017): ##### (vii) Annex II of resolution 2371 (2017): ##### (viii) Annex II of resolution 2375 (2017): (2) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **resolutions**, replace "“and resolution 2321 (2016)”" with "“resolution 2321 (2016), resolution 2356 (2017), resolution 2371 (2017), and resolution 2375 (2017)”". (3) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), definition of **WMD-related and ballistic missile-related goods**,— ##### (a) paragraph (a) (v), before "“S/2012/947”", insert "“Security Council document”"; and ##### (b) paragraph (a) (vi), replace "“(2013); or”" with "“(2013):”"; and ##### (c) after paragraph (a) (vi), insert: ##### (vii) Security Council document S/2017/728; or (4) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), insert in their appropriate alphabetical order: **base metal** means— ##### (a) copper: ##### (b) iron or iron ore: ##### (c) lead or lead ore: ##### (d) nickel: ##### (e) titanium ore: ##### (f) vanadium ore: ##### (g) zinc **designated ship** means a ship that has been designated by the Committee under paragraph 6 of resolution 2371 (2017) **resolution 2356 (2017)** means resolution 2356 of the Security Council, adopted on 2 June 2017 **resolution 2371 (2017)** means resolution 2371 of the Security Council, adopted on 5 August 2017 **resolution 2375 (2017)** means resolution 2375 of the Security Council, adopted on 11 September 2017 **seafood** means any of the following in all forms: fish and crustaceans, … aquatic invertebrates **textile** means any cloth or fabric and includes— ##### (a) any thread, yarn, or material from which a cloth or fabric can be made; and ##### (b) any partially or fully completed product made from a cloth or fabric (5) In [regulation 3(1)](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215306#DLM7215306), revoke the definition of **precious metals**. ##### 6 Regulations 17 to 28 and cross-headings replaced Replace [regulations 17 to 28](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215401#DLM7215401) and the cross-headings above [regulations 17](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215401#DLM7215401), [21](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215406#DLM7215406), and [25](https://classic.legislation.govt.nz/regulation/public/2017/0290/latest/link.aspx?id=DLM7215411#DLM7215411) with: #### Restricted items ##### 17 Definition of restricted item In regulations 18 to 21, **restricted item** means— ##### (a) gold: ##### (b) silver: ##### (c) a rare metal: ##### (d) a base metal: ##### (e) coal: ##### (f) seafood: ##### (g) a statue: ##### (h) a textile. ##### 18 Restricted item: importation prohibited (1) A person must not import, directly or indirectly, a restricted item into New Zealand knowing that the restricted item is from DPRK (whether or not the restricted item originated in DPRK). (2) However, subclause (1) and regulations 19 to 21 do not apply to— ##### (a) an importation or any other activity that— ##### (i) relates to coal that is described in paragraph 26 of resolution 2321 (2016), as replaced by paragraph 8 of resolution 2371 (2017); and ##### (ii) is approved in advance by the Minister; or ##### (b) a transaction that— ##### (i) is described in paragraph 26 of resolution 2321 (2016), as replaced by paragraph 8 of resolution 2371 (2017); and ##### (ii) is approved in advance by the Minister. ##### 19 Restricted item: carrying on New Zealand craft prohibited (1) A person must not use a New Zealand craft to carry a restricted item knowing that— ##### (a) the craft is carrying a restricted item; and ##### (b) the carriage is, or forms part of, the carriage of that restricted item to any place from DPRK. (2) Subclause (1) applies,— ##### (a) in the case of a New Zealand registered craft,— ##### (i) to the owner of the craft; and ##### (ii) to the master or pilot in command of the craft: ##### (b) in the case of a New Zealand chartered craft,— ##### (i) to the charterer of the craft; and ##### (ii) to the master or pilot in command of the craft, if the master or pilot is a New Zealand citizen. ##### 20 Restricted item: dealing prohibited (1) A person must not sell, transfer, or otherwise deal with a restricted item knowing that the restricted item is intended to be supplied, sold, or transferred, directly or indirectly, to any place …
Review method
Source-based draft with independent Gemini 3.8 Flash verification
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