New Zealand Ministry of
Foreign Affairs and Trade
Manatū Aorere
26 March 2024
195 Lambton Quay
Private Bag 18−901
Wellington 6160
New Zealand
Jorja
T +64 4 439 8000
[FYI request #25936 email]
F +64 4 472 9596
OIA 29180
Tēnā koe Jorja
I refer to your email of 29 February 2024, in which you request the following under the Official
Information Act 1982 (OIA):
‘I would like to request the advice that was provided to the Minister of Foreign Affairs
regarding the decision to declare the political wing of Hamas a terrorist organisation, per
this article in RNZ: https://www.rnz.co.nz/news/political/510499/government-designates-
political-wing-of-hamas-a-terrorist-entity.
Please include any copies of reports, briefings, aides-memoire, and information updates
that may be related to this decision.’
For clarity, as described in “The legal framework and process for terrorist designations”, found
on the New Zealand Police website:
https://www.police.govt.nz/about-us/publication/terrorist-
entity-legal-framework-process, the responsibility of decision making for the designation of
terrorist entities is held by the Prime Minister. The Minister of Foreign Affairs is not involved in
this decision-making process.
The Terrorist Designation Working Group (TDWG) is responsible for referring advice to the
National Security Board on the factual possibility of designating a person, group, trust,
partnership, or fund, or an unincorporated association or organisation as a terrorist entity. The
TDWG will weigh the viability of a designation, usually by collecting and discussing facts that
demonstrate that an entity has conducted a terrorist act. This typically involves conducting
sufficient research to allow the drafting of a Statement of Case, and the critique of that Case by
TDWG-member agencies. Where there is consensus that the Case demonstrates that an entity
can be designated, the decision on whether an entity should be designated is transferred to the
National Security Board for eventual relay to the Prime Minister.
Your request has been interpreted to be for advice prepared by the Ministry of Foreign Affairs
and Trade (the Ministry) for the Minister of Foreign Affairs relating to the decision to declare the
political wing of Hamas a terrorist organisation.
In scope of your request is a Weekly Report item dated 15 December 2023 that was written by
the Ministry for the Minister of Foreign Affairs. Please see the excerpt below:
e [MFAT request email]
w www.mfat.govt.nz
Page 2 of 2
Update on the designation of Hamas political wing as terrorist group
[Withheld under 9(2)(g)(ii)]
Following the 7 October terrorist attacks on Israel, the former Prime Minister requested advice
on the designation of the entirety of Hamas. New Zealand previously only designated the
military wing [Withheld under 6(a)]. The Terrorist Designations Working Group (which includes
Ministry officials) provided advice recommending the full designation be made. This advice is
being considered by the National Security Board presently, following which it will go to the
Prime Minister for consideration (in accordance with the Terrorism Suppression Act 2002). The
Prime Minister must consult the Attorney-General before finalising his decision. □
Some information has been withheld under the following sections of the OIA:
•
6(a): to avoid prejudicing the security or defence of New Zealand or the international
relations of the New Zealand Government; and
•
9(2)(g)(ii): to protect officers and employees from improper pressure or harassment.
Where the information has been withheld under section 9 of the OIA, we have identified no
public interest in releasing the information that would override the reasons for withholding it.
Please note that it is our policy to proactively release our responses to official information
requests where possible. Therefore, our response to your request (with your personal information
removed) may be published on the Ministry website:
www.mfat.govt.nz/en/about-us/contact-
us/official-information-act-responses/
If you have any questions about this decision, you can contact us by email at:
[email address]. You have the right to seek an investigation and review by the
Ombudsman of this decision by contacting
www.ombudsman.parliament.nz or freephone
0800 802 602.
Nāku noa, nā
Sarah Corbett
for Acting Secretary of Foreign Affairs and Trade
