Aviation Crimes Act 1972

1: Short Title and commencement
1: This Act may be cited as the Aviation Crimes Act 1972.
2: Sections 7 8 15 16
3: Except as provided in subsection (2), this Act shall come into force on the date of its passing.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2): brought into force 12 March 1974 Aviation Crimes Act Commencement Order 1974 Section 1(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Interpretation
1: In this Act, unless the context otherwise requires,— act of violence
a: an assault as defined in any of sections 192 193 194 194A 196 202C
b: any of the crimes specified in sections 188 189 189A 190 191 197 198 198A 198B 199 200 202 203 209 aircraft Civil Aviation Act 1990 aviation security officer Civil Aviation Act 1990 carrier and contract section 91U passenger commander international airport military service New Zealand the territorial sea of New Zealand as defined by section 3 , Contiguous Zone, New Zealand aircraft Civil Aviation Act 1990 ordinarily resident in New Zealand section 4 passenger
a: assigned by the carrier for duty as a member of the crew of the aircraft; or
b: carried for the sole purpose of receiving or giving instruction in the control or navigation of aircraft in flight security enhanced area section 2 sterile area section 2 the Hague Convention the Montreal Convention the Montreal Protocol the Tokyo Convention
2: For the purposes of this Act, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation: provided that in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft.
3: For the purposes of this Act, an aircraft is in service from the time when pre-flight preparation of the aircraft by ground personnel or by the aircraft's crew begins for a specific flight until either—
a: the flight is cancelled; or
b: 24 hours after the aircraft, having commenced the flight, lands; or
c: the aircraft, having commenced the flight, makes a forced landing and any competent authorities referred to in subsection (2)
d: the aircraft, having commenced the flight, ceases to be in flight,— whichever is the latest. Section 2(1) act of violence inserted 1 September 1999 section 3 Aviation Crimes Amendment Act 1999 Section 2(1) act of violence amended 3 December 2018 section 31(1) Family Violence (Amendments) Act 2018 Section 2(1) act of violence amended 3 December 2018 section 31(2) Family Violence (Amendments) Act 2018 Section 2(1) aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) aviation security officer inserted 14 December 1976 Civil Aviation Amendment Act 1976 Section 2(1) aviation security officer amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) baggage cargo carrier contract passenger repealed 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 Section 2(1) carrier and contract inserted 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 Section 2(1) conviction on indictment repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2(1) international airport inserted 1 September 1999 section 3 Aviation Crimes Amendment Act 1999 Section 2(1) New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) New Zealand amended 1 October 1977 section 33(2)﻿(a) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) New Zealand aircraft amended 1 September 1990 section 101(1) Civil Aviation Act 1990 Section 2(1) passenger inserted 1 June 2004 section 41(3) Civil Aviation Amendment Act 2004 Section 2(1) security enhanced area inserted 26 September 2007 section 4(2) Aviation Crimes Amendment Act 2007 Section 2(1) sterile area inserted 26 September 2007 section 4(3) Aviation Crimes Amendment Act 2007 Section 2(1) the Montreal Protocol inserted 1 September 1999 section 3 Aviation Crimes Amendment Act 1999 Crimes relating to aircraft and international airports Heading amended 1 September 1999 section 4 Aviation Crimes Amendment Act 1999
3: Hijacking
Everyone commits the crime of hijacking and is liable on conviction Section 3 amended 1 July 2013 section 413 Criminal Procedure Act 2011
4: Crimes in connection with hijacking
1: Everyone who, while on board an aircraft in flight outside New Zealand, does or omits anything which, if done or omitted by that person in New Zealand, would be an offence punishable by imprisonment for life or by 2 or more years' imprisonment, commits that offence
2: Without limiting the generality of subsection (1), an act or omission by any person shall be deemed to occur in connection with the crime of hijacking if it was done or omitted with intent—
a: to commit or facilitate the commission of the crime of hijacking; or
b: to avoid the detection of himself or of any other person in the commission of the crime of hijacking; or
c: to avoid the arrest or facilitate the flight of himself or of any other person upon the commission of the crime of hijacking. Section 4(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011
5: Other crimes relating to aircraft
Everyone commits a crime, and is liable on conviction
a: on board an aircraft in flight, commits an act of violence
b: destroys an aircraft in service; or
c: causes damage to an aircraft in service which renders the aircraft incapable of flight or which is likely to endanger the safety of the aircraft in flight; or
