Part 5Aviation security
Designations and security checks: Security checks of persons
126Director may carry out security checks
The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—
- the security check is for the purpose of determining whether the person poses a threat to aviation security; and
- the person consents.
If a person refuses consent to a security check under subsection (1), the person must not be granted any authorisation under the rules if the rules require a favourable security check determination.
The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.
For the purpose of determining whether a person poses a threat to aviation security, the Director may—
- seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017; and
- give weight to any component of the information as the Director considers appropriate in the circumstances.
Nothing in the Privacy Act 2020 prevents disclosure of personal information (within the meaning of that Act) by a person or an agency to the Director in response to a request made by the Director under subsection (4).
If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination.
Compare
- 1990 No 98 s 77F(1)–(5)