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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Other rights and powers of aviation security officers

159: Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier

You could also call this:

"Aviation security officers can take and hold dangerous items from planes to keep you safe."

Illustration for Civil Aviation Act 2023

If you are on a plane in New Zealand, an aviation security officer has the power to take and hold something that might be dangerous. This can happen if someone from a government agency or the airline thinks an item or substance is dangerous and should not be on the plane. The item or substance must have been taken on board at a special airport in New Zealand or carried on a plane that landed at one of these airports.

If the aviation security officer thinks the item or substance is dangerous, they can keep it until they decide what to do with it. They can get rid of it, give it to the police, keep it for investigation, or return it to the person who owns it. The officer will try to return the item or substance to its owner if it is not dangerous and they can find them.

The aviation security officer is trying to keep you and others safe from things that could hurt you on a plane. They have the power to make decisions about what to do with items or substances that might be dangerous. You should know that the officer's main goal is to protect everyone on the plane.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49706.

Topics:
Transport and travel > Air travel
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Part 5Aviation security
Aviation security services and aviation security powers: Other rights and powers of aviation security officers

159Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier

  1. This section applies if—

  2. an item or a substance is identified by an employee of a government agency or carrier of an aircraft; and
    1. the item or substance was—
      1. taken on board an aircraft at a security designated aerodrome in New Zealand; or
        1. carried on an aircraft that has landed at a security designated aerodrome in New Zealand from any place within or outside New Zealand; and
        2. the person referred to in paragraph (a) has reason to believe that the item or substance is dangerous goods and may not lawfully be carried on an aircraft.

          1. The person referred to in subsection (1) may seize and detain the item or substance and may give it to, or draw it to the attention of, an aviation security officer.

          2. An aviation security officer may seize and detain the item or substance for the purpose of determining whether the item or substance is dangerous goods and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.

          3. If the aviation security officer determines that the item or substance is dangerous goods and may not lawfully be carried on an aircraft, the aviation security officer may—

          4. detain the item or substance until it is dealt with in accordance with paragraphs (b) to (e); or
            1. dispose of or destroy the item or substance; or
              1. deliver the item or substance to a constable; or
                1. retain the item or substance if required for investigative or evidential purposes; or
                  1. return the item or substance to the agency or carrier that identified it or, if practicable, to its owner or the person entitled to possession of it.

                    1. If the aviation security officer determines that the item or substance is not dangerous goods, the aviation security officer must,—

                    2. if practicable, return the item or substance to its owner or the person entitled to possession of it; or
                      1. if it is impracticable to return the item or substance to its owner or the person entitled to possession of it, deliver the item or substance to the agency or carrier that identified it.