Duynhoven Harry: Aviation Security Legislation Bill — Second Reading 
Duynhoven Harry: Aviation Security Legislation Bill — Second Reading 
[Volume:641;Page:11495] 
Hon HARRY DUYNHOVEN (Minister for Transport Safety) 
: 
 I move  
That the Aviation Security Legislation Bill be now read a second time 
. The bill was introduced to Parliament in March 2007. Since September 2001 significant changes have taken place in aviation security and New Zealand has responded well to the challenges of the new environment. Aviation security calls for measures that can respond to dynamic and sophisticated threats. This bill meets these demands by enhancing and strengthening New Zealand’s civil aviation security measures. The bill improves New Zealand’s legislative framework and ensures New Zealand complies with international requirements and can continue to exchange flights with other countries. 
As reported back from the Transport and Industrial Relations Committee the bill retains the provisions that enable the screening and searching of airport workers; that provide a power for aviation security officers to search passengers’ outer garments and to undertake pat-down searches; that require that airlines do not carry passengers who refuse to be searched; that enable foreign inflight security officers to enter and depart New Zealand and enable New Zealand to deploy inflight security officers should the Government decide to do so at some time in the future; that formalise the process for checking the background of people working in critical areas; that provide a general regulation-making power so that the law is able to respond quickly to new aviation security matters; and that provide a power for aviation security officers to search for seize and dispose of items that are prohibited or restricted from being taken on aircraft. 
The select committee has made a very useful amendment to the provisions for seizing such items. I thank the select committee for its consideration and positive suggestions regarding the seizure provisions. The bill formalises the requirements for dealing with potential weapons. It provides a clear system for passengers and for the industry to ensure no potential weapons are carried in the cabin of aircraft. Originally the bill provided that aviation security officers would make a record of seized prohibited items and pass the items to airlines to hold for 30 days. During submissions to the select committee submitters from the industry provided insights into difficulties with this requirement. They were concerned that making a record of seized items and requiring airlines to hold them for 30 days would actually be unmanageable when numerous low-value items such as liquids aerosols and gels were seized. These requirements risk delays at the screening point. To ensure both efficiency and security the select committee recommended removing the requirement in the bill to record and hold items and replacing it with a power to dispose of seized items. The bill has been amended to give effect to this recommendation. 
I acknowledge that the select committee accepted the need to future-proof New Zealand’s legislation by including provisions in the bill for inflight security officers. I also thank the committee for its hard work on this issue—it was not an easy one. The bill contains future-proofing provisions to allow foreign inflight security officers to enter and depart New Zealand. If the Government decides it is necessary at some stage in the future to allow New Zealand inflight security officers then they can be deployed. Submitters raised the useful point that if New Zealand inflight security officers were ever deemed necessary it would be desirable to consider industry views. A mechanism for the Director of Civil Aviation to do this has been inserted into the bill. Although it was a very sensitive issue the industry supported the bill’s provisions in respect of inflight security officers and agreed that these provisions are necessary for New Zealand to continue flying to other countries. I am confident that the bill deals with this issue in the best way possible. 
I thank the committee for its hard work and careful scrutiny of the new regulation-making power. The general regulation-making power will ensure that the law is able to quickly respond to new aviation security matters. The committee has recommended amendments to improve the regulation-making power. These amendments make the scope of the power more specific and clarify the relationships between the various forms of delegated legislation made under the Civil Aviation Act. I am confident that the regulation-making power is legally robust and at the same time allows New Zealand to respond to threats requiring immediate attention. 
We have all come to accept security measures as a necessary part of international travel. The bill contains amendments to widen existing search powers allowing aviation security officers to request passengers to remove outer garments such as shoes or coats so that those garments can be searched. Naturally some members of the public might feel anxious about these provisions. This was reflected in submissions to the committee. Submissions identified the significance of garments such as turbans for some groups noting that any contact with or removal of these garments would be a very sensitive issue. The committee sought reassurance that these concerns would be reflected in operational practice. The training and operational procedures of the Aviation Security Service’s front-line staff emphasise the importance of maintaining people’s privacy and being sensitive to their needs. The service deals with many people of many cultures and from different religions on a daily basis and is experienced in meeting their needs while still maintaining aviation security standards. 
Members may also be aware of recent media attention on new body-scanning technology being used in some countries that presents an unclothed image of passengers. The committee requested that this issue be reviewed in terms of whether this technology would be able to be used in New Zealand under the bill. After further thought I consider that it is desirable to clarify that body-scanning technology that presents an unclothed image of specific passengers cannot be used. A Supplementary Order Paper has been tabled to address this. 
I finish by thanking the members of the Transport and Industrial Relations Committee and the Hon Mark Gosche for his excellent chairing. I also offer my gratitude to people from the Ministry of Transport the Civil Aviation Authority the Aviation Security Service the New Zealand Police and the Ministry of Justice who have all contributed a great deal of hard work and expertise towards this bill. 
I am confident that this bill meets the challenges of the modern aviation security environment. It reflects submissions made to a great degree. It will allow members of the travelling public to travel with peace of mind and will allow New Zealand to continue to play its part in the international aviation scene. As such I commend the bill as reported back by the Transport and Industrial Relations Committee to the House.