Assessment Criterion 1

Guidance on Criterion 1

Under Criterion 1, an export will be assessed against both the legal obligations and non-legally binding commitments Aotearoa New Zealand has undertaken in respect of disarmament, arms control and non-proliferation.  Relevant policies will also be taken into account to ensure that the export would be consistent with Aotearoa New Zealand’s broader approach to these issues.

Legal obligations

Legal obligations relevant for Criterion 1 include the international disarmament and non‑proliferation treaties Aotearoa New Zealand is party to, related domestic legislative or regulatory requirements, and obligations contained in resolutions of the United Nations Security Council (UNSC).  They include obligations relating to weapons of mass destruction as well as conventional weapons.

An assessment under Criterion 1 will consider whether the item for export is prohibited, regulated or illegal in Aotearoa New Zealand under domestic legislation such as:

• New Zealand Nuclear Free Zone, Disarmament and Arms Control Act 1987
• Chemical Weapons (Prohibition) Act 1996
• Anti-Personnel Mines Prohibition Act 1998
• Cluster Munitions Prohibition Act 2009
• Arms Act 1983

Assessment will also include determining whether the export would be consistent with Aotearoa New Zealand’s obligations under treaties to which Aotearoa New Zealand is a party but which are not the subject of specific implementing legislation. These include:

• Arms Trade Treaty (2014)
• Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed Excessively Injurious or to Have Indiscriminate Effects (Convention on Certain Conventional Weapons) (1980) and its Protocols

Assessment of Aotearoa New Zealand’s international obligations under Criterion 1 may also engage other binding international obligations such as international humanitarian law, although international humanitarian law considerations are primarily addressed under Criterion 2.

Non-legally binding commitments

Aotearoa New Zealand has signed up to a number of non-legally binding commitments in the field of disarmament, arms control and non-proliferation which will be taken into account in the assessment of any proposed export.  These include the guidelines and best practices adopted at meetings of states party to the Arms Trade Treaty and by members of the international control regimes set up under the Wassenaar Arrangement, Missile Technology Control Regime, Australia Group and Nuclear Suppliers Group.

Commitments also include those made in international political declarations and national or joint statements on arms control, disarmament or non-proliferation, which may have implications for the assessment of the proposed export item, its end user and/or its potential end-use. For example, the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences arising from the use of Explosive Weapons in Populated Areas (2022) is a non-legally binding commitment.

Relevant policy

Assessments will also consider whether the proposed export is consistent with Aotearoa New Zealand’s broader policies on disarmament, arms control and non-proliferation. For example, the position taken by the government on autonomous weapons systems will be taken into account as a relevant policy. Relevant policies can be found on the disarmament section of the Ministry website.