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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Dealing with item or substance suspected when searching

149: Item or substance suspected entering into, or in, sterile area

You could also call this:

"What happens if airport security thinks you have something you're not allowed to carry"

Illustration for Civil Aviation Act 2023

If you are about to enter a sterile area, an aviation security officer might suspect you have something you should not have. The officer is checking you under rules from the Civil Aviation Act 2023 section 141 or the Aviation Crimes Act 1972 section 12. The officer thinks you might have something you are not allowed to carry on a plane or into a sterile area.

If the officer suspects this, they can take the item or substance away from you to check it. They want to see if it is something you are not allowed to have and if you have a good reason to carry it. The officer will then decide what to do with the item or substance.

If the officer decides you are allowed to have the item or substance, they will try to give it back to you if they can. If they cannot give it back to you, they will give it to the airline you are flying with. But if the officer decides you are not allowed to have the item or substance, they can keep it, give it to someone else, throw it away, or give it to a police officer.

In some cases, the officer can get rid of the item or substance right away if they think it is a big risk to safety and security. If the officer gives the item or substance to a police officer, they will write down what happened and the details of why they took it from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49692.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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148: Consequences for passenger of refusal to consent to searching, or

"What happens if you say no to an airport search"

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150: Item or substance suspected entering into, or in, landside security area or security enhanced area, or

"What happens if a security officer finds something suspicious on you in a secure airport area"

Part 5Aviation security
Aviation security services and aviation security powers: Dealing with item or substance suspected when searching

149Item or substance suspected entering into, or in, sterile area

  1. This section applies if—

  2. the presence of a relevant item or substance is suspected by an aviation security officer when searching a person or thing under section 141 of this Act or section 12 of the Aviation Crimes Act 1972 immediately before entry into, or in, a sterile area; and
    1. an aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.

      1. The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.

      2. If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—

      3. if practicable, return the item or substance to the person from whom it was seized; or
        1. if it is impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.

          1. If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—

          2. detain the item or substance until it is dealt with in accordance with paragraphs (b) to (d); or
            1. deliver the item or substance to the operator of an air service, the aerodrome, or a delivery service; or
              1. dispose of or destroy the item or substance; or
                1. deliver the item or substance to a constable.

                  1. Despite subsections (3) and (4), if the aviation security officer has reasonable grounds to believe that an item or a substance poses an imminent risk to safety and security, the aviation security officer may destroy or otherwise dispose of the item or substance.

                  2. If an aviation security officer delivers an item or a substance to a constable under subsection (4)(d), the aviation security officer must record the delivery and the relevant details of the seizure.

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