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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of entry and inspection

287: Power to take samples and other objects and things

You could also call this:

"Inspectors can take things from aviation places to check rules are being followed"

Illustration for Civil Aviation Act 2023

If you are an aviation participant, an inspector can take samples or remove things from your aviation place. The inspector can do this to check what you are doing, see what things are made of, or make sure you are following the rules. The inspector can also take things to gather evidence if you are not following the rules, as stated in section 284 or section 285.

When an inspector takes a sample or removes something, they must tell you what they took, why they took it, and where they will keep it. The inspector must also tell you if they plan to return the thing or destroy it.

The inspector can destroy something if it is perishable, like food, and has gone bad, or if it might make people sick. The inspector must follow the rules in the Search and Surveillance Act 2012, including sections 154, 155, and 159.

If something is forfeited to the Crown, the inspector can decide what to do with it. The inspector can destroy it or get rid of it in some other way. You can find more information about this in the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347800.

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286: Notice of entry, or

"Leaving a note when inspecting a place with no one in charge"

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288: Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation, or

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Part 9Monitoring, investigation, and enforcement
Powers of entry and inspection

287Power to take samples and other objects and things

  1. An inspector who enters an aviation place or a former aviation place under section 284 or 285 may take or remove a sample of any material, substance, or thing (including, without limitation, an aircraft or aeronautical product) for analysis, or seize and retain any material, substance, or thing, for the purpose of—

  2. monitoring activities being carried out in the aviation place; or
    1. determining the nature of any material or substance in the aviation place; or
      1. determining whether relevant civil aviation legislation has been, is being, or is likely to be complied with; or
        1. gathering evidence to support the taking of enforcement action under this Act.

          1. This section does not allow an inspector to take a sample from a person's body unless the inspector has the person's informed consent to the taking of the sample.

          2. If an inspector removes or retains any sample, material, substance, or thing under subsection (1), the inspector must,—

          3. at the time the inspector removes or retains the sample, material, substance, or thing or as soon as practicable after doing so, give the aviation participant written notice of—
            1. what has been (or is being) removed or retained; and
              1. why it has been (or is being) removed or retained; and
                1. where it will be kept in the meantime; and
                2. subject to subsections (4) and (5), within 5 working days of removing or retaining any sample, material, substance, or thing, give the aviation participant written notice of whether the inspector intends to return it or destroy it.

                  1. If it is practicable to do so, the inspector must return the sample, material, substance, or thing to its owner—

                  2. when it is no longer required for any purpose under relevant civil aviation legislation (or any other legislation); or
                    1. if a court earlier orders its return.

                      1. The inspector may destroy any removed or retained sample, material, substance, or thing if—

                      2. it is perishable and has become rotten or has otherwise deteriorated; or
                        1. it is perishable and is likely to become rotten or perish before it can be dealt with under subsection (4); or
                          1. it is likely to pose a risk to public health.

                            1. In addition, sections 154, 155, and 159 of the Search and Surveillance Act 2012 apply in relation to any sample, material, substance, or thing removed or retained.

                            2. The provisions of the Search and Surveillance Act 2012 referred to in subsection (6) apply as if—

                            3. the reference in section 159(1) of that Act to a person described in section 156(2) were to—
                              1. any person from whom the sample, material, substance, or thing was seized:
                                1. the aviation participant:
                                  1. any other person who, in the opinion of the inspector, may be affected by the forfeiture of the sample, material, substance, or thing; and
                                  2. references to a thing were to any sample, material, substance, or thing; and
                                    1. references to seized or produced were to removed or retained; and
                                      1. references to the person in whose custody the thing is were to the inspector; and
                                        1. all other necessary modifications were made.

                                          1. Any sample, material, substance, or thing forfeited to the Crown may be destroyed or otherwise disposed of as the inspector directs.

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