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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

151: Items or substances suspected that may be imminent risk

You could also call this:

"Things that might be a danger to flights that airport security finds on you"

Illustration for Civil Aviation Act 2023

If you are being searched by an aviation security officer at an airport, they might find something they think could be a risk to aviation safety. The officer is searching you under section 141 and this is happening at a place where section 149 or section 150 applies. They think this item might cause harm soon, so they have good reason to believe it is a risk.

The aviation security officer can take the item to check if it is really a risk to aviation safety. If they think it is a risk, they can give it to a police officer or get rid of it.

If the officer decides the item is not a risk, 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 someone who works at the airport, a delivery service, or a police officer. The officer must write down what they took and who they took it 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 It might be out of date or be missing some parts.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.

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=LMS49694.

Topics:
Transport and travel > Air travel
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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"

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152: Power of Minister to require searching and seizing, or

"The Minister can order searches to keep people safe while flying"

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

151Items or substances suspected that may be imminent risk

  1. This section applies if—

  2. an aviation security officer is searching a person or thing under section 141 at a place in the aerodrome or installation to which section 149 or 150 applies and suspects the presence of a relevant item or substance; and
    1. the aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, it may pose an imminent risk to aviation safety and security.

      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 it poses an imminent risk to aviation safety and security.

      2. If the aviation security officer determines that the item or substance poses an imminent risk to aviation safety and security, the aviation security officer may—

      3. deliver the item or substance to a constable; or
        1. destroy or otherwise dispose of the item or substance.

          1. If the aviation security officer determines that the item or substance does not pose an imminent risk to aviation safety and security, the aviation security officer must,—

          2. 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,—
              1. deliver the item or substance to the aerodrome operator; or
                1. deliver the item or substance to the operator of an air service or delivery service; or
                  1. deliver the item or substance to a constable.

                  2. 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.