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Coversheet
Briefing: Terrorist Designation of the Entirety of
Hamas Under the Terrorism Suppression Act
Date:
18/01/2024
Report No:
DPMC-2023/24-556
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Security Level:
Priority level:
High
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Action sought
Deadline
Rt Hon Christopher Luxon
agree to recommendations
25/01/24
P rime Minister
sign letter to Attorney-General
Name
Position
Telephone
1st Contact
Rebecca Kitteridge Chief Executive, DPMC
section 9(2)(a)
Chair, National Security Board
Information
9(2)(g)(ii)
Acting Executive Director, National section 9(2)(a)
Security Group
9(2)(g)(ii)
Manager, Policy
section 9(2)(a)
Official
Departments/agencies consulted on Briefing
Combined Threat Assessment Group (hosted in New Zealand Security Intel igence Service), Crown Law
Office, Ministry of Foreign Affairs and Trade, National Assessments Bureau, New Zealand Defence Force,
the
Ministry of Defence, New Zealand Police. The National Security Board was consulted on designation and
Statement of Case.
Minister’s Office under
Status:
☐ Signed
☐ Withdrawn
Comment for agency
Released
Attachments:
Yes
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Briefing
Terrorist Designation of the Entirety of Hamas
Under the Terrorism Suppression Act
To: Rt Hon Christopher Luxon
Prime Minister
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Date
18/01/2024
Security Level
Act
Purpose
1. This paper provides advice on designating the entirety of Hamas
1 as a terrorist entity under
section 22 of the Terrorism Suppression Act 2002. It covers:
a) whether you
can make such a designation on statutory grounds;
b) considerations about whether you
should make a designation, including what has
changed since previous decisions, the risks of making a designation, and of not doing so;
c) advice around
when and
how you could make such a designation, particularly in order to
Information
manage risks, including through communications and community engagement; and
d) practical next steps, including consulting the Attorney-General.
Executive Summary
Official
2. Designation of an entity under the Terrorism Suppression Act 2002 (the Act) is a mechanism
to give ef ect to New Zealand’s obligations under United Nations Security Council Resolution
1373, which obliges Member States to take steps to outlaw the financing of, participation in,
the
and recruitment to, terrorist entities.
3. New Zealand first designated the military wing of Hamas in 2010 and has renewed this
designation every three years. In August 2022, of icials provided advice to the Prime Minister
that considered the possibility of expanding the designation to the entirety of Hamas. Of icials
recommended renewing the designation of the military wing, but advised against expanding
under
the designation to the entirety of Hamas. 6(a)
The Prime Minister accepted this advice.
4. On 7 October 2023, Hamas conducted a terrorist attack against Israel from the Gaza Strip,
kil ing over 1,200 people and taking an estimated 240 people into Gaza as hostages. Hamas’
political leadership publicly supported and explained the objectives of the October attack, and
committed to conducting future attacks. 6(a)
Released
5. As Prime Minister, it is your decision to designate a terrorist entity if you ‘believe on reasonable
grounds that the entity has knowingly carried out, or has knowingly participated in the carrying
1 Formally named Harakat al-Muqawama al-Islamiya, Hamas is also known as the Islamic Resistance Movement, Al-
Tiar al-Islami, and Al-Athja al-Islami.
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out of, one or more terrorist acts’. This legal threshold
must be met as a first step in deciding
whether to designate. The National Security Board (NSB) considers that the entirety of Hamas
meets the statutory and Cabinet-mandated criteria for designation – that is, you
can justifiably
make this decision.
6. As the legal threshold is met, there are other relevant considerations that can then be factored
into a decision about whether you
should designate the entity. These include the criteria
agreed by Cabinet in 2010, which are covered in the attached NSB paper (Attachment B).
7. There are additional considerations and risks specific to this designation. 9(2)(g)(i)
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8. Other considerations and risks include 6(a)
Overall, officials assess these are
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manageable.
9. 9(2)(g)(i)
10. DPMC is working with other agencies to develop a proposed communications and community
engagement plan to help mitigate risks. 6(a), 9(2)(g)(i)
An initial draft communications
Information
and engagement plan is provided as Attachment D. In addition, DPMC has convened relevant
government agencies to understand, mitigate, and manage potential risks, and will continue
to do so as appropriate.
11. Should you decide to proceed, there are several further practical steps required. The Act
obliges you to consult the Attorney-General prior to any designation. In addition, DPMC will
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provide further advice on the revocation of the existing designation of Hamas’ military wing,
as a designation of the entirety of Hamas would supersede and incorporate this.
12. 6(a), 9(2)(f)(iv)
the
Recommendations
under
We recommend you:
1.
note that previous Prime Ministers designated the military wing of Hamas
under the Terrorism Suppression Act 2002 (the Act) in October 2010 and
renewed this in October 2013, September 2016, September 2019, and
August 2022;
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2.
note that the entirety of Hamas meets the statutory and Cabinet criteria
for designation, based on the facts set out in the attached Statement of
Case (
Attachment A) and NSB paper (
Attachment B);
3.
note the range of considerations and risks relating to the potential
expansion of the designation, as outlined in this paper and At achment B;
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4.
note that the Act requires you to consult with the Attorney-General before
designating an entity;
5.
agree to consult the Attorney-General, proposing to:
YES / NO
a) designate the entirety of Hamas as a terrorist entity under section 22
of the Act; and
b) revoke the existing stand-alone designation of the military wing of
Hamas under section 34(1) of the Act, as the designation of Hamas
supersedes and incorporates this;
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6.
sign the letter to the Attorney-General at
Attachment C;
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7.
note that, once the At orney-General has responded, DPMC wil provide
you with further advice and documentation to finalise the designation; and
8.
discuss the potential timing and risk mitigations with of icials, including
the draft communications approach and engagement plan in
Attachment D; and
9.
note that MFAT wil shortly be providing advice to the Minister of Foreign
Af airs on the potential to introduce visa bans on extremist Jewish settlers,
and 6(a)
Information
Official
the
Rebecca Kitteridge
Rt Hon Christopher Luxon
Chief Executive
Prime Minister
under
Chair, National Security Board
….…../………/…….
…….../…….../……..
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link to page 5 link to page 5 link to page 5 link to page 5
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The Prime Minister may make designations to combat terrorism
13. Designation of an entity under the Act is one mechanism to give ef ect to New Zealand’s
obligation under United Nations Security Council Resolution 1373 to take steps to outlaw the
financing of, participation in, and recruitment to, terrorist entities.
14. It is an offence under New Zealand law to deal with a designated entity’s property, financial,
or related services. It is an offence to knowingly recruit for a designated entity or participate
in a group for the purpose of enhancing its ability to carry out a terrorist act. Members of a
designated entity are not entitled to a visa or permission to enter New Zealand. Membership
of a designated entity alone is not an offence.
15. The statutory determination for being deemed a terrorist entity, under section 22 of the Act, is
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that ‘the Prime Minister believes on reasonable grounds that the entity has knowingly carried
out, or has knowingly participated in the carrying out of, one or more terrorist acts’.
16. In order to designate, the of icials-level Terrorist Designations Working Group (TDWG)
2
Act
develops a ‘Statement of Case’ (
Attachment A), to provide assurance that the statutory
criteria for designation have been met. The TDWG also assesses designations against 2010
Cabinet criteria,
3 and considers other relevant factors, before providing advice to the chief
executive-level NSB
4 (
Attachment B). The NSB then provides a recommendation to you
about whether to designate an entity.
17. You must consult with the Attorney-General before designating an entity for the first time.
18. 9(2)(h)
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New Zealand has designated Hamas’ military wing since 2010
19. Hamas has Palestinian nationalist and Sunni Islamist objectives. Hamas exercises de-facto
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governance of the Gaza Strip and has wide linkages and involvement in Gaza, including
provision of public services such as health, education, and security.
20. In 2006, officials provided advice to the Prime Minister which proposed designating the military
the
wing of Hamas, also known as Izz al-Din al-Qassam Brigades (IQB),
5 and suspending a
decision on the potential designation of the political wing for a fixed time. That approach aimed
to demonstrate action against IQB as perpetrators of terrorist acts, whilst offering
encouragement to the political wing to continue to move away from violence, in the context of
recent electoral victories and a reduction in hostilities. The Prime Minister did not designate
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any part of Hamas at that time.
21. In October 2010, the Prime Minister designated IQB. Prime Ministers have renewed the IQB
designation in October 2013, September 2016, September 2019, and August 2022. Of icials’
2 TDWG meets regularly to develop advice on the potential designation, renewal, or revocation of designations. TDWG
is chaired by New Zealand Police, and includes officials from DPMC (National Security Policy Directorate and National
Assessments Bureau), Crown Law Office, Ministry of Foreign Affairs and Trade (MFAT), New Zealand Defence Force
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(NZDF), and Combined Threat Assessment Group (CTAG, which is hosted in the New Zealand Security Intelligence
Service (NZSIS)).
3 The 2010 Cabinet-agreed criteria include New Zealand’s contribution to international security environment, threats
posed to New Zealanders, the entity’s presence in or links to New Zealand, and the nature and scale of the entity’s
involvement in terrorism (DES Min (10) 2/5 refers – see Attachment B for further details).
4 The National Security Board, which was previously known as the Security and Intel igence Board (SIB), is a CE-level
governance board, chaired by DPMC. Members include Government Communications Security Bureau, Ministry of
Business, Innovation and Employment, Ministry of Defence, MFAT, Ministry of Transport, NZ Police, NZ Customs
Service, NZDF, NZSIS, and the Treasury.
5 Other names include the Ezzedeen Al-Qassam Brigades (EQB), or Izz al-Din Al-Qassem Brigades (IQB).
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advice on renewals from 2013-2019 focused only on IQB and did not raise the question of
wider designation.
22. In 2022, officials recommended to the Prime Minister that the designation of IQB be renewed.
At the time, officials did not undertake the formal assessment as to whether the political wing
of Hamas met the threshold for designation. Of icials did consider the possibility of expanding
the designation 6(a)
The Prime Minister accepted this advice, and only renewed the
designation of IQB.6
23. Since then, Hamas has conducted further at acks. These at acks have both highlighted the
egregiousness of Hamas’ activity, and also undermined the previous rationale for not
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designating Hamas in its entirety. This decision therefore warrants reconsideration.
The entirety of Hamas meets the statutory threshold for designation
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24. Before you consider whether to designate the entirety of Hamas under section 22 of the Act,
you must first believe on reasonable grounds that it has knowingly carried out, or has
knowingly participated in the carrying out of, one or more terrorist acts.
25. Hamas has conducted numerous terrorist acts since 2010. The most recent acts have
occurred since 7 October 2023, when Hamas attacked Israel from the Gaza Strip, killing over
1,200 people and taking an estimated 240 people into Gaza as hostages. The political
leadership of Hamas publicly supported and explained the objectives of the attack, and
committed to conducting future attacks of a similar nature and magnitude. Hamas’ political
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leadership has stated that it considers its military and political wings to be the same entity.
