Plain language law

New Zealand law explained for everyone

Civil Aviation Act 1990

Unruly passenger offences - Preliminary provisions

65A: Application of this Part

You could also call this:

“This part explains when and where the rules about bad behaviour on planes apply”

This part of the law talks about unruly passenger offences on airplanes. It applies to you if you’re on a plane in New Zealand, no matter where the plane is from. It also applies if you’re on a plane outside New Zealand that’s going to land in New Zealand next.

The law says a plane is “in flight” from when all the doors are closed after everyone gets on, until a door is opened for people to get off. If the plane has to make a forced landing, it’s still “in flight” until the authorities of that country take charge of the plane and the people on it.

Some people are given special powers by the Director to deal with unruly passengers. These people must carry a warrant that says who they are and what they’re allowed to do. Police officers can also use these powers.

When the law talks about “people authorised by the Director”, it includes aviation security officers, but it can also mean other people too.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM217104.

Topics:
Transport and travel > Air travel
Previous

65AA: Burden of proof of reasonable excuse, or

"If you're accused of breaking certain aviation rules, you need to prove you had a good reason"

Next

65B: Liability for offences against this Part despite extraterritoriality, or

"You can get in trouble for breaking aviation rules even when you're not in New Zealand"

Part 5A Unruly passenger offences
Preliminary provisions

65AApplication of this Part

  1. This Part applies to any unruly passenger offence committed—

  2. on an aircraft in New Zealand, regardless of the nationality of the aircraft:
    1. 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.

      1. 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.

      2. 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.

      3. 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—

      4. the name of, and the office or offices held by, that person; and
        1. the powers and functions that the person is authorised to exercise under this Part.

          1. A constable may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part.

          2. 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.

          Notes
          • Section 65A: inserted, on , by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
          • Section 65A(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          OSZAR »