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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”

The Director must tell you about any information that could be bad for you. This is part of their job. If they want to use this information, they have to share it with you first. They need to do this unless there’s a special reason not to, which is explained in another part of the law.

After the Director tells you about this information, they must give you a fair chance to respond. You can try to prove the information wrong or explain your side of the story. The Director has to listen to what you say before they make any decisions.

This rule helps make sure that decisions are fair and that you know what information is being used about you. It gives you a chance to defend yourself if you think the information isn’t right.

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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 right for a job"

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

"Director can keep information secret if sharing it might be dangerous"

Part 4A Transport 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).