26. This is documented in the attached Statement of Case (Attachment A). The Statement of Case
is based on open-source unclassified reporting. It provides the formal legal assessment of
whether the statutory criteria for designation under the Act have been met.
27. The assessment as to whether Hamas meets the statutory requirements in the Act for
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designation includes consideration of whether Hamas’ actions complied with the rules of
international law applicable to an armed conflict.
7 The Statement of Case assesses it is clear
that Hamas’ actions on 7 October did not comply with those rules.
the
28. The NSB paper (At achment B) assesses other relevant criteria agreed by Cabinet in 2010
(see footnote 3). It also covers additional considerations and risks specific to the potential
expansion of the Hamas designation, a number of which are further articulated below.
29. NSB discussed these two papers in December 2023 and considers there are reasonable
grounds to believe that Hamas, rather than only its IQB military wing, has knowingly carried
under
out, or has knowingly participated in the carrying out of, one or more terrorist acts, under
section 22 of the Act. Therefore, the entirety of Hamas meets the statutory and Cabinet-
mandated criteria for designation.
You have discretion as to whether you designate Hamas
30. The Act does not require that every entity that meets the criteria must be designated. Even if
you agree you have the grounds to make a designation, you have the discretion to decide
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whether you should do so. This section outlines a range of issues and risks for your
consideration.
6 On the same rationale, the Prime Minister also renewed the designation of the military wing of Hezbol ah (Islamic
Resistance).
7 Section 5(4) states that an act is not a terrorist act if “it occurs in a situation of armed conflict and is, at the time and
in the place that it occurs, in accordance with rules of international law applicable to the conflict.”
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There is no longer a foreign policy rationale for a narrow designation
31. The nature and magnitude of the October 2023 attacks, and the posture and statements made
by Hamas’ political leadership since then, significantly undermine the previous foreign policy
rationale for not designating the entirety of Hamas, 6(a)
.
32. The Ministry of Foreign Af airs and Trade (MFAT) has assessed the potential impact of
designation on New Zealand’s interests in various scenarios. 6(a)
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Act
33. Designation wil not create any legal impediment to communication with Hamas, should
New Zealand decide it is in our interests to engage, although it might have a political impact
on Hamas’ wil ingness to engage with New Zealand.
Any impact on humanitarian and development support is considered manageable 34. Gaza (and other parts of the occupied Palestinian territories) has been a long-standing
recipient of humanitarian and development support from both the New Zealand government
and civil society.
35. The effect of designating Hamas in its entirety will make it very dif icult to provide funds and
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support directly to Hamas without risking contravention of the Act. This is a key objective of a
terrorist designation.
36. The designation of an organisation as a terrorist entity does not extend to the population or
individuals governed by that organisation, even if they are supporters of its aims and
objectives. Therefore, although Hamas ef ectively governs Gaza, this does not mean that all
residents of Gaza are “members” of Hamas, and provision of aid to a Palestinian civilian who
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supports Hamas does not equate to provision of aid to Hamas.
37. Of icials have considered the experiences of our like-minded partners and the specific
the
provisions of the Act. We assess that designating Hamas in its entirety would not negatively
impact the ongoing provision of humanitarian and development support by the New Zealand
Government for the benefit of Palestinian civilians in Gaza
8 via credible and reputable
international organisations (for example the International Red Cross and Red Crescent
Movement, United Nations agencies, and NGOs like World Vision). Some of these
international organisations wil deliver through local civil society organisations.
under
38. Similarly, New Zealanders and charities or NGOs who want to support af ected Palestinian
civilians in Gaza would be able to do so, taking a similar approach to that outlined above.
9(2)(g)(i)
39. Of icials will develop advice for New Zealanders, NGOs, and charities on provision of support
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to Gaza following the designation. 9(2)(f)(iv)
8 Designating the entirety of Hamas does not remove the possibility of engaging with other organisations in the occupied
Palestinian territories. The Palestinian Authority, which governs the West Bank, is separate from Hamas and New
Zealand engages in regular dialogue with it.
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9(2)(f)(iv)
There may be questions raised around consistency in application of the Act to other actors
engaged in egregious activity
40. 9(2)(g)(i)
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41. 9(2)(h)
Act
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42. Similar considerations apply for instance in respect of the acts of Russia in Ukraine. There
are likely other actors that may be proposed for potential designation under the Act for which
it is possible there are grounds for designation. Nevertheless, officials are comfortable that
the presenting facts in relation to Hamas mean there is suf icient justification for this
designation at this time, and that New Zealand is taking an appropriate and principles-based
approach to the conflict and wider issues in the region.
Official
43. 6(a), 9(2)(f)(iv)
the
under
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9 9(2)(h)
.”
10 9(2)(f)(iv)
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6(a)
44. Designating the entirety of Hamas would be consistent with the approach of 6(a)
international partners:
a) Australia initially listed the IQB in 2003, and replaced this with a new listing of Hamas in
its entirety in March 2022.
b) The UK initially listed IQB in 2001, and extended this to Hamas in its entirety in
November 2021.
c) The United States (since 1997), Canada (since 2002), and the European Union (since
2003
11) have designated Hamas in its entirety.
45.
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6(a)
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6(a)
46. 9(2)(f)(iv)
47. 9(2)(f)(iv)
Information
48. There are certain factors that may impact the nature of domestic public reaction and protest
activity. These include:
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• 9(2)(g)(i)
the
• 6(a), 9(2)(g)(i)
under
11 Hamas has challenged the EU decision in several cases since 2010, with varying results. Most recently, in 2021, the
European Court of Justice confirmed that Hamas should be on the EU list of designated terrorist entities.
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9(2)(f)(iv)
. 9(2)(ba)(i)
6(a), 9(2)(g)(i)
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• 6(a), 9(2)(g)(i)
• 9(2)(f)(iv)
49. 9(2)(f)(iv)
9(2)(f)(iv)
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50. 9(2)(f)(iv)
Act
There wil be operational impacts 51. A designation is likely to have operational impacts on agencies, including: policing protests,
management of national security persons of interest, and the classification and take down of
online objectionable material. This is currently assessed as manageable as part of agencies’
usual operations. 9(2)(f)(iv)
Information
52. 6(a)
Limitations under the Bil of Rights can be justified
Official
53. A decision to designate a terrorist entity involves the exercise of discretion and the Prime
Minister must consider whether any limitations to rights recognised in the New Zealand Bil of
Rights Act 1990 (NZBORA) can be dem
the onstrably justified in a free and democratic society.
54. Designating Hamas as a terrorist entity wil result in participation in and recruitment for Hamas
becoming criminal offences. This may indirectly limit freedom of expression and freedom of
association. NSB’s view is that any such limits can be demonstrably justified in a free and
democratic society.
under
6(a)
55. 6(a)
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Mitigating risks: Timing, communications and engagement, and cross-
government coordination
56. There are a range of matters to consider if you decide to proceed with designation. These
include when and how to announce your decision, and measures to mitigate and manage the
above risks.
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The timing of an announcement warrants careful consideration
57. 9(2)(g)(i)
Communications and community engagement wil be important components of the decision
58. Terrorism designations have previously been announced by press release. Given an
expanded Hamas designation is likely to attract significant domestic and international interest,
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NSB also recommends a nuanced communications plan and a more comprehensive focus on
community engagement ahead of, and after, any announcement.
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59. DPMC is working with other agencies to develop a communications and community
engagement plan to reflect the complexities of the designation and to help mitigate some of
the risks noted above. An overview of these is provided at
Attachment D for your initial
feedback. DPMC wil work with your of ice to develop these further.
60. The communications plan will provide a narrative which:
• outlines the rationale for designating Hamas at this time;
• provides context around New Zealand’s position on all parties’ actions in the conflict,
including those of Israel;
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• distinguishes the designation of Hamas from the Palestinian people (including the
domestic Palestinian community) and residents of occupied Palestinian territories,
• reaffirms ongoing government support for the Palestinian people including via
humanitarian aid, and the ongoing ability for New Zealanders to provide support to
humanitarian and development efforts in Gaza via charities and NGOs; and
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• underscores New Zealand’s appropriate and principles-based approach to the conflict and
wider issues in the region.
61. Talking points wil also address potential questions such as why the IDF has not been similarly
the
designated, among other things.
62. If you decide to proceed with aligned or simultaneous announcements on the designation and
on visa bans for Israeli settlers, we wil develop consistent communications and engagement
plans for both issues. 6(a), 9(2)(g)(i)
under
63. Proactive engagement with stakeholder communities wil be important to ensure this decision
does not land as a surprise. Of icials wil discuss the mechanics of this with your office, as
part of the engagement plan.
64. 6(a), 9(2)(g)(i)
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Cross-government coordination via the ODESC system wil continue as appropriate
65. DPMC’s Strategic Crisis Management Unit coordinated a Watch Group meeting on
9 January 2024 to ensure the system is prepared to understand and mitigate any such risk
and domestic impacts that may arise should you choose to make this designation. This
briefing reflects the discussions in that meeting, as well as issued raised during NSB’s
discussions in December 2023.
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66. DPMC wil continue to convene further meetings via the ODESC system as necessary and
appropriate to understand, mitigate, and manage any risks arising from a designation.
67. Individual agencies wil also continue their own normal operations and risk management
associated with a designation (e.g. policing of protests).
Next steps
You are required by law to consult the Attorney-General before making a decision
68. If you decide to proceed with expansion of the designation, there are several further practical
steps to ef ect this change. Section 22(4) of the Act requires you to consult with the Attorney-
General before designating an entity for the first time. A draft letter to the Attorney-General is
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at
Attachment C, seeking her consideration of the proposed designation.
69. The Attorney-General is likely to seek advice from the Crown Law Of ice (CLO) (this will be
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dif erent advisers to those who supported the development of the Statement of Case and NSB
paper, to ensure an independent assessment). CLO is aware of the potential for this request.
DPMC wil then support you to finalise the designation
70. Following consultation with the Attorney-General, DPMC will provide you with the necessary
documentation to finalise the designation, including letters to the Commissioner of Police and
to Parliament’s Intelligence and Security Committee.
71. If you decide to designate the entirety of Hamas, you must follow this with a revocation of the
current designation of IQB, pursuant to section 29C of the Act. This is because the designation
of IQB wil be superseded by and incorporated into the designation of Hamas in its entirety.
Information
72. Following these steps, the decision must be gazetted. Gazetting usually takes place a few
days after a decision by the Prime Minister.
73. A revised unclassified version of the Statement of Case wil be published on the Police website
following your decision.
