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New Zealand law explained for everyone

Civil Aviation Act 1990

Aviation security

77F: Powers and duties of Director relating to security checks

You could also call this:

"The Director can check if people are safe for aviation and decide what they're allowed to do"

The Director of Civil Aviation can do security checks on certain people to see if they might be a danger to aviation safety. You need to agree to the check, but if you don't, you might not be allowed to do some things in aviation.

The Director can decide you're safe even if you didn't have the usual security check, as long as you had a different check that the Director thinks is good enough.

To figure out if you're a risk, the Director can look at any information they think is important. This might include advice from the New Zealand Security Intelligence Service. The Director chooses how much weight to give to different pieces of information.

If the Director decides you're not a danger, they'll let you know. But they can always check again if they get new information or think you might have become a risk.

If the Director wants to check again, they have to tell you. They must finish the new check within 20 working days. If the new check doesn't go well, the Director will start a review process. While this is happening, you might lose some of your aviation permissions.

The Director can make exceptions to these rules if they need to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1031110.

Topics:
Transport and travel > Air travel
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77C: Transitional provisions for screening, or

"Rules for checking passengers on New Zealand flights in 2002"

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77G: Review procedures for security check determinations, or

"How to challenge a decision about your security check"

Part 8Aviation security

77FPowers and duties of Director relating to security checks

  1. The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—

  2. the security check is for the purpose of determining whether the person poses a threat to aviation security; and
    1. the person consents.

      1. If a person refuses consent to a security check under subsection (1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination.

      2. The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.

      3. For the purpose of determining whether a person poses a threat to aviation security, the Director may—

      4. seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017; and
        1. give weight to any component of the information as the Director considers appropriate in the circumstances.

          1. If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination.

          2. The Director may reconsider any previous security check determination that the Director has made if—

          3. new information is made available; or
            1. the Director has reason to believe that the person may pose a threat to aviation security.

              1. If the Director proposes to reconsider any previous security check determination, the Director must—

              2. advise the person to whom the security check determination relates that the Director is reconsidering that determination; and
                1. complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and
                  1. if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G; and
                    1. if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—
                      1. the period of the reconsideration; and
                        1. any subsequent review period under section 77G; and
                        2. if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—
                          1. the period of the reconsideration; and
                            1. any subsequent review period under section 77G.

                            2. Nothing in this section limits the power of the Director to grant an exemption under section 37.

                            Notes
                            • Section 77F: inserted, on , by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                            • Section 77F(4)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).