Civil Aviation Act 1990

Aviation security

83: Right of access

You could also call this:

"Aviation security officers can enter certain areas to do their job"

When an aviation security officer is working, they can go into any security designated airport or navigation installation. They can also enter any aircraft, building, or place in these areas. They do this to do their job under the law.

If the officer is by themselves, they can only enter peacefully and without force. If a police officer is with them, they might be able to enter in other ways.

Sometimes the police might be in charge of a situation at an airport or navigation installation. When this happens, the senior police officer there can limit where the aviation security officers can go.

If an aircraft or vehicle is not being used for business, the aviation security officer can only enter if they think there's a good reason. They need to believe there's someone or something inside that could be dangerous to the airport, installation, or people there.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217804.

Topics:

Transport and travel > Air travel

82: Security designated aerodromes and navigation installations, or

"The Minister can choose special airports that need extra protection"

84: Security areas and security enhanced areas, or

"Rules for special secure areas at airports and who can enter them"

Part 8Aviation security

83Right of access

Subject to subsections (2) and (3), an aviation security officer while on duty may at any time enter any security designated aerodrome or a security designated navigation installation, or any aircraft, building, or place in any part of a security designated aerodrome or security designated navigation installation, for the purpose of exercising and carrying out his or her powers, functions, and duties under this Act.
Unless the aviation security officer is accompanied by a constable, the power of entry conferred by subsection (1) shall be limited to peaceful and non-forceable entry.
Where the Police have taken command of any situation at an aerodrome or navigation installation, the rights of aviation security officers to enter any part thereof or any aircraft, building, or place shall be subject to such limitations as the senior constable present at the aerodrome or navigation installation specifies.
Where an aircraft or vehicle is not being used for commercial purposes, subsection (1) shall not apply unless the aviation security officer believes on reasonable grounds that there is in that vehicle or aircraft a person or thing likely to endanger the aerodrome or installation or any of its facilities or any person.

Compare

1964 No 68 s 21D
1976 No 153 s 4

Notes

Section 83(2): amended, on 1 October 2008, pursuant to section 116(a)(v) of the Policing Act 2008 (2008 No 72).
Section 83(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).