Civil Aviation Amendment Act 2004

28 New Part 5A inserted
  • The principal Act is amended by inserting, after Part 5, the following Part:

    Part 5A
    Unruly passenger offences

    Preliminary provisions

    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 member of the police 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.

    65B Liability for offences against this Part despite extraterritoriality
    • Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand.

    65C Liability for offences under Summary Offences Act 1981 despite extraterritoriality
    • (1) Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), 9 (common assault), 11 (wilful damage), or 27 (indecent exposure) of the Summary Offences Act 1981, is liable under that Act as if the act or omission had occurred in New Zealand.

      (2) To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), or 27 (indecent exposure) of the Summary Offences Act 1981 is liable under that Act as if the reference to public place in any of those provisions includes an aircraft.

    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 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.

    65E Proceedings for offences
    • (1) Subject to section 65Q(2), the offences specified in this Part (except sections 65F and 65G(1)(d)) are triable summarily.

      (2) The offences specified in sections 65F and 65G(l)(d) are triable on indictment.

      (3) Despite anything to the contrary in the Summary Proceedings Act 1957, any information for an offence referred to in subsection (1) may be laid at any time within 12 months after the date of the offence.

      (4) Subject to section 65C, nothing in this Part affects the liability of any person under any other enactment.

    Unruly passenger offences

    65F Strict liability for acts endangering safety
    • (1) A person commits an offence who acts in a manner that endangers an aircraft or any person in an aircraft.

      (2) Every person who commits an offence against subsection (1) is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.

    65G Disruptive conduct towards crew member
    • (1) Every person commits an offence who, while in an aircraft,—

      • (a) uses any threatening, offensive, or insulting words towards a crew member; or

      • (b) behaves in a threatening, offensive, insulting, or disorderly manner towards a crew member; or

      • (c) behaves in a manner that interferes with the performance by a crew member of his or her duties; or

      • (d) intentionally interferes with the performance by a crew member of his or her duties.

      (2) Every person who commits an offence against subsection (1)(a) or (b) or (c) is liable to a fine not exceeding $5,000.

      (3) Every person who commits an offence against subsection (1)(d) is liable to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.

      (4) It is a defence in a prosecution under subsection (1)(a) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard by a crew member.

    65H Interference with aircraft
    • (1) Every person commits an offence who tampers or interferes with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors.

      (2) Every person who commits an offence against subsection (1) is liable to a fine not exceeding $10,000.

    65I Intoxicated persons on aircraft
    • (1) Every person (except a person under medical care) commits an offence who—

      • (a) is intoxicated and boards an aircraft; or

      • (b) becomes intoxicated on an aircraft.

      (2) Every person who commits an offence against—

      • (a) subsection (1)(a) is liable to a fine not exceeding $5,000:

      • (b) subsection (1)(b) is liable to a fine not exceeding $3,000.

      (3) For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of an intoxicating liquor, or substance to such an extent as to—

      • (a) be incapable of properly looking after himself or herself; or

      • (b) actively present a hazard to the aircraft or to persons on the aircraft; or

      • (c) offend against the good order and discipline required on an aircraft.

      (4) For the purposes of this section, person under medical care means a person who—

      • (a) is under the supervision of an attendant; and

      • (b) has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation.

    65J Non-compliance with commands given by pilot-in-command
    • (1) Every person commits an offence who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, in accordance with his or her duties under section 13 or the rules.

      (2) Despite section 28(6), every person who commits an offence against subsection (1) is liable to a fine not exceeding $5,000.

    65K Offensive behaviour or words
    • (1) Every person commits an offence who, on any aircraft,—

      • (a) behaves in a threatening, offensive, insulting, or disorderly manner; or

      • (b) uses threatening, offensive, or insulting words.

      (2) Every person who commits an offence against subsection (1) is liable to a fine not exceeding $2,500.

      (3) It is a defence in a prosecution under subsection (1)(b) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard.

    65L Portable electronic devices not to be operated
    • (1) Every person commits an offence who operates a portable electronic device on board an aircraft in breach of the rules.

      (2) Despite section 28(6), every person who commits an offence against subsection (1) is liable to a fine not exceeding $2,500.

    65M Non-compliance with seating and seatbelt instructions
    • (1) Every person commits an offence who fails to comply with an instruction given by a crew member, passenger information signs, or placards to—

      • (a) occupy a seat or berth; and

      • (b) fasten and keep fastened about the person any installed safety belt or safety harness.

      (2) Every person who commits an offence against subsection (1) is liable to a fine not exceeding $2,500.

    65N No smoking
    • (1) Every person commits an offence who smokes—

      • (a) when instructed not to smoke by a crew member, passenger information signs, or placards; or

      • (b) while on any aircraft that is carrying passengers for hire or reward on any internal flight; or

      • (c) in contravention of section 96A(6).

