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Civil Aviation Act 2023

Aviation documents, medical certification, and drug and alcohol testing - Powers of Director in relation to aviation documents

100: Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98

You could also call this:

"The Director must tell you about information they have that affects you, unless they can keep it secret by law."

The Director has to tell you about any information they have that might be bad for you. They have to give you a chance to say something about it. This is if they got the information from section 96, 97, or 98. The Director might not tell you if they could keep it secret under the Privacy Act 2020 or the Official Information Act 1982.

The Director does not have to tell you before they suspend your aviation document or add conditions to it under section 96 or 97. They have to tell you as soon as they can, but no later than 5 working days after they suspend your document or add conditions. If the Director decides not to tell you something, they have to tell you they are not telling you.

If the Director will not tell you something about yourself, they have to tell you that you can complain to the Privacy Commissioner about it. You can also complain if it is about someone else, but then you complain to an Ombudsman under the Official Information Act 1982. The Director has to follow these rules when they decide what to tell you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49542.

Topics:
Transport and travel > Air travelRights and equality > Privacy
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99: Considerations relevant to decision about taking action under section 96, 97, or 98, or

"What the Director thinks about before taking action against your aviation documents"

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101: Further powers of Director to amend or revoke aviation document, or

"The Director can change or cancel aviation documents for good reasons."

Part 4Aviation documents, medical certification, and drug and alcohol testing
Powers of Director in relation to aviation documents

100Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98

  1. If the Director proposes to take into account under section 96, 97, or 98 any information that is or may be prejudicial to a person, the Director must, subject to subsections (2) and (3), disclose that information to the person and 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. Nothing in subsection (1) requires the Director to disclose any information, or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions on an aviation document under section 96 or 97.

      2. The Director must make the disclosure under subsection (1) as soon as practicable, but, in the case of the suspension of an aviation document or the imposition of conditions under section 96 or 97, no later than 5 working days after suspending the aviation document or imposing the conditions.

      3. If, in reliance on subsection (2) or (3), the Director determines not to disclose any information, the Director must inform the person of the fact of non-disclosure and,—

      4. in the case of non-disclosure to an individual of information about that individual, inform the individual that—
        1. the individual may, under the Privacy Act 2020, complain to the Privacy Commissioner about that non-disclosure; and
          1. that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act; and
          2. in any other case, inform the person that—
            1. the person may seek a review by an Ombudsman of the non-disclosure under the Official Information Act 1982; and
              1. that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act.

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