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Civil Aviation Act 2023
Monitoring, investigation, and enforcement
Seizure, etc, of aircraft without person on board
318: Provision relating to seizure or detention of aircraft in operation without a person on board

Part 1:
Preliminary provisions

Part 2:
Functions, powers, and duties of participants in civil aviation system

Aviation participants

General requirements relating to aviation participants

13General requirements for aviation participants

Provisions relating to pilots-in-command

14Duties of pilot-in-command 15Duties of pilot-in-command in emergencies arising in flight 16Duties of pilot-in-command and operator in emergencies not arising in flight 17Failure to notify emergency breach of civil aviation legislation 18Identification of pilot-in-command 19Failure to provide identifying information

Regulatory roles

CAA

20Civil Aviation Authority of New Zealand continued 21Board of CAA 22Objective of CAA 23Functions of CAA 24Duties of CAA in relation to search and rescue 25CAA to maintain separate accounts in respect of AvSec 26CAA to consider delegating or contracting out of functions and powers 27CAA must adopt and publish regulatory strategy 28Engagement charter 29Use of words Civil Aviation Authority or CAA 30Use of words Aviation Security Service or AvSec

Director of Civil Aviation

31Director of Civil Aviation 32Functions and powers of Director 33Acting Director of Civil Aviation

Regulatory functions, duties, and powers of Secretary

34Regulatory functions, duties, and powers of Secretary

Airways

35Airways may be sole provider of certain airways services

Registries and information services

36New Zealand Register of Aircraft 37Requirement to register aircraft 38Civil Aviation Records 39Information services

General offences and liability provisions

40Operating aircraft in careless manner 41Dangerous activity involving aircraft, aeronautical product, or aviation-related service 42Operating aircraft in controlled airspace or restricted area without authorisation 43Communicating false information affecting safety 44Nuisance and trespass 45Responsibility for damage 46Circumstances in which owner entitled to be indemnified for responsibility for damage 47Responsibility for damage by descent by parachute 48Claim against Crown in respect of damage, loss, or injury due to service aircraft

Duty to notify accidents and incidents

49Duty to notify accidents and incidents to CAA 50Duty of CAA to notify accidents and incidents to TAIC 51Failure to notify accident or incident

Part 3:
Rules

Rules made by Minister or Governor-General

Power of Minister to make rules

52Power of Minister to make rules 53Rules relating to designation, classification, and certification 54Rules relating to standards, specifications, restrictions, and licensing requirements 55Rules relating to aviation documents 56Rules relating to safety and security 57Rules relating to airspace 58Rules for noise abatement purposes 59Rules relating to national security 60Rules relating to other matters 61Procedure for making rules 62Requirements relating to content of rules made by Minister

Power of Governor-General to make rules

63Governor-General may make rules

Provisions concerning rules made by Minister or Governor-General

64Provisions concerning rules made by Minister or Governor-General 65Rule prevails over bylaw if bylaw inconsistent or repugnant 66Offences for breaches of rules

Emergency rules made by Director

Power of Director to make emergency rules

67Power of Director to make emergency rules

Provisions concerning emergency rules made by Director

68Procedures relating to rules made by Director 69Procedure for making emergency rules 70Duration of emergency rule 71Emergency rule prevails if inconsistent with rule made under subpart 1

General provisions

72Criteria that Minister and Director must have regard to before making rules or emergency rules

Part 4:
Aviation documents, medical certification, and drug and alcohol testing

Requirements for aviation documents

73Application for aviation document 74Application requiring national security assessment 75Grant or renewal of aviation document 76Director may take into account foreign qualifications and certifications 77Condition of aviation document that holder, etc, continues to satisfy fit and proper person test 78Duration and conditions of aviation document 79Right of appeal 80Fit and proper person test 81Disclosure of prejudicial information 82Rights of persons affected by proposed adverse decisions 83Determination by Director as to whether to make adverse decision 84Powers of Director in relation to examinations, etc

Australia New Zealand Aviation mutual recognition

85Additional purpose of subpart

Australian Air Operator’s Certificates with Australia New Zealand Aviation privileges

