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Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Powers of arrest

161: Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983

You could also call this:

"Aviation security officers can arrest people without a warrant for certain crimes at special airports or security areas."

Illustration for Civil Aviation Act 2023

If you are an aviation security officer, you can arrest someone without a warrant if you think they have committed a crime against the Aviation Crimes Act 1972 or the Arms Act 1983. You can do this if the person is at or near a special airport or navigation installation that has extra security. The crimes you are looking for are listed in sections 3, 4, 5, 5A, and 11 of the Aviation Crimes Act 1972 and section 45 of the Arms Act 1983, which is about carrying firearms, ammunition, or explosives illegally.

You can search the person you arrest to look for evidence of a crime. You can also take any items that you think might be evidence if you believe they pose a threat to you or others. You must act quickly to deal with the threat.

You can use reasonable force to arrest someone, search them, or take items from them. If you search someone, you must write a report about it within three working days and give it to the Director. You must include what you found and why you searched the person.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49710.

Topics:
Transport and travel > Air travelCrime and justice > Police and safety
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160: Relationship of this subpart to Aviation Crimes Act 1972, or

"How this law relates to the Aviation Crimes Act 1972, which you can find at [this link](https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM409116)."

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162: Arrest of persons delivered to Police, or

"Police can arrest you if they think you broke an aviation rule and a security officer hands you over"

Part 5Aviation security
Aviation security services and aviation security powers: Powers of arrest

161Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983

  1. Every aviation security officer is justified in arresting without warrant any person on or in the vicinity of any security designated aerodrome or security designated navigation installation if the officer has reasonable grounds to believe that an offence has been or is being committed by the person against any of the following legislation:

  2. sections 3, 4, 5, 5A, and 11 of the Aviation Crimes Act 1972:
    1. section 45 of the Arms Act 1983 (which relates to unlawful carriage of firearms, ammunition, or explosives).

      1. An aviation security officer may—

      2. search a person arrested under subsection (1):
        1. seize any item or substance that may be evidence of an offence against legislation specified in subsection (1), if the officer has reasonable grounds to believe that—
          1. the person has an item or a substance hidden or in clear view on or about the person’s body that is evidence of an offence against legislation specified in subsection (1); and
            1. the item or substance poses a threat to the safety of the officer or any other person; and
              1. immediate action is necessary to address the threat.

              2. An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—

              3. arrest a person under subsection (1):
                1. search a person under subsection (2):
                  1. seize an item or a substance under subsection (2).

                    1. To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972.

                    2. An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (2)(b).

                    3. Any person called upon to do so by an aviation security officer is justified in assisting the officer in good faith to arrest any person.

                    4. An aviation security officer must as soon as may be practicable deliver any person the officer arrests, and any item or substance the officer seizes, to a constable.

                    5. An aviation security officer may seize an item or a substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against legislation specified in subsection (1).

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