Civil Aviation Amendment Act 2007

9 Powers and duties of Minister to require screening
  • (1) The heading to section 77A is amended by adding , searching, and seizing.

    (2) Section 77A is amended by repealing subsection (1) and substituting the following subsections:

    • (1) The Minister may, if the Minister considers it 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, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice in the Gazette,—

      • (a) to screen—

        • (i) any person boarding an aircraft:

        • (ii) any thing to be carried on an aircraft:

        • (iii) any person, item, or substance—

          • (A) before the person, item, or substance enters a sterile area:

          • (B) present in a sterile area:

        • (iv) any person, item, substance, or vehicle—

          • (A) before the person, item, substance, or vehicle enters a security enhanced area:

          • (B) present in a security enhanced area:

        • (v) any unattended item, substance, or vehicle in a security enhanced area:

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

        • (i) any person boarding an aircraft:

        • (ii) any thing to be carried on an aircraft:

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

          • (A) aircraft or class of aircraft:

          • (B) aerodrome or class of aerodrome:

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

        • (iv) any person, item, substance, or vehicle—

          • (A) before the person, item, substance, or vehicle enters a sterile area:

          • (B) present in a sterile area:

        • (v) any person, item, substance, or vehicle—

          • (A) before the person, item, substance, or vehicle enters a security enhanced area:

          • (B) present in a security enhanced area:

        • (vi) any unattended item, substance, or vehicle in a security enhanced area:

      • (c) to seize any item or substance specified in the Gazette notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.

    • (1A) An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the Gazette notice.

    (3) Section 77A(2) is amended by omitting , 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,.

    (4) Section 77A(2)(b) is amended by omitting appropriate, and substituting appropriate and practical, other ministers,.