86Holder of Australian Air Operator’s Certificate with ANZA privileges entitled to conduct air operations in New Zealand 87New Zealand temporary stop notice 88Contents of New Zealand temporary stop notice 89Director to notify CASA about New Zealand temporary stop notice

New Zealand Air Operator’s Certificates with Australia New Zealand Aviation privileges

90Requirements for New Zealand AOCs with ANZA privileges 91Grant of New Zealand AOC with ANZA privileges 92Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges 93Change of country of certification 94Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA 95Failure to cease conducting air operations in New Zealand

Powers of Director in relation to aviation documents

96Director may suspend, or impose conditions on, aviation document 97Further provisions in relation to suspension of, or imposition of conditions on, aviation document 98Director may revoke, or impose permanent conditions on, aviation document 99Considerations relevant to decision about taking action under section 96, 97, or 98 100Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98 101Further powers of Director to amend or revoke aviation document

Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid

102Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid

Offences relating to aviation documents

103Endangerment caused by holder of aviation document 104Acting without necessary aviation document 105Court may disqualify person from holding aviation document or impose conditions on aviation document 106Applying for aviation document while disqualified 107Failing to disclose information relevant to granting or holding of aviation document 108Failure to provide information to Director relating to Australian AOCs with ANZA privileges

Medical certification

Provisions relating to medical certification

109Medical certification

Offences relating to medical certification

110Acting without required medical certificate 111Fraudulent, misleading, or false statements to obtain medical certificate 112Failure to disclose medical information

Drug and alcohol management plans and testing

113Interpretation 114DAMP operator must develop DAMP 115Random testing by DAMP operator 116Director testing 117What happens if worker refuses consent or test result is not negative 118Tampering 119Test results only to be used in certain prosecutions

Part 5:
Aviation security

Designations and security checks

120Security designated aerodromes and navigation installations

Airside security areas

121Airside security areas 122Entry into airside security area 123Providing evidence of identity and authority 124Authorised security person may seize evidence of identity

Landside security areas

125Landside security areas

Security checks of persons

126Director may carry out security checks 127Reconsideration of security check determination 128Review procedure for adverse security check determination 129Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017 130Consequences of final adverse security check determination 131Offence to carry out activity while authorisation withdrawn or after authorisation revoked 132Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation

Aviation security services and aviation security powers

133Interpretation

Provision of aviation security services

134Aviation security service providers 135Responsibility of Minister 136Requirements for provider of aviation security services 137Minister may specify only AvSec to provide security at aerodrome or installation 138Functions and duties of AvSec 139Requirements for AvSec to comply with prescribed requirements for provision of aviation security services 140Person who holds aviation document for aviation security service must designate aviation security officers

Searching powers at aerodromes and navigation installations

141Searching powers of aviation security officers 142Requirements and incidental powers relating to manner of searching persons 143Consent requirements for searching 144Circumstances where consent to searching not required 145Power to require drivers to stop vehicles in security enhanced areas for searching 146Powers of aviation security officer in relation to person who is not searched or refuses consent to searching 147Powers of constable in relation to person who is not searched or refuses consent to searching 148Consequences for passenger of refusal to consent to searching

Dealing with item or substance suspected when searching

149Item or substance suspected entering into, or in, sterile area 150Item or substance suspected entering into, or in, landside security area or security enhanced area 151Items or substances suspected that may be imminent risk

Directions relating to searching and seizing

152Power of Minister to require searching and seizing 153Further provisions in relation to direction by Minister 154Power of Director to require searching and seizing 155Further provisions in relation to direction by Director

Other rights and powers of aviation security officers

156Right of access for aviation security officers 157Use of aids and devices for searching 158Use of dogs 159Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier

Aviation Crimes Act 1972

160Relationship of this subpart to Aviation Crimes Act 1972

Powers of arrest

161Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983 162Arrest of persons delivered to Police

