The Ministry of Foreign Affairs and Trade (MFAT) has launched a public consultation on proposed changes to strengthen New Zealand's Export Controls regime, with submissions due by 5:00pm on 16 January 2026. The proposals address changing proliferation challenges relating to strategic goods and technology, including dual-use technology with potential military applications.

This alert summarises MFAT's consultation proposals to assist parties interested in making submissions.

Who needs to read it and why?

The proposals would likely affect higher education and research sectors, business, and advanced technology sectors such as space and aerospace. This alert should interest lawyers, compliance and risk professionals, government affairs advisors and directors of companies impacted by export controls.

Current regime and why reform is needed

New Zealand’s Export Controls regime regulates the export of controlled military and dual-use goods, software and technology listed on the New Zealand Strategic Goods List (NZSGL), and certain items intended for export to military and police end-users. It safeguards national security and economic interests, and fulfils New Zealand's domestic and international obligations under four multilateral export control regimes.

The current regime is no longer fit-for-purpose. Proliferators increasingly seek 'know-how' rather than goods, and technology can be easily acquired domestically and shared overseas without trace. As export control partners have introduced domestic controls, proliferators are attracting people with knowledge and skills to their own countries. The current regime cannot control Intangible Technology Transfers (ITT) or sensitive technology transferred domestically, as it focuses on movement of tangible goods and electronic documents across New Zealand's territorial limits.

MFAT's proposed substantive reforms

Deemed export/domestic controls on technology transfers within New Zealand

A permit would be required to supply NZSGL Part 1 and Part 2 Sensitive and Very Sensitive technology to a foreign person within New Zealand, including giving them access to or possession of that technology.

Exemptions would apply for supply to: 

• New Zealand citizens or permanent residents; 
• foreign persons who are citizens of countries on the country exemption list; 
• persons eligible for the workplace and research exemption; 
• persons in the course of official New Zealand government business; and 
• NZSGL Part 1 non-military lethal technology (ML901 to ML910).

Foreign employees, students or researchers already engaging with controlled technology when controls commence would not require a permit unless there is a material change to the type or scope of controlled technology they are accessing, or a change to their employment status. The Secretary could remove this exemption in response to national security risk. New staff, students and researchers from non-exempted countries would require a permit before accessing controlled technology.

Controls on domestic publication of controlled information

A permit would be required to publish NZSGL Part 1 and Part 2 Sensitive and Very Sensitive information within New Zealand.

Intangible Technology Transfers from New Zealand to persons overseas

A permit would be required to carry out NZSGL Part 1 and Part 2 ITT from New Zealand to overseas recipients, including via video-conferencing, verbal calls, or cloud servers (including those located in New Zealand).

ITT by New Zealanders and permanent residents when overseas

New Zealand citizens and permanent residents would require a permit to carry out NZSGL Part 1 and Part 2 Sensitive and Very Sensitive ITT to foreign persons when located outside New Zealand (for example, through training, teaching or conferences).

Exemptions would apply for ITT: 

• to other New Zealand citizens and/or permanent residents; 
• to citizens of countries on the country exemption list who are located in those countries; 
• relating to NZSGL Part 1 non-military lethal technology (ML901 to ML910); and
• in the course of official New Zealand government business; or covered by General Technology Exemptions.

Re-export and re-transfer controls

End-User Certificates (EUCs) would be required for export from New Zealand of New Zealand-origin NZSGL Part 1 and Part 2 Sensitive and Very Sensitive goods and technology, with the Secretary having ability to waive this requirement (for example, for firearms and accessories). 

The Secretary would have discretion to require EUCs for New Zealand origin NZSGL Part 2 goods and technology, and foreign origin NZSGL goods and technology, based on proliferation risk assessment. EUCs would be required for any re-export/re-transfer of New Zealand-origin NZSGL Part 1 and Part 2 Sensitive and Very Sensitive goods and technology previously supplied from New Zealand.

Extending exemptions for primary system through-life support

The ability to provide through-life support without an export permit would be extended from catch-all primary systems to also include NZSGL primary systems granted an export permit. This covers parts, components, subsystems, replacement items, support and upgrades for the original primary system, to the same end-user and end-use, provided the security situation has not significantly changed.

MFAT's proposed administrative changes

Graduated warnings and penalties

A range of graduated warnings and penalties would address 'lower level' offences and complement criminal penalties for serious breaches in the Customs and Excise Act 2018. An escalatory system would start with formal warnings (for example, for errors in permit applications) through to prosecution for deliberate and severe breaches.

Provisional decision-making process

MFAT would formally notify and consult with applicants if intending to decline their permit application or approve it with extraordinary restrictions. Applicants would have 20 working days to provide additional information, after which MFAT would have 20 working days to make a final decision.

General technology exemptions

Proposed controls would not apply to: 

• information in the public domain; 
• fundamental research where results are intended for public dissemination; or 
• minimum necessary information for patent applications, installation, operation, maintenance and repair of non-controlled goods and controlled goods already authorized for export.

What's next?

Consultation workshops and hui

MFAT is hosting consultation events throughout December 2025, including all-comers, industry, academia/research, Māori, and NGO/civil society sessions in Auckland, Wellington, Hamilton, Christchurch and Dunedin, plus online options. Register by emailing [email protected] with your name and preferred event by 5 December 2025.

Individual meetings

Arrange individual meetings with Ministry staff for matters involving commercial confidentiality or security reasons. Contact [email protected] by 5 December 2025.

Written submissions

Submit by 5:00pm on 16 January 2026 via:

• Online submission tool: https://www.mfat.govt.nz/export-controls-consultation
• Email: [email protected]
• Post: Export Controls Consultation, Ministry of Foreign Affairs and Trade, 195 Lambton Quay, Private Bag 18 901, Wellington 6160

Our view

The proposed reforms represent a significant expansion of New Zealand's export controls regime, introducing domestic ('deemed export') controls and extraterritorial controls that would fundamentally change the current regime.

The proposals will substantially impact:

• Research institutions and universities conducting collaborative research with foreign nationals.
• Technology companies employing foreign nationals or providing technical training.
• Defence and aerospace contractors engaged in international projects.
• Manufacturing businesses with foreign ownership or international supply chains.

ITT may include teaching, training, services, consultancies, exposure to technical data, practical skills experience, access to publications, visual inspection of hardware/software, and meetings or presentations. Technical data may include blueprints, plans, diagrams, models, formulae, engineering designs, specifications, and manuals in any format.

Countries with comprehensive export control regimes benefit from reciprocal licensing exemptions, streamlined compliance and deeper research partnerships. Comparable controls to Australia, the United States, the EU, the UK, Japan, Korea and Canada would support New Zealand's participation in trusted research collaborations, joint technology development, and secure supply chains.

Implementation would require new bespoke export controls legislation incorporating existing controls from the Customs and Excise Act 2018. MFAT anticipates a 6–9 month transition period between legislation passing and controls taking effect, allowing exporters to introduce new compliance processes.

Making a submission is the primary means to influence the future shape of these controls and ensure practical implementation considerations are addressed.

How we can help

We can help you:

• assess the impact of proposed reforms on your operations; 
• prepare submissions to MFAT's consultation;
• develop or refine export controls compliance programmes;
• advise on managing intangible technology transfers; 
• structure transactions to manage export control risks; and
• navigate permit application processes.