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Outer Space and High-altitude Activities Act 2017

Licences and permits - General provisions relating to licences, permits, and authorisations under this Part

55: Minister must consult security Ministers about national security

You could also call this:

"Minister must discuss licence decisions with security experts to keep New Zealand safe"

Illustration for Outer Space and High-altitude Activities Act 2017

When the Minister is making a decision about a licence or permit, they need to talk to the security Ministers about national security. You need to consider if the activity is a risk to national security and if there are ways to reduce that risk. The Minister can ask the Prime Minister for help if they think it is necessary for national security reasons.

If the Prime Minister thinks an activity is a big risk to national security, they can issue a certificate saying so. The Prime Minister will tell you why they made that decision, but they might not tell you everything if it could hurt New Zealand's security or relationships with other countries. They will also tell you how you can review their decision under section 56.

The Prime Minister will talk to other Ministers, including the Minister responsible for the Defence Act 1990, before making a decision. They can also talk to any other Minister they think is necessary. The Prime Minister gets to decide who the responsible Ministers are. They are the people the Prime Minister talks to when making decisions about national security.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966502.

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Part 2Licences and permits
General provisions relating to licences, permits, and authorisations under this Part

55Minister must consult security Ministers about national security

  1. The purpose of the consultation with the security Ministers required by any provision of this Act is to enable the following to be taken into account by the Minister in making the relevant decision:

  2. any risks to national security of the activity or proposed activity under the relevant licence or permit; and
    1. the extent to which the risks can be mitigated by licence or permit conditions.

      1. The Minister must, if either the Minister or a security Minister thinks it appropriate for national security reasons, refer the application or other matter to the Prime Minister.

      2. The Prime Minister may, after consultation with the responsible Ministers as he or she thinks fit and taking into account the advice of the intelligence and security agencies, issue a certificate that the activity or proposed activity poses a significant risk to national security.

      3. The Prime Minister must inform the applicant or, as the case may be, the holder of the relevant licence or permit of—

      4. the reasons for the decision (except to the extent that the Prime Minister considers that providing reasons would involve a disclosure of information that would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand); and
        1. the review procedure available in relation to the certificate under section 56.

          1. Repealed

          2. For the purposes of this section, the responsible Ministers are—

          3. the Minister; and
            1. the security Ministers; and
              1. the Minister responsible for the administration of the Defence Act 1990; and
                1. the Minister of Foreign Affairs; and
                  1. any other Minister that the Prime Minister thinks fit.

                    Notes
                    • Section 55(5): repealed, on , by section 102 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).