77F Powers and duties of Director relating to 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—

(a)

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

(b)

the person consents.

(2)

If a person refuses consent to a security check under subsection (1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination.

(3)

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.

(4)

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

(a)

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

(b)

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

(5)

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.

(6)

The Director may reconsider any previous security check determination that the Director has made if—

(a)

new information is made available; or

(b)

the Director has reason to believe that the person may pose a threat to aviation security.

(7)

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

(a)

advise the person to whom the security check determination relates that the Director is reconsidering that determination; and

(b)

complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and

(c)

if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G; and

(d)

if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—

(i)

the period of the reconsideration; and

(ii)

any subsequent review period under section 77G; and

(e)

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—

(i)

the period of the reconsideration; and

(ii)

any subsequent review period under section 77G.

(8)

Nothing in this section limits the power of the Director to grant an exemption under section 37.

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

Section 77F(4)(a): amended, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).