Outer Space and High-altitude Activities Act 2017

55 Minister must consult security Ministers about national security

(1)

The purpose of the consultation with the security Ministers required by any provision of this Act is to enable the following to be taken into account by the Minister in making the relevant decision:

(a)

any risks to national security of the activity or proposed activity under the relevant licence or permit; and

(b)

the extent to which the risks can be mitigated by licence or permit conditions.

(2)

The Minister must, if either the Minister or a security Minister thinks it appropriate for national security reasons, refer the application or other matter to the Prime Minister.

(3)

The Prime Minister may, after consultation with the responsible Ministers as he or she thinks fit and taking into account the advice of the intelligence and security agencies, issue a certificate that the activity or proposed activity poses a significant risk to national security.

(4)

The Prime Minister must inform the applicant or, as the case may be, the holder of the relevant licence or permit of—

(a)

the reasons for the decision (except to the extent that the Prime Minister considers that providing reasons would involve a disclosure of information that would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand); and

(b)

the review procedure available in relation to the certificate under section 56.

(5)

A certificate issued under subsection (3) is (subject only to section 56) conclusive evidence of the matters stated in it, and the advice given by an intelligence and security agency to the Minister, a security Minister, or the Prime Minister must not be challenged, reviewed, or called into question in any court.

(6)

For the purposes of this section, the responsible Ministers are—

(a)

the Minister; and

(b)

the security Ministers; and

(c)

the Minister responsible for the administration of the Defence Act 1990; and

(d)

the Minister of Foreign Affairs; and

(e)

any other Minister that the Prime Minister thinks fit.