Civil Aviation Amendment Act 2002

18 New sections 77A, 77B, and 77C inserted
  • The principal Act is amended by inserting, after section 77, the following sections:

    77A Powers and duties of Minister to require screening
    • (1) The Minister may, if necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, direct an aviation security provider, by notice in the Gazette,—

      • (a) to screen—

        • (i) any person boarding an aircraft; or

        • (ii) any thing to be carried by an aircraft; and

      • (b) if necessary, to undertake reasonable searches of—

        • (i) any person boarding an aircraft; or

        • (ii) any thing to be carried by an aircraft; or

        • (iii) any (as specified in the Gazette notice)—

          • (A) aircraft or class of aircraft; or

          • (B) aerodrome or class of aerodrome; or

          • (C) navigation installation or class of navigation installation.

      (2) Before directing an aviation security provider under subsection (1), the Minister must, to determine whether or not the direction is necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, consult—

      • (a) the Director; and

      • (b) as the Minister in each case considers appropriate, representative groups in the aviation industry, government departments, and Crown agencies.

      (3) A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette if the Minister—

      • (a) considers on reasonable grounds that urgent action is required; and

      • (b) has consulted the Director before that date; and

      • (c) has notified all affected parties (other than persons boarding an aircraft) before that date.

      (4) If a direction takes effect on a date before the notice is published in the Gazette,—

      • (a) the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and

      • (b) if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Minister, after complying with subsection (3)(b) and (c), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

      (5) If a direction takes effect on a date on or after the notice is published in the Gazette, the notice is a regulation for the purposes of the Regulations (Disallowance) Act 1989.

      (6) The Minister may rescind a direction made under subsection (1).

      (7) Subject to subsection (4), a direction remains in effect until it is rescinded.

      (8) Nothing in this section empowers the Minister to exercise the Director's powers under section 77B.

    77B Powers and duties of Director to require screening
    • (1) The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security provider, by notice in the Gazette,—

      • (a) to screen—

        • (i) any person boarding an aircraft; or

        • (ii) any thing to be carried by an aircraft; and

      • (b) if necessary, to undertake reasonable searches of—

        • (i) any person boarding an aircraft; or

        • (ii) any thing to be carried by an aircraft; or

        • (iii) any (as specified in the Gazette notice)—

          • (A) aircraft or class of aircraft; or

          • (B) aerodrome or class of aerodrome; or

          • (C) navigation installation or class of navigation installation.

      (2) Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate, representative groups in the aviation industry, government departments, and Crown agencies.

      (3) A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette, if the Director—

      • (a) considers on reasonable grounds that urgent action is required; and

      • (b) has notified all affected parties (other than persons boarding an aircraft) before that date.

      (4) If a direction takes effect on a date before the notice is published in the Gazette,—

      • (a) the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and

      • (b) if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Director, after complying with subsection (3)(b), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

      (5) If a direction takes effect on a date on or after the notice is published in the Gazette, the notice is a regulation for the purposes of the Regulations (Disallowance) Act 1989.

      (6) The Director may rescind a direction made under subsection (1).

      (7) Subject to subsection (4), a direction remains in effect until it is rescinded.

    77C Transitional provisions for screening
    • (1) A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002.

      (2) A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires.