Civil Aviation Amendment Act 2007

1: Title
This Act is the Civil Aviation Amendment Act 2007.
2: Commencement
1: Sections 3 4(2) (3) 8 12(2) 13 14(1) 16 17 19(1) (2) RA 2007-09-26 Civil Aviation Act 1990
2: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made bringing different provisions into force on different dates. OIC SR 2007/404 2008-01-18 Sections 7, 9 to 11, 14(2), 15, and 19(3) OIC SR 2008/62 2008-04-11 ss 4(4), 5 OIC Civil Aviation Act 1990 Section 2(2) brought into force 18 January 2008 Civil Aviation Amendment Act 2007 Commencement Order 2007 Section 2(2) brought into force 11 April 2008 Civil Aviation Amendment Act 2007 Commencement Order 2008 (SR 2008/62)
3: Principal Act amended
Sections 4 to 17 Civil Aviation Act 1990
4: Interpretation
1: Section 2 foreign in-flight security officer
a: authorised to act on an aircraft that is in flight by the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted; and
b: subject to an in-flight security officer arrangement or agreement between New Zealand and the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted in-flight security officer section 15A of the Aviation Crimes Act 1972 .
2: Section 2 security enhanced area section 84(1A) .
3: Section 2 sterile area .
4: Section 2
2: For the purposes of this Act, an aviation identity card issued or approved by the Director under any regulations or rules made under this Act is not an aviation document.
5: General requirements for participants in civil aviation system
Section 12(2) or regulations rules
6: Rules relating to safety and security
Section 29
e: rules providing for in-flight safety and security, including, but not limited to, the following:
i: the possession, carriage, and use of an item, being a firearm, weapon, ammunition, or any other equipment, by an in-flight security officer on board an aircraft operated by an operator certified under Part 119
ii: the carriage of an item, being a firearm, weapon, ammunition, or any other equipment, by a foreign in-flight security officer while entering, transiting, or departing from New Zealand.
7: Security area offences
1: The heading to section 54 and security enhanced area area
2: Section 54(1) or security enhanced area security area
3: Section 54 subsection (2)
2: Every person who commits an offence under subsection (1)
a: security area is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000:
b: security enhanced area is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000.
8: New section 56A inserted
The following section is inserted after section 56
56A: Security check offences
1: Every person commits an offence who, in relation to a security check of that person,—
a: provides information that the person knows is false or misleading in a material particular; or
b: fails to disclose, without reasonable excuse, information that the person knows to be materially relevant.
2: Every person who commits an offence under subsection (1)
9: Powers and duties of Minister to require screening
1: The heading to section 77A , searching, and seizing
2: Section 77A subsection (1)
1: The Minister may, if the Minister considers it necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any person, item, or substance—
A: before the person, item, or substance enters a sterile area:
B: present in a sterile area:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
v: any unattended item, substance, or vehicle in a security enhanced area:
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any (as specified in the Gazette
A: aircraft or class of aircraft:
B: aerodrome or class of aerodrome:
C: navigation installation or class of navigation installation:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a sterile area:
B: present in a sterile area:
v: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
vi: any unattended item, substance, or vehicle in a security enhanced area:
c: to seize any item or substance specified in the Gazette
1A: An aviation security service provider directed under subsection (1) Gazette
3: Section 77A(2) , to determine whether or not the direction is necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security,
4: Section 77A(2)(b) appropriate, appropriate and practical, other ministers,
10: Powers and duties of Director to require screening
1: The heading to section 77B , searching, and seizing
2: Section 77B subsection (1)
1: The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any person, item, or substance—
A: before the person, item, or substance enters a sterile area:
B: present in a sterile area:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
v: any unattended item, substance or vehicle in a security enhanced area:
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any (as specified in the Gazette
A: aircraft or class of aircraft:
B: aerodrome or class of aerodrome:
C: navigation installation or class of navigation installation:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a sterile area:
B: present in a sterile area:
v: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
vi: any unattended item, substance, or vehicle in a security enhanced area:
c: seize any item or substance specified in the Gazette
1A: An aviation security service provider directed under subsection (1) Gazette
3: Section 77B(2) and practical appropriate
11: New section 77BA inserted
The following section is inserted after section 77B
77BA: Certain
Gazette
1: A notice to be published in the Gazette section 77A(1) or 77B(1)
2: For the purposes of this section, security sensitive information means information that would prejudice the national security interests of New Zealand if disclosed.
