Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

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

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

You could also call this:

“Director can keep information secret if sharing it might be dangerous”

The Director doesn’t have to share information if doing so might put someone in danger. If the Director decides not to share information for safety reasons, they must tell you about this decision.

If the information is about you, the Director must tell you that you can complain to the Privacy Commissioner under the Privacy Act 2020 if you’re unhappy about not getting the information. The law will treat this situation as if the information was withheld under section 49(1)(a)(i) of the Privacy Act 2020.

If the information is not about you, the Director must tell you that you can ask an Ombudsman to review the decision under the Official Information Act 1982. The law will treat this situation as if the information was withheld under section 6(d) of the Official Information Act 1982.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM434600.

Previous

30H: Director’s duties concerning prejudicial information, or

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

Next

30J: Transport service operators must be licensed, or

"People who run transport businesses must have special permission"

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

30INon-disclosure by Director of information for safety reasons

  1. Nothing in section 30H requires the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

  2. If the Director determines not to disclose any information in reliance on subsection (1), the Director must inform the person of the fact of non-disclosure and,—

  3. in the case of non-disclosure to an individual of information about the individual,—
    1. inform the individual that he or she may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
      1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information has been withheld in reliance on section 49(1)(a)(i) of that Act; and
      2. in any other case,—
        1. inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
          1. the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6(d) of that Act.

          Compare
          Notes
          • Section 30I: inserted, on , by section 18 of the Land Transport Amendment Act 2005 (2005 No 77).
          • Section 30I heading: amended, on , by section 46(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 30I(1): amended, on , by section 46(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 30I(2): amended, on , by section 46(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
          • Section 30I(2)(a)(i): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
          • Section 30I(2)(a)(ii): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).