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Civil Aviation Act 1990

Aviation security

85: Powers of arrest and seizure of items or substances

You could also call this:

"Police-like powers for airport security to stop and search people who might be breaking laws"

An aviation security officer can arrest you without a warrant if they think you've broken certain laws at or near an airport or navigation installation. These laws include parts of the Aviation Crimes Act 1972 and the Arms Act 1983.

If they arrest you, the officer can search you. They can also take items from you if they think these items are evidence of a crime and pose a threat to safety. The officer can use reasonable force to arrest you, search you, or take items from you.

The officer can search you even if they've already searched you before under a different law. After searching you, the officer must write a report for the Director within three working days.

Other people can help the officer arrest someone if the officer asks for help. The officer must give any arrested person and any items they've taken to a police officer as soon as they can.

The aviation security officer can also take items from an arrested person if they think these items are evidence of certain crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217807.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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Part 8Aviation security

85Powers of arrest and seizure of items or substances

  1. Every aviation security officer is justified in arresting without warrant any person on or in the vicinity of any security designated aerodrome or security designated navigation installation if he or she has reasonable grounds to believe that an offence has been or is being committed by that person against any of the following enactments:

  2. sections 3, 4, 5, 5A, and 11 of the Aviation Crimes Act 1972:
    1. section 45 of the Arms Act 1983 (which relates to unlawful carriage of firearms, ammunition, or explosives).

      1. An aviation security officer may—

      2. search a person arrested under subsection (1):
        1. seize any item or substance that may be evidence of an offence against an enactment specified in subsection (1), if the officer has reasonable grounds to believe that—
          1. the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1); and
            1. the item or substance poses a threat to the safety of the officer or any other person; and
              1. immediate action is necessary to address the threat.

              2. An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—

              3. arrest a person under subsection (1):
                1. search a person under subsection (1A):
                  1. seize an item or substance under subsection (1A).

                    1. To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972.

                    2. An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1A)(b).

                    3. Any person called upon to do so by an aviation security officer is justified in assisting him or her in good faith to arrest any person.

                    4. An aviation security officer shall as soon as may be practicable deliver any person he or she arrests, and any item or substance he or she seizes, to a constable.

                    5. An aviation security officer may seize an item or substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against an enactment specified in subsection (1).

                    Compare
                    • 1964 No 68 s 21F
                    • 1976 No 153 s 4
                    Notes
                    • Section 85 heading: amended, on , by section 16(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(1)(a): amended, on , by section 16(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(1A): inserted, on , by section 16(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(1B): inserted, on , by section 16(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(1C): inserted, on , by section 16(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(1D): inserted, on , by section 16(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 85(3): amended, on , by section 16(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                    • Section 85(4): added, on , by section 16(5) of the Civil Aviation Amendment Act 2007 (2007 No 89).