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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Directions relating to searching and seizing

152: Power of Minister to require searching and seizing

You could also call this:

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

Illustration for Civil Aviation Act 2023

The Minister can tell an authorised aviation security service provider to search for certain items or substances if they think it is necessary to improve aviation security. You might be wondering what this means - it's about keeping people safe when they fly. The Minister can give a notice to the provider to use certain powers to detect these items or substances.

The Minister's direction can say how and where the search should happen, such as at a particular airport or on a specific type of flight. The direction can also say that the search does not need to happen in certain circumstances. If the item or substance is not clearly defined, the direction can give more details about it, such as how much of it is allowed or how it should be packaged.

If an item or substance is suspected, the rules in sections 149 to 151 will apply. The authorised aviation security service provider must make sure the Minister's direction is followed. A notice made under this section is secondary legislation, which means it has to be published in a certain way - you can learn more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49696.

Topics:
Transport and travel > Air travel
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151: Items or substances suspected that may be imminent risk, or

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

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153: Further provisions in relation to direction by Minister, or

"Rules for when the Minister gives directions to the aviation industry"

Part 5Aviation security
Aviation security services and aviation security powers: Directions relating to searching and seizing

152Power of Minister to require searching and seizing

  1. The Minister may exercise the power in this section if the Minister considers that it is—

  2. necessary to improve or enhance aviation security; or
    1. necessary to enable New Zealand to be part of a concerted international response to a threat to aviation security; or
      1. otherwise necessary to support the main or additional purposes of this Act.

        1. The Minister may, by notice, direct an authorised aviation security service provider that all or any of the powers conferred on aviation security officers under this subpart be used by its aviation security officers to detect any item or substance specified in the direction.

        2. The direction may—

        3. direct that the powers be exercised in respect of any class of passenger service, aircraft, aerodrome, navigation installation, or thing, or on any other differential basis specified in the direction:
          1. direct that the powers be exercised at a particular place or particular places at an aerodrome or navigation installation (within any limits as to places in section 141):
            1. authorise the Director to direct that aviation security officers not carry out the direction in relation to a particular flight or in other particular circumstances if the Director considers that searching is not necessary in that case or in those circumstances.

              1. If the direction specifies an item or a substance that is not within the meaning of paragraph (a) or (b) of the definition of relevant item or substance in section 133, the direction may—

              2. specify the item or substance with reference to—
                1. the item or substance being present in, above, or below a particular quantity; or
                  1. the item or substance being in particular packaging; or
                    1. any other circumstance; or
                    2. specify the item or substance and authorise the Director to determine the matters described in paragraph (a)(i) to (iii) in relation to the item or substance.

                      1. Sections 149 to 151 apply if any item or substance specified in the direction is suspected.

                      2. An authorised aviation security service provider directed under this section must ensure that the direction is complied with.

                      3. A notice made under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                      Notes