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Civil Aviation Act 1990

Aviation security

80E: Persons who refuse to consent to be screened or searched

You could also call this:

"What happens if you don't want to be checked at the airport"

If you don't agree to be screened or searched in a secure airport area, a security officer can stop you from entering or make you leave. They can also make you remove any items you have with you.

The security officer can physically stop you from entering or remove you from the area if needed.

If you refuse to leave when asked or try to enter when you're not allowed, and you keep doing it after being warned, the security officer can hold you. They can also hold you if they think you might have committed a crime related to aviation or if searching you might show evidence of such a crime.

If a security officer holds you, they must hand you over to a police officer as soon as they can.

The security officer, or someone helping them, can use reasonable force if they need to stop you entering, remove you from the area, or hold you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1136018.

Topics:
Transport and travel > Air travel
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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"

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80F: Searches of persons refusing consent to be searched, or

"Police can search you at the airport even if you say no"

Part 8Aviation security

80EPersons 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), an aviation security officer may—

  2. deny that person entry into the security enhanced area:
    1. require that person to—
      1. leave the security enhanced area:
        1. remove any item, substance, or vehicle in that person's possession from the security enhanced area.

        2. An aviation security officer may—

        3. prevent a person from entering a security enhanced area if the person is denied entry:
          1. remove a person from a security enhanced area if the person is required to leave.

            1. An aviation security officer may detain a person who—

            2. 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:
              1. refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that—
                1. an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by that person or by any other person; or
                  1. a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by that person or any other person.

                  2. A person detained under subsection (3) must be delivered to a constable as soon as practicable.

                  3. 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—

                  4. prevent a person from entering a security enhanced area under subsection (2)(a):
                    1. remove a person from a security enhanced area under subsection (2)(b):
                      1. detain a person under subsection (3).

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