Official
Future designations advice
74. Beyond the Hamas decision, of icials’ planned advice to you in the first half of 2024 includes:
the
a) 6(a), 9(2)(f)(iv)
b)6(a), 9(2)(f)(iv)
under
c) 6(a), 9(2)(f)(iv)
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Attachments
Title
Security classification
Attachment A:
Statement of Case to Designate the Entirety of
Unclassified
Hamas as a Terrorist Entity
Attachment B:
National Security Board Paper: Terrorist
Designation of the Entirety of Hamas under the
Terrorism Suppression Act
Attachment C:
Draft Letter to the Attorney-General
Unclassified
Attachment D:
Draft Communications Plan and Engagement
In Confidence
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Approach
Act
Attachment D removed and withheld in full under section 9(2)(f)(iv)
Information
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the
under
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1
ATTACHMENT A
STATEMENT OF CASE TO DESIGNATE THE ENTIRETY OF HAMAS AS A
TERRORIST ENTITY
PURPOSE
1.
This paper sets out the case demonstrating that Harakat Al-Muqawama al-Islamiaya
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(Islamic Resistance Movement, known as Hamas)
1 meets the statutory criteria for
designation as a terrorist entity within New Zealand pursuant to the Terrorism
Suppression Act 2002 (TSA).
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STRUCTURE OF THIS PAPER
2.
This paper details various aspects of Hamas, including its background and history;
ideology and objectives; organisation and structure; and weapons, tactics, and
capabilities, before detailing case studies of attacks that meet the definition of a terrorist
act under the TSA.
3.
A discussion preceding the case studies provides background about the situation in the
Gaza Strip of the Occupied Palestinian Territories (‘Palestine’), about the relationship
between the Izz al-Din al-Qassam Brigades (IQB) and the greater Hamas o
Information rganisation.
The participation of al layers of the organisation in the events October 2023 in Israel
provide the basis for this paper’s conclusion that the entirety of Hamas meets the legal
criteria for designation as a terrorist entity under the TSA.
STATUTORY CRITERIA FOR THIS DESIGNATION UNDER THE TSA
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4.
The Prime Minister has the power under the TSA to designate individuals or groups as
terrorist entities. Section 22 provides that the Prime Minister may designate an entity as
a terrorist entity if the Prime Minister believes on reasonable grounds that the entity has
the
knowingly carried out, or has knowingly participated in the carrying out of, one or more
terrorist acts.
5.
A terrorist act is defined in s 5 of the TSA. A number of different acts fal within this
definition. The s 5 criteria relevant to this paper are those that deem an act to be a
under
terrorist act if it:
5.1
Is an act against a specified terrorism convention (as defined in
section 4(1),
which relevantly includes the International Convention against the Taking of
Hostages, adopted by the General Assembly of the United Nations on
17 December 1979);
5.2
Is intended to cause the death of, or serious bodily injury to, one or more
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5.3
Is carried out for the purpose of advancing an ideological, political, or religious
cause; and
5.4
Is intended to either:
December 2023
2
5.4.1
induce terror in a civilian population; or
5.4.2
unduly compel or force a government or an international organisation
to do or abstain from doing any act; and
5.5
Is not an act that occurs in a situation of armed conflict and which is, at the time
and in the place that it occurs, in accordance with rules of international law
applicable to the conflict.
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Credibility of sources
6.
This paper has been prepared using a wide range of open or unclassified sources that
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have a reputation for careful reporting from varying perspectives. These include the
New York Times, Al Jaazera, Time, The Washington Post, BBC News, Associated
Press, Wall Street Journal, Forbes, CNN, Reuters, Politico, The Guardian, Middle East
Eye, Jewish News Syndicate, and Memri TV.
7.
A range of think tanks were referred to including Pew Research Centre, Janes World
Insurgency and Terrorism, Council of Foreign Relations, Jewish Virtual Library,
Counter-Extremism Project, Axios, Anti-Defamation League, Flashpoint, and Middle
East Monitor.
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8.
Other sources utilised include the Counter Terrorism Centre Sentinel, published by the
US Military Academy.
Background
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9.
Hamas, formally named Harakat al-Muqawama al-Islamiya, is also known as Islamic
Resistance Movement, Al-Tiar al-Islami, and Al-Athja al-Islami. Hamas has Palestinian
nationalist and Sunni Islamist objectives. In 2006 Hamas participated in, and won, the
the
Palestinian legislative election – the last ever held in the Palestinian territories – and
were invited by Palestinian Authority President to form the new government. In 2007
a dispute between the two main Palestinian parties, Hamas and Fatah, resulted in Hamas
taking control of Gaza and leaving the Palestinian Authority in charge of the West Bank.
Reconciliation attempts have so far alluded the two parties. Hamas has exercised de-
under
facto governance of the Gaza Strip since then and has assumed responsibility for the
provision of public services, including health, education, and security.
10.
New Zealand designated the ‘military wing’ of Hamas, also known as Izz al-Din al-
Qassam Brigades (IQB), Ezzedeen Al-Qassam Brigades (EQB), or Izz al-Din Al-
Qassem Brigades (IQB), in October 2010 and renewed in October 2013, September
2016, September 2019, and August 2022.
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11.
The entirety of Hamas has never been designated under New Zealand’s designations
system.
12.
This Statement of Case provides for the designation of Hamas in its entirety, and the
revocation of the existing designation of IQB on the basis that it is superseded by the
new designation.
December 2023
link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21
3
Establishment of Hamas and the Izz al-Din al-Qassam Brigades
13.
Hamas was founded in December 1987 at the time of the first Palestinian Intifada
(‘uprising’) against Israeli control of the Occupied Palestinian Territories (consisting of
Gaza and the West Bank).
2 Hamas conducted a series of violent attacks against both
Israel (including suicide bombings) as wel as Palestinian “collaborators”. Hamas’
Charter was published in 1988 and updated in 2017, and records the stated commitment
of the organisation to “liberating Palestine” from Israeli occupation and achieving an
1982
Islamic Palestinian State.
3 The 2017 revision of the Charter sought to clarify that Hamas’
struggle was with “the Zionist project” and “not with the Jews”: nonetheless it
reaffirms that armed resistance to occupation is a legitimate strategic choice to achieve
Act
political and religious objectives.
4
14.
In May 2009, Hamas’ then political (and overarching) leader Khaled Meshal said in an
interview that the organisation maintained the right to resist and to respond to the
Israeli occupation and that “the central goal is the liberation of the occupied land and
regaining our rights, ending the Israeli occupation, leading our people toward liberation
and freedom, achieving the rights of self-determination and living in a sovereign state
on liberated land.”.
5
15.
Prior to the conflict of 2023, and subsequent to Hamas taking sole control of Gaza after
Information
2007, Hamas and Israel fought four short wars in 2008-9, 2012, 2014, and 2021.
Ideology and Objectives
16.
Hamas is a Palestinian nationalist and Sunni Islamist group. The group was established
with the goal of “liberating” Palestine through armed resistance. The group has
Official
operated as a religious and social movement, with roots in the ideology of the Muslim
Brotherhood, providing welfare and support to the Palestinian people. Since its
formation, the group has maintained an armed resistance to what it sees as Israeli
the
occupation.
6
17.
Hamas is divided into three main functions: political, social services (education, health
and welfare) and military
.7 There are also a number of police/security units that fal
under the political leadership, including the Executive Force, which is a security force
under
established after Hamas won the Palestinian legislative election in 2006.
8 The social
services provided by Hamas in Gaza (and at significant levels in the West Bank until
2007), are wide ranging and of long standing – Hamas funds schools, orphanages,
mosques, healthcare clinics, soup kitchens, and sports leagues.
9
18.
IQB carries out the military function of Hamas and aligns with the greater Hamas
groups’ ideology – to carry out war against Israel and the stated goal to “liberate
Palestine”.
10 The IQB also aligns with the same contemporary leaders of Hamas and is
Released
committed to the goals laid out in the groups’ 1988 founding charter and supplementing
2017 charter.
11
19.
The leadership of Hamas considers that there is no division between the organisation’s
political, social, and military components.
12 Hamas’ political leaders often refer to the
militant actions and capabilities of the Brigades in the possessive, implying that the
December 2023
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4
Brigades’ activities, including the use of terrorism, are sanctioned by and carried out as
part of the wider Hamas organisation. While Hamas is a complex organisation with
some internal factionalism, al functions are ultimately subordinate to the political
leadership and committed to the use of terrorism to further the group’s goals.
20.
Hamas’ Izz al-Din al-Qassam Brigades carried out the attacks of 7 October 2023, with
the support of Hamas’ political leadership in Qatar, Türkiye, and Lebanon. Following
the terrorist attacks, Ismail Haniyeh, the head of the Hamas Political Bureau, made a
1982
statement endorsing, and setting out the attacks’ objectives.
Links to Other Groups
Act
21.
While the 7 October 2023 attacks are solely attributed to Hamas – including in remarks
by Hasan Nasrallah, the head of Lebanon based Hezbollah – they have been endorsed
by Hezbollah’s leadership.
13 In his speech of 3 November 2023, Nasrallah endorsed
Hezbollah’s daily strikes against northern Israel and the effect of these in weakening
Israel’s fight against Hamas in the south. He noted that Hezbollah’s exchanges with
Israel on the Lebanese border were “a front of solidarity and support for Gaza” and
warned that “al the options are on the table” when it came to Hezbollah’s evolving
approach to developments in the region.
Information
22.
Palestinian Islamic Jihad (PIJ) participated in the 7 October 2023 attacks in support of
Hamas, firing rockets and taking additional hostages.
14 PIJ has a long history of training
with and supporting Hama
s15 and was last renewed as a designated terrorist entity by
New Zealand in September 2022. Established in the 1980s, PIJ’s primary objective is to
establish a sovereign Palestinian Islamic State. PIJ continues to violently oppose the
existence of the Israeli state, particularly through their armed wing known as the al-
Official
Quds Brigades.
16
23.
Al-Aqsa Martyrs’ Brigade (AAMB) also participated in the 7 October 2023 attacks, with
the
their social media channels showing videos of fighters alongside injured Israeli
soldiers.
17 AAMB were last renewed as a designated terrorist entity by New Zealand in
September 2022. AAMB is a Palestinian militant organisation that has historically
carried out attacks against Israel. AAMB was founded in the late 1950s and has
historical y been loosely associated with Fatah, the main component of the Palestine
under
Liberation Organization (PLO).
Organisation and Structure
24.
Ismail Haniyeh currently serves as Hamas’ political chief, having replaced long-time
leader Khaled Meshaal in 2017.
18 Haniyeh has operated from Doha, Qatar, since 2020.
Following Hamas’ actions on 7 October 2023 Ismail Haniyeh delivered a televised
statement endorsing the acts and referring to the IQB as merely one indistinct part of
Released
Hamas’ broader political organisation, or “the Resistance”.
19
25.
Day-to-day affairs in Gaza are overseen by Yahya Sinwar, who previously headed IQB,
and served twenty-two years in an Israeli prison for masterminding the abduction and
killing of two Israeli soldiers.
20 As of June 2021, the head of Gaza’s Government
Administration Committee is Issam al-Da’alis.
21
December 2023
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5
26.
Hamas has an estimated 30,000–40,000 members as of October 2023.
22 The majority
of these are IQB fighters.
23
Weapons, Tactics and Capability
Military capability and tactics
27.
Hamas typically uses asymmetrical, guerril a warfare in its attacks, including rocket
barrages, snipers, improvised explosive devices, and typically operates from
1982
undergr
ound tunnels.
