Part 4Aviation documents, medical certification, and drug and alcohol testing
Requirements for aviation documents
81Disclosure of prejudicial information
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.
The Director may determine not to disclose the information if,—
- 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
- 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.
If, under subsection (2)(a), the Director determines not to disclose any information,—
- the Director must—
- inform the individual of the non-disclosure; and
- inform the individual that the individual may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
- inform the individual of the non-disclosure; and
- 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.
If, under subsection (2)(b), the Director determines not to disclose any information,—
- the Director must—
- inform the person of the non-disclosure; and
- inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
- inform the person of the non-disclosure; and
- 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.
Compare
- 1990 No 98 s 10(5)–(7)