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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Passports Act 1992

303: New sections 27GA to 27GF and cross-heading inserted

You could also call this:

"Rules for when the government can stop you getting a New Zealand passport for security reasons"

Illustration for Intelligence and Security Act 2017

The Minister can stop you from getting a New Zealand travel document if they think you are a danger to New Zealand's security. This can happen if you plan to do something that could hurt New Zealand, like a terrorist act, or if you want to help someone else do something like that. The Minister can also stop you from getting a travel document if they think you are a danger to another country's security.

If the Minister stops you from getting a travel document, they must tell you why they made that decision. They must also tell you how long you cannot get a travel document, which is usually 12 months. But the Minister can make this period longer, up to 36 months, if they think you will still be a danger after 12 months.

You can ask the Minister to review their decision if you think it is not fair. A special person called the Chief Commissioner of Intelligence Warrants will also review the Minister's decision to make sure it is fair. If the Chief Commissioner thinks the Minister's decision is not fair, they will tell the Minister to reconsider it.

The Minister can also temporarily stop you from using your travel document while they are deciding what to do. This is like a timeout for your travel document, and it can last up to 10 working days. If the Minister decides they do not need to stop you from getting a travel document, they will remove the timeout from your document.

You should know that the Minister's decision can be reviewed by a court if you think it is not fair. The court will look at the information the Minister used to make their decision and decide if it is fair or not. The Minister can also ask the court to extend the period of time you cannot get a travel document if they think you are still a danger.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921425.

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Part 8Repeals and amendments
Amendments to Passports Act 1992

303New sections 27GA to 27GF and cross-heading inserted

  1. After section 27G, insert:

    National and international security

    27GARefusal to issue, or cancellation or retention of, New Zealand travel document on grounds of national or international security

    1. The Minister may decide to take any action specified in subsection (3) in relation to a person if the Minister has reasonable cause to believe—

    2. the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—
      1. a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or
        1. the proliferation of weapons of mass destruction; or
          1. any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; and
          2. the taking of that action will prevent or effectively impede the ability of the person to do any of the activities specified in paragraph (a); and
            1. the danger to the security of New Zealand cannot be effectively averted other than by taking an action specified in subsection (3).

              1. The Minister may also decide to take any action specified in subsection (3) in relation to a person if the Minister has reasonable cause to believe—

              2. the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—
                1. a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or
                  1. the proliferation of weapons of mass destruction; and
                  2. the taking of that action will prevent or effectively impede the ability of the person to do either of the activities specified in paragraph (a); and
                    1. the danger to the security of that country cannot be effectively averted other than by taking an action specified in subsection (3).

                      1. In any case to which subsection (1) or (2) applies, the Minister may—

                      2. refuse to issue a New Zealand passport to the person:
                        1. recall the person’s New Zealand passport, and—
                          1. cancel it; or
                            1. retain possession of it:
                            2. recall the person’s certificate of identity issued by or on behalf of the New Zealand Government, and—
                              1. cancel it; or
                                1. retain possession of it:
                                2. recall the person’s emergency travel document (not being a journey-specific emergency travel document issued under section 23(3)), and—
                                  1. cancel it; or
                                    1. retain possession of it:
                                    2. refuse to issue a New Zealand refugee travel document to the person:
                                      1. recall the person’s New Zealand refugee travel document, and—
                                        1. cancel it; or
                                          1. retain possession of it.

                                          2. The Minister may take any of the actions specified in subsection (3)(a) to (e) whether or not the person is in New Zealand.

                                          3. The Minister may take the action specified in subsection (3)(f) only if the person is in New Zealand.

                                          27GBChief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA

                                          1. If the Minister takes an action specified in section 27GA(3) in relation to a person, the Minister must notify the Chief Commissioner of Intelligence Warrants of—

                                          2. the action that has been taken; and
                                            1. the reasons for the taking of that action.

                                              1. The Minister must arrange for all documents that he or she considered when deciding to take the action to be referred to the Chief Commissioner of Intelligence Warrants.

                                              27GCPerson to be notified of action taken under section 27GA

                                              1. If the Minister takes an action specified in section 27GA(3) in relation to a person, the Minister must, as soon as practicable, notify the person of—

                                              2. the action that has been taken; and
                                                1. the date on which the decision to take that action was made; and
                                                  1. the reasons for making that decision; and
                                                    1. the period during which the person is not entitled to obtain a New Zealand travel document.