d: places or causes to be placed on an aircraft in service anything which is likely to destroy the aircraft, or to cause damage to the aircraft which will render it incapable of flight, or which is likely to endanger the safety of the aircraft in flight; or
e: destroys, damages, or interferes with the operation of any air-navigation facility used in international air navigation, where the destruction, damage, or interference is likely to endanger the safety of an aircraft in flight; or
f: endangers the safety of an aircraft in flight by communicating to any other person any information which the person supplying the information knows to be false. Section 5 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5(a) amended 1 September 1999 section 5 Aviation Crimes Amendment Act 1999
5A: Crimes relating to international airports
1: A person commits a crime who, whether in or outside New Zealand, using any device, substance, or weapon, intentionally does any of the following acts that endangers or is likely to endanger the safety of an international airport:
a: at the international airport, commits an act of violence that causes or is likely to cause serious injury or death; or
b: destroys or seriously damages the facilities of the international airport; or
c: destroys or seriously damages an aircraft that is not in service and is located at the international airport; or
d: disrupts the services of the international airport.
2: Subject to subsection (3), a person who commits a crime against this section is liable on conviction
3: A person who commits a crime against subsection (1)﻿(a),—
a: in circumstances where the conduct concerned is the same as conduct described as murder under sections 158 160 167 168
b: in circumstances where the conduct concerned is the same as conduct described as manslaughter under sections 158 160 171 Section 5A inserted 1 September 1999 section 6 Aviation Crimes Amendment Act 1999 Section 5A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5A(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 5A(3)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Extradition Act amended
Section 6 repealed 1 September 1999 section 7 Aviation Crimes Amendment Act 1999
7: Crimes deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104
2: For the purposes of the Extradition Act 1999 section 15 section 104 section 5
3: If, under subsection (1) or subsection (2), a crime is deemed to be an offence described in an extradition treaty, a person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999
4: Subsection (3) does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
5: For the purposes of this section,— country crime
a: aiding, abetting, inciting, counselling, or procuring any person to commit that crime; and
b: inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; and
c: being an accessory after the fact to that crime.
6: A certificate given by the Minister of Foreign Affairs and Trade that a country is a party to the Hague Convention or the Montreal Convention, as the case may be, is sufficient evidence of that fact. Section 7 replaced 1 September 1999 section 111 Extradition Act 1999
7A: Crimes against section 5A deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 section 15 section 104 section 5A
2: When subsection (1) deems a crime to be an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999
3: This section does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.
4: A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Montreal Protocol is sufficient evidence of that fact.
5: For the purposes of this section,— crime
a: an attempt to commit that crime:
b: aiding, abetting, inciting, counselling, or procuring a person to commit that crime:
c: inciting, counselling, or attempting to procure a person to commit that crime when it is not in fact committed:
d: being an accessory after the fact to that crime foreign country Section 7A inserted 1 September 1999 section 8 Aviation Crimes Amendment Act 1999
8: Surrender of offenders
Section 8 repealed 1 September 1999 section 111 Extradition Act 1999
9: Application of sections 3, 4, and 5
1: Nothing in section 3 section 4
a: the alleged offender is a New Zealand citizen or a person ordinarily resident in New Zealand; or
b: the act or omission occurred in New Zealand; or
c: the alleged offender is present in New Zealand ; or
d: the aircraft is leased without crew to a lessee—
i: whose principal place of business is in New Zealand; or
ii: in any other case, who is a New Zealand citizen or a person ordinarily resident in New Zealand.
2: Nothing in paragraph (a), paragraph (b), paragraph (c), paragraph (d), or paragraph (f) of section 5
a: the alleged offender is a New Zealand citizen or a person ordinarily resident in New Zealand; or
b: the act or omission occurred in New Zealand; or
c: the alleged offender is present in New Zealand ; or
d: the aircraft is leased without crew to a lessee—
i: whose principal place of business is in New Zealand; or
ii: in any other case, who is a New Zealand citizen or a person ordinarily resident in New Zealand.
