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New Zealand law explained for everyone

Civil Aviation Act 1990

Aviation security

80C: Powers and duties of aviation security officers relating to security enhanced areas

You could also call this:

"Airport security officers can check and remove unsafe items in special secure areas"

An aviation security officer can check people, things, and vehicles before they enter a special secure area at the airport or while they're inside it. They do this to find items or substances that aren't allowed.

When the officer searches, they must follow specific rules. If they find something that's not allowed, and they think there's no good reason for it to be there, they can take it away to check further.

If the officer decides the item shouldn't be in the secure area, they can do a few things. They might keep the item and give it to the police or get rid of it if the Director agrees. They could also stop the person with the item from entering the secure area or tell them to leave. They must also write down what they found and who had it.

If the officer decides the item is okay to have in the secure area, they should try to give it back to the person they took it from.

If the officer thinks the item might be really dangerous right away, they can destroy it or get rid of it some other way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1136016.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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80B: Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas, or

"Aviation security officers can search for and take away unsafe items at airports"

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80D: Consent to be screened or searched, or

"You must agree before anyone can check you or your belongings at the airport for safety"

Part 8Aviation security

80CPowers and duties of aviation security officers relating to security enhanced areas

  1. Without limiting section 80, an aviation security officer may, for the purpose of detecting any item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

  2. before the person, item, substance, or vehicle enters a security enhanced area:
    1. present in a security enhanced area.

      1. A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

      2. If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and the aviation security officer has reasonable grounds to believe 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 may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area.

      3. 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—

      4. must—
        1. detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of; or
          1. deny entry into the security enhanced area to any person in possession of the item or substance; or
            1. direct the person in possession of the item to leave the security enhanced area, with or without—
              1. the item or substance:
                1. any vehicle used to transport the item or substance; and
              2. must make a record of the item or substance and the person from whom the item or substance was seized (if any).

                1. 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.

                2. 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.

                Notes
                • Section 80C: inserted, on , by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                • Section 80C(4)(a)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).