Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Employment Relations Authority

172A: Reports from Inspector-General of Intelligence and Security

You could also call this:

“The Employment Relations Authority must ask for and consider a special report about security clearance recommendations.”

When the Employment Relations Authority is dealing with a matter about a recommendation from the New Zealand Security Intelligence Service on someone’s security clearance, they need to get a special report. This happens if the Inspector-General of Intelligence and Security hasn’t already made a report about it.

The Authority will ask the Inspector-General to write a report about the Security Service’s recommendation. The Inspector-General needs to do this as quickly as possible. To help with this, the Authority will give the Inspector-General all the important documents they have.

You and the other people involved in the case can see this report. You can also tell the Authority what you think about it. The Authority must think about what the report says before they make their final decision.

The Inspector-General of Intelligence and Security is a person with a special job created by section 157 of the Intelligence and Security Act 2017. The New Zealand Security Intelligence Service is an organisation that continues to work because of section 7 of the same Act.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7453910.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
Previous

172: Temporary appointments, or

“The Governor-General can choose people to help out for a short time in the group that solves work problems.”

Next

173: Procedure, or

“The Authority must follow fair rules and be reasonable when looking into work problems”

Part 10 Institutions
Employment Relations Authority

172AReports from Inspector-General of Intelligence and Security

  1. This section applies if—

  2. any matter that comes before the Authority relates to or arises from a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017 about whether an individual should be granted a security clearance; and
    1. a report on the recommendation has not previously been prepared by the Inspector-General of Intelligence and Security under section 185 of that Act.

      1. The Authority must request the Inspector-General of Intelligence and Security to prepare a report on the recommendation made by the New Zealand Security Intelligence Service.

      2. As soon as practicable after receiving a request under subsection (2), the Inspector-General of Intelligence and Security must prepare and provide a report to the Authority.

      3. To enable the Inspector-General of Intelligence and Security to prepare a report, the Authority must provide to the Inspector-General all relevant documents within its possession or under its control.

      4. The parties are entitled—

      5. to receive a copy of the report; and
        1. to make submissions on it to the Authority.

          1. The Authority must have regard to the report prepared by the Inspector-General of Intelligence and Security before making a determination on the matter.

          2. In this section,—

            Inspector-General of Intelligence and Security means the Inspector-General of Intelligence and Security holding office under section 157 of the Intelligence and Security Act 2017

              New Zealand Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 of the Intelligence and Security Act 2017.

              Notes
              • Section 172A: inserted, on , by section 264 of the Intelligence and Security Act 2017 (2017 No 10).