3: Nothing in section 3 section 4 section 5
a: the alleged offender is a New Zealand citizen or a person ordinarily resident in New Zealand; or
b: the act or omission occurred in New Zealand. Section 9(1)﻿(c) amended 1 September 1999 section 9(1) Aviation Crimes Amendment Act 1999 Section 9(1)﻿(d) inserted 1 September 1999 section 9(1) Aviation Crimes Amendment Act 1999 Section 9(2)﻿(c) amended 1 September 1999 section 9(2) Aviation Crimes Amendment Act 1999 Section 9(2)﻿(d) inserted 1 September 1999 section 9(2) Aviation Crimes Amendment Act 1999
9A: Application of section 5A
Section 5A Section 9A inserted 1 September 1999 section 10 Aviation Crimes Amendment Act 1999
10: Application of certain provisions of Crimes Act
Nothing in section 8 section 400 section 5 section 4 Taking firearms, explosives, etc, on to aircraft
11: Taking firearms, explosives, etc, on to aircraft
or into sterile area or security enhanced area
1: Everyone commits a crime, and is liable on conviction
a: any firearm; or
b: any other dangerous or offensive weapon or instrument of any kind whatsoever; or
c: any ammunition; or
d: any explosive substance or device, or any other injurious substance or device of any kind whatsoever which could be used to endanger the safety of the aircraft or of persons on board the aircraft ; or
e: an imitation of an item or substance specified in paragraphs (a) to (d).
1A: Every person commits an offence and is liable on conviction
1B: Every person commits an offence and is liable on conviction
a: has the intention of causing bodily injury or of doing any act that would constitute a crime under section 3 4 5 5A
b: takes on board an aircraft or into a sterile area or a security enhanced area an item or substance that is capable of—
i: causing bodily injury or of endangering the safety of an aircraft or an airport when combined with another item or substance; or
ii: activating another item or substance that is capable of causing bodily injury or of endangering the safety of an aircraft or an airport.
2: For the purposes of this section, the term firearm
3: For the purposes of this section, dangerous or offensive weapon Section 11 heading amended 26 September 2007 section 5(1) Aviation Crimes Amendment Act 2007 Section 11(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11(1)﻿(d) amended 26 September 2007 section 5(2) Aviation Crimes Amendment Act 2007 Section 11(1)﻿(e) inserted 26 September 2007 section 5(2) Aviation Crimes Amendment Act 2007 Section 11(1A) inserted 26 September 2007 section 5(3) Aviation Crimes Amendment Act 2007 Section 11(1A) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11(1B) inserted 26 September 2007 section 5(3) Aviation Crimes Amendment Act 2007 Section 11(1B) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 11(3) inserted 26 September 2007 section 5(4) Aviation Crimes Amendment Act 2007 Search of passengers, baggage, and cargo
12: Search of passengers, baggage, and cargo
1: Any member of the Police, any aviation security officer, any Customs officer, or any employee or agent of the carrier authorised by the carrier for the purpose may, with the consent of the passenger, search a passenger and the passenger's baggage for the purpose of detecting any item or substance that could pose a threat to aviation safety and security (including, but not limited to, any item or substance specified in section 11(1)
2: If the passenger declines to allow himself or herself or his or her baggage to be searched, the carrier must refuse to carry—
a: the passenger:
b: his or her baggage.
3: A carrier is not liable to any civil proceeding, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or any part of the fare, by reason of the fact that the carrier has refused to carry—
a: a passenger who has declined to allow himself or herself or his or her baggage to be searched:
b: the baggage of a passenger who has declined to allow himself or herself or his or her baggage to be searched.
