65D Foreign aircraft outside New Zealand

(1)

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

(a)

the pilot-in-command—

(i)

makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and

(ii)

provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other State; and

(b)

in the case of proceedings, the Attorney-General consents.

(2)

To avoid doubt, 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 or not to consent to proceedings.

(3)

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

(a)

a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1); or

(b)

the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.

(4)

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

(a)

admissible in evidence; and

(b)

in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms.

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

Section 65D(3)(a): substituted, on 1 March 2007, by section 32(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).