Category : News
Author: Thomas Manch

A person who was involved with Islamic State, and is expected to arrive in New Zealand, has been subjected to the first terrorism “control order”.

The Wellington High Court on May 7 granted the police’s application for an interim control order against the person, whose identity has been suppressed, according to a court judgement published on Wednesday.

Justice Rebecca Ellis, in the judgement, said the person, named R, had associated with the Islamic State, which was a designated terrorist organisation.

The person had been detained in a country, which was suppressed, after travelling unlawfully from another country, which was suppressed.

The person had their passport and/or citizenship of a country revoked “for reasons including a security risk related to engaging in terrorism-related activities in a foreign country”.

Repatriation to New Zealand was inevitable, though the timing was uncertain due to Covid-19, the judgement said.

There is also a significant public interest in assisting R to reintegrate into New Zealand and to assist in their rehabilitation.

“There is, however, nothing before me to suggest a risk that R would themselves engage in acts of terror or violence,” Ellis said.

“Rather, the evidence suggests that R poses a real risk of engaging in activities that facilitate or materially support the carrying out of terrorism.

Justice Rebecca Ellis of the Wellington High Court has issued a terrorism control order, the first of its kind.

“There is also a significant public interest in assisting R to reintegrate into New Zealand and to assist in their rehabilitation.”

Ellis granted an interim control order under the Terrorism Suppression Act (Control Orders) for 12 months, set to begin when it was served against the person upon them entering New Zealand.

The control order would place considerable restrictions on the person.


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They would be prevented from leaving New Zealand, from possessing a passport, from communicating with any person the police specify, from accessing the internet except on devices approved by police, from accessing social media accounts not approved by the police, or holding bank accounts not approved by the police.

The person will also have to meet with a police constable as much as twice a week, and provide “reasonable access” to police searches of their home and electronic devices. They must also take any rehabilitative programme deemed necessary by the police commissioner.

Ellis said, depending on the person’s rehabilitation and reintegration, a further and final control order may not be required.

The person was represented by lawyer Deborah Manning. The judgement said that, through Manning, the person did not oppose the interim control order but did not consent to it.

“Ms Manning advised that R does not accept that they pose a risk under the Act. They acknowledge, however, that the New Zealand authorities need time to make their own assessment of that, following their arrival here.”

Ellis said that people in circumstances similar to this person’s “pose a continuing risk of terrorism-related activities to countries to which they are repatriated”.

“Some are encouraged to return to Western countries to facilitate ISIL’s agenda, which may, in extreme cases, include carrying out terrorist attacks, but more commonly involves providing financial support for ISIL (by earning money in the West and sending it back to ISIL members) and to promote the ideology of ISIL in an attempt to persuade others in the West to support it.”

Article: https://www.stuff.co.nz/national/crime/125255376/terrorism-control-order-applied-to-person-linked-with-islamic-state-and-due-to-arrive-in-new-zealand
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