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Civil Aviation Act 2023

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

147: Powers of constable in relation to person who is not searched or refuses consent to searching

You could also call this:

"What happens if you refuse to be searched by a police officer at an airport"

Illustration for Civil Aviation Act 2023

If you are at an airport and you do not let a police officer search you, or you refuse to be searched, the police officer can still search you. This can happen if the police officer thinks you might have broken a law related to aviation, as stated in the Aviation Crimes Act 1972. The police officer must have a good reason to think this.

Just because you say no to a search does not mean the police officer can automatically think you have done something wrong. The police officer can search you and anything you have with you without needing a special paper called a warrant. They can also stop you for a short time to do the search.

When the police officer searches you, they can take anything they find that is listed in section 11(1) of the Aviation Crimes Act 1972. But they cannot look at the information on your phone or other electronic devices.

Before the police officer searches you, they must show you their identity and tell you why they are searching you. They must also write a report about the search and give it to their boss within three working days.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49690.

Topics:
Crime and justice > Police and safetyTransport and travel > Air travel
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Part 5Aviation security
Aviation security services and aviation security powers: Searching powers at aerodromes and navigation installations

147Powers of constable in relation to person who is not searched or refuses consent to searching

  1. This section applies if —

  2. a person is not searched, or refuses consent to searching, before entry into, or while being in, a landside security area, a sterile area, or a security enhanced area; and
    1. a constable has reasonable grounds to suspect that—
      1. an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person; and
        1. a search of the person, or any thing in the person’s possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person.

        2. The refusal of a person to consent to the searching of the person, or any thing in the person’s possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 has been, is being, or will be, committed.

        3. A constable may, without a warrant,—

        4. search the person, and any thing in the person’s possession; and
          1. detain the person for the purposes of the search; and
            1. take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972.

              1. In relation to an electronic device, the power in subsection (3) does not authorise a constable to access data in the device or to access data that is not in the device.

              2. A constable exercising the power of search under subsection (3) must, before the search is conducted, and on any subsequent request,—

              3. provide evidence of the constable’s identity to the person to be searched; and
                1. inform the person to be searched that the search is authorised under this section; and
                  1. if not in uniform, provide evidence, if asked, of the constable’s identity to the person to be searched.

                    1. If a constable exercises the power of search under subsection (3), the constable must, within 3 working days after the day on which the constable exercises the power, give to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

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