12: New sections 77D to 77I inserted
1: The following sections are inserted in their appropriate alphanumeric order:
77D: Director may approve firearms, weapons, ammunition, and other equipment for carriage and use by in-flight security officers
The Director may approve firearms, weapons, ammunition, and other equipment for carriage and use on board an aircraft by an in-flight security officer.
77E: Foreign in-flight security officers
1: Despite section 11 of the Aviation Crimes Act 1972
a: disembark from an aircraft:
b: board an aircraft:
c: pass through a—
i: security area:
ii: security enhanced area:
iii: sterile area.
2: To avoid doubt, the authorisation of a foreign in-flight security officer by the—
a: Director is not an aviation document:
b: State that has issued the air operating certificate (or its equivalent) for the aircraft operator only applies while the aircraft is in flight.
2: The following sections are inserted in their appropriate alphanumeric order:
77F: Powers and duties of Director relating to security checks
1: The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—
a: the security check is for the purpose of determining whether the person poses a threat to aviation security; and
b: the person consents.
2: If a person refuses consent to a security check under subsection (1)
3: The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.
4: For the purpose of determining whether a person poses a threat to aviation security, the Director may—
a: seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969
b: give weight to any component of the information as the Director considers appropriate in the circumstances.
5: If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination.
6: The Director may reconsider any previous security check determination that the Director has made if—
a: new information is made available; or
b: the Director has reason to believe that the person may pose a threat to aviation security.
7: If the Director proposes to reconsider any previous security check determination, the Director must—
a: advise the person to whom the security check determination relates that the Director is reconsidering that determination; and
b: complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a)
c: if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G
d: if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 77G
e: if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 77G
8: Nothing in this section limits the power of the Director to grant an exemption under section 37
77G: Review procedures for security check determinations
1: If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service under section 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969 sections 11 and 16 of the Inspector-General of Intelligence and Security Act 1996
2: If the Director proposes to make an adverse security check determination with respect to a person based on information other than a recommendation made by the New Zealand Security Intelligence Service, the Director must—
a: advise the person of the proposed determination and the reasons for the proposed determination; and
b: give the person written notice that, within 20 working days of the date of the notice, the person may—
i: seek legal advice or assistance with respect to the proposed determination:
ii: respond to, comment on, or make submissions on the proposed determination:
iii: provide new information relevant to the proposed determination; and
c: give the person notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)
d: consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and
e: make a final determination and inform the person and any other affected party of,—
i: in the case of the person, the final determination and the reasons for the final determination; and
ii: in the case of any other affected party, the final determination but not the reasons for the final determination.
3: If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must—
a: follow the procedure set out in subsection (2)
i: a recommendation made by the New Zealand Security Intelligence Service; and
ii: information other than the recommendation; and
b: then follow the procedure set out in subsection (1)
i: the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and
ii: the person is a New Zealand person.
4: If the Director makes a final adverse security check determination, the Director must—
a: revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and
b: require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation.
