Person coming to NZ associated with Islamic State issued terrorism control order

It is the first order of its kind in New Zealand. Photo / File

A person associated with the Islamic State who is coming to New Zealand has been issued an "interim control order" under the Terrorism Suppression Act - the first order of its kind in this country.

In a High Court judgment on May 7, Justice Rebecca Ellis said the person, named R and who has name suppression, was associated with the Islamic State in Iraq and the Levant (Isil) - also known as Isis - which was a "designated terrorist entity".

R was currently detained overseas, was not entitled to remain there nor enter any other country.

"Repatriation to New Zealand is therefore inevitable," Ellis said.

Subsequently, the Police Commissioner had sought an interim control order under the Terrorism Suppression (Control Orders) Act 2019, which would place a range of restrictions on the person, from travel ability to social media access.

Such orders were required to "protect the public from terrorism; to prevent engagement in terrorism-related activities in a country; and to support the relevant person's reintegration into New Zealand or rehabilitation, or both".

In her judgment, Ellis said the person had their passport and/or citizenship revoked "for reasons including a security risk related to engaging in terrorism-related activities in a foreign country".

Evidence filed had established an order was necessary "in order to manage the real risk of R engaging in terrorism-related activities in New Zealand".

"People in similar circumstances to those of R pose a continuing risk of terrorism-related activities to countries to which they are repatriated.

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

"In R's case, the principal risk is assessed as being that they will provide financial support to Isil and promote its agenda to others."

However, there was "nothing before me to suggest a risk that R would themselves engage in acts of terror or violence", Ellis said.

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

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

Ellis granted an interim control order for 12 months, to begin once R entered New Zealand.

They would not be able to leave New Zealand, possess any passport or other travel documents, and their internet and financial activities would be closely monitored by police, among other restrictions.

R did not oppose the interim control order, but also did not consent to it.

R's lawyer Deborah Manning said R did not accept that they posed a risk under the Terrorism Suppression Act.

"They acknowledge, however, that the New Zealand authorities need time to make their own assessment of that, following their arrival here," the judgment said.