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Civil Aviation Act 2023

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

127: Reconsideration of security check determination

You could also call this:

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

Illustration for Civil Aviation Act 2023

The Director can look again at a security check decision they made under section 126 if new information comes up or they think you might be a threat to aviation security. The Director must tell you they are looking again at the decision and finish the review within 20 working days. They must also follow the review procedure set out in section 128 or 129 if the review results in an adverse decision.

If you need a favourable security check decision for something you are allowed to do, the Director can withdraw that allowance while they review the decision. They can also ask another entity to withdraw an allowance they gave you. The Director must finish the review within 20 working days and follow the review procedure.

The same rules that apply to the initial security check decision under section 126(4) and (5) also apply to the review. The Director can still grant an exemption under section 322 even if they are reviewing a security check decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49674.

Topics:
Transport and travel > Air travel
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"The Director can check if you're a safety risk to aviation"

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128: Review procedure for adverse security check determination, or

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

127Reconsideration of security check determination

  1. The Director may reconsider any previous security check determination that the Director has made under section 126 if—

  2. new information is made available; or
    1. the Director has reason to suspect that the person may pose a threat to aviation security.

      1. If the Director proposes to reconsider any previous security check determination, the Director must—

      2. advise the person to whom the security check determination relates that the Director is reconsidering that determination; and
        1. complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and
          1. if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the appropriate review procedure set out in section 128 or 129; and
            1. if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—
              1. the period of the reconsideration; and
                1. any subsequent review period under section 128 or 129; and
                2. if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—
                  1. the period of the reconsideration; and
                    1. any subsequent review period under section 128 or 129.

                    2. Section 126(4) and (5) applies to the reconsideration of a security check determination under this section.

                    3. Nothing in this section limits the power of the Director to grant an exemption under section 322.

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