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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Seizure, etc, of aircraft without person on board

316: Power to seize, detain, or destroy aircraft without person on board

You could also call this:

"Police can seize or destroy unmanned aircraft if they think it's being used for crime or to hurt people."

Illustration for Civil Aviation Act 2023

If you are a police officer or a response officer, you can take action against an aircraft with no one on board if you think it is being used to commit a crime or might hurt people or damage property. You can search for the aircraft, stop it from taking off, seize it, or even destroy it. You must only take action that is necessary to stop the crime or prevent harm.

When you are taking action, you must follow any directions or rules given by the Director, as stated in section 332(4).

You can enter a place or vehicle to search for the aircraft and seize anything used to control it.

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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=LMS348855.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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315: Obligations of Director if action taken under section 313 or 314, or

"What the Director must do if they detain or seize something for safety reasons"

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Part 9Monitoring, investigation, and enforcement
Seizure, etc, of aircraft without person on board

316Power to seize, detain, or destroy aircraft without person on board

  1. This section applies if a constable or a response officer has reasonable grounds to believe that—

  2. an aircraft that is designed to be operated without a pilot on board is being, or is about to be,—
    1. operated in the commission of an offence under civil aviation legislation; or
      1. used in the commission of an imprisonable offence under any other Act; or
        1. operated in a manner that may endanger people or property; and
        2. it is necessary to take action to prevent the offending from being committed or continuing, or to avert the danger; and
          1. the aircraft has no person on board.

            1. The constable or response officer may do all or any of the following:

            2. enter a place, vehicle, or other thing and search for the aircraft:
              1. prevent the aircraft from taking off:
                1. seize the aircraft and anything being used, or that may be used, to control the aircraft:
                  1. detain the aircraft and anything being used, or that may be used, to control the aircraft:
                    1. destroy the aircraft.

                      1. A constable or response officer may act under subsection (2) only to the extent necessary to prevent the offending from being committed or continuing, or to avert the danger.

                      2. When exercising a power under this section, a constable must have regard to any directions or limitations that the Director has given under section 332(4) that would apply to a response officer exercising the power.