Powers of Police under this Act

163Powers of Police

Powers of members of Armed Forces when providing aviation security services

164Powers of members of Armed Forces when providing aviation security services

Protection of aviation security officers

165Protection of aviation security officers

Aviation security offences

166Refusal to give particulars or to leave airside security area or security enhanced area 167Being present in security area without being searched or when not authorised 168Offence to impersonate aviation security officer 169Offence to obstruct aviation security officer or authorised security person 170Threatening or assaulting aviation security officer or authorised security person 171Obstruction or interference with aviation security dog 172Killing or injuring aviation security dog 173Security check offences

Part 6:
International aviation

International air services licensing

174Interpretation in this Part

Licensing authority may determine that service is scheduled international air service

175Licensing authority may determine whether service is scheduled international air service

Licence-related provisions

176Licence for scheduled international air service 177Application for licence 178Licensing authority 179Notice of application for restricted scheduled international air service 180Consideration of application for scheduled international air service licence 181Grant of licence 182Duration of licence 183Renewal of licence 184Variation of terms and conditions of licence 185Holder of licence may operate non-scheduled international flights without authorisation under section 189

Requirements on licensees

186Proof of insurance against liability 187Returns to be made

Suspension and revocation of licences

188Suspension and revocation of licences

Class 1 non-scheduled commercial international flights

189Class 1 non-scheduled commercial international flights must be authorised by Secretary

Miscellaneous provisions

190Additional requirements of regulations and rules 191This subpart not in force in Tokelau

Offences

192Carrying on scheduled international air service without licence or contrary to licence 193Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence

International air carriage competition

194Interpretation in this subpart 195When person may apply for authorisation 196Actions following receipt of application for authorisation 197Further provisions relating to application for authorisation 198Powers of Minister to prohibit disclosure of information, documents, and evidence 199Minister may authorise international carriage by air 200Minister must notify proposed decision to grant or decline authorisation 201Minister must notify final decision to grant or decline authorisation 202Further powers of Minister in relation to authorisations 203Authorisation of tariffs by Minister in specified circumstances 204Application of Commerce Act 1986

Carbon offsetting and reduction scheme for international aviation (CORSIA)

205Interpretation 206Eligible New Zealand operator must provide contact details 207Emissions monitoring plan 208Emissions reports 209Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report 210Calculation of offsetting requirements for eligible New Zealand operator 211Emissions unit cancellation reports 212Verification of reports 213Secretary may request emissions information from New Zealand operator 214Application of sections 207 to 213 subject to regulations about new entrants 215Eligible New Zealand operator may request that information be treated as confidential 216Sharing of information between Secretary and ICAO 217Offences relating to CORSIA

Part 7:
Airports

Interpretation

218Interpretation in this Part 219Meaning of substantial customer

Airport operators

220Secretary must maintain register of airport operators and airports 221Applications for registration 222When aerodrome operator may or must be registered 223Area covered by registration may be varied 224Registration may cover 2 or more airports 225Secretary may suspend or cancel registration 226Airport to be operated commercially 227Airport to be Government work 228Acquisition or taking of land for airport 229Holding and disposal of land 230Airport operators may set charges 231Airport operators must consult concerning capital expenditure plans 232Airport operators must consult concerning spatial plans 233Airport operators may vary leases in certain circumstances 234Application of other Acts to airport subdivisions and laying out of access roads 235Airport bylaws 236Consultation 237Publication and proof of bylaws 238Minister may amend, replace, or disallow bylaws 239Enforcement of bylaws 240Joint venture aerodromes

Regulatory airport spatial undertakings

241Giving of regulatory airport spatial undertaking by airport operator 242Consultation and timing requirements 243Decision and notification 244When regulatory airport spatial undertaking is enforceable 245Review by airport operator of regulatory airport spatial undertaking 246Compliance with regulatory airport spatial undertaking 247Secretary may make direction orders 248Secretary must give notice of direction orders 249Secretary may apply to court if airport operator fails to comply with direction order 250Consequences of failing to comply with direction orders

Exemptions from requirements of subparts 2 and 3

251Exemptions from requirements of subparts 2 and 3

Sale of alcohol at international airports

252Sale of alcohol at international airports

Part 8:
International and domestic carriage of passengers and goods by air

Additional purpose of Part

253Additional purpose of Part

International carriage by air

254Interpretation in this subpart 255Application of Guadalajara Convention 256Conventions to have force of law 257Inconsistency between French and English texts 258Fatal accidents 259Contributory negligence 260Limitation of liability 261Value of special drawing right 262Time for bringing proceedings 263Further provisions in relation to time for bringing proceedings 264Actions against High Contracting Parties 265Actions against Parties to Montreal Convention 266Designation of Parties 267Article 40A of amended Convention 268Power to exclude aircraft in use for military purposes

