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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

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

You could also call this:

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

Illustration for Civil Aviation Act 2023

If you are going into a landside security area or a security enhanced area, an aviation security officer might search you. They do this under rules from the Civil Aviation Act 2023 section 141 or the Aviation Crimes Act 1972 section 12. The officer is looking for items or substances that should not be there.

If the officer finds something suspicious, they can take it away to check if it is allowed. The officer will try to find out if you have a good reason to have the item or substance with you.

If the officer decides you should not have the item or substance, they can keep it until it is given to a constable or destroyed. They can also stop you from entering the area or tell you to leave with or without the item or substance.

If the officer decides the item or substance is allowed, they will try to give it back to you. But if they think it is a big risk to safety and security, they can destroy it. The officer must write down what happened and who the item or substance was taken from.

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 It might be out of date or be missing some parts.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=LMS49693.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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149: Item or substance suspected entering into, or in, sterile area, or

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

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151: Items or substances suspected that may be imminent risk, or

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

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

  1. This section applies if—

  2. 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 landside security area or a security enhanced 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 landside security area or security enhanced 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 landside security area or a security enhanced area.

      2. If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the landside security area or security enhanced area, the aviation security officer must—

      3. detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of; or
        1. deny entry into the landside security area or security enhanced area to any person in possession of the item or substance; or
          1. direct the person in possession of the item or substance to leave the landside security area or security enhanced area, with or without—
            1. the item or substance:
              1. any vehicle used to transport the item or substance.

              2. If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the landside security area or security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.

              3. Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety and security, the aviation security officer may destroy or otherwise dispose of the item or substance.

              4. An aviation security officer must make a record of any item or substance seized under this section and the person from whom it was seized.

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