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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Searching powers at aerodromes and navigation installations

145: Power to require drivers to stop vehicles in security enhanced areas for searching

You could also call this:

"Aviation security officers can stop and search your vehicle in special security areas"

Illustration for Civil Aviation Act 2023

If you are driving a vehicle in a security enhanced area, an aviation security officer in uniform can ask you to stop. You must stop your vehicle as soon as it is safe to do so, so the officer can search it under section 141.

The officer will search your vehicle and anyone or anything in it. You must stay stopped until the officer has finished searching.

If you do not stop when asked, or if you do not stay stopped while the officer searches, you can be fined up to $2,500. You will have to prove that you had a good reason for not stopping or not staying stopped.

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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=LMS49685.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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144: Circumstances where consent to searching not required, or

"When airport staff can search you or your things without asking"

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146: Powers of aviation security officer in relation to person who is not searched or refuses consent to searching, or

"What happens if you don't get searched or won't let airport security check you"

Part 5Aviation security
Aviation security services and aviation security powers: Searching powers at aerodromes and navigation installations

145Power to require drivers to stop vehicles in security enhanced areas for searching

  1. An aviation security officer who is in uniform may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of searching the vehicle, and any thing or person in the vehicle, under section 141.

  2. The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to search the vehicle, and any thing or person in the vehicle.

  3. A person commits an offence and is liable on conviction to a fine not exceeding $2,500 if the person, without lawful authority or reasonable excuse, fails to—

  4. stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
    1. remain stopped for as long as is reasonably necessary for the aviation security officer to search the vehicle, and any thing or person in the vehicle.

      1. In proceedings for an offence against subsection (3),—

      2. the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and
        1. the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant.

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