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Civil Aviation Act 1990

Aviation security

77B: Powers and duties of Director to require screening, searching, and seizing

You could also call this:

"The Director can make airport security check people and things to keep planes safe"

The Director of Civil Aviation can tell aviation security providers to do certain things if they think there's a security risk. These things include:

You might need to be screened before getting on a plane or going into secure areas at the airport. This means they'll check you and your things to make sure you're not carrying anything dangerous.

Security might also need to search you, your belongings, or vehicles. They can do this before you board a plane or enter secure areas at the airport.

If security finds something they think shouldn't be on a plane, they can take it away.

Before the Director tells security to do these things, they usually talk to people who work in aviation, government departments, and other important groups.

Sometimes, if it's really urgent, the Director can make these rules start right away, even before they tell everyone about them. But they have to let the affected people know first.

These rules don't last forever. They can end after a certain time, or the Director can cancel them when they're not needed anymore.

The Director has to follow certain steps to make these rules official, like publishing them under the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217483.

Topics:
Transport and travel > Air travel
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"The Minister can make rules to check people and things at airports for safety"

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Part 8Aviation security

77BPowers and duties of Director to require screening, searching, and seizing

  1. The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice,—

  2. to screen—
    1. any person boarding an aircraft:
      1. any thing to be carried on an aircraft:
        1. any person, item, or substance—
          1. before the person, item, or substance enters a sterile area:
            1. present in a sterile area:
            2. any person, item, substance, or vehicle—
              1. before the person, item, substance, or vehicle enters a security enhanced area:
                1. present in a security enhanced area:
                2. any unattended item, substance or vehicle in a security enhanced area:
                3. if necessary, to undertake reasonable searches of—
                  1. any person boarding an aircraft:
                    1. any thing to be carried on an aircraft:
                      1. any (as specified in the notice)—
                        1. aircraft or class of aircraft:
                          1. aerodrome or class of aerodrome:
                            1. navigation installation or class of navigation installation:
                            2. any person, item, substance, or vehicle—
                              1. before the person, item, substance, or vehicle enters a sterile area:
                                1. present in a sterile area:
                                2. any person, item, substance, or vehicle—
                                  1. before the person, item, substance, or vehicle enters a security enhanced area:
                                    1. present in a security enhanced area:
                                    2. any unattended item, substance, or vehicle in a security enhanced area:
                                    3. seize any item or substance specified in the notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.

                                      1. An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the notice.

                                      2. Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate and practical, representative groups in the aviation industry, government departments, and Crown agencies.

                                      3. A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 (see subsection (8)), if the Director—

                                      4. considers on reasonable grounds that urgent action is required; and
                                        1. has notified all affected parties (other than persons boarding an aircraft) before that date.

                                          1. If a direction takes effect on a date before the notice is published under the Legislation Act 2019,—

                                          2. the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019 within 28 days of that date; and
                                            1. if the notice is published under the Legislation Act 2019 within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Director, after complying with subsection (3)(b), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

                                              1. Repealed

                                              2. Repealed

                                              3. The Director may, by notice, rescind a direction made under subsection (1).

                                              4. Subject to subsection (4), a direction remains in effect until it is rescinded.

                                              5. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                              6. a notice under subsection (1):
                                                1. a notice under subsection (6).

                                                  Notes
                                                  • Section 77B: inserted, on , by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                                  • Section 77B heading: amended, on , by section 10(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                  • Section 77B(1): substituted, on , by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                  • Section 77B(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(1)(b)(iii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(1)(c): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(1A): inserted, on , by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                  • Section 77B(1A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(2): amended, on , by section 10(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                  • Section 77B(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(4)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(4)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(5): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(5A): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(6): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                  • Section 77B(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).