Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Offences and penalties - General offences

53A: Flight over foreign country without authority or for improper purpose

You could also call this:

"Flying over other countries: Rules to follow and consequences if you break them"

This law is about flying planes over other countries. It applies to planes registered in New Zealand or operated by people who usually live or work in New Zealand.

You can get in trouble if you use a plane in a way that's bad for the security, public order, public health, or air safety of another country. If you're caught doing this, you might have to prove that you didn't know about it.

If you're flying over another country without permission, or if the country thinks you might be doing something bad, you must follow the instructions given by that country's air authorities. But you don't have to follow these instructions if it would put people on the plane in danger.

The 'air authorities' can be anyone from the military or civil authorities who are allowed to give instructions to planes flying over their country.

If you break this law, you could be punished. If you're a person, you might go to jail for up to 12 months or pay a fine of up to $10,000. If you're a company, you might have to pay a fine of up to $100,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216969.

Topics:
Transport and travel > Air travel
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Part 5Offences and penalties
General offences

53AFlight over foreign country without authority or for improper purpose

  1. This section applies to—

  2. any aircraft that is registered or required to be registered in New Zealand under this Act:
    1. any other aircraft operated by a person who is normally resident in New Zealand or whose principal place of business is in New Zealand.

      1. Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over a foreign country or territory, knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory.

      2. In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, the foreign country or territory, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the aircraft was being so used.

      3. Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory where—

      4. the flight is not duly authorised; or
        1. there are reasonable grounds for the appropriate aeronautical authority to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory,—
            1. unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction.

          1. In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given.

          2. The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority.

          3. For the purposes of this section, appropriate aeronautical authority includes any person, whether a member of the military authorities or the civil authorities of the foreign country or territory, who is authorised under the law of the foreign country or territory to issue directions to aircraft flying over that country or territory.

          4. Every person who commits an offence against subsection (2) or subsection (4) is liable on conviction,—

          5. in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
            1. in the case of a body corporate, to a fine not exceeding $100,000.

              Notes
              • Section 53A: inserted, on , by section 21 of the Civil Aviation Amendment Act 1996 (1996 No 91).
              • Section 53A(1)(b): amended, at 2 am on , by section 406(1) of the Immigration Act 2009 (2009 No 51).