28.
Hamas routinely operates across the borders of the Occupied Palestinian Territories
Act
and Israel, for example periodically firing rockets and mortars into Israel since the group
took over the Gaza Strip in the mid-2000s. Hamas had an estimated
thirty thousand
rockets and mortars in its arsenal prior to the 7 October 2023 attacks, as well as short
to longer range missiles and drones.
24,25 Hamas militants have also previously
flown
bal oons carrying incendiary devices toward Israel, which have sometimes caused fires.
26
Prior to October 2023 the group had also carried out incursions into Israeli territory,
killing and kidnapping soldiers and civilians.
29.
The attacks on 7 October 2023 were conducted from air, land, and sea marking an
Information
unprecedented scale and sophistication for Hamas,
27 for instance involving paragliders,
bulldozers, pickup trucks, and motorbikes.
Funding sources
30.
Hamas maintains a number of social programmes.
28 Hamas col ects a substantial
Official
amount of its funding from charities it controls, especial y in Europe.
29 Funds raised
from the social programmes are often diverted to fund IQB, which in turn uses Hamas’
social wing for recruitment.
30
the
31.
In previous years, foreign aid to Gaza was partly used to pay the salaries of Hamas
members working in government – effectively public servants in Gaza. Other foreign
funding was used by Hamas to fund military operations.
31
under
32.
Prior to the 7 October 2023 attacks, Hamas col ected revenue by taxing goods moving
through a sophisticated network of tunnels that circumvented the Rafah Crossing (the
only entry point to Egypt) into Gaza
.32,33 This brought staples such as food, medicine,
and cheap gas for electricity production into the territory, as wel as construction
materials, cash, and arms.
EVIDENCE TO SUPPORT DESIGNATION RENEWAL UNDER THE TSA
Released
At ack on 7 October 2023
33.
On 7 October 2023, Hamas attacked Israel from the Gaza Strip killing over 1,200
people
34 and taking an estimated 240 persons into Gaza as hostages.
35 Reporting
indicates the attack was planned up to 12 months beforehand, possibly longer.
36
December 2023
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6
34.
Hamas militants began the attack with a rocket barrage, deployed drones to destroy
security cameras and automated machine gun defences,
37 and crossed the border
between Israel and Gaza. Civilians at the Supernova music festival
38 and in nearby Israeli
kibbutzim were specifically targeted in line with Hamas’ stated intentions.
39 Footage of
the attack disseminated on social media showed Hamas militants shooting bursts of
automatic fire into crowds of unarmed civilians and into closed portaloos at the music
festival.
40
1982
35.
Hamas specifically targeted civilians to kill and kidnap, including infants and children.
41
There have been reports of victims being tied together and burned alive, women raped,
individuals beheaded, and mutilated body parts.
42
Act
Hamas’ political leadership’s endorsement and explanation of the 7 October 2023 at ack
36.
The political leadership of Hamas publicly supported and explained the objectives of
the 7 October 2023 attack, and committed to conducting attacks of a similar nature and
magnitude in the future. Specific examples are detailed below:
a. Hamas spokesperson Khaled Qadomi publicly endorsed the attack on Israel, saying,
“We want the international community to stop atrocities in Gaza against Palestinian
people, our holy sites like Al-Aqsa [Mosque]. Al these things are the reason behind
Information
starting this battle.”
43,44
b. On 24 October 2023, senior Hamas official Ghazi Hamad stated in a televised
interview that Hamas’ leadership support the attack of 7 October 2023 and wil
continue to conduct similar attacks until “Israel is annihilated”.
45
Official
c. On 2 November 2023, Hamas official Ayman Shanaa (Head of Hamas in Lebanon),
stated in a televised interview that “what we did on October 7 was [to exercise] the
legitimate right of the resistance on its path to liberate its land”.
46 He stated that the
the
actions were in defence of their [Palestinian] land. Shanaa further stated that Israeli
settlers in the ‘Gaza Envelope’
a were combatants, implying they were viewed as
legitimate targets despite their civilian status.
d. In a radio interview on 7 November 2023, senior Hamas official Osama Hamdan
under
stated that the 7 October 2023 attack was part of Hamas’ long-term strategy and he
would endorse repeating the actions.
37.
There are reports to indicate Hamas’ political leadership is involved in the management
of hostages taken during the 7 October 2023 attack. Although this remains to be
verified, an Israeli civilian who was taken hostage by Hamas then released in October
2023 claimed that Hamas’ political leader Yahar Sinwar was present with the hostages
and interacted with many of them.
47 This followed Ismail Haniyeh, head of the Hamas
Released
Political Bureau, in his 7 October 2023 statement, referring to the taking of hostages on
a The ‘Gaza Envelope’ is a 7-kilometre land area extending from the border of Gaza, which is in range of mortar shel s
and rockets fired from the Gaza Strip. The area is populated by Israeli neighbourhoods and is frequently targeted by
Hamas rockets. (26/03/2017,
‘Kibbutz Under Fire: Back to the Days of Sickle and Bayonet’, Project Muse, accessed from
https://muse.jhu.edu/article/652041).
December 2023
link to page 22
7
7 October, and stating an objective of the attacks was to obtain the release of
Palestinians imprisoned in Israel.
At acks since 7 October 2023
38.
On 1 December 2023, two Hamas members shot and kil ed civilians at a bus stop in West
Jerusalem, Israel. Hamas claimed responsibility for the attack. A statement posted on the
group’s Telegram channel said the operation was in response “to the occupation’s crimes
1982
of kil ing children and women in Gaza and the occupied West Bank”
.48
LAW OF ARMED CONFLICT
Act
39.
Section 5(4) of the TSA provides that an act does not constitute a terrorist act for the
purposes of the TSA if two conditions are met. The first condition is that there must
be a situation of armed conflict in those areas in which the entity conducts its
operations, at the time the act occurs. Secondly, the act must accord with the rules of
international law applicable to the conflict – the law of armed conflict (LOAC). If one
of these conditions is not met, the acts in question may constitute a terrorist act.
40.
The activities of Hamas referred to in paragraphs 33-38 above occurred in a region of
long standing tension and were the subject of a significant military response by Israel.
Information
While there is now a situation of armed conflict between Hamas and Israel, assessing
the geographical scope and temporal length of that conflict is inherently complex.
41.
However, even if the activities of Hamas referred to in this statement of case occurred
in an armed conflict, it is clear that they did not comply with the rules of international
law applicable to an armed conflict as they intentional y and openly targeted civilians in
Official
breach of the LOAC principle of distinction, and with the intent of intimidating the
civilian population and coercing or forcing Israel into releasing Palestinians held in
Israel’s prisons. Hamas also breached other obligations of the LOAC including taking
the
hostages, consisting of an unknown number of civilians, from Israel into Gaza with the
same intent.
42.
Accordingly, the exemption in s 5(4) cannot apply and Hamas’ attacks are properly
characterised as terrorist acts.
under
REVOCATION OF THE DESIGNATION OF IQB
43.
The designation of the entirety of Hamas (including IQB) supersedes and incorporates
the existing designation of IQB. To avoid duplicate designations, it is recommended
the existing stand-alone designation of IQB be revoked under section 34(1) of the Act.
Released
December 2023
8
1 26/10/2023,
‘Proscribed terrorist groups or organisations’, UK Government, accessed
at https://www.gov.uk/government/publications/proscribed-
terror-groups-or-organisations--2/proscribed-terrorist-groups-or-organisations-accessible-version.
2 1/04/2010,
‘Hamas’, Jane’s World Insurgency and Terrorism, accessed at
http://www4.janes.com/subscribe/jwit/doc_view.jsp?K2DocKey=/content1/janesdata/binder/jwit/jwit0132.htm@current&Prod_Name=JWI
T&QueryText=%3CAND%3E%28%3COR%3E%28%28%5B80%5DHamas+%3CIN%3E+body%29%2C+%28%5B100%5D+%28%5B100
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3 2/05/2017,
‘Hamas in 2017: The document in full’, Middle East Eye, accessed at
https://www.middleeasteye.net/news/hamas-2017-document-
full.
1982
4
ibid.
5 5/05/2009,
‘Transcript: Interview With Khaled Meshal of Hamas’, New York Times, accessed at
http://www.nytimes.com/2009/05/05/world/middleeast/05Meshal-transcript.html.
6 1/11/2023,
‘Hamas Of icial Ghazi Hamad: We Wil Repeat The October 7 At ack, Time And Again, Until Israel Is Annihilated; We Are Victims –
Act
Everything We Do Is Justified’, Memri, accessed at https://www.memri.org/reports/hamas-official-ghazi-hamad-we-will-repeat-october-7-attack-
7
time-and-again-until-israel.
1/04/2010,
‘Hamas’, Jane’s World Insurgency and Terrorism, accessed at
http://www4.janes.com/subscribe/jwit/doc_view.jsp?K2DocKey=/content1/janesdata/binder/jwit/jwit0132.htm@current&Prod_Name=JWI
T&QueryText=%3CAND%3E%28%3COR%3E%28%28%5B80%5DHamas+%3CIN%3E+body%29%2C+%28%5B100%5D+%28%5B100
%5DHamas+%3CIN%3E+title%29+%3CAND%3E+%28%5B100%5DHamas+%3CIN%3E+body%29%29%29%29 .
8 1/04/2010,
‘Hamas’, Jane’s World Insurgency and Terrorism, accessed at
http://www4.janes.com/subscribe/jwit/doc_view.jsp?K2DocKey=/content1/janesdata/binder/jwit/jwit0132.htm@current&Prod_Name=JWI
T&QueryText=%3CAND%3E%28%3COR%3E%28%28%5B80%5DHamas+%3CIN%3E+body%29%2C+%28%5B100%5D+%28%5B100
%5DHamas+%3CIN%3E+title%29+%3CAND%3E+%28%5B100%5DHamas+%3CIN%3E+body%29%29%29%29 .
9 31/10/2023,
‘What is Hamas?’, Council on Foreign Relations, accessed at https://www.cfr.org/backgrounder/what-hamas
10 05/2017,
‘Hamas: General Principles and Policies’, Jewish Virtual Library, accessed at https://www.jewishvirtuallibrary.org/hamas-2017-document-
of-general-principles-and-policies.
11 25/07/2022,
‘Hamas’, Counter-Extremism Project, accessed at https://www.counterextremism.com/threat/hamas.
Information
12 1/12/2023,
‘The Road to October 7: Hamas’ Long Game, Clarified’, CTC Sentinel, US Military Academy.
13 3/11/2023,
‘Hezbol ah Leader Threatens Escalation, But Falls Short of Declaring War and Israel’, Time, accessed at
https://time.com/6331218/hezbol ah-nasrallah-speech-israel-war-lebanon/; 3/11/2023,
‘Who is Hasan Nasrallah, the leader of Hezbollah?’, The
Washington Post, accessed at https://www.washingtonpost.com/world/2023/11/03/hasan-nasrallah-hezbollah-leader/.
