Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
114D Director of Security may provide Minister with security risk certificate
  • (1) If the Director of Security holds classified security information that the Director is satisfied—

    • (a) relates to an identifiable individual who is not a New Zealand citizen and about whom decisions are to be, or can be, made under this Act; and

    • (b) is credible, having regard to the source or sources of the information and its nature, and is relevant to the relevant security criterion; and

    • (c) would mean, when applying a relevant security criterion to the situation of that person in light of that information, that the person meets the criterion,—

    the Director may provide a security risk certificate to the Minister to that effect.

    (2) A certificate must be in writing and must clearly identify the relevant security criterion or criteria that it relates to.

    (3) In making a decision under subsection (1) the Director may take into account any relevant information that does not itself meet the definition of classified security information.

    (4) For the purposes of applying this section and this Part, any reference to the belief or opinion of the Minister in the wording of a particular security criterion is to be read as including an alternative reference to the belief or opinion of the Director.

    Section 114D: inserted, on 1 April 1999, by section 35 of the Immigration Amendment Act 1999 (1999 No 16).