Terrorism Suppression (Control Orders) Bill

  • enacted
14 Application for interim control order

(1)

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

(a)

the application is made—

(i)

before the relevant person arrives in New Zealand; or

(ii)

within 12 months after the relevant person arrives in New Zealand; and

(b)

the Commissioner believes on reasonable grounds that it is necessary and appropriate that the interim control order is made as soon as practicable in order to manage the real risks posed by the relevant person of engagement in terrorism-related activities in a country.

(2)

The application for the interim control order—

(a)

must be made, and must be heard and determined by the court, without notice to the relevant person if the application is made before the relevant person arrives in New Zealand; and, unless the Commissioner believes on reasonable grounds that

(i)

service out of New Zealand of the documents to be served is reasonably practicable in the circumstances; and

(ii)

it is not necessary and appropriate to make the application, and for it to be heard and determined, without notice in order to manage the real risks posed by the relevant person of engagement in terrorism-related activities in a country; and

(b)

may be made, and must be heard and determined by the court, without notice to the relevant person if—

(i)

the application is made after the relevant person arrives in New Zealand; and

(ii)

the Commissioner believes on reasonable grounds that it is necessary and appropriate to make the application, and for it to be heard and determined, without notice in order to manage the real risks posed by the relevant person of engagement in terrorism-related activities in a country.

(3)

If the application for the interim 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.

(4)

The application for the interim control order must be—

(a)

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

(b)

determined as soon as practicable.

(5)

On or after making an interim control order in respect of a relevant person, the court must consider whether to direct under section 15(1)(b) a period (longer or shorter than 3 months after the date on which the interim order was served on the relevant person) as the period within which the Commissioner may make an application for a final control order in respect of the relevant person.