5: For the purposes of this section,— Inspector-General of Intelligence and Security section 5 of the Inspector-General of Intelligence and Security Act 1996 New Zealand person section 2(1) of the Inspector-General of Intelligence and Security Act 1996
77H: Offence to carry out activity while authorisation withdrawn or after authorisation revoked
1: Every person commits an offence who carries out an activity that requires an authorisation—
a: during a period when that authorisation has been withdrawn under section 77F(7)(d) or (e)
b: if that authorisation has been revoked under section 77G(4)
2: Every person who commits an offence against subsection (1)
77I: Offence to fail to comply with Director's requirement to withdraw or revoke authorisation
1: Every person commits an offence who fails, without reasonable excuse, to comply with the Director's requirement to—
a: withdraw an authorisation under section 77F(7)(e)
b: revoke an authorisation under section 77G(4)(b)
2: Every person who commits an offence against subsection (1)
13: Functions and duties of Aviation Security Service
1: The heading to section 80 Functions Powers, functions,
2: Section 80 functions powers, functions,
3: Section 80(a)(ii) , reasonable searches, or seizures screening
14: New sections 80B to 80I inserted
1: The following section is inserted in its appropriate alphanumeric order:
80B: Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
1: Without limiting section 80 of this Act section 12(1) of the Aviation Crimes Act 1972 section 77A(1) or 77B(1)
a: before the person, item, substance, or vehicle enters a sterile area:
b: present in a sterile area.
2: A search undertaken under subsection (1) section 12(2) to (8) of the Aviation Crimes Act 1972
3: If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 section 77A(1) or 77B(1) subsection (1) or section 80 of this Act section 12 of the Aviation Crimes Act 1972
4: If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—
a: if practicable, return the item or substance to the person from whom it was seized; or
b: if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.
5: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—
a: detain the item or substance until it is dealt with in accordance with paragraph (b) or (c)
b: dispose of or destroy the item or substance; or
c: deliver the item or substance to a member of the police.
6: If an aviation security officer delivers an item or substance to a member of the police under subsection (5)(c)
7: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.
2: The following sections are inserted in their appropriate alphanumeric order:
80C: Powers and duties of aviation security officers relating to security enhanced areas
1: Without limiting section 80 section 11(1) of the Aviation Crimes Act 1972 section 77A(1) or 77B(1)
a: before the person, item, substance, or vehicle enters a security enhanced area:
b: present in a security enhanced area.
2: A search undertaken under subsection (1) section 12(2) to (8) of the Aviation Crimes Act 1972
3: If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 section 77A(1) or 77B(1) subsection (1) or section 80 of this Act section 12 of the Aviation Crimes Act 1972
4: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer—
a: must—
i: detain the item or substance until it is delivered to a member of the police or, if the Director agrees, destroyed or otherwise disposed of; or
ii: deny entry into the security enhanced area to any person in possession of the item or substance; or
iii: direct the person in possession of the item to leave the security enhanced area, with or without—
A: the item or substance:
B: any vehicle used to transport the item or substance; and
b: must make a record of the item or substance and the person from whom the item or substance was seized (if any).
5: If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.
6: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.
80D: Consent to be screened or searched
1: The powers specified in section 80C(1)
i: a person to be screened or searched with the consent of the person:
ii: an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle.
2: To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended.
80E: Persons who refuse to consent to be screened or searched
1: If a person refuses to consent to the screening or searching under section 80C(1)
a: deny that person entry into the security enhanced area:
b: require that person to—
i: leave the security enhanced area:
ii: remove any item, substance, or vehicle in that person's possession from the security enhanced area.
2: An aviation security officer may—
a: prevent a person from entering a security enhanced area if the person is denied entry:
b: remove a person from a security enhanced area if the person is required to leave.
3: An aviation security officer may detain a person who—
a: refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying:
b: refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972
ii: a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972
4: A person detained under subsection (3)
5: An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: prevent a person from entering a security enhanced area under subsection (2)(a)
b: remove a person from a security enhanced area under subsection (2)(b)
c: detain a person under subsection (3) 2004 No 16 s 54
80F: Searches of persons refusing consent to be searched
1: If a person refuses to consent to the screening or searching under section 80C(1) section 11(1) of the Aviation Crimes Act 1972
a: an offence against the Aviation Crimes Act 1972
b: a search of the person refusing to consent, or any item, substance, or vehicle in the person's possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972
2: The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle in the person's possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972
3: A member of the police exercising the power of search under subsection (1)
a: provide evidence of his or her identity to the person to be searched; and
b: inform the person to be searched that the search is authorised under this section; and
c: if not in uniform, provide evidence, if asked, that he or she is a member of the police to the person to be searched.
