Part 5A Unruly passenger offences

Part 5A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Preliminary provisions

Heading: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

65A Application of this Part

(1)

This Part applies to any unruly passenger offence committed—

(a)

on an aircraft in New Zealand, regardless of the nationality of the aircraft:

(b)

outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand.

(2)

For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation.

(3)

Despite subsection (2), in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft.

(4)

A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies—

(a)

the name of, and the office or offices held by, that person; and

(b)

the powers and functions that the person is authorised to exercise under this Part.

(5)

A constable may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part.

(6)

For the purposes of this Part, person authorised by the Director includes (but is not limited to) an aviation security officer authorised by the Director.

Section 65A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65A(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).