14 1/12/2023,
‘The Road to October 7: Hamas’ Long Game, Clarified’, CTC Sentinel, US Military Academy.
15 27/11/2023,
‘How Hamas built a force to attack Israel on 7 October’, BBC, accessed at https://www.bbc.com/news/world-middle-east-67480680
16 28/09/ 2022,
‘STATEMENT OF CASE TO RENEW THE DESIGNATION OF PALESTINIAN ISLAMIC JIHAD (PIJ) AS A
TERRORIST ENTITY’, NZ Police, accessed at https://www.police.govt.nz/sites/default/files/publications/renew-pij-terrorist-entity-28-aug-
2022.pdf.
Official
17 18/10/2023,
‘Beyond Hamas: Militant and Terrorist Groups Involved in the October 7 at ack on Israel’, Flashpoint, accessed at
https://flashpoint.io/blog/israel-hamas-war-military-and-terrorist-groups/
18 31/10/2023,
‘What is Hamas?’, Council on Foreign Relations, accessed at https://www.cfr.org/backgrounder/what-hamas.
19 9/10/2023,
‘Haniyeh outlines context and objectives of Hamas Operation Al-Aqsa Flood’, Middle East Monitor, accessed at
the
https://www.middleeastmonitor.com/20231009-haniyeh-outlines-context-and-objectives-of-hamas-operation-al-aqsa-flood/
20 31/10/2023,
‘What is Hamas?’, Council on Foreign Relations, accessed at https://www.cfr.org/backgrounder/what-hamas.
21
ibid.
22 16/10/2023,
‘What is Hamas? The group that rules the Gaza Strip has fought several rounds of war with Israel’, Associated Press, accessed at
https://apnews.com/article/hamas-gaza-palestinian-authority-israel-war-ed7018dbaae09b81513daf3bda38109a.
23 21/10/2023,
‘What to know about Hamas’ Military Capabilities’, Axios, accessed at https://www.axios.com/2023/10/21/palestine-hamas-military-
power.
24
ibid.
under
25 31/10/2023,
‘What is Hamas?’, Council on Foreign Relations, accessed at https://www.cfr.org/backgrounder/what-hamas.
26
ibid.
27 21/10/2023,
‘What to know about Hamas’ Military Capabilities’, Axios, accessed at https://www.axios.com/2023/10/21/palestine-hamas-military-
power.
28 10/10/2023,
‘Hamas’, Anti-Defamation League, accessed at https://www.adl.org/resources/glossary-term/hamas.
29 27/11/2023,
‘How the West—and Israel Itself—Inadvertently Funded Hamas; Islamist organization diverted humanitarian assistance and levied taxes after
blockade of Gaza was eased’, Wall Street Journal, accessed via KAI Library.
30 10/10/2023,
‘Hamas’, Anti-Defamation League, accessed at https://www.adl.org/resources/glossary-term/hamas.
31 27/11/2023,
‘How the West—and Israel Itself—Inadvertently Funded Hamas; Islamist organization diverted humanitarian assistance and levied taxes after
blockade of Gaza was eased’, Wall Street Journal, accessed via KAI Library.
32 31/10/2023,
‘What is Hamas?’, Council on Foreign Relations, accessed at https://www.cfr.org/backgrounder/what-hamas.
Released
33 16/01/2009,
‘Where Hamas Gets its Money’, Forbes, accessed at https://www.forbes.com/2009/01/16/gaza-hamas-funding-oped-
cx_re_0116ehrenfeld.html?sh=169fccb37afb.
34 7/11/2023,
‘These charts show the scale of loss in the Israel-Hamas war’, CNN, accessed at
https://edition.cnn.com/2023/11/07/middleeast/palestinian-israeli-deaths-gaza-dg/index.html.
35 22/11/2023,
‘Explainer: What do we know about Israeli hostages in Gaza?’, Reuters, accessed at https://www.reuters.com/world/middle-east/what-
do-we-know-about-israeli-hostages-gaza-2023-11-22/.
36 30/12/2023,
‘Israel Knew Hamas’s At ack Plan More Than a Year Ago’, The New York Times, accessed at
https://www.nytimes.com/2023/11/30/world/middleeast/israel-hamas-attack-intelligence.html.
37
ibid.
December 2023
9
38 10/11/2023,
‘Supernova festival: How massacre unfolded from verified video and social media’, BBC, accessed at https://www.bbc.com/news/world-
middle-east-67056741.
39 8/10/2023,
‘Hamas surprise attack out of Gaza stuns Israel and leaves hundreds dead in fighting, retaliation’, Associated Press, accessed at
https://apnews.com/article/israel-palestinians-gaza-hamas-rockets-airstrikes-tel-aviv-11fb98655c256d54ecb5329284fc37d2.
40 10/10/2023,
‘What to know about the deadly Hamas attack on an Israeli music festival’, Al Jazeera, accessed at
https://www.aljazeera.com/news/2023/10/10/what-to-know-about-deadly-hamas-attack-on-the-israeli-music-festival.
41 1/12/2023,
‘The Road to October 7: Hamas’ Long Game, Clarified’, CTC Sentinel, US Military Academy.
42 14/11/2023,
‘UN reactions to Hamas massacre and its aftermath’, United Nations Watch, accessed at https://unwatch.org/un-officials-and-bodies-
react-to-october-2023-hamas-massacre-and-its-aftermath/,
‘The Road to October 7: Hamas’ Long Game, Clarified’, CTC Sentinel, US Military
Academy.
1982
43 8/10/2023,
‘What is Hamas’, A simple guide to the armed Palestinian group’, Al Jazeera,
accessed at
https://www.aljazeera.com/news/2023/10/8/what-is-the-group-hamas-a-simple-guide-tothe-palestinian-group.
45 1/11/2023,
‘Hamas Official: We Will Repeat Oct. 7 Until Israel is Annihilated’, Jewish News Syndicate, accessed https://www.jns.org/hamas-official-
we-will-repeat-oct-7-until-israel-is-annihilated/.
Act
46 2/11/2023,
‘Hamas Of icial Ayman Shanaa: The Zionists Are Carrying Out A 'Blatant At ack On Civilians' – They Must Be Stopped; On October 7 We
Exercised Our 'Legitimate Right' To Liberate Our Land And We Are Willing To Pay The Price’, Memri TV, accessed at
https://www.memri.org/tv/Zionists-attack-civilians-stopped-october-seven-legitimate-right-liberate-pay-price.
47 30/11/2023,
‘Israeli ex-Hostage says she confronted Hamas Chief Yahya Sinwar in Gaza Tunnel’, Reuters, accessed at
https://www.reuters.com/world/middle-east/israeli-ex-hostage-says-she-confronted-hamas-chief-yahya-sinwar-gaza-tunnel-2023-11-29/.
48 1/12/2023,
‘Hamas claims responsibility for deadly Jerusalem bus stop shooting’, The Guardian, accessed at
https://www.theguardian.com/world/2023/nov/30/jerusalem-bus-stop-shooting-attack-killed-injured.
Information
Official
the
under
Released
December 2023
Attachment B
Out of Session Paper
Members
National Security Board
Terrorist Designation of the entirety of Hamas under the Terrorism
1982
Suppression Act
Act
Purpose
1. This paper proposes the National Security Board (NSB) recommend to the Prime
Minister that he designate the entirety of Hamas as a terrorist entity.
Executive summary
2. The Terrorism Suppression Act 2002 (TSA) provides legislative authority for the Prime
Information
Minister to designate terrorist entities. This is one measure New Zealand takes to
contribute to the international campaign against terrorism. A designation under the TSA
freezes the assets of terrorist entities and makes it a criminal offence to participate in or
support the activities of that entity.
3. Successive Prime Ministers designated the military wing of Hamas, also known as Izz
Official
al-Din al-Qassam Brigades (IQB), Ezzedeen Al-Qassam Brigades (EQB), or Izz al-Din
Al-Qassem Brigades (IQB), in October 2010 and renewed this in October 2013,
September 2016, September 2019, and most recently August 2022.
the
4. Following the events of 7 October 2023, the former Prime Minister requested that officials
examine the designation of all of Hamas with a view to considering designating the
entirety of the organisation.
under
Background
5. Entities listed by the United Nations Security Council Resolutions (UNSCRs) 1267
(1999), 1989 (2011), 2253 (2015) and 1988 (2011) Commit ees (the UN 1267 and 1988
Committees) are automatically designated as terrorist entities in New Zealand under the
TSA. The UN lists comprises of Al-Qaida, Islamic State of Iraq and the Levant (ISIL), the
Taliban and associated individuals and entities.
Released
6. UNSCR 1373 leaves it to Member States to identify other entities against which they
should act. The TSA gives New Zealand the ability to designate non-UN-listed entities
of any group or individual where there are reasonable grounds to believe they have
knowingly planned, carried out, or knowingly participated in the planning or carrying out,
of one or more terrorist acts.
Out of Session Item 1B
Updated 20 December 2023
link to page 24 link to page 24 link to page 24 link to page 24
7. Under section 22(1) of the TSA, the Prime Minister may designate an entity as a terrorist
entity if the Prime Minister believes on reasonable grounds that the entity has knowingly
carried out, or has knowingly participated in the carrying out of, one or more terrorist
acts.
8. If an entity is designated under the TSA, it becomes an offence under New Zealand law
to deal with the entity’s property, financial, or related services, or to provide it with
property, funds, or material support. It is also an of ence to knowingly recruit for a group
that is a designated entity, or participate in such a group for the purpose of enhancing
its ability to carry out a terrorist act. Simple membership of a designated entity is not an
offence in New Zealand.
1982
9. The Terrorist Designations Working Group (TDWG) manages the process for advising
the Prime Minister on the designation of non-UN-listed terrorist entities in support of
Act
UNSCR 1373. The TDWG is chaired by New Zealand Police and includes officials from
Department of the Prime Minister and Cabinet (DPMC, National Assessments Bureau
and National Security Policy Directorate), New Zealand Defence Force (NZDF), Crown
Law Office, Ministry of Foreign Af airs and Trade (MFAT), and the Combined Threat
Assessment Group, (CTAG).
1
10. A designation as a terrorist entity made under section 22(1) automatically expires after
three years unless revoked or renewed by the Prime Minister prior to this time. In
accordance with section 35(2) of the Act, designations may be renewed, prior to their
expiry date, for a further three years if the Prime Minister believes that reas
Information onable
grounds exist, as set out in section 22, for an entity to be designated.
Designation of IQB to date
11. Hamas, formally named Harakat al-Muqawama al-Islamiya, is also known as Islamic
Official
Resistance Movement, Al-Tiar al-Islami, and Al-Athja al-Islami.
12. Hamas is divided into three main functions: political, social services (education, health
the
and welfare) and military.
2 There are also a number of police/security units that fall under
the political leadership, including the Executive Force, which is a security force
established after Hamas won the Palestinian Authority legislative elections in 2006.
