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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Passports Act 1992

308: Section 29AA amended (Proceedings where national security involved)

You could also call this:

"Special rules for court cases about national security"

Illustration for Intelligence and Security Act 2017

When you are involved in a court case about national security, some special rules apply. The court will look at information to decide if you are a danger to New Zealand's security. You can find more information about this in the Passports Act 1992.

If the Minister decides you should not have a New Zealand travel document, you can appeal to the court. The court will then check if the Minister's decision was fair and if you are a danger to New Zealand's security. The court must consider if the information used to make the decision is credible and if it supports the decision.

The court will also look at whether refusing to give you a travel document will stop you from doing something that could harm New Zealand's security. You can read about the kinds of activities that could harm New Zealand's security in section 27GA of the Passports Act 1992. The court must consider all the information to make a fair decision about your case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921439.

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307: Cross-heading above section 29AA replaced, or

"New title for a section about security in the Passports Act 1992"

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309: Section 29AB amended (Proceedings involving classified security information), or

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Part 8Repeals and amendments
Amendments to Passports Act 1992

308Section 29AA amended (Proceedings where national security involved)

  1. Replace the heading to section 29AA with Proceedings where national or international security involved.

  2. Replace section 29AA(1) and (2) with:

  3. This section applies to the following proceedings:

  4. an application to the High Court by the Minister under section 27GD(4) for an order extending the period during which a person is not entitled to obtain a New Zealand travel document, and any appeal under section 29(1A) against such an order:
    1. an appeal under section 28 or 29 relating to a decision of the Minister under section 27GA to refuse to issue a New Zealand passport or refugee travel document, or to cancel or retain a New Zealand travel document:
      1. an appeal under section 28 or 29 relating to a decision of the Minister to refuse to issue a certificate of identity under section 16 or an emergency travel document under section 23, where the Minister certifies that he or she had reasonable cause to believe—
        1. the person concerned was a danger to the security of New Zealand or another country because the person intended to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); and
          1. the refusal to issue the certificate of identity or emergency travel document concerned would prevent or effectively impede the ability of the person to carry out that intended activity; and
            1. the danger to the security of New Zealand or the other country could not be effectively averted by other means:
            2. an application for judicial review of a decision made by the Minister under section 27GA or 27GD.

              1. In hearing an appeal to which this section applies, the court must determine whether—

              2. the information that led to the decision is credible, having regard to its source or sources; and
                1. the information reasonably supports a finding that—
                  1. the person concerned is a danger to the security of New Zealand or another country because the person intends to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); and
                    1. the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out that intended activity; and
                      1. the danger to the security of New Zealand or the other country cannot be effectively averted by other means.

                      2. Replace section 29AA(5)(a) with:

                      3. relevant to whether there are or may be grounds for believing that—
                        1. the person concerned is a danger to the security of New Zealand or another country because the person intends to engage in, or facilitate, an activity of a kind described in section 27GA(1)(a) or (2)(a); or
                          1. the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out the intended activity; or
                            1. the danger to the security of New Zealand or the other country cannot be effectively averted by other means; and