77G Review procedures for security check determinations

(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, the Director must advise the New Zealand person that the person may lodge a complaint regarding the recommendation with the Inspector-General of Intelligence and Security in accordance with sections 158(1)(e) and 171 of the Intelligence and Security Act 2017.

(2)

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

(a)

advise the person of the proposed determination and the reasons for the proposed determination; and

(b)

give the person written notice that, within 20 working days of the date of the notice, the person may—

(i)

seek legal advice or assistance with respect to the proposed determination:

(ii)

respond to, comment on, or make submissions on the proposed determination:

(iii)

provide new information relevant to the proposed determination; and

(c)

give the person notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)); and

(d)

consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and

(e)

make a final determination and inform the person and any other affected party of,—

(i)

in the case of the person, the final determination and the reasons for the final determination; and

(ii)

in the case of any other affected party, the final determination but not the reasons for the final determination.

(3)

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—

(a)

follow the procedure set out in subsection (2) with respect to the information other than the recommendation and advise the person that the proposed determination is based on—

(i)

a recommendation made by the New Zealand Security Intelligence Service; and

(ii)

information other than the recommendation; and

(b)

then follow the procedure set out in subsection (1) with respect to the recommendation if—

(i)

the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and

(ii)

the person is a New Zealand person.

(4)

If the Director makes a final adverse security check determination, the Director must—

(a)

revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and

(b)

require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation.

(5)

In this section,—

Inspector-General of Intelligence and Security means the person holding office under section 157 of the Intelligence and Security Act 2017

New Zealand person means any person who is—

(a)

a New Zealand citizen; or

(b)

a person ordinarily resident in New Zealand.

Section 77G: inserted, on 26 September 2007, by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77G(1): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).

Section 77G(5): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).