Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

24: General power of entry

You could also call this:

“Explaining when officials can enter places to check on aviation safety”

The Director of Civil Aviation can let people go into aircraft, airports, buildings, or places to check things for civil aviation purposes. These people can also look at documents about aircraft, aeronautical products, or aviation services.

If it’s about an Australian airline operating in New Zealand, they can only do this if the Australian authorities ask them to.

These authorised people can enter places if they think someone is breaking the rules, not following the conditions of their aviation document, or if there’s a danger to people or property.

They can ask to see or take documents that are required by law. If they take a document, they must tell the owner about it.

They can’t look at certain accident investigation records.

To enter someone’s home or a marae, they need a special warrant from a judge.

When these people enter a place, they must carry a document that shows who they are and what they’re allowed to do. They should show this document when they first enter and if anyone asks to see it later.

Police officers can do all these things too, even without being specially authorised by the Director.

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 It might be out of date or be missing some parts.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=DLM216149.

Topics:
Transport and travel > Air travel Government and voting > Government departments
Previous

23C: Restrictions on delegations, or

"Rules about who can give certain aviation jobs to other people"

Next

25: Powers of entry of Corporation, or

"Airways Corporation can enter land to check and fix their old equipment"

Part 2 Functions, powers, and duties of participants in the civil aviation system

24General power of entry

  1. For the purpose of carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act or for the purpose of the ANZA mutual recognition agreements, every person duly authorised by the Director shall have right of access at any reasonable time to the following:

  2. any aircraft, aerodrome, building, or place:
    1. any document or record concerning any aircraft, aeronautical product, or aviation related service.

      1. In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1) may only be exercised at the request of CASA.

      2. Without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—

      3. any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or
        1. in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or
          1. a condition imposed under any civil aviation document or Australian AOC with ANZA privileges is not being complied with; or
            1. a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property—
                1. may at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.

              1. Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2)—

              2. may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act or, in the case of an Australian AOC with ANZA privileges, under Australian law, to produce or surrender it; and
                1. must, if a document is surrendered under paragraph (a), orally inform the relevant aviation document holders or, if applicable, the relevant Australian AOC with ANZA privileges holder, as soon as practicable, and in writing that the document has been surrendered.

                  1. The right of access and the powers conferred by any of subsections (1) to (3) may not be used to gain a right of access to, to inspect, or to require the production or surrender of a record specified in paragraph (a) or paragraph (b) of section 14C(2) of the Transport Accident Investigation Commission Act 1990.

                  2. Nothing in subsection (1) or subsection (2) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which must not be granted unless the issuing officer is satisfied that the entry is essential to enable the inspection to be carried out.

                  3. Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5, 7, 9, and 10 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (4) and its execution.

                  4. Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

                  5. Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Director specifying—

                  6. the name and the office or offices held by the person; and
                    1. that the person is authorised by the Director to exercise the power conferred by subsections (1) and (2) to enter aircraft, aerodromes, buildings, and places, and to carry out such inspection; and
                      1. in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.

                        1. Every person exercising the power of entry conferred by subsections (1) and (2) shall produce the warrant of authority and evidence of identity—

                        2. if practicable on first entering the aircraft, aerodrome, building, or place; and
                          1. whenever subsequently reasonably required to do so.

                            1. Every constable shall have and may exercise all or any of the powers conferred on a person who has been duly authorised by the Director under this section.

                            Notes
                            • Section 24(1): amended, on , by section 14(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(1): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                            • Section 24(1A): inserted, on , by section 14(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(2): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                            • Section 24(2)(ab): inserted, on , by section 14(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(2)(b): amended, on , by section 14(4) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(3): substituted, on , by section 9 of the Civil Aviation Amendment Act 2002 (2002 No 15).
                            • Section 24(3): amended, on , by section 14(5) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(3)(a): amended, on , by section 14(6) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(3)(b): substituted, on , by section 14(7) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(3A): inserted, on , by section 10 of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).
                            • Section 24(4): amended, on , by section 210(2) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 24(5): replaced, on , by section 210(3) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 24(5A): inserted, on , by section 210(3) of the Search and Surveillance Act 2012 (2012 No 24).
                            • Section 24(6): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                            • Section 24(6)(b): amended, on , by section 14(8) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(6)(b): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).
                            • Section 24(6)(c): added, on , by section 14(8) of the Civil Aviation Amendment Act 2004 (2004 No 8).
                            • Section 24(8): amended, on , pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).
                            • Section 24(8): amended, on , by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).