4: With respect to a search made under subsection (1),—
a: by an employee or agent of the carrier authorised by the carrier for the purpose, the passenger must not be required to remove any article of clothing (other than a coat or similar article) for the purpose of being searched:
b: by a member of the Police, an aviation security officer, or a Customs officer, the passenger must, if directed to do so,—
i: remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the passenger is wearing to enable the search to be carried out, except where the passenger has no other clothing, or only underclothing, under the outer clothing:
ii: remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:
iii: allow a member of the Police, an aviation security officer, or a Customs officer to carry out a pat down search:
c: by a member of the Police, an aviation security officer, a Customs officer, or an employee or agent of the carrier authorised by the carrier for the purpose, a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.
5: Any aviation security officer, or any employee or agent of the carrier authorised by the carrier for the purpose, may examine any cargo before the cargo is loaded onto any aircraft in New Zealand pursuant to a contract providing for the carriage of the cargo by air from a place in New Zealand to any other place (whether in New Zealand or elsewhere).
6: Subject to subsection (7), with respect to a search made under subsection (1) or (5), a member of the Police, an aviation security officer, or a Customs officer may use any aid or device that is reasonably necessary to facilitate the search, including (but not limited to) a dog, chemical substance, or x-ray or imaging equipment, or some other mechanical, electrical, or electronic device.
7: Despite subsection (6), with respect to a person searched under subsection (1), a member of the Police, an aviation officer, a Customs officer, or an agent of the carrier authorised by the carrier for the purpose may not use an aid or device that produces an unclothed image of the person.
8: For the purposes of this section, pat down search
a: means a search of a clothed person in which the person conducting the search may do all or any of the following:
i: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:
ii: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
iii: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:
A: open his or her mouth:
B: display the palms of his or her hands:
C: display the soles of his or her feet:
D: lift or rub his or her hair; and
b: includes the authority to search—
i: any item or substance carried by, or in the possession of, the person; and
ii: any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
iii: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search. Section 12 replaced 26 September 2007 section 6 Aviation Crimes Amendment Act 2007
13: Search of persons declining to allow search
1: Where—
a: pursuant to subsection (2) of section 12
b: a member of the New Zealand Police has reasonable grounds to suspect that a crime against this Act in relation to the aircraft on which that person was to be carried has been, is being, or is likely to be, committed, whether by that person or by any other person, and that a search of the first-mentioned person will disclose evidential material about that offence, the member of the Police may, without warrant, search that first-mentioned person and his baggage, and may detain him for the purposes of that search, and may take possession of any article referred to in paragraph (a), (b), (c), (d), or (e) of section 11(1)
2: The refusal of any person to allow himself or his baggage to be searched pursuant to section 12
3:
4: The provisions of Part 4 subpart 3 Section 13(1) amended 11 April 2008 section 7(1) Aviation Crimes Amendment Act 2007 Section 13(1)﻿(b) amended 1 October 2012 section 202(2) Search and Surveillance Act 2012 Section 13(2) amended 21 November 1973 Aviation Crimes Amendment Act 1973 Section 13(3) repealed 1 October 2012 section 202(3) Search and Surveillance Act 2012 Section 13(4) replaced 1 October 2012 section 202(3) Search and Surveillance Act 2012
14: Evidence of offences
1: Nothing found in the course of a search or examination made pursuant to section 12 section 13 or sections 80 80B 80C Misuse of Drugs Act 1975
2: For the purposes of this section, if any dangerous goods (as defined in section 2 sections 80(a) and (ab) 80A Section 14(1) amended 11 April 2008 section 8 Aviation Crimes Amendment Act 2007 Section 14(1) amended 1 June 1977 section 39(1) Misuse of Drugs Act 1975 Section 14(2) inserted 1 June 2002 section 43 Civil Aviation Amendment Act 2002 Powers of aircraft commander
15: Powers of aircraft commander
1: Without limiting the provisions of section 60
a: anything which is an offence under the law of the country in which the aircraft is registered (not being a law of a political nature or a law based on racial or religious discrimination); or
b: anything (whether an offence or not) which jeopardises or may jeopardise—
i: the safety of the aircraft or of persons or property on board the aircraft; or
ii: good order and discipline on board the aircraft,— the commander may take with respect to that person such reasonable measures, including restraint, as may be necessary—
c: to protect the safety of the aircraft or of persons or property on board the aircraft; or
d: to maintain good order and discipline on board the aircraft; or
e: to enable the commander to disembark or deliver that person in accordance with subsection (4) or subsection (5)
2: Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any member of the crew shall if so required by the commander, assist in restraining any person whom the commander is entitled under subsection (1) to restrain. Any member of the crew and any other person on board the aircraft may, without the commander's authority, take with respect to any person on board the aircraft such reasonable measures, including restraint, as he has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.
