Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product

315: Obligations of Director if action taken under section 313 or 314

You could also call this:

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

If the Director takes action under section 313 or 314, they can keep detaining or seizing something for as long as they think is necessary to keep people safe. The Director might need to keep something as evidence for a court case, so they can keep it for as long as they need it for that purpose. You can ask the Director why they detained or seized something under section 313 or 314.

If you ask, the Director must tell you in writing why they made that decision. Some rules from the Search and Surveillance Act 2012 apply when the Director detains or seizes something under section 313 or 314, but not all of the rules apply. You can appeal to the District Court under section 453 if you do not agree with the Director's decision.

The Director must tell people about any rules or conditions they impose under section 313 or 314, and they can use any method they think is suitable to tell them. The Director can choose how to notify people, depending on the situation. The Director has to notify people they think need to know about the rules or conditions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49608.


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314: Director’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, or

"The Director can stop or limit the use of aerodromes, aircraft, or products if they think it's dangerous."


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

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

Part 9Monitoring, investigation, and enforcement
Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product

315Obligations of Director if action taken under section 313 or 314

  1. Any detention or seizure under section 313 or 314 may be maintained for only as long as the Director considers necessary in the interest of safety and security.

  2. Despite subsection (1), if aircraft, aeronautical products, or parts of aircraft or aeronautical products are required for the purpose of evidence in any prosecution under this Act, the Director may retain those aircraft, products, or parts for as long as the Director considers necessary for that purpose.

  3. The owner, operator, or other person for the time being in charge of an aircraft detained or an aeronautical product seized under section 313 or 314 may request the Director to provide the reasons for the detention or seizure.

  4. If a request is made under subsection (3), the Director must provide the Director’s reasons to the requester in writing.

  5. Part 4 of the Search and Surveillance Act 2012, except subparts 2 and 3, applies in respect of any detention, or seizure under section 313 or 314.

  6. A person in respect of whom any decision is made under section 313 or 314 may appeal against the decision to the District Court under section 453.

  7. The Director must notify any prohibitions or conditions imposed under section 313 or 314, whether or not of a permanent nature, to any persons whom the Director considers it necessary to notify.

  8. The notification under subsection (7) may be made by any means of communication that the Director considers appropriate in the circumstances.

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