Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Requirements for aviation documents

81: Disclosure of prejudicial information

You could also call this:

"Telling you about information that might be bad for you"

If the Director wants to use some information that might be bad for you, they must tell you about it. The Director must also give you a chance to say something about the information, according to section 82. You can then refute or comment on the information.

The Director might not tell you about the information if they could withhold it under the Privacy Act 2020 or the Official Information Act 1982. If the Director decides not to tell you, they must inform you that you did not get the information.

If the information is about you, the Director must tell you that you can complain to the Privacy Commissioner about not getting the information. The Privacy Act 2020 applies to this situation as if you had asked for the information and it was withheld.

If the information is not about you, the Director must tell you that you can ask an Ombudsman to review the decision not to give you the information, under the Official Information Act 1982. The Official Information Act 1982 applies to this situation as if you had asked for the information and it was withheld.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49526.


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Part 4Aviation documents, medical certification, and drug and alcohol testing
Requirements for aviation documents

81Disclosure of prejudicial information

  1. If, under section 80(1), the Director proposes to take into account any information that is or may be prejudicial to a person, the Director must, subject to subsection (2), disclose that information to the person and, in accordance with section 82, give the person a reasonable opportunity to refute or comment on it.

  2. The Director may determine not to disclose the information if,—

  3. in the case of non-disclosure to an individual of information about that individual, the Director could withhold the information under any of sections 49 to 53 of the Privacy Act 2020 had the information been requested by that individual under that Act; or
    1. in any other case, the Director could withhold the information under section 6, 7, or 9 of the Official Information Act 1982 had the information been requested under that Act.
      1. If, under subsection (2)(a), the Director determines not to disclose any information,—

      2. the Director must—
        1. inform the individual of the non-disclosure; and
          1. inform the individual that the individual may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
          2. the Privacy Act 2020 applies to that non-disclosure as if, following a request under that Act for the information that is withheld, the information had been withheld under that Act.
            1. If, under subsection (2)(b), the Director determines not to disclose any information,—

            2. the Director must—
              1. inform the person of the non-disclosure; and
                1. inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
                2. the Official Information Act 1982 applies to that non-disclosure as if, following a request under that Act for the information that is withheld, the information had been withheld under that Act.
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