Terrorism Suppression (Control Orders) Bill

  • enacted
15 Application for final control order

(1)

The Commissioner may make an application for a final control order in respect of a relevant person only if—

(a)

no interim control order in respect of the relevant person has been applied for, and the application for the final control order is made after, and within 12 months after, the relevant person arrives in New Zealand; or

(b)

an interim control order in respect of the relevant person was applied for and made, and the application for the final control order is made after the relevant person arrives in New Zealand and—

(i)

within 3 months after the date on which the interim order was served on the relevant person; or

(ii)

within any longer or shorter period the court directs (on its own initiative or on an application for the purpose made) on or after making the interim order and during that 3-month period; or

(c)

an interim control order in respect of the relevant person was applied for and declined, and the application for the final control order is made after, and within 12 months after, the relevant person arrives in New Zealand, and is made because of a material change in circumstances since the interim control order was declined.

(2)

The application for the final control order must be—

(a)

made on notice to the relevant person; and

(b)

set down for hearing, and heard, as soon as practicable; and

(c)

determined as soon as practicable.

(3)

Because the application for the final control order is made on notice to the relevant person, the documents to be served must exclude any information supporting the application that is not disclosable supporting information.