                                                      1. However, the Minister may defer notifying the person of the matters specified in subsection (1) for a period not exceeding 30 days after taking the action if the Minister is satisfied that giving notice sooner may prejudice an ongoing investigation or put the security or safety of any person at risk.

                                                      2. Notice under this section is to be treated as given if the Minister has taken all practicable steps to provide it.

                                                      27GDPerson not entitled to obtain New Zealand travel document if action taken under section 27GA

                                                      1. If the Minister takes an action specified in section 27GA(3) in relation to a person, the person is not entitled to obtain a New Zealand travel document during the 12-month period (the disqualification period) starting with the date on which the decision to take the action was made, unless that decision is—

                                                      2. revoked by the Minister; or
                                                        1. set aside by a court.

                                                          1. Despite subsection (1), the Minister may decide to specify a longer disqualification period in the notice given under section 27GC(1), not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to the security of New Zealand or any other country for longer than 12 months.

                                                          2. If the disqualification period exceeds 12 months,—

                                                          3. the person may, within 30 days after the date on which the notice was given under section 27GC(1), make a written submission to the Minister about the length of the disqualification period and, if a submission is made, the Minister must review the length of the disqualification period, having regard to the person’s submission; and
                                                            1. the Minister must, every 12 months after the date on which the notice was given under section 27GC(1) (unless the disqualification period has sooner expired), review the decision made under subsection (2) by—
                                                              1. inviting the person to make a written submission to the Minister about the decision; and
                                                                1. determining whether the decision should be revoked or amended having regard to the person’s submission (if any).

                                                                2. The Minister may, at any time before the expiry of the disqualification period, apply to the High Court for an order to extend the disqualification period for a further period not exceeding 12 months.

                                                                3. The High Court must make the order applied for under subsection (4) if satisfied that—

                                                                4. the information presented in support of the application is credible, having regard to its source or sources; and
                                                                  1. the information reasonably supports a finding that there continue to be grounds for the Minister to make a decision under section 27GA(1) or (2) in relation to the person who is subject to the disqualification period.

                                                                    27GETemporary suspension of New Zealand travel documents pending decision under section 27GA

                                                                    1. The Minister may suspend a person’s New Zealand travel document for a period not exceeding 10 working days if the Minister—

                                                                    2. is investigating or considering whether to take an action under section 27GA; and
                                                                      1. is satisfied that the person is likely to travel overseas before a decision under that section is made.

                                                                        1. The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that the New Zealand travel document has been suspended.

                                                                        2. If it subsequently becomes apparent that the grounds for taking an action under section 27GA cannot be established,—

                                                                        3. the suspension lapses; and
                                                                          1. the Minister must remove the warning (if any) marked on the electronic record of the New Zealand travel document under subsection (2).

                                                                            27GFReview of Minister’s decision under section 27GA

                                                                            1. If the Chief Commissioner of Intelligence Warrants receives notice under section 27GB that the Minister has taken an action under section 27GA, the Chief Commissioner of Intelligence Warrants must arrange for a Commissioner of Intelligence Warrants to conduct a review of the Minister’s decision to take that action.

                                                                            2. A Commissioner of Intelligence Warrants must review the Minister’s decision by—

                                                                            3. assessing the documents referred by the Minister under section 27GB(2); and
                                                                              1. considering whether the documents reasonably support the decision.

                                                                                1. If the Commissioner of Intelligence Warrants considers that the documents do not reasonably support the Minister’s decision, the Commissioner of Intelligence Warrants must prepare a report of the review—

                                                                                2. recommending that the Minister reconsider his or her decision; and
                                                                                  1. stating the reasons for that recommendation.

                                                                                    1. The Minister must, after receiving a report under subsection (3),—

                                                                                    2. reconsider his or her decision and either confirm, vary, or revoke it; and
                                                                                      1. notify the person in respect of whom the action under section 27GA was taken of—
                                                                                        1. the recommendation of the Commissioner of Intelligence Warrants and the reasons for it; and
                                                                                          1. the outcome of the Minister’s reconsideration of his or her decision.