The Parliament of New Zealand enacts as follows:
This Act is the Civil Aviation Amendment Act 2023.
(1)
This Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council.
(2)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
This Act amends the Civil Aviation Act 2023.
In section 5, insert in their appropriate alphabetical order:
foreign in-flight security officer means an enforcement officer or authorised person from a country other than New Zealand who is—
authorised to act on an aircraft that is in flight by the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted; and
subject to an in-flight security officer arrangement or agreement between New Zealand and the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted
in-flight security officer means a constable authorised under section 15A of the Aviation Crimes Act 1972
After section 56(f), insert:
rules providing for in-flight safety and security, including, but not limited to, the following:
the possession, carriage, and use of a firearm, a weapon, ammunition, or any other equipment by an in-flight security officer on board an aircraft operated by an operator certified under Part 119 of the rules:
the carriage of a firearm, a weapon, ammunition, or any other equipment by a foreign in-flight security officer while entering, transiting, or departing from New Zealand.
After section 162, insert:
The Director may approve firearms, weapons, ammunition, and other equipment for carriage and use on board an aircraft by an in-flight security officer.
Despite section 11 of the Aviation Crimes Act 1972, the Director may, in accordance with any requirements of the rules, authorise a person or class of persons described in subsection (2) to—
disembark from an aircraft:
board an aircraft:
pass through a—
security area:
security enhanced area:
sterile area.
The authorisation under subsection (1) may be of—
a foreign in-flight security officer who is accompanied by a constable and is carrying a firearm, a weapon, ammunition, or any other equipment; or
a class of foreign in-flight security officers who are accompanied by a constable and are carrying a firearm, a weapon, ammunition, or any other equipment.
(3)
Before granting an authorisation under subsection (1), the Director must consult the Commissioner of Police and other affected parties that the Director considers appropriate.
(4)
To avoid doubt, the authorisation of a foreign in-flight security officer by the State that has issued the air operating certificate (or its equivalent) under which the air operation is conducted applies only while the aircraft is in flight.
Amend the enactments specified in the Schedule as set out in that schedule.
s 7
In section 2, insert in their appropriate alphabetical order:
foreign in-flight security officer has the same meaning as in section 5 of the Civil Aviation Act 2023
in-flight security officer has the same meaning as in section 5 of the Civil Aviation Act 2023
In section 3(2)(a)(vii), replace “:” with “; or”.
“:”
“; or”
After section 3(2)(a)(vii), insert:
an in-flight security officer or a foreign in-flight security officer:
In section 4(1), definition of foreign in-flight security officer, replace “section 2 of the Civil Aviation Act 1990” with “section 5 of the Civil Aviation Act 2023”.
“section 2 of the Civil Aviation Act 1990”
“section 5 of the Civil Aviation Act 2023”
In section 4(1), replace the definition of in-flight security officer with:
in-flight security officer means a constable authorised under section 15A
In section 10, replace new section 15B with:
Despite section 11, an in-flight security officer may, on board an aircraft operated by an operator certified under Part 119 of the Civil Aviation Rules, possess, carry, and use a firearm, a weapon, ammunition, or other equipment that the Director of Civil Aviation has approved under section 162A of the Civil Aviation Act 2023 if—
the officer is on duty; and
the aircraft is in flight.
Despite section 11(1A), an in-flight security officer may, in a landside security area, a sterile area, or a security enhanced area declared by the Director in accordance with Part 5 of the Civil Aviation Act 2023, possess, carry, and use a firearm, a weapon, ammunition, or other equipment that the Director of Civil Aviation has approved under section 162A of the Civil Aviation Act 2023 if the officer—
is on duty; and
is accompanying a foreign in-flight security officer or class of foreign in-flight security officers authorised under section 162B of the Civil Aviation Act 2023.
28 March 2023
Divided from Civil Aviation Bill (Bill 61–2), third reading
5 April 2023
Royal assent
This Act is administered by the Ministry of Transport.