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Civil Aviation Act 2023

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

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

You could also call this:

"The Director can search a place if they think someone broke aviation rules, with permission or a warrant."

Illustration for Civil Aviation Act 2023

The Director can let someone search a place, vehicle, or thing if they think someone has broken civil aviation rules. You might wonder who the Director is, but for now, let's focus on what they can do. The Director needs to have good reasons to think someone has broken the rules and that the search will find evidence.

If the person in charge of the place, vehicle, or thing says it's okay, the search can happen. The search can also happen if the person gets a special paper called a warrant. To get a warrant, they need to follow the rules in the Search and Surveillance Act 2012.

The person who does the search is usually someone like an inspector, a police officer, or an employee of the Civil Aviation Authority. But it can also be someone else who the Director thinks is qualified and trained to do the search. A police officer can apply for a warrant without the Director's permission.

When the search happens, some rules from the Search and Surveillance Act 2012 apply, like the rules in Subpart 2 of Part 3 and Part 4. But some of those rules only apply to police officers, like the rules in sections 118 and 119.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347802.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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287: Power to take samples and other objects and things, or

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

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289: Continuation of powers of entry and inspection without search warrants, or

"Inspectors can keep checking without a special search paper if they find rule-breaking evidence while already investigating."

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

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

  1. The Director may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant civil aviation legislation if the Director is satisfied that there are reasonable grounds—

  2. to suspect that the person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and
    1. to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.

      1. A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—

      2. the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
        1. the specified person obtains a warrant under subsection (3).

          1. An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act 2012 by a specified person authorised under subsection (1), if the issuing officer is satisfied that there are reasonable grounds—

          2. to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant civil aviation legislation; and
            1. to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.

              1. In this section, specified person means—

              2. an inspector; or
                1. a constable; or
                  1. an employee of the CAA; or
                    1. any other person who the Director is satisfied is suitably qualified and trained, or belongs to a class of persons who are suitably qualified and trained, to act under this section.

                      1. Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from the Director under subsection (1).

                      2. Subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act 2012 apply, with any necessary modifications, to any search under this section.

                      3. Despite subsection (6), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

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