Civil Aviation Act 2023

Aviation security - Aviation security services and aviation security powers - Searching powers at aerodromes and navigation installations

144: Circumstances where consent to searching not required

You could also call this:

"When airport staff can search you or your things without asking"

Illustration for Civil Aviation Act 2023

When you are at an aerodrome or navigation installation, someone might search you or your things. You might wonder when they can do this without asking you first. They can search an unattended thing, like a bag, without your consent.

If an aviation security officer thinks there is a big risk to aviation safety and security, they can search you or your things without asking. They must think the risk is happening now and needs to be fixed straight away. This means they can search things, but not people, without consent in an emergency.

This rule is important, even if other laws say something different, like the Aviation Crimes Act 1972, which you can read more about on the legislation website. It helps keep everyone safe when they are flying or at an aerodrome. You should know that this rule is part of the Civil Aviation Act 2023, which has more information about searching powers at aerodromes and navigation installations, found in section 141.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS98988.


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Part 5Aviation security
Aviation security services and aviation security powers: Searching powers at aerodromes and navigation installations

144Circumstances where consent to searching not required

  1. The power in section 141(1)(c)(iii) to search an unattended thing may be exercised without consent.

  2. The power in section 141 may be exercised without consent to search anything other than a person if an aviation security officer has reasonable grounds to suspect that—

  3. there is an imminent risk to aviation safety and security; and
    1. the risk requires an immediate response.
      1. This section applies despite anything in section 12(1) of the Aviation Crimes Act 1972 relating to a requirement for consent.