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Civil Aviation Act 2023

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

129: Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017

You could also call this:

"What to do if you disagree with a security check decision made about you"

If you are a New Zealand person and the Director makes a decision about your security check that you don't like, based on a recommendation from the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017, the Director must tell you that you can make a complaint about the recommendation to the Inspector-General of Intelligence and Security, as stated in section 171 of that Act. The Director must follow a certain procedure when making this decision. You can find out what a New Zealand person means by looking at section 4 of the Intelligence and Security Act 2017.

If the Director wants to make a decision about your security check based on a recommendation from the New Zealand Security Intelligence Service and other information, they must follow a certain procedure for the other information and tell you that the decision is based on both the recommendation and the other information. The Director must then follow the same procedure as before for the recommendation if they think the other information is no longer enough to support the decision and if you are a New Zealand person. This procedure is explained in section 128.

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

129Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017

  1. If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service under section 11 of the Intelligence and Security Act 2017, the Director must advise the New Zealand person that the person may, in accordance with section 171 of that Act, make a complaint regarding the recommendation to the Inspector-General of Intelligence and Security.

  2. If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must—

  3. follow the procedure set out in section 128 with respect to the information other than the recommendation and advise the person that the proposed determination is based on—
    1. a recommendation made by the New Zealand Security Intelligence Service; and
      1. information other than the recommendation; and
      2. then follow the procedure set out in subsection (1) with respect to the recommendation if—
        1. the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and
          1. the person is a New Zealand person.

          2. For the purposes of this section, New Zealand person has the meaning given to it in section 4 of the Intelligence and Security Act 2017.

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