Domestic carriage by air

269Interpretation in this subpart 270Application of this subpart 271Combined carriage 272Exclusions 273Provisions if carriage performed by actual carrier 274Liability of carrier in respect of delay 275Provisions if carriage performed by successive carriers 276Avoidance of liability 277Limitation of liability 278Contracting out 279Wilful or reckless misconduct 280Just and equitable orders and awards 281Application of limitation on liability 282Relationship between carriers 283Limitation of actions

Part 9:
Monitoring, investigation, and enforcement

Powers of entry and inspection

284Powers of entry and inspection 285Power to enter homes or marae 286Notice of entry 287Power to take samples and other objects and things 288Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation 289Continuation of powers of entry and inspection without search warrants 290Limitation relating to powers under sections 284 and 288 291Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring 292Power to require name, address, and date of birth 293Duty to assist inspectors 294Immunity of inspectors and persons assisting inspectors or Director 295Offence to fail to provide inspector with correct name, residential address, and date of birth 296Offence to impersonate inspector 297Failure to comply with inspection or monitoring requirement

Improvement notices and non-disturbance notices

Improvement notices

298Power to issue improvement notices 299Content of improvement notices 300Compliance with improvement notice 301Extension of time for compliance with improvement notices

Non-disturbance notices

302Power to issue non-disturbance notice 303Content of non-disturbance notice 304Compliance with non-disturbance notice 305Issue of subsequent non-disturbance notices

General provisions relating to improvement notices and non-disturbance notices

306General provisions relating to improvement notices and non-disturbance notices 307Changes to improvement notice or non-disturbance notice by inspector 308Director may vary or cancel improvement notice or non-disturbance notice 309Formal irregularities or defects in improvement notice or non-disturbance notice 310Issue of improvement notice or non-disturbance notice 311Display of notice at aviation place by person issued with improvement notice or non-disturbance notice 312Inspector may display improvement notice or non-disturbance notice

Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product

313Director or specified person may obtain search warrant to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products 314Director’s power to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products where prompt action necessary 315Obligations of Director if action taken under section 313 or 314

Seizure, etc, of aircraft without person on board

316Power to seize, detain, or destroy aircraft without person on board 317Power to enter homes or marae 318Provision relating to seizure or detention of aircraft in operation without a person on board 319Requirement to give reasons for action under section 316 320Provisions relating to seizure or detention of aircraft under section 316 321Immunities in relation to exercise of power under section 316

Exemptions from compliance with regulations and rules

322Director may grant exemptions from compliance with regulations and rules 323General provisions relating to exemptions

Enforceable undertakings

324Director may accept enforceable undertakings 325Notice of decision and reasons for decision 326When enforceable undertaking is enforceable 327Compliance with enforceable undertaking 328Contravention of enforceable undertaking 329Withdrawal or variation of enforceable undertaking 330Proceedings for alleged contravention

Inspectors and response officers

331Appointment of inspectors 332Appointment of response officers 333Identity cards 334Suspension and ending of appointment of inspectors 335Inspectors subject to Director's directions 336Director has powers of inspector and response officer

Powers of entry of Airways

337Meaning of equipment for purposes of section 338 338Powers of entry of Airways

Protections in relation to accident and incident notifications under subpart 5 of Part 2

Interpretation

339Interpretation in this subpart

Restriction on admissibility of accident and incident notifications

340Restriction on admissibility of accident and incident notifications

Limitations on Director’s powers to take law enforcement action

341When Director may take law enforcement action

Protection of flight data recording from use in criminal proceedings against flight crew

342Interpretation 343Admissibility of flight data recording against flight crew in criminal proceedings 344This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990

