Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Aviation security

80F: Searches of persons refusing consent to be searched

You could also call this:

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

If you don't agree to be searched at an airport, a police officer can still search you without a warrant. They can search you, your things, and any vehicle you have. They can also hold you while they do the search.

The police officer can take things from you that are listed in section 11(1) of the Aviation Crimes Act 1972. But they can only do this if they think you might have done something wrong related to the Aviation Crimes Act 1972, or if they think you have something that shows a crime has happened or might happen.

Just because you say no to being searched doesn't mean the police officer can think you've done something wrong.

Before searching you, the police officer must show you who they are. They need to tell you that they're allowed to search you because of this law. If they're not wearing a police uniform, they need to prove they're a police officer if you ask them to.

After doing a search like this, the police officer has to write a report about it within three days. They give this report to the Commissioner of Police.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM1136019.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
Previous

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

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

Next

80G: Searches of persons, or

"How airport security officers might search you to keep flying safe"

Part 8Aviation security

80FSearches of persons refusing consent to be searched

  1. If a person refuses to consent to the screening or searching under section 80C(1), a constable may, without a warrant, search the person and any item, substance, or vehicle in the person's possession, and may detain the person for the purposes of the search, and may take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972, if the constable has reasonable grounds to suspect that—

  2. 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; and
    1. 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 has been, is being, or is likely to be, committed, whether by that person or any other person.

      1. 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 has been, is being, or is likely to be, committed.

      2. A constable exercising the power of search under subsection (1) must, before the search is conducted, and on any subsequent request,—

      3. provide evidence of his or her identity to the person to be searched; and
        1. inform the person to be searched that the search is authorised under this section; and
          1. if not in uniform, provide evidence, if asked, that he or she is a constable to the person to be searched.

            1. If a constable exercises the power of search under subsection (1), he or she must, within 3 days after the day on which he or she exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

            Compare
            Notes
            • Section 80F: inserted, on , by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
            • Section 80F(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 80F(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 80F(3)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 80F(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).