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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Seizure, etc, of aircraft without person on board

321: Immunities in relation to exercise of power under section 316

You could also call this:

"Protection from being sued if you use a special power in a reasonable and honest way"

Illustration for Civil Aviation Act 2023

If you are a constable or response officer, you are protected from being sued or charged with a crime if you do something in good faith to use a power under section 316. You must use the power in a reasonable way and believe you have a good reason to use it. You must also think the conditions for using the power have been met. If you help a constable or response officer use a power under section 316 in a reasonable way, you are also protected from being sued or charged with a crime. If someone says they have a protection under this law, they must prove it in court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS517861.

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Crime and justice > Police and safetyTransport and travel > Air travel
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320: Provisions relating to seizure or detention of aircraft under section 316, or

"Rules for police to seize or detain an aircraft to keep people safe"

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322: Director may grant exemptions from compliance with regulations and rules, or

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Part 9Monitoring, investigation, and enforcement
Seizure, etc, of aircraft without person on board

321Immunities in relation to exercise of power under section 316

  1. A constable or response officer is immune from civil and criminal liability for any act done in good faith in order to exercise a power under section 316 if—

  2. the power is exercised by that person in a reasonable manner; and
    1. the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.

      1. A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist a constable or response officer to exercise a power under section 316, or in order to examine or analyse any thing that is seized.

      2. In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.