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Civil Aviation Act 1990

Unruly passenger offences - Unruly passenger offences

65P: Procedure for certain unruly passenger offences

You could also call this:

"How you might get in trouble for bad behaviour on a plane"

If you do something that's not allowed on an aircraft, the pilot can tell the Director of Civil Aviation or someone the Director chooses. These people can then decide to take you to court or give you an infringement notice, which is like a fine.

If they think you've done something wrong, they can ask for your name, address, and when you were born. If they think you're not telling the truth, they can ask you to prove it. If you don't give this information or lie about it, you might get arrested.

You can get in trouble and have to pay up to $1,000 if you don't give your details or if you lie about them.

If you give any proof of who you are, they have to look at it quickly and give it back to you as soon as they can.

The Director or the person they choose can give you the infringement notice in person or send it to your home or work address.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217139.

Topics:
Transport and travel > Air travel
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"Rules about things that can be dangerous on planes"

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65Q: Form of infringement notice, or

"Explains what's on a notice for being naughty on a plane"

Part 5AUnruly passenger offences
Unruly passenger offences

65PProcedure for certain unruly passenger offences

  1. If any offence specified in section 65Q(2) is alleged to have been committed by any person (in this section, the defendant), the pilot-in-command of the aircraft at the time of the alleged offence may, by any available means, notify, or cause to be notified,—

  2. the Director; or
    1. a person authorised by the Director.

      1. If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2),—

      2. the defendant may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
        1. the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.

          1. If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2), he or she may require the person to give his or her full name, address, and date of birth.

          2. If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.

          3. If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable may arrest that person without warrant.

          4. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

          5. refuses or fails to comply with a request under subsection (3) or subsection (4); or
            1. gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.

              1. Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.

              2. The Director or a person authorised by the Director—

              3. may deliver an infringement notice (or a copy of it) to the defendant personally; or
                1. may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business.

                  Notes
                  • Section 65P: inserted, on , by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
                  • Section 65P(2)(a): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 65P(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 65P(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).