Civil Aviation Act 2023

Aviation security - Designations and security checks - Security checks of persons

126: Director may carry out security checks

You could also call this:

"The Director can check if you're a safety risk to aviation"

The Director can do a security check on you if you are in a group of people who need one, as stated in the rules. This check is to see if you might be a threat to aviation security, and you must agree to it. You have to say yes to the security check, or you might not be allowed to do certain things that need a security check.

The Director can look at information about you to decide if you are a threat to aviation security. This information can include a recommendation from the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017. The Director can use any part of this information to make a decision.

If the Director asks for information about you, the Privacy Act 2020 does not stop people or agencies from giving the Director your personal information. If the Director decides you are not a threat to aviation security, they will tell you that your security check was favourable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49673.


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"Keeping airports safe: areas with extra security"


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127: Reconsideration of security check determination, or

"The Director can rethink a security check decision if new information comes up."

Part 5Aviation security
Designations and security checks: Security checks of persons

126Director may carry out security checks

  1. 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—

  2. the security check is for the purpose of determining whether the person poses a threat to aviation security; and
    1. the person consents.
      1. 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.

      2. 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.

      3. For the purpose of determining whether a person poses a threat to aviation security, the Director may—

      4. 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
        1. give weight to any component of the information as the Director considers appropriate in the circumstances.
          1. 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).

          2. 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.

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