Disqualification

345Effect of disqualification by court 346Commencement of period of disqualification 347Retention and custody of document 348Removal of disqualification 349Particulars of disqualification orders, etc, to be sent to Director 350Appeals against disqualification by court

Injunctions

351Court may grant injunctions 352When court may grant restraining injunctions 353When court may grant performance injunctions 354Undertaking as to damages not required by Director or Secretary

Powers of Minister to intervene on grounds of national security

355Powers of Minister to intervene on grounds of national security 356Giving of notice and related matters 357Review procedure in relation to notice under section 355 358Effect of disqualification by Minister 359Commencement of period of disqualification by Minister 360Retention and custody of document following disqualification by Minister 361Offences relating to breach of notice given by Minister on national security grounds

General offences

362Communicating false or misleading information 363Obstruction of inspector or other person authorised by Director or Secretary 364Trespass 365Failure to maintain accurate records 366Breach of emergency rule, prohibition, or condition 367Flight over foreign country without authority or for improper purpose

Additional penalty for offences involving commercial gain

368Additional penalty for offences involving commercial gain

Infringement offences

369Interpretation 370Application of this subpart to offences for breach of airport bylaws 371Infringement offences 372Who may issue infringement notices 373When infringement notice may be issued 374Revocation of infringement notice before payment made 375What infringement notice must contain 376How infringement notice may be served 377Payment of infringement fees 378Reminder notices

Charging documents and burden of proof

379Limitation period for prosecutions brought by Director 380Extension of time if Director needs longer to decide whether to bring prosecution 381Burden of proof of exceptions, etc, for offences

Evidence and proof

382Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft 383Evidence and proof in offence-related proceedings: other matters 384Evidence and proof of rule in any proceedings

General provisions relating to proceedings

385State of mind of employees and agents attributed 386Conduct of employees and agents attributed

Unruly passenger offences

Preliminary provisions

387Interpretation in this subpart 388Application of this subpart 389Exercise of powers under this subpart 390Liability for offences against this subpart despite extraterritoriality 391Liability for offences under Summary Offences Act 1981 despite extraterritoriality 392Liability for offence on foreign aircraft outside New Zealand 393Proceedings for offences

Unruly passenger offences

394Passenger endangering safety 395Disruptive conduct towards crew member 396Interference with aircraft 397Intoxicated person on aircraft 398Non-compliance with commands given by pilot-in-command 399Offensive behaviour or words 400Portable electronic devices must not be operated 401Non-compliance with seating and safety belt instructions 402No smoking 403Dangerous goods

Requirement for passenger to provide information

404Requirements relating to information and verification 405Consequences for failure to comply with requirements 406Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence

Part 10:
Regulations and miscellaneous provisions

Regulations

Regulations generally

407Regulations 408Provisions relating to regulations generally

Regulations relating to carbon offsetting and reduction scheme for international aviation

409Regulations relating to carbon offsetting and reduction scheme for international aviation

Information disclosure

410Regulations relating to information disclosure by aviation participants 411Regulations requiring information disclosure by specified aviation participants 412Information to be supplied by aviation participants to Secretary 413Offences in relation to information disclosure

International carriage by air

414Regulations for international carriage by air

Fees and charges

415Regulations relating to fees and charges 416Rebate of fees or charges 417Payment of fees and charges

Levies

418Governor-General may impose levies 419Basis on which levies may be imposed 420Other provisions relating to levies 421Director may audit levy returns 422Offences in relation to levy orders

Recovery of fees, charges, and levies

423Recovery of fees, charges, and levies 424Recovery of fee, charge, or levy as debt due to Crown

Processing application or providing service may be declined if fee, charge, or levy unpaid

425Processing application or providing service may be declined if fee, charge, or levy unpaid

Control of sale of alcohol at international airports

426Regulations to control sale of alcohol at international airports

Regulations providing for transitional matters

427Regulations providing for transitional matters

Incorporation of material by reference in secondary legislation

428Incorporation by reference in secondary legislation

Airworthiness directives

429Airworthiness directives

Transport instruments

430Regulations or rules may provide for transport instruments 431Specified person may make transport instruments 432Procedures relating to transport instruments

