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Civil Aviation Act 1990

Unruly passenger offences - Preliminary provisions

65D: Foreign aircraft outside New Zealand

You could also call this:

“Rules for dealing with bad behaviour on foreign planes outside New Zealand”

If someone misbehaves on a foreign aircraft outside of New Zealand, they can still be punished. This can happen if the pilot asks for it and promises they haven’t asked any other country to do the same thing. The pilot needs to fill out a special form to make this request.

If the person who misbehaved needs to go to court, the Attorney-General usually has to say it’s okay first. But there are times when the court case can start without the Attorney-General’s permission. This can happen if the person gets a fine notice or if they ask to have their case heard in court.

Even before the Attorney-General decides, the person who misbehaved can be arrested, charged, kept in jail, or let out on bail.

In court, the pilot’s request form is considered good proof of what happened, unless someone can show it’s not true.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217111.

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"You can be punished for certain bad behaviour on planes, even if it happens outside New Zealand"

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"Rules about when and how you can take legal action for breaking aviation laws"

Part 5A Unruly passenger offences
Preliminary provisions

65DForeign aircraft outside New Zealand

  1. An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if—

  2. the pilot-in-command—
    1. makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and
      1. provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other State; and
      2. in the case of proceedings, the Attorney-General consents.

        1. To avoid doubt, a person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether or not to consent to proceedings.

        2. Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside of New Zealand may be commenced without the Attorney-General's consent if—

        3. a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1); or
          1. the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.

            1. In any proceedings for an offence under this Part, the pilot-in-command's request and undertaking, if made in the prescribed form or forms, are—

            2. admissible in evidence; and
              1. in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms.

                Notes
                • Section 65D: inserted, on , by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                • Section 65D(3)(a): substituted, on , by section 32(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).