Civil Aviation Act 2023

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

284: Powers of entry and inspection

You could also call this:

"Inspectors can enter and check aviation places, like airports, to make sure everything is safe and follows the rules."

To perform their jobs, inspectors can enter any aviation place at a reasonable time. You can think of an aviation place as an airport or a hangar where planes are kept. Inspectors can do things like conduct tests and inspections, and take photos. They can also bring equipment and other people to help them.

Inspectors can ask the person in charge of the aviation place to make sure nothing is disturbed while they are doing their job. They can also ask for information about the place, the activities that happen there, and the people who work there. This information can be in the form of documents or other records.

Inspectors have to follow some rules when they enter an aviation place. If they need to go through another building or land to get to the aviation place, they have to try to get the owner's permission first. There are some exceptions to these rules, such as when an Australian company is involved, and the inspectors can only enter the place if the Australian authorities ask them to. You can read more about this in section 285 and section 60 of the Evidence Act 2006.

In this context, information includes any kind of document. Inspectors can ask for this information and make copies of it if they need to. They can also ask people to make statements about what they know.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49606.


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

284Powers of entry and inspection

  1. Subject to section 285, for the purpose of performing any function of the Director, the CAA, or an inspector under this Act, or for the purposes of the ANZA mutual recognition agreements, any inspector may, at any reasonable time, enter any aviation place and—

  2. conduct examinations, tests, inquiries, and inspections:
    1. be accompanied and assisted by any other person, and bring into the aviation place any equipment necessary, to carry out the inspector’s functions:
      1. take photographs and measurements and make sketches and recordings:
        1. require the aviation participant or a person who is or appears to be in charge of the aviation place to ensure that the aviation place or any place or thing in the aviation place specified by the inspector is not disturbed for a reasonable period pending examination, testing, inquiry, or inspection:
          1. require the aviation participant or a person who is or appears to be in charge of the aviation place to—
            1. produce information relating to the aviation place, the activities carried out there, or the people who carry out those activities; and
              1. produce information relating to the aviation participant’s compliance with relevant civil aviation legislation; and
                1. permit the inspector to examine and make copies of, or take extracts from, the information:
                2. require the aviation participant or a person who is or appears to be in charge of the aviation place to make or provide statements, in any form and manner that the inspector specifies.
                  1. An inspector may do any of the things referred to in subsection (1), whether or not—

                  2. the inspector or the person the inspector is dealing with is in the aviation place; or
                    1. the place is still an aviation place; or
                      1. the aviation participant is still operating at the place; or
                        1. in respect of any information, the information is—
                          1. in the place; or
                            1. in the place where the inspector is; or
                              1. in another place.
                              2. In the case of a person holding an Australian AOC with ANZA privileges, the power conferred by subsection (1) may be exercised only at the request of CASA.

                              3. Nothing in this section affects the application of section 60 of the Evidence Act 2006.

                              4. For the purpose of this section, if the inspector considers that it is necessary to enter any other building or land in order to get to the aviation place, the inspector may do so after taking any steps that the inspector considers reasonable in the circumstances to obtain the consent of the occupier of the building or place.

                              5. In this section, information includes any document.

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