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Civil Aviation Act 1990

Aviation security

86: Arrest of persons delivered to Police

You could also call this:

"Police can arrest you if an aviation security officer thinks you've done something wrong"

If an aviation security officer thinks you've done something wrong related to aviation security, they can take you to a police officer. The police officer must accept you if they have good reason to think you've broken certain laws.

When the police officer accepts you, they can arrest you right away.

The aviation security officer is allowed to hold you for a short time before taking you to the police. They can use reasonable force if they need to. Anyone who helps the security officer do this is also protected by the law, as long as they're acting in good faith.

The specific laws this applies to are listed in section 54 and section 85(1) of the Civil Aviation Act.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217808.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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85: Powers of arrest and seizure of items or substances, or

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

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87: Powers of Police, or

"Police can do what aviation security officers do to keep airports and planes safe"

Part 8Aviation security

86Arrest of persons delivered to Police

  1. A constable shall accept delivery of a person whom an aviation security officer seeks to deliver to him or her under this Part if he or she has reasonable grounds to suspect that person of having done or omitted to do anything if that act or omission is an offence against section 54 or any enactment specified in section 85(1).

  2. A constable who accepts delivery of a person under subsection (1) may forthwith arrest that person.

  3. An aviation security officer who detains any person in accordance with the provisions of section 84(6) and delivers him or her to a constable, and any person who at his or her request and in good faith assists an aviation security officer in doing so, is justified in so detaining and delivering that person and in using such force as may be reasonably necessary in doing so.

Compare
  • 1964 No 68 s 21G
  • 1976 No 153 s 4
Notes
  • Section 86(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 86(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 86(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).