Civil Aviation Amendment Act 2007

12 New sections 77D to 77I inserted
  • (1) The following sections are inserted in their appropriate alphanumeric order:

    77D Director may approve firearms, weapons, ammunition, and other equipment for carriage and use by in-flight security officers
    • The Director may approve firearms, weapons, ammunition, and other equipment for carriage and use on board an aircraft by an in-flight security officer.

    77E Foreign in-flight security officers
    • (1) Despite section 11 of the Aviation Crimes Act 1972, the Director may, in consultation with the Commissioner of Police and other affected parties that the Director considers appropriate, and in accordance with any rules made under this Act, authorise a foreign in-flight security officer who is, or a class of foreign in-flight security officers who are, accompanied by a member of the police and is or are carrying an item, being a firearm, weapon, ammunition, or any other equipment, to—

      • (a) disembark from an aircraft:

      • (b) board an aircraft:

      • (c) pass through a—

        • (i) security area:

        • (ii) security enhanced area:

        • (iii) sterile area.

      (2) To avoid doubt, the authorisation of a foreign in-flight security officer by the—

      • (a) Director is not an aviation document:

      • (b) State that has issued the air operating certificate (or its equivalent) for the aircraft operator only applies while the aircraft is in flight.

    (2) The following sections are inserted in their appropriate alphanumeric order:

    77F Powers and duties of Director relating to security checks
    • (1) The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—

      • (a) the security check is for the purpose of determining whether the person poses a threat to aviation security; and

      • (b) the person consents.

      (2) If a person refuses consent to a security check under subsection (1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination.

      (3) The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.

      (4) For the purpose of determining whether a person poses a threat to aviation security, the Director may—

      • (a) seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969; and

      • (b) give weight to any component of the information as the Director considers appropriate in the circumstances.

      (5) If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination.

      (6) The Director may reconsider any previous security check determination that the Director has made if—

      • (a) new information is made available; or

      • (b) the Director has reason to believe that the person may pose a threat to aviation security.

      (7) If the Director proposes to reconsider any previous security check determination, the Director must—

      • (a) advise the person to whom the security check determination relates that the Director is reconsidering that determination; and

      • (b) complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and

      • (c) if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G; and

      • (d) if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—

        • (i) the period of the reconsideration; and

        • (ii) any subsequent review period under section 77G; and

      • (e) if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—

        • (i) the period of the reconsideration; and

        • (ii) any subsequent review period under section 77G.

      (8) Nothing in this section limits the power of the Director to grant an exemption under section 37.

    77G Review procedures for security check determinations
    • (1) If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service under section 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969, the Director must advise the New Zealand person that the person may lodge a complaint regarding the recommendation with the Inspector-General of Intelligence and Security in accordance with sections 11 and 16 of the Inspector-General of Intelligence and Security Act 1996.

      (2) If the Director proposes to make an adverse security check determination with respect to a person based on information other than a recommendation made by the New Zealand Security Intelligence Service, the Director must—

      • (a) advise the person of the proposed determination and the reasons for the proposed determination; and

      • (b) give the person written notice that, within 20 working days of the date of the notice, the person may—

        • (i) seek legal advice or assistance with respect to the proposed determination:

        • (ii) respond to, comment on, or make submissions on the proposed determination:

        • (iii) provide new information relevant to the proposed determination; and

      • (c) give the person notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)); and

      • (d) consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and

      • (e) make a final determination and inform the person and any other affected party of,—

        • (i) in the case of the person, the final determination and the reasons for the final determination; and

        • (ii) in the case of any other affected party, the final determination but not the reasons for the final determination.

      (3) If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must—

      • (a) follow the procedure set out in subsection (2) with respect to the information other than the recommendation and advise the person that the proposed determination is based on—

        • (i) a recommendation made by the New Zealand Security Intelligence Service; and

        • (ii) information other than the recommendation; and

      • (b) then follow the procedure set out in subsection (1) with respect to the recommendation if—

        • (i) the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and

        • (ii) the person is a New Zealand person.

      (4) If the Director makes a final adverse security check determination, the Director must—

      • (a) revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and

      • (b) require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation.

      (5) For the purposes of this section,—

      Inspector-General of Intelligence and Security means the person holding office under section 5 of the Inspector-General of Intelligence and Security Act 1996

      New Zealand person has the same meaning as in section 2(1) of the Inspector-General of Intelligence and Security Act 1996.

    77H Offence to carry out activity while authorisation withdrawn or after authorisation revoked
    • (1) Every person commits an offence who carries out an activity that requires an authorisation—

      • (a) during a period when that authorisation has been withdrawn under section 77F(7)(d) or (e); or

      • (b) if that authorisation has been revoked under section 77G(4).

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

    77I Offence to fail to comply with Director's requirement to withdraw or revoke authorisation
    • (1) Every person commits an offence who fails, without reasonable excuse, to comply with the Director's requirement to—

      • (a) withdraw an authorisation under section 77F(7)(e); or

      • (b) revoke an authorisation under section 77G(4)(b).

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