Aviation Crimes Amendment Act 2007

6 New section 12 substituted
  • Section 12 is repealed and the following section substituted:

    12 Search of passengers, baggage, and cargo
    • (1) Any member of the police, any aviation security officer, any Customs officer, or any employee or agent of the carrier authorised by the carrier for the purpose may, with the consent of the passenger, search a passenger and the passenger's baggage for the purpose of detecting any item or substance that could pose a threat to aviation safety and security (including, but not limited to, any item or substance specified in section 11(1)), before the passenger boards any aircraft in New Zealand pursuant to a contract providing for the carriage of the passenger by air from a place in New Zealand to any other place (whether in New Zealand or elsewhere).

      (2) If the passenger declines to allow himself or herself or his or her baggage to be searched, the carrier must refuse to carry—

      • (a) the passenger:

      • (b) his or her baggage.

      (3) A carrier is not liable to any civil proceeding, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or any part of the fare, by reason of the fact that the carrier has refused to carry—

      • (a) a passenger who has declined to allow himself or her self or his or her baggage to be searched:

      • (b) the baggage of a passenger who has declined to allow himself or herself or his or her baggage to be searched.

      (4) With respect to a search made under subsection (1),—

      • (a) by an employee or agent of the carrier authorised by the carrier for the purpose, the passenger must not be required to remove any article of clothing (other than a coat or similar article) for the purpose of being searched:

      • (b) by a member of the police, an aviation security officer, or a Customs officer, the passenger must, if directed to do so,—

        • (i) remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the passenger is wearing to enable the search to be carried out, except where the passenger has no other clothing, or only underclothing, under the outer clothing:

        • (ii) remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:

        • (iii) allow a member of the police, an aviation security officer, or a Customs officer to carry out a pat down search:

      • (c) by a member of the police, an aviation security officer, a Customs officer, or an employee or agent of the carrier authorised by the carrier for the purpose, a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.

      (5) Any aviation security officer, or any employee or agent of the carrier authorised by the carrier for the purpose, may examine any cargo before the cargo is loaded onto any aircraft in New Zealand pursuant to a contract providing for the carriage of the cargo by air from a place in New Zealand to any other place (whether in New Zealand or elsewhere).

      (6) Subject to subsection (7), with respect to a search made under subsection (1) or (5), a member of the police, an aviation security officer, or a Customs officer may use any aid or device that is reasonably necessary to facilitate the search, including (but not limited to) a dog, chemical substance, or x-ray or imaging equipment, or some other mechanical, electrical, or electronic device.

      (7) Despite subsection (6), with respect to a person searched under subsection (1), a member of the police, an aviation officer, a Customs officer, or an agent of the carrier authorised by the carrier for the purpose may not use an aid or device that produces an unclothed image of the person.

      (8) For the purposes of this section, pat down search

      • (a) means a search of a clothed person in which the person conducting the search may do all or any of the following:

        • (i) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

        • (ii) insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

        • (iii) for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:

          • (A) open his or her mouth:

          • (B) display the palms of his or her hands:

          • (C) display the soles of his or her feet:

          • (D) lift or rub his or her hair; and

      • (b) includes the authority to search

        • (i) any item or substance carried by, or in the possession of, the person; and

        • (ii) any outer clothing removed, raised, lowered, or opened for the purposes of the search; and

        • (iii) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.