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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of Minister to intervene on grounds of national security

355: Powers of Minister to intervene on grounds of national security

You could also call this:

"Minister's power to keep New Zealand safe by controlling aviation if it's a national security risk"

Illustration for Civil Aviation Act 2023

The Minister can step in if they think something is a risk to national security. You might wonder how they decide this - they consider advice from intelligence and security agencies. If the Minister is satisfied that action is necessary, they can make decisions about aviation documents or aircraft.

The Minister can give a written notice to make these decisions, which can include not giving someone a document they applied for under section 74. They can also add restrictions to an aviation document someone already has, or stop someone from getting a document.

The Minister can also stop someone from working with aircraft or related services for a certain time, up to 24 months, if they think it is necessary for 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=DLM7238400.

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Part 9Monitoring, investigation, and enforcement
Powers of Minister to intervene on grounds of national security

355Powers of Minister to intervene on grounds of national security

  1. Subsection (2) applies if the Minister, after taking into account the advice of the intelligence and security agencies, is satisfied that the action is necessary in the interests of national security.

  2. The Minister may, by written notice,—

  3. direct that an application referred to the Minister under section 74 not be granted; or
    1. direct that restrictions or conditions be imposed on an aviation document issued to a person under this Act; or
      1. disqualify a person from holding or obtaining an aviation document or a particular aviation document; or
        1. prohibit a person from operating, maintaining, servicing, or doing any other act in respect of any aircraft, aerodrome, aeronautical product, or aviation-related service.

          1. A notice given under subsection (2)(b), (c), or (d) may apply for any period not exceeding 24 months that the Minister thinks fit.