3 The
social services provided by Hamas in both the West Bank and Gaza, are wide ranging
and long standing – Hamas funds schools, orphanages, mosques, healthcare clinics,
under
soup kitchens, and sports leagues.
4
1 The Combined Threat Assessment Group (CTAG) is an inter-agency group hosted and led within the New Zealand Security
Intelligence Service. The group gives independent assessments to government agencies about threats to New Zealand, New
Zealanders, and New Zealand’s interests abroad. CTAG is made up of analysts from NZSIS and other government agencies,
including: New Zealand Police, New Zealand Defence Force, Government Communications Security Bureau, the Civil
Aviation Authority and Aviation Security Service, and the Department of Corrections.
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2 1/04/2010, ‘Hamas’, Jane’s World Insurgency and Terrorism, accessed at
http://www4.janes.com/subscribe/jwit/doc_view.jsp?K2DocKey=/content1/janesdata/binder/jwit/jwit0132.htm@current&Prod_
Name=JWIT&QueryText=%3CAND%3E%28%3COR%3E%28%28%5B80%5DHamas+%3CIN%3E+body%29%2C+%28%5
B100%5D+%28%5B100%5DHamas+%3CIN%3E+title%29+%3CAND%3E+%28%5B100%5DHamas+%3CIN%3E+body%29
%29%29%29 .
3
Ibid. 4
Ibid. Out of Session Item 1B
December 2023
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link to page 25 link to page 25
13. Hamas has Palestinian nationalist and Sunni Islamist objectives. Hamas exercises de-
facto governance of the Gaza Strip and has wide linkages and involvement in Gaza
including provision of public services such as health, education, and security. Therefore,
there may be reasons why a person would engage with Hamas that are not related to
terrorism.
14. IQB performs the military function of Hamas and aligns with the greater Hamas groups’
ideology – to carry out war against Israel and liberate Palestine.
5 The IQB also aligns
with the same contemporary leaders of Hamas and is commit ed to the goals laid out in
the groups’ 1988 founding charter and supplementing 2017 charter.
6 New Zealand
designated the ‘military wing’ of Hamas, also known as IQB or EQB in October 2010 and
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renewed in October 2013, September 2016, September 2019, and August 2022.
15. Hamas as a whole has never been designated by New Zealand, which has treated IQB
Act
as distinct within Hamas. This position was again carried forward at the August 2022
renewal of designation of IQB. 6(a)
16. Since before 2010, TDWG officials have considered whether Hamas is a sufficiently
Information
unified organisation that terrorist acts committed by IQB could be attributed to Hamas in
its entirety. The leadership of Hamas considers that there is no division between the
organisation’s political, social, and military components.
17. 6(a)
Official
the
Recent events have changed New Zealand’s position on Hamas
under
18. The nature and magnitude of the 7 October 2023 attacks by Hamas on Israel, as well as
the subsequent posture and statements made by Hamas’ political leadership that indicate
that Hamas considers itself to be a unified organisation, 6(a)
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5 05/2017,
‘Hamas: General Principles and Policies’, Jewish Virtual Library, accessed at
https:/ www.jewishvirtuallibrary.org/hamas-2017-document-of-general-principles-and-policies.
6 25/07/2022,
‘Hamas’, Counter-Extremism Project, accessed
at https://www.counterextremism.com/threat/hamas.
Out of Session Item 1B
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December 2023
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19. 6(a)
.
20. However, designating the entirety of Hamas does not remove the possibility of engaging
with other actors in the Occupied Palestinian Territories. The Palestinian Authority, which
governs the West Bank, is separate from Hamas. New Zealand engages in regular
diplomatic dialogue with the Palestinian Authority.
6(a)
21. 6(a)
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Act
a. Australia initially listed the IQB in 2003, and replaced this with a new listing of Hamas
in its entirety in March 2022.
b. The UK took a similar approach, extending their initial 2001 IQB proscription to the
entire organisation in November 2021.
c. The United States (since 1997), Canada (since 2002), and the European Union
designate Hamas in its entirety.
22. 6(a)
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23. 6(a)
Official
Factors for NSB consideration of designation recommendations
the
24. The attached Statement of Case provides the formal legal assessment that the statutory
criteria for designation under the TSA has been met.
25. Once the statutory threshold has been established, in determining whether to advise the
under
Prime Minister to exercise his discretion to designate Hamas, NSB must weigh other
relevant considerations including those agreed by Cabinet in DES Minute (10) 2/5. These
considerations are:
a. the need for New Zealand to contribute to the international security environment by
preventing activities such as the recruiting, harbouring, participating in or financing
of terrorist entities that fal outside the scope of the UN listing process;
b. the threat posed by the entity to New Zealand, New Zealanders, or New Zealand
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interests, including offshore;
c.
the entity’s New Zealand or regional presence, or links with New Zealanders; and
d. the nature and scale of the entity’s involvement in terrorist acts or support activity.
Out of Session Item 1B
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December 2023
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link to page 27
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26. Following the very clear acts of terrorism carried out by Hamas on 7 October 2023 (as
described in the attached Statement of Case), it is in New Zealand’s interests to use all
possible measures to condemn these acts. It is also in New Zealand’s interests to
contribute to limiting the ability of Hamas to carry out further acts of terrorism, as the
entity is not designated through the UN process. The practical impacts of designation
under New Zealand’s legislation give effect to our international obligations insofar as they
relate to preventing the recruitment, harbouring, participation in, and financing of Hamas.
The threat posed by the entirety of Hamas to New Zealand, New Zealanders,
or New Zealand interests, including offshore
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27. Of icials have considered the impact of designating the entirety of Hamas on
New Zealand’s interests offshore, including for New Zealanders in the region,
6(a)
Act
28. 6(a)
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.
29. Apart from an Honorary Consul in Tel Aviv, New Zealand does not have a formal
diplomatic physical presence in Israel or the Occupied Palestinian Territories - the New
Zealand Ambassador in Ankara is accredited to Israel and the New Zealand Ambassador
Official
in Cairo is our Representative to the Occupied Palestinian Territories. 6(a), 9(2)(g)(i)
the
30.6(a), 9(2)(g)(i)
However, New Zealanders and New Zealand
interests may be incidentally harmed by any attack Hamas might conduct inside Israel or
the Occupied Palestinian Territories, for example:
under
a. An Australian national was reportedly kil ed at her property at the Be’eri kibbutz in
southern Israel in the current conflict, demonstrating the potential for foreign
nationals to be harmed by attacks conducted by Hamas.
7
b. 6(a)
.
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7 11/10/2023, ‘Australian Woman Gailit Carbone Kil ed in Israel in Hamas Attack’,
The Guardian, accessed on 4/12/2023 at
https:/ www.theguardian.com/australia-news/2023/oct/11/australian-woman-reported-killed-in-israel-after-hamas-attack-
galit-carbone
Out of Session Item 1B
December 2023
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c. New Zealand has diplomatic relations with Israel, serviced via our Embassy in
Ankara, and New Zealand diplomatic staff travel to Israel to engage with the Israeli
government. 6(a)
The New Zealand or regional presence of the entirety of Hamas, or links with
New Zealanders
31. 6(a)
The nature and scale of the entirety of Hamas’ involvement in terrorist acts or
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support activity
32. Hamas is a member of the Iran-backed “axis of resistance”, which includes Shia militia
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groups in Syria and Iraq, Lebanese Hezbollah, the Ansar Al ah movement of the Houthis
in Yemen, and Iran (in particular the Iranian Revolutionary Guard Corps – Quds Force).
This grouping is opposed to the ongoing presence of Western forces in the wider Middle
East, although Hamas itself is primarily focused on “liberating Palestine”. 6(a)
33. Hamas has conducted numerous terrorist acts since 2010, attributed to IQB and
documented in previous Statements of Case. The most recent acts have occurred since
Information
7 October 2023 and are documented in the attached Statement of Case.
6(a), 9(2)(g)(i)
Official
the
under
Released
8 3/11/2023, ‘Who is Hasan Nasrallah, the leader of Hezbollah’,
The Washington Post, accessed on 4/12/2023 at
https:/ www.washingtonpost.com/world/2023/11/03/hasan-nasrallah-hezbollah-leader/;
Out of Session Item 1B
December 2023
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link to page 29
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Humanitarian and development implications
37. The Occupied Palestinian Territories has been a long-standing recipient of humanitarian
and development support from both the New Zealand government and New Zealand-
based civil society. In this context and elsewhere, the New Zealand government partners
with credible and reputable international humanitarian and development organisations
that have strong systems and controls to ensure that assistance reaches intended civilian
beneficiaries.
38. Since 2007 Hamas has exercised de-facto governance of the Gaza Strip (assuming
responsibility for some of the provision of public services, including health, education,
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and security).
9 It is conceivable that through the course of their work, humanitarian and
development actors operating in the Occupied Palestinian Territories, including those
funded by New Zealand, may need to engage directly with Hamas, and public service
Act
providers, charities or social services linked to Hamas. 6(a), 6(b)(ii), 9(2)(g)(i)
39. Of icials assess designating Hamas in its entirety would
not negatively impact the
ongoing provision of humanitarian and development support via reputable international
organisations for the benefit of Palestinian civilians in Gaza. The reasons for this
assessment are as follows:
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d. Engagement with a terrorist entity is not by itself an offence under the TSA;
e. Instead, the specific requirements of the statutory offences contained in the TSA
would need to be satisfied before there was a contravention of the TSA. The two
provisions of the TSA that are of most relevance are:
Official
i. Section 8 - financing of, or provision of material support for, terrorism. This
offence wil only be established if the financing and provision of material
support is made directly or indirectly; and wilfully; and without lawful
the
justification or reasonable excuse; and intending that the funds be used, or
knowing that, or being reckless about whether, they wil be used, in full or in
part, in order to carry out 1 or more terrorist acts.
ii. Section 10 - prohibition on making property, or material support, available to
under
designated terrorist entity. This offence wil only be established, if the property
or material support is provided directly or indirectly; and without lawful
justification or reasonable excuse; and knowing that, or being reckless about
whether, the entity is a designated terrorist entity.
f.
There are a range of reasons to assess that the New Zealand government’s
provision of humanitarian and development support in respect of Gaza would not
meet the elements of the above offences:
Released
9 The United Nations Relief and Works Agency for Palestine Refugees in the Near and Middle East also provides basic services
to Palestine refugees in Gaza, the West Bank, Syria, Lebanon and Jordan. This includes the provision of health services,
education, livelihoods assistance and protection services.
Out of Session Item 1B
December 2023
Page
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12
i.
New Zealand government does not provide any humanitarian or development
funding or support directly to Hamas.
ii.
Instead New Zealand provides funding or support to reputable and credible
international humanitarian and development organisations for the purposes of
delivery for the benefit of Palestinian civilians.
iii.
The designation of Hamas as an organisation does not extend to the
population or individuals governed by an organisation, even if they are
supporters of its aims and objectives. In other words, provision of aid to a
Palestinian civilian even if they support Hamas, does not equate to provision
of aid to Hamas.
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iv.
