Intelligence and Security Act 2017

  • This version was replaced on 16 October 2017 to make corrections to Schedule 4 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.
272 New section 97A inserted (Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand)

After section 97, insert:

97A Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand

(1)

The chief executive may decide that a person in relation to whom information has been received under section 96(2) and who intends to board a commercial craft for the purpose of travelling from New Zealand—

(a)

may board the craft; or

(b)

may not board the craft; or

(c)

may board the craft only if he or she complies with conditions specified by the chief executive.

(2)

The chief executive may make a decision under subsection (1)(b) or (c) only if the chief executive has reason to believe that the person is attempting to travel on—

(a)

a lost, stolen, or invalid passport or certificate of identity; or

(b)

a forged, false, fraudulently obtained, or improperly altered passport or certificate of identity; or

(c)

a passport or certificate of identity that does not relate to that person.

(3)

The chief executive—

(a)

must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2) of a decision made under subsection (1); and

(b)

may do so in any form that he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and

(c)

may do so in any manner that he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.

(4)

Nothing in section 305 applies to the chief executive when he or she is giving a notification under subsection (3).