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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Unruly passenger offences - Preliminary provisions

391: Liability for offences under Summary Offences Act 1981 despite extraterritoriality

You could also call this:

"Breaking the law on a plane outside New Zealand can still get you in trouble"

Illustration for Civil Aviation Act 2023

If you do something wrong on a plane that is not in New Zealand, you can still get in trouble under the Summary Offences Act 1981. This happens if what you did would be against the law in New Zealand, such as being disorderly, fighting, assaulting someone, damaging things on purpose, or exposing yourself indecently. You can check the specific rules you might break in sections like section 3 for disorderly behaviour, section 7 for fighting, section 9 for common assault, section 11 for wilful damage, or section 27 for indecent exposure. When these rules talk about a public place, they also mean a plane that is flying outside New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS49778.

Topics:
Crime and justice > Criminal lawTransport and travel > Air travel
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390: Liability for offences against this subpart despite extraterritoriality, or

"Breaking the law on a plane outside New Zealand can still get you in trouble."

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392: Liability for offence on foreign aircraft outside New Zealand, or

"Breaking the law on a foreign plane outside New Zealand can still get you in trouble"

Part 9Monitoring, investigation, and enforcement
Unruly passenger offences: Preliminary provisions

391Liability for offences under Summary Offences Act 1981 despite extraterritoriality

  1. A person is liable under the Summary Offences Act 1981 if—

  2. the person commits an act or omission on an aircraft in flight outside New Zealand; and
    1. that act or omission, if it occurred in New Zealand, would be an offence against 1 or more of the following provisions of that Act:
      1. section 3 (disorderly behaviour):
        1. section 7 (fighting in public place):
          1. section 9 (common assault):
            1. section 11 (wilful damage):
              1. section 27 (indecent exposure).

              2. For the purposes of the provisions specified in subsection (1)(b), a reference to a public place in any of those provisions includes an aircraft in flight outside New Zealand.

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