3: Any restraint imposed on any person on board an aircraft under the powers conferred by subsection (1) or subsection (2)
a: for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with the requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (4) or subsection (5); or
b: if the person under restraint agrees to continue his journey under restraint on board that aircraft.
4: If the commander of an aircraft has reasonable grounds to believe that a person on board the aircraft has done or is about to do on board the aircraft anything (whether an offence or not) which jeopardises or may jeopardise—
a: the safety of the aircraft or of persons or property on board the aircraft; or
b: good order and discipline on board the aircraft,— he may, if he considers it necessary to do so in order to protect the safety of the aircraft, disembark that person in any country in which the aircraft may be.
5: If the commander of an aircraft has reasonable grounds to believe that any person on board the aircraft has done on board the aircraft anything which in the commander's opinion is a serious offence under the law of the country in which the aircraft is registered, he may deliver that person—
a: in New Zealand, to any member of the New Zealand Police; or
b: in any other country which is a party to the Tokyo Convention, to any person exercising functions corresponding to those of a member of the New Zealand Police.
6: If the commander of an aircraft disembarks any person pursuant to subsection (4), in the case of a New Zealand aircraft, in any country, or, in the case of any other aircraft, in New Zealand, he shall report the fact of, and the reasons for, that disembarkation to an appropriate authority in the country of disembarkation (being, in New Zealand, a member of the New Zealand Police).
7: If the commander of an aircraft intends to deliver any person in accordance with subsection (5) in New Zealand or, in the case of a New Zealand aircraft, in any other country which is a party to the Tokyo Convention, he shall, before or as soon as practicable after landing, give notification of his intention and of the reasons for his intention to an appropriate authority in that country (being, in New Zealand, a member of the New Zealand Police).
8: Any commander of an aircraft who without reasonable cause fails to comply with the requirements of subsection (6) or subsection (7)
9: A person who in good faith imposes reasonable measures, including restraint, on another person in accordance with the provisions of this section is not guilty of an offence and is not liable to any civil proceeding in respect of those measures. Section 15(8) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Arrest of persons delivered to Police
1: Any member of the New Zealand Police shall accept delivery of a person whom the commander of an aircraft seeks to deliver to him in accordance with subsection (5) of section 15
2: Where any member of the New Zealand Police accepts delivery of a person under subsection (1), he shall forthwith arrest that person.
17: Power to search persons on aircraft
If the commander of an aircraft in flight has reasonable grounds to suspect that a crime against this Act has been, is being, or is likely to be, committed on board or in relation to that aircraft, he, or any member of the crew of the aircraft or any other person on board the aircraft authorised by him to do so, may search any person or baggage on board the aircraft, and may take possession of any article found which has been used or could be used to effect or facilitate the commission of a crime against this Act. Miscellaneous provisions
18: Attorney-General's consent required to prosecutions
No proceedings for the trial and punishment of any person charged with a crime against section 3 section 4 section 5 or section 5A section 11 provided that a person charged with any such crime may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, but no further proceedings shall be taken until that consent has been obtained. Section 18 amended 1 September 1999 section 11 Aviation Crimes Amendment Act 1999
19: Aircraft in military, Customs, or Police service
Nothing in sections 11 to 17
20: Joint registration of aircraft
Where an aircraft is subject to joint or international registration, it shall be deemed for the purposes of this Act to be registered in the country which, according to the records of the International Civil Aviation Organisation, is the country of registration.
21: Other Acts not affected
Nothing in this Act shall be construed to limit or affect the operation of any provision of the Immigration Act 2009 Crimes Act 1961 Section 21 amended 29 November 2010 section 406(1) Immigration Act 2009 Section 21 amended 1 September 1999 section 11 Aviation Crimes Amendment Act 1999