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Civil Aviation Act 2023

Functions, powers, and duties of participants in civil aviation system - General offences and liability provisions

42: Operating aircraft in controlled airspace or restricted area without authorisation

You could also call this:

"Don't fly an aircraft in restricted areas without permission"

Illustration for Civil Aviation Act 2023

If you operate an aircraft in controlled airspace or a restricted area without a good reason, you can get in trouble. You must not do this on purpose and you must know if you have the right permission to be in that airspace or area. If you do not have the right permission and you are reckless about it, you are breaking the law.

If you break this law, you can be punished when you are found guilty. As an individual, you can go to prison for up to three months, or you can be fined up to $10,000, or you can get both punishments. If you are not an individual, you can be fined up to $100,000.

A restricted area is an airspace with specific boundaries that is set aside as a restricted area or prohibited airspace under the rules, and you need to be aware of this when operating an aircraft.

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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=LMS349134.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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Part 2Functions, powers, and duties of participants in civil aviation system
General offences and liability provisions

42Operating aircraft in controlled airspace or restricted area without authorisation

  1. A person commits an offence if the person, without reasonable excuse,—

  2. intentionally operates an aircraft in controlled airspace or a restricted area; and
    1. knows that the person does not hold, or is reckless as to whether the person holds, the appropriate authorisation to operate the aircraft in that airspace or area.

      1. A person who commits an offence against subsection (1) is liable on conviction,—

      2. in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or both:
        1. in the case of any other person, to a fine not exceeding $100,000.

          1. In this section, restricted area means an airspace of defined dimensions that is designated as a restricted area or as prohibited airspace under the rules.