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Civil Aviation Act 2023

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

154: Power of Director to require searching and seizing

You could also call this:

"The boss of air travel safety can order searches to keep people safe from security risks."

Illustration for Civil Aviation Act 2023

The Director can tell security staff to search and seize things if they think there is a security risk. You might wonder what this means, the Director is like a boss who makes sure everyone is safe when they are flying. The Director can give a notice to security staff to use their powers to find certain items or substances.

The Director can say where and when the security staff should use their powers, for example at a particular airport or on a particular type of flight. The Director can also say that security staff do not have to search a particular flight if they think it is not necessary. If the Director tells security staff to look for something that is not normally considered a security risk, they can say what makes it a risk, such as how much of it there is or how it is packaged.

If security staff find something suspicious, they have to follow certain rules, which are outlined in sections 149 to 151. The security staff have to make sure they do what the Director tells them to do. The Director's notice is a type of law, and it has to be published in a certain way, as explained 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=LMS49698.

Topics:
Transport and travel > Air travel
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Part 5Aviation security
Aviation security services and aviation security powers: Directions relating to searching and seizing

154Power of Director to require searching and seizing

  1. The Director may exercise the power in this section if the Director has reasonable grounds to believe that a security risk exists.

  2. The Director 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.

  3. The direction may—

  4. 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. provide that the Director may 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 but provide that the Director may further determine the matters described in paragraph (a)(i) to (iii) in respect of 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