Cape Town Convention and Aircraft Protocol

433Interpretation in this Part 434Cape Town Convention and Aircraft Protocol to have force of law 435Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances 436Governor-General may issue copies of declarations 437Certificates about Contracting States 438Irrevocable deregistration and export request authorisations 439Deregistration requests 440Removal requests 441Director must prescribe and publish forms for requests 442Director must not exercise certain powers

Review of Director’s decisions

443Interpretation 444Relationship between review and appeal under section 453

Provisions relating to reviews

445Decision under review 446Application for review 447Review procedure 448Final decision

General provisions

449Appointment of reviewer 450Office of reviewer 451Cancellation of appointment or resignation 452Reviewer’s protection from liability

Rights of appeal

453Appeal to District Court 454Consequences of appeal to District Court 455Further action of Director after appeal determined 456Appeal to High Court on question of law 457Further appeal to Court of Appeal

Other miscellaneous provisions

Delegations

458Delegation of certain functions of Minister to CAA 459Further provisions regarding delegation of Minister’s functions or powers to CAA 460Delegation of Director’s functions or powers to employees of CAA 461Further provisions regarding delegation of Director’s functions or powers to employees of CAA 462Delegation of Director’s functions or powers to persons outside CAA 463Further provisions regarding delegation of Director’s functions or powers to persons outside CAA 464Restrictions on delegations in relation to AvSec

Disclosure or publication of information by CAA

465Disclosure or publication of information

Information sharing by CAA

466Sharing of information between CAA, designated agencies, and overseas agencies

Consequential and other amendments, repeals, and revocations

Amendments to Airport Authorities Act 1966

467Principal Act 468New section 2AB inserted (Transitional, savings, and related provisions)469Section 3 amended (Airport authorities may establish and carry on airports)470Section 9 amended (Bylaws)471Section 10 amended (Repeals and savings)472New Schedule 1 inserted 473Schedule amended

Amendments to Aviation Crimes Act 1972

474Principal Act 475Section 2 amended (Interpretation)476Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)

Amendments to Maritime Transport Act 1994

477Principal Act 478New sections 199 and 199A inserted 479Section 431 amended (Functions of Authority)

Amendment to Transport Accident Investigation Commission Act 1990

480Principal Act 481Section 14A amended (Interpretation)

Amendments to Public Works Act 1981

482Principal Act 483Section 2 amended (Interpretation)

Amendment to Legislation (Publication) Regulations 2021

484Principal regulations 485Schedule 3 amended

Consequential amendments

486Consequential amendments

Repeals

487Repeal of Civil Aviation Act 1990 488Repeal of Airport Authorities Act 1966

Revocations

489Revocations

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
Medical certificates

Schedule 3:
Joint venture aerodromes

Schedule 4:
The Warsaw Convention as amended by the Hague Protocol of 1955 and the Montreal Additional Protocols Nos 1 and 2 and Protocol No 4 of 1975

Schedule 5:
The Guadalajara Convention

Schedule 6:
The Montreal Convention

Schedule 7:
Convention on International Interests in Mobile Equipment

Schedule 8:
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

Schedule 9:
Consequential amendments

Schedule 10:
New Schedule 1 inserted into Airport Authorities Act 1966

Civil Aviation Act 2023

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

318: Provision relating to seizure or detention of aircraft in operation without a person on board

You could also call this:

"Stopping drones or planes flying without a pilot on board"

Illustration for Civil Aviation Act 2023

If you are in charge of seizing or detaining an aircraft that is flying without a person on board, you have the power to use reasonable means to bring it under your control. This power comes from section 316. You can use electronic, mechanical, or physical means to control the aircraft.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS349034.

Topics:

Transport and travel > Air travel

317: Power to enter homes or marae, or

"Police need permission or a special warrant to enter your home or marae"

319: Requirement to give reasons for action under section 316, or

"Getting an explanation when your aircraft is detained, seized, or destroyed"

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

318Provision relating to seizure or detention of aircraft in operation without a person on board

The power under section 316 to seize or detain an aircraft in operation includes the power to use reasonable means (including electronic, mechanical, or physical) to bring the aircraft under control of the person seizing or detaining it.