4: If a member of the police exercises the power of search under subsection (1) 2004 No 16 s 55
80G: Searches of persons
1: With respect to a search made under section 80C(1)
a: a person must, if directed to do so by an aviation security officer,—
i: remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing to enable the search to be carried out, except where the person 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 an aviation security officer to carry out a pat down search:
b: 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.
2: 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.
80H: Power to require drivers to stop vehicles in security enhanced areas for screening or searching
1: An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle.
2: The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
3: Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000, who, without lawful authority or reasonable excuse, fails to—
a: stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
b: remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle. 1998 No 110 s 114
80I: Protection of aviation security officers
Nothing done by an aviation security officer under sections 80B(3) to (7) and 80C(3) to (6)
a: good faith; and
b: the exercise of powers or the performance of duties under this Act. 1949 No 19 s 13
15: Security areas
1: The heading to section 84 and security enhanced areas
2: Section 84(1) thereof of the area
3: Section 84 subsection (1)
1A: The Director may declare, by appropriate notification, that an area within a security area is a security enhanced area.
4: Section 84 subsection (2)
2: No person other than a member of the police on official duties or an aviation security officer on official duties may enter or remain in any security area or security enhanced area unless the person is—
a: wearing an airport identity card issued under the rules (or other identity document approved by the Director under the rules) and worn in accordance with the rules; and
b: authorised by the Director or the airport manager or other person having control of the area.
5: Section 84(3) or security enhanced area security area
6: Section 84(4) aviation security area security area or security enhanced area
7: Section 84(5) or security enhanced area security area
8: Section 84 subsection (7)
7: Despite subsection (2)
8: Despite subsection (2)
16: Powers of arrest
1: The heading to section 85 and seizure of items or substances
2: Section 85(1)(a) 5A, 5,
3: Section 85 subsection (1)
1A: An aviation security officer may—
a: search a person arrested under subsection (1)
b: seize any item or substance that may be evidence of an offence against an enactment specified in subsection (1)
i: the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1)
ii: the item or substance poses a threat to the safety of the officer or any other person; and
iii: immediate action is necessary to address the threat.
1B: An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: arrest a person under subsection (1)
b: search a person under subsection (1A)
c: seize an item or substance under subsection (1A)
1C: To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972
1D: An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1A)(b)
4: Section 85(3) , and any item or substance he or she seizes, arrests
5: Section 85
4: An aviation security officer may seize an item or substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against an enactment specified in subsection (1)
17: Regulations
1: Section 100(1) paragraph (b)
ba: prescribing those breaches of regulations made under paragraph (ee) .
2: Section 100(1) paragraph (c)
ca: prescribing those breaches of regulations made under paragraph (ee) .
3: Section 100(1) paragraph (ed)
ee: assisting aviation security, including (but not limited to)—
i: the specification and application of security controls for—
A: screening:
B: searching:
C: seizing items and substances:
ii: any matter for which—
A: rules may be made under section 28, 29, 29A, or 30
B: directions may be made under section 77A
iii: the revocation, substitution, or amendment of any—
A: rule made under section 28, 29, 29A, or 30
B: direction made under section 77A .
4: Section 100
3: To the extent that a rule made under section 28, 29, 29A, or 30 section 77A subsection (1)(ee)
4: No regulation made under subsection (1)(ee)
5: So far as the bylaws of any local authority are inconsistent with or repugnant to any regulation made under subsection (1)(ee) subsection (1)(ee)
18: Consequential amendments to Arms Act 1983
1: This section consequentially amends the Arms Act 1983
2: Section 2 foreign in-flight security officer section 2 of the Civil Aviation Act 1990 in-flight security officer section 2 of the Civil Aviation Act 1990 .
3: Section 3(2)(a) ; or
viii: an in-flight security officer or a foreign in-flight security officer: . OIC Arms Act 1983
19: Consequential amendments to Civil Aviation Rules
1: This section consequentially amends the Civil Aviation Rules.
2: The Civil Aviation Rules specified in Part 1
3: The Civil Aviation Rules specified in Part 2
4: The Civil Aviation Rules specified in Part 3