Even if humanitarian or development aid should end up in the hands of
Hamas, sections 8(5) and 10(1)(b) of the TSA operate to ensure that support
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that does, or may do, no more than is necessary to satisfy basic needs of the
recipient, is not an offence under those sections.
40. 6(a), 9(2)(f)(iv), 9(2)(g)(i)
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Other considerations
41. 6(a), 9(2)(g)(i)
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the
42. 6(a), 9(2)(g)(i)
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43. 6(a), 9(2)(g)(i)
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.
Out of Session Item 1B
December 2023
Page
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6(a), 9(2)(g)(i)
Financial implications
44. If the entirety of Hamas is designated, the At orney-General can apply for a forfeiture
order for any specified property that is controlled or owned by the designated entity.
Designation also aims to prevent financing of a terror activity by prohibiting dealing with
an entity’s property or financing the entity. It also requires any financial institution or
person who suspects any property is owned by the entity to report the existence of the
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property of the Commissioner of the Police.
Bil of Rights, Human Rights and Privacy Act implications
Act
45. A decision to designate an entity as a terrorist entity under s 22(1) involves the exercise
of discretion. Accordingly, by law, the Prime Minister must consider whether any
limitations to rights recognised in the New Zealand Bil of Rights Act 1990 (NZBORA) that
might result from designation can be demonstrably justified in a free and democratic
society.
46. 6(a), 9(2)(h)
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Official
the
under
47. 6(a), 9(2)(h)
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9(2)(h)
Out of Session Item 1B
December 2023
Page
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Statutory and policy requirements
48. Meeting the statutory conditions is a primary requirement of any case for designation
under the TSA. This is essentially a legal question on which Crown Law Office and New
Zealand Defence Force (Legal) provide advice. The Prime Minister is also required under
the legislation to consult the At orney-General about the proposed designation.
49. 6(a), 9(2)(h)
50. 6(a), 9(2)(h)
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Act
6(a)
51.6(a)
.
52. 6(a)
Information
53. 6(a)
.
54. While conflict in the Occupied Territories continues to attract domestic attention, any
decision to designate the entirety of Hamas wil almost certainly affect New Zealand’s
Official
domestic environment in the following ways:
a. Negative reaction to the designation of Hamas without an equivalent public
condemnation of the harm resulting from the actions of Israel in the Occupied
the
Territories may manifest in increased levels of lawful protest, 6(a), 9(2)(g)(i)
b. Accusations of bias against the New Zealand Government following the designation
under
of all of Hamas are inevitable, which may have a negative effect on public trust and
confidence in Government within some groups and interests. The extent of this
change in trust and confidence cannot currently be quantified.
c. 6(a), 9(2)(g)(i)
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6(a)
Out of Session Item 1B
December 2023
Page
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6(a), 9(2)(g)(i)
55. The designation of Hamas in its entirety is therefore likely to have operational impacts on
agencies, including; policing protests, management of national security persons of
interest (where relevant), and the classification and take down of objectionable material.
Implication for current designation of IQB
56. 9(2)(h)
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.
Communications, media and public interest
Act
57. 6(a), 9(2)(g)(i)
.
58. DPMC, in conjunction with TDWG agencies, wil accordingly provide the Prime Minister’s
Information
Of ice with a media statement and reactive talking points for his use, should they be
required. This material wil provide a succinct narrative outlining the Government’s
rationale for designating Hamas at this time.
59. A communications plan could also manage any perceptions that this process has been
undertaken with more urgency than other designation decisions. The Statement of Case
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in a revised unclassified form can be published on the Police website following the Prime
Minister’s decision, as is standard procedure.
the
Consultation
60. This paper has been developed in consultation with the TDWG member agencies; New
Zealand Police, DPMC (National Assessments Bureau and National Security Policy
Directorate), NZDF, Crown Law Office, MFAT and CTAG.
under
Released
Out of Session Item 1B
December 2023
Page
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12
Recommendations
61. NSB is invited to:
a.
note that the TDWG has considered the designation of the entirety of Hamas as a
terrorist entity under section 22(1) of the TSA and has concluded the statutory
criterion for designation is met;
b.
note that the TDWG consider that the designation of Hamas is consistent with the
relevant factors identified by Cabinet in CAB Min (03) 34/15A and DES Min (10) 2/5;
c.
note that the TDWG conclude that the statutory criteria for designation for Hamas is
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met;
d.
note that the TDWG conclude that any limitation to freedom of expression and
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freedom of association that might result from designation can be demonstrably
justified in a free and democratic society.
e.
recommend to the Prime Minister that he designate Hamas as a terrorist entity under
section 22 of the TSA;
f.
provide feedback no later than 9(2)(g)(i)
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62. If NSB recommends to the Prime Minister that Hamas be designated:
a.
note that the Prime Minister is required to consult with the Attorney General about all
new designations;
b.
note that the decision to designate otherwise falls within the statutory discretion of
the Prime Minister;
Official
c.
recommend to the Prime Minister that he revoke the existing stand-alone designation
of IQB under section 34(1) of the Act, as the designation of Hamas supersedes and
the
incorporates the existing designation of IQB; and
d.
endorse the Chair’s forwarding of
the Statement of Case to the Prime Minister for
consideration.
under
Chair of Terrorist Designations Working Group
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Out of Session Item 1B
December 2023
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Attachment C
Draft Letter to the Attorney-General
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Act
Information
Official
the
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Released
1
DD January 2024
Hon Judith Collins
Attorney-General
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Parliament Buildings
Dear Attorney-General
Act
Proposed terrorist designation of the entirety of Hamas under the Terrorism Suppression Act
2002
Section 22(4) of the Terrorism Suppression Act 2002 provides that, before designating an entity as a
terrorist entity under section 22, the Prime Minister must consult with the Attorney-General about
the proposed designation.
Information
I propose to designate, subject to your views, the entirety of Hamas.
I propose to follow this by revoking the existing stand-alone designation of the military wing of
Hamas, also known as Izz al-Din al-Qassam Brigades (IQB), under section 34(1) of the Act, as the
designation of Hamas would supersede and incorporate this.
Official
I attach for your consideration the statement of case for this entity, which has been assessed by the
National Security Board (NSB), which is responsible for recommending designations to the Prime
the
Minister. NSB reached this decision in December 2023.
I look forward to your views on the proposed designation in due course.
Yours sincerely
under
Rt Hon Christopher Luxon
Prime Minister
Released
Attachment D
Draft Communications Plan and Engagement Approach
section 9(2)(f)(iv)
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Act
Information
Official
the
under
Released
Coversheet
Briefing: Decision to Designate Hamas as a Terrorist
Entity
Date:
16 February 2024
Report No:
DPMC-2023/24-664
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Security Level:
RESTRICTED
Priority level:
Routine
Act
Action sought
Deadline
Rt Hon Christopher Luxon
agree to
20/2/2024
Prime Minister
recommendations
and
sign letters
Name
Position
Telephone
1st Contact
Bridget White
Executive Director
section 9(2)(a)
9
Information
National Security Group
9(2)(g)(ii)
Manager, Policy, National
section 9(2)(a)
Security Group
Departments/agencies consulted on Briefing
Official
Terrorist Designations Working Group members: Combined Threat Assessment Group, Crown Law Office,
Ministry of Foreign Affairs and Trade, National Assessments Bureau, New Zealand Defence Force and New
Zealand Police. National Security Board consulted on original Statement of Case.
the
Minister’s Office
Status:
under
܆ Signed
܆ Withdrawn
Comment for agency
Released
Attachments:
Yes/No
Briefing
Decision to Designate Hamas as a Terrorist
Entity
To: Rt Hon Christopher Luxon
Prime Minister
1982
Date
8/02/2024
Security Level
Act
Purpose
1. This briefing seeks your agreement to designate the entirety of Hamas as a terrorist entity
under Section 22 of the Terrorism Suppression Act 2002 (TSA), following advice from the
Attorney-General.
Executive Summary
Information
2. On 18 January 2024, you received advice from the National Security Board (NSB) which
advised that the entirety of Hamas met the statutory and Cabinet-mandated criteria for
designation as a terrorist entity under Section 22 of the Terrorism Suppression Act 2002
(TSA) and proposed that you make such a designation [DPMC-2023/24-556]. On
23 January 2024, you wrote to the Attorney-General to consult her on a proposal to
Official
designate the entirety of Hamas as a terrorist entity under section 22 of the Act and revoke
the existing stand-alone designation of the military wing of Hamas, as the designation of
the entirety of Hamas supersedes and incorporates this.
the
3. On 8 February 2024, the Attorney-General wrote to you providing advice on matters to
consider relating to the proposed designation, particularly in relation to potential limitations
on rights that may arise through designation. DPMC considers the issues raised by the
Attorney-General are important and appropriate for you to consider as you decide on this
under
designation.
4. Officials assess that the potential rights limitations noted, and the impacts of designation,
are justified and proportionate to the objective of combatting terrorism.
5. If you now wish to designate the entirety of Hamas, the next steps are for you to agree to
the recommendations in this paper, and to write to the Commissioner of Police and to the
Intelligence and Security Committee confirming your decision. We have also provided a
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letter for you to send to the Attorney-General indicating how you have considered the
issues she has raised.
6. Officials have developed a proposed communications and community engagement plan
for the announcement. section 6(a)
Briefing: Decision to Designate Hamas as a Terrorist Entity
DPMC-2023/24-664
DPMC: 4844262
Page 2 of 9
section 6(a)
Recommendations
We recommend you:
1.
note the Attorney-General’s advice on matters to consider when making
YES / NO
a decision about designating the entirety of Hamas as a terrorist entity
under the Terrorism Suppression Act 2002 (
Attachment A);
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2.
agree to designate the entirety of Hamas as a terrorist entity under the
YES / NO
Terrorism Suppression Act 2002;
Act
3.
sign the letter to the Commissioner of Police (
Attachment B);
YES / NO
4.
sign the letter to the Intelligence and Security Commit ee
YES / NO
(
Attachment C);
5.
sign the letter to the Attorney-General (
Attachment D);
YES / NO
6.
agree to revoke the existing stand-alone designation of Izz al-Din al-
YES / NO
Qassam Brigades (IQB, the military wing of Hamas) under section 34(1)
of the Act, as the designation of Hamas supersedes and incorporates this;
Information
7.
note that DPMC is working with your of ice and MFAT directly to prepare
YES / NO
for communicating these announcements.
Official
the
under
Bridget White
Rt Hon Christopher Luxon
Executive Director
Prime Minister
National Security Group
Released
16/02/2024
…….../…….../……..
Briefing: Decision to Designate Hamas as a Terrorist Entity
DPMC-2023/24-664
DPMC: 4844262
Page 3 of 9
Background
1. On 18 January 2024, you received advice from DPMC, supported by advice from the
National Security Board (NSB), which proposed that you designate the entirety of Hamas
as a terrorist entity under Section 22 of the Terrorism Suppression Act 2002 (TSA) [DPMC-
2023/24-556]. These documents provided an assessment of the potential designation
against the Cabinet-mandated criteria [DES (10) 2/5 refers]. There are reasonable grounds
to believe that Hamas, rather than only its IQB military wing, has knowingly carried out, or
has knowingly participated in the carrying out of, one or more terrorist acts, and the entirety
of Hamas meets the statutory and Cabinet-mandated criteria for designation. The advice
outlined further risks associated with designation.
