Whether the export may compromise Aotearoa New Zealand’s national interests including, without limitation: security, international relationships and international reputation; and whether it may compromise the Government’s obligations under the principles of the Treaty of Waitangi / Te Tiriti o Waitangi.
Guidance on Criterion 4
Under Criterion 4, consideration will be given to the impact an export may have on Aotearoa New Zealand’s security and national interests.
This will include consideration of whether an export may directly or indirectly challenge the security of Aotearoa New Zealand, for example, by contributing to capabilities that might be used against us, or to the conduct of transnational organised crime that targets or affects us. Consideration will also be given to whether the proposed export is consistent with Aotearoa New Zealand’s broader national interests, including in preserving and strengthening the international rules-based order. For example, where relevant, an assessment may consider whether a proposed export contributes to Aotearoa New Zealand’s interest in supporting maritime security and the freedom of navigation under the law of the sea.
The extent to which the proposed export may affect, directly or indirectly, Aotearoa New Zealand’s international relationships is a further consideration under Criterion 4. This might include, for example whether the decision to approve or deny an export might prejudice our relationship with a third country. Such an assessment could include consideration of whether permitting an export would be consistent with decisions made by like-minded partners (for example, partners that are also members of the multilateral export controls regimes), or whether it would undercut decisions made by them to deny similar exports. Sanctions applied by other countries may be a relevant factor taken into account as part of the assessment process.
Consideration of whether a proposed export may compromise Aotearoa New Zealand’s international reputation also comes within Criterion 4. This reputation affects Aotearoa New Zealand’s ability to maintain international relationships, and to pursue and achieve national interests in multilateral settings. Protecting it is important. Even if a proposed export does not breach international law or directly contribute to a gross violation of human rights, it may be that a denial is still appropriate to avoid a negative impact on Aotearoa New Zealand’s international reputation. Any such assessment will include consideration of Aotearoa New Zealand’s interest in making consistent, rules-based decisions that do not unnecessarily hinder trade and that are understandable for exporters and their offshore consumers.
Where appropriate, assessment under Criterion 4 should also include consideration of the Māori interests engaged by the regime in respect of any particular export and consideration of whether or not any such interest or interests are protected under the principles of the Treaty of Waitangi/Te Tiriti o Waitangi.