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Civil Aviation Act 2023

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

356: Giving of notice and related matters

You could also call this:

"Getting an important notice about aviation: what to expect and what to do"

When you get a notice under section 355(2), it must be given to you and the Director. The Minister will tell you why you got the notice, except if it's about something that could hurt New Zealand's security or relationships with other countries. The Minister will also tell you how you can review the notice under section 357.

If you get a notice under section 355(2), it is proof of what it says, and you cannot challenge the advice the Minister got from an intelligence and security agency in court. You must give your aviation document to the Director right away if you get a notice under section 355(2)(b) and the document can be produced. The Minister can decide how to give you the notice in a way that they think is appropriate.

The notice is usually served in a specific way, but the Minister has the final say in how it's done. You will know what to do next because the Minister will inform you about the review procedure under section 357. This procedure is important if you want to review the notice you received under section 355(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS455498.

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

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

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357: Review procedure in relation to notice under section 355, or

"What to do if you disagree with a notice from the Minister about intelligence and security advice"

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

356Giving of notice and related matters

  1. A notice given under section 355(2) must be served on—

  2. the person in respect of whom it is given; and
    1. the Director.

      1. The Minister must inform the person in respect of whom a notice is given under section 355(2) of—

      2. the reasons for the decision (except to the extent that the 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 notice under section 357.

          1. A notice given under section 355(2) is (subject only to section 357) conclusive evidence of the matters stated in it, and the advice given by an intelligence and security agency to the Minister must not be challenged, reviewed, or called into question in any court.

          2. When a notice given under section 355(2)(b) is served under subsection (1), the holder of the aviation document must immediately, whether or not demand is made, and if the document is capable of being produced (for example, if the document is in paper form) produce the document to the Director for appropriate endorsement.

          3. Service under subsection (1) may be effected in any way the Minister considers appropriate.