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2. Section 22(4) of the TSA requires you to consult with the Attorney-General before
designating an entity for the first time. On 21 January 2024, you wrote to the Attorney-
Act
General to consult her on a proposal to designate the entirety of Hamas as a terrorist entity
under section 22 of the Act and revoke the existing stand-alone designation of the military
wing of Hamas, as the designation of the entirety of Hamas supersedes and incorporates
this.
The Attorney-General has raised additional matters for the consideration of
the designation of the entirety of Hamas as a terrorist entity
3. On 8 February 2024, the Attorney-General wrote to you to indicate that you should consider
Information
a number of factors in the designation of the entirety of Hamas (
Attachment A). This
section sets out the Attorney-General’s comments (in italics), followed by advice from
DPMC, which worked in conjunction with the Terrorist Designations Working Group
(TDWG)1, on how you could consider these points.
NZ Bill of Rights Act proportionality
Official
4. 9(2)(h)
the
under
5. The intent of a terrorist designation under the TSA is to reduce the ability of entities to carry
out terrorist acts, by criminalising participation in, and material support to, those entities –
this inherently provides a limit on New Zealanders’ actions. As with all terrorist designations,
the proposed designation of Hamas would curtail the ability of some New Zealanders to
support this entity carrying out terrorist acts.
Released
1 The TDWG is chaired by New Zealand Police and includes officials from Department of the Prime Minister and Cabinet (DPMC,
National Assessments Bureau and National Security Policy Directorate), New Zealand Defence Force (NZDF), Crown Law
Office, Ministry of Foreign Affairs and Trade (MFAT), and the Combined Threat Assessment Group, (CTAG)
Briefing: Decision to Designate Hamas as a Terrorist Entity
DPMC-2023/24-664
DPMC: 4844262
Page 4 of 9
6. Given the nature of Hamas’s terrorist actions outlined in the Statement of Case, and the
Cabinet and NZBORA considerations in the National Security Board paper (which were
attached to DPMC-2023/24-556) our advice is that:
a. the proposed designation supports the objective of suppressing the terrorist
activities of Hamas, which is a legitimate and sufficiently important policy objective
to justify some limitation on rights;
b. there is a rational connection between the objective of suppressing support to
Hamas and Hamas’s ability to continue to commit terrorist acts and the limits on
rights that may result from designation; and
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c. any such limits on those who wish to provide support to Hamas’s terrorist activities
are proportionate to the importance of the policy objective.
Act
7. Accordingly, these limits can be demonstrably justified in a free and democratic society.
Freedom of expression and freedom of association
9(2)(h)
8.
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9. Section 8 of the TSA only creates an offence to provide material support, funding etc
"intending that the [support/funds] be used, or knowing that, or being reckless about
whether, it is to be used, in full or in part, in order to carry out 1 or more acts of a kind that,
if they were carried out, would be 1 or more terrorist acts.”
Official
10. Similarly, section 13 prohibits participation in a designated entity, only where the purpose
of such participation is to “enhance the ability of [the] entity… to carry out, or to participate
in the carrying out of, 1 or more terrorist acts.”
the
11. section 9(2)(h)
under
12. People engaging with Hamas or travelling to Gaza
do need to take care that they are not
supporting military and terrorist activities, whether deliberately or inadvertently – this
consideration applies already under the present designation of Hamas’s military wing.
13. The proposed communications and community engagement plan for this announcement
includes information on how New Zealanders can provide support to the people of Gaza
within the law.
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Briefing: Decision to Designate Hamas as a Terrorist Entity
DPMC-2023/24-664
DPMC: 4844262
Page 5 of 9
Freedom of religion
9(2)(h)
14
15. Designation of Hamas will have limited (if any) impact on the right to freedom of religion.
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9(2)(h)
this limit can be justified as the designation is a
rational and proportionate limit that will assist to suppress the activity of a terrorist group.
Act
Freedom of movement
9(2)(h)
16
17. Designation of Hamas itself does not directly limit freedom of movement. As noted in the
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NSB paper, designation does not limit the New Zealand government or individuals from
communicating with Hamas for purposes other than facilitating terrorism. A person’s
freedom of movement will only be limited if the purpose of their travel is to support Hamas
to commit terrorism. As the Attorney-General notes, this is a justified limit given the terrorist
acts of Hamas. As above, the proposed communications and community engagement plan
will address this issue in the reactive points.
Official
Freedom of expression and peaceful assembly
189(2)(h)
the
under
19. 9(2)(h)
A designation will not stop New Zealanders from assembling and
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expressing opinions about the Palestinian people, or even Hamas, so has a minimal (if any)
impact on these rights, and any such impact is considered justifiable.
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Humanitarian support
209(2)(h)
1982
21. Hamas provides humanitarian support, and government services, to Palestinian people in
Gaza. Designation may provide a practical limit on New Zealanders’ ability to provide
support to Hamas in carrying out these activities. However, these practical limits already
Act
exist to some extent due to both New Zealand’s existing designation of the military wing
and other countries’ designation of the entirety of Hamas, as financial institutions (which
are critical to the transfer of any funds to Hamas-related bank accounts) already take care
not to deal with entities related to Hamas.
22. Designation will not impact New Zealanders’ ability to provide financial or humanitarian
support directly to Palestinian citizens, as long as this is not being used to fund Hamas’s
terrorist activities. Any limitations on this support imposed by the designation are
considered justified.
Information
23. The proposed communications and community engagement plan will provide advice on
how New Zealanders can continue to provide humanitarian support in ways that do not risk
contravention of the TSA. The advice encourages New Zealanders who want to send
money in support of affected Palestinian civilians in Gaza to donate via reputable and
credible international humanitarian and development organisations.
Official
Discretion for other decision makers
24. 9(2)(h)
the
25.
under
Discretion in your decision
26. 9(2)(h)
27.
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28. 9(2)(h)
. As noted in the previous briefing,
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officials assess that the legislative criteria are met, and that impacts of designation –
including potential limitations on rights as outlined by the Attorney-General in her letter –
are justified and proportionate to New Zealand’s contribution to the international campaign
against terrorism.
29. As such, we recommend that you agree to designate the entirety of Hamas as a terrorist
entity under the Terrorism Suppression Act 2002.
Risks and considerations
30. 9(2)(h)
1982
Act
31. Officials have developed a proposed communications and community engagement plan
for the announcement. section 6(a)
32.6(a)
Information
Next steps
33. If you agree to designate the entirety of Hamas as a terrorist entity under Section 22 of the
TSA, you must sign the appropriate enclosed letters to the Police Commissioner and the
Intelligence and Security Committee to finalise the process (
Attachments B and C).
Official
34. We have also provided a draft letter for you to send to the Attorney-General indicating that
you have considered the issues she has raised, and recommend you refer this briefing to
the
her for her information about how you have considered these issues.
35. If you designate the entirety of Hamas, you must follow this with a revocation of the current
designation of IQB, as the designation of the entirety of Hamas supersedes and
incorporates this. This is achieved via a letter to the Police Commissioner, which we have
under
included in the letter designating the entirety of Hamas (Attachment B).
36. Once you have signed this briefing, DPMC will work with NZ Police to publish your
decisions in the Gazette. This normally takes a few days to effect, but your decision is
effective immediately.
37. DPMC’s communication team will liaise directly with your office to provide further support,
including officials’ engagement with relevant community groups.
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38. No further action is required if you decide not to proceed with the designation.
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Attachments:
Security
classification
Attachment A:
Letter from Attorney-General, Hon Judith Collins,
Legally
entitled: Proposed designation of Hamas as a
privileged
Terrorist Entity
Attachment B:
Letter to the Commissioner of Police, confirming
Unclassified
the designation of Hamas.
Attachment C:
Letter to the Intelligence and Security Committee,
Unclassified
confirming the designation of Hamas.
1982
Attachment D:
Letter to the Attorney-General
Unclassified
Act
Attachment A removed and withheld in full under section 9(2)(h)
Information
Official
the
under
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Attachment B
Letter to the Commissioner of Police, confirming the
designation of Hamas
1982
Act
Information
Official
the
under
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XX February 2024
Andrew Coster
Commissioner of Police
1982
Wellington
Act
Designation of the entirety of Hamas under the Terrorism Suppression Act 2002 and the
revocation of the existing designation of the military wing of Hamas
Pursuant to section 22 of the Terrorism Suppression Act 2002, I designate the entirety of Hamas as
a terrorist entity.
I revoke the existing stand-alone designation of Izz al-Din al-Qassam Brigades (IQB, the military
Information
wing of Hamas), as the designation of the entirety of Hamas supersedes and incorporates this.
Yours sincerely
Official
the
Rt Hon Christopher Luxon
Prime Minister
under
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Attachment C
Draft Letter to the Intelligence and Security Committee,
confirming the designation of Hamas
1982
Act
Information
Official
the
under
Released
XX February 2024
Members
Intelligence and Security Committee
1982
Parliament Buildings
Act
Designation of the entirety of Hamas under the Terrorism Suppression Act 2002 and the
revocation of the existing designation of the military wing of Hamas
I write to inform you of my recent decision to designate the entirety of Hamas as a terrorist entity
under Section 35(2) of the Terrorism Suppression Act 2002 (the Act).
I have revoked the existing stand-alone designation of Izz al-Din al-Qassam Brigades (IQB, the
military wing of Hamas), as the designation of the entirety of Hamas supersedes and incorporates
Information
this.
A designation under New Zealand legislation freezes the assets of terrorist entities and makes it a
criminal offence to participate in or support the activities of the designated terrorist entity.
Notice of my decision will be given in the New Zealand Gazette. Overseas posts and international
Official
partners will be informed, and the decisions are consistent with the approach taken by our major
security partners.
the
Yours sincerely
under
Rt Hon Christopher Luxon
Prime Minister
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Attachment D
Letter to the Attorney-General
1982
Act
Information
Official
the
under
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XX February 2024
Hon Judith Collins KC
Attorney-General
1982
Wellington
Act
Designation of the entirety of Hamas under the Terrorism Suppression Act 2002
Dear Attorney-General
Thank you for your letter of 8 February 2024, proposing additional matters you suggest I consider
when deciding on the proposed designation of Hamas as a terrorist entity.
Information
I consider the issues that you have raised are important. I have assessed that the potential rights
limitations noted, and the impacts of designation, are justified and proportionate to the objective
of combatting terrorism.
For your awareness, I have attached the advice from officials that assisted me in making this
assessment.
Official
Pursuant to section 22 of the Terrorism Suppression Act 2002, I have designated the entirety of
Hamas as a terrorist entity.
the
Yours sincerely
under
Rt Hon Christopher Luxon
Prime Minister
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