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Land Transport Act 1998

Transport services licensing - Fit and proper person test - Information requirements

30H: Director’s duties concerning prejudicial information

You could also call this:

"The Director must tell you about bad information and let you respond."

Illustration for Land Transport Act 1998

If the Director wants to use information that might be bad for you, they must tell you about it. They must also give you a chance to say something about it or prove it is wrong, as long as they follow the rules in section 30I(1) and subpart 5. The Director has to give you a reasonable opportunity to comment on the information.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM434599.

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30G: Director may require information for fit and proper person assessment, or

"Director can ask for information to check if someone is suitable for a job"

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30I: Non-disclosure by Director of information for safety reasons, or

"The Director can keep information secret if sharing it would harm someone."

Part 4ATransport services licensing
Fit and proper person test: Information requirements

30HDirector’s duties concerning prejudicial information

  1. If the Director proposes to take into account any information that is or may be prejudicial to the person, the Director must, subject to section 30I(1) and to subpart 5, disclose that information to the person and, in accordance with subpart 5, give the person a reasonable opportunity to refute or comment on it.

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Notes
  • Section 30H: inserted, on , by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
  • Section 30H heading: amended, on , by section 45(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
  • Section 30H: amended, on , by section 45(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).