53A Flight over foreign country without authority or for improper purpose

(1)

This section applies to—

(a)

any aircraft that is registered or required to be registered in New Zealand under this Act:

(b)

any other aircraft operated by a person who is normally resident in New Zealand or whose principal place of business is in New Zealand.

(2)

Every person commits an offence 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, public order or public health of, or the safety of air navigation in relation to, that country or territory.

(3)

In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, the foreign country or territory, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the aircraft was being so used.

(4)

Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, 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—

(a)

the flight is not duly authorised; or

(b)

there are reasonable grounds for the appropriate aeronautical authority to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory,—

unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction.

(5)

In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given.

(6)

The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority.

(7)

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.

(8)

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

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Section 53A: inserted, on 13 August 1996, by section 21 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 53A(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).