      (2) Every person who commits an offence against subsection (1) is liable to a fine not exceeding $2,500.

      (3) In subsection (1), to smoke has the meaning set out in section 96A(1).

    65O Dangerous goods
    • (1) Every person commits an offence who, in breach of the rules, carries or causes to be carried on an aircraft any dangerous goods.

      (2) Despite section 28(6), every person who commits an offence against subsection (1) is liable to a fine not exceeding $2,500.

    65P Procedure for certain unruly passenger offences
    • (1) If any offence specified in section 65Q(2) is alleged to have been committed by any person (in this section, the defendant), the pilot-in-command of the aircraft at the time of the alleged offence may, by any available means, notify, or cause to be notified,—

      • (a) the Director; or

      • (b) a person authorised by the Director.

      (2) If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2),—

      • (a) the defendant may be proceeded against for the alleged offence under the Summary Proceedings Act 1957; or

      • (b) the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.

      (3) If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2), he or she may require the person to give his or her full name, address, and date of birth.

      (4) If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.

      (5) If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a member of the police may arrest that person without warrant.

      (6) Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

      • (a) refuses or fails to comply with a request under subsection (3) or subsection (4); or

      • (b) gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.

      (7) Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.

      (8) The Director or a person authorised by the Director—

      • (a) may deliver an infringement notice (or a copy of it) to the defendant personally; or

      • (b) may send it (or a copy of it) to the defendant by post addressed to the defendant's last known place of residence or business.

    65Q Form of infringement notice
    • (1) An infringement notice under section 65P must be in the prescribed form, and must specify—

      • (a) enough details to inform the defendant fairly of the time, place, and nature of the offence alleged; and

      • (b) the amount of the infringement fee specified in respect of that offence in subsection (2); and

      • (c) where the fee may be paid; and

      • (d) the time within which the fee may be paid; and

      • (e) how and where payment may be made under section 65R; and

      • (f) a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957 apply to the offence alleged; and

      • (g) that the defendant has a right to request a hearing; and

      • (h) a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and

      • (i) any other particulars as are prescribed by regulations made under this Act.

      (2) The infringement fee is,—

      • (a) in the case of an offence against section 65I(1)(a), $1,000:

      • (b) in the case of an offence against section 65I(1)(b), $600:

      • (c) in the case of an offence against section 65L, $500:

      • (d) in the case of an offence against section 65M, $500:

      • (e) in the case of an offence against section 65N, $500:

      • (f) in the case of an offence against section 65O, $500.

    65R Payment of fees
    • (1) If an infringement notice under section 65P (or a copy of it) is served by delivering it to the defendant on arrival at an international airport for an offence on an international flight, the defendant may choose to pay immediately the infringement fee in the manner specified in the notice.

      (2) All infringement fees received in respect of an infringement notice under section 65P, whether immediately after service or later, must be paid into the Crown Bank Account.

    65S Filing of notices
    • (1) The Director or a person authorised by the Director may file in a District Court a copy of the infringement notice under section 65P after a period of 14 days from the date of service of the infringement notice, or a copy of the infringement notice, if—

      • (a) the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and

      • (b) the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.

      (2) The copy of the infringement notice filed under subsection (1) must have recorded on it the date and method of service on the defendant.

      (3) If an infringement notice under section 65P has been issued and served, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—

      • (a) the reference in section 21(1)(b) to filing a copy of a reminder notice under the section were a reference to filing a copy of the infringement notice under subsection (1) of this section; and

      • (b) subsection (1) of this section were in the place of section 21(3); and

      • (c) the reference in section 21(3A) to a copy of a reminder notice not having been filed under section 21(3) were a reference to a copy of the infringement notice not having been filed under subsection (1) of this section; and

      • (d) the reference in section 21(5) to a copy of a reminder notice filed under section 21(3) were a reference to a copy of the infringement notice filed under subsection (1) of this section; and

      • (e) the reference in section 21(6)(b) and (10)(a) to a period of 28 days after the service of a reminder notice were a reference to the period of 14 days after the service of the infringement notice; and

      • (f) the references to reminder notices in the definition of defendant in sections 2 and 78B, and in any other relevant provisions of that Act, were references to the infringement notice.

      (4) Despite section 203(1) of the Summary Proceedings Act 1957, an infringement notice under section 65P may be issued and served on a Sunday.

      (5) For the purpose of subsection (1), an infringement notice sent by post is deemed to have been served on the defendant when it was posted.

    65T Savings
    • (1) Nothing in this Part applies to any—

      • (a) proceedings commenced before the commencement of this Act; or

      • (b) cause of action that arose before the commencement of this Act; or

      • (c) act or omission that occurred before the commencement of this Act.

      (2) All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force.