Plain language law

New Zealand law explained for everyone

Civil Aviation Act 2023

Monitoring, investigation, and enforcement - General offences

367: Flight over foreign country without authority or for improper purpose

You could also call this:

"Don't fly a New Zealand aircraft over another country without following their rules or for a bad purpose."

Illustration for Civil Aviation Act 2023

If you are flying an aircraft registered in New Zealand over another country, you must follow the rules. You can't use the aircraft for something that might harm the other country's security, public order, or public health. If you do, you could be committing an offence.

If you are in charge of the aircraft and you know it is being used for a bad purpose, you could be in trouble. The court will assume you knew what was happening unless you can prove you didn't.

You must also listen to the authorities in the country you are flying over. If they tell you to do something and you don't, you could be committing an offence. However, if following their instructions would put people's lives in danger, you don't have to do it. You can find more information about similar laws by looking at the 1990 No 98 s 53A legislation.

If you break these rules, you could go to prison for up to 12 months or get a fine of up to $60,000, or both. If you are not an individual, you could get a fine of up to $200,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49744.

Topics:
Transport and travel > Air travelCrime and justice > Criminal law
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"Breaking important aviation rules can get you in trouble with the law"

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Part 9Monitoring, investigation, and enforcement
General offences

367Flight over foreign country without authority or for improper purpose

  1. This section applies to—

  2. any aircraft that is registered or required to be registered in New Zealand under this Act:
    1. any other aircraft operated by a person who is normally resident in New Zealand or whose principal place of business is in New Zealand.

      1. A person who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over a foreign country or territory, knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, the public order or public health of, or the safety of air navigation in relation to, that country or territory commits an offence.

      2. In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for any purpose described in subsection (2), in the absence of evidence to the contrary it is presumed that the defendant knew that the aircraft was being used for that purpose.

      3. A person commits an offence if the person is the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, and knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory where—

      4. the flight is not duly authorised; or
        1. the appropriate aeronautical authority has reasonable grounds to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, the public order or public health of, or the safety of air navigation in relation to, that country or territory.

          1. Subsection (4)—

          2. does not apply if the lives of persons on board the aircraft or the safety of the aircraft would be endangered by compliance with the direction:
            1. is without prejudice to any other requirement to comply with directions given by an aeronautical authority.

              1. For the purposes of this section, appropriate aeronautical authority includes any person, whether a member of the military authorities or the civil authorities of the foreign country or territory, who is authorised under the law of the foreign country or territory to issue directions to aircraft flying over that country or territory.

              2. A person who commits an offence against subsection (2) or (4) is liable on conviction,—

              3. in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $60,000, or both:
                1. in the case of any other person, to a fine not exceeding $200,000.

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