392Liability for offence on foreign aircraft outside New Zealand

1. An infringement notice may be issued under section 373, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if—

2. the pilot-in-command—
   1. makes (in the form and manner required by the Director) a request to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and
   2. provides an undertaking in the form and manner required by the Director that the pilot-in-command (or the operator of the aircraft) has not made and will not make a similar request to the authorities of any other State; and
3. in the case of proceedings, the Attorney-General consents.

4. A person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether to consent to proceedings.

5. Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside New Zealand may be commenced without the Attorney-General’s consent if—

6. particulars of the infringement notice are provided under section 406(2); or
7. the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.

8. In any proceedings for an offence under this subpart, the pilot-in-command’s request and undertaking, if made in the prescribed form or forms, are—

9. admissible in evidence; and
10. in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms.