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Civil Aviation Act 1990

Aviation security

77A: Powers and duties of Minister to require screening, searching, and seizing

You could also call this:

“The Minister can make rules to check people and things at airports for safety”

The Minister can tell aviation security providers to do certain things to improve aviation security. This can be in response to international threats or when it’s in the public interest. Here’s what the Minister can ask them to do:

You might need to be screened before you get on a plane or enter certain areas of the airport. This means they’ll check you, your bags, and other things you’re carrying.

If needed, they might search you, your things, planes, airports, or other aviation areas more thoroughly.

They can take away items that aren’t allowed on planes.

The Minister has to talk to the Director and other important people before making these rules. Sometimes, if it’s urgent, the rules can start right away, but only for a short time.

The Minister can change or stop these rules when needed. The rules usually keep going until the Minister says to stop.

These rules are official and need to be published for everyone to see.

The Minister can’t use these rules to do the Director’s job.

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Topics:
Transport and travel > Air travel
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77: Responsibility of Minister, or

"The Minister makes sure important airports and flying equipment have special safety services"

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77B: Powers and duties of Director to require screening, searching, and seizing, or

"The Director can make airport security check people and things to keep planes safe"

Part 8 Aviation security

77APowers and duties of Minister to require screening, searching, and seizing

  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,—

  2. to screen—
    1. any person boarding an aircraft:
      1. any thing to be carried on an aircraft:
        1. any person, item, or substance—
          1. before the person, item, or substance enters a sterile area:
            1. present in a sterile area:
            2. any person, item, substance, or vehicle—
              1. before the person, item, substance, or vehicle enters a security enhanced area:
                1. present in a security enhanced area:
                2. any unattended item, substance, or vehicle in a security enhanced area:
                3. if necessary, to undertake reasonable searches of—
                  1. any person boarding an aircraft:
                    1. any thing to be carried on an aircraft:
                      1. any (as specified in the notice)—
                        1. aircraft or class of aircraft:
                          1. aerodrome or class of aerodrome:
                            1. navigation installation or class of navigation installation:
                            2. any person, item, substance, or vehicle—
                              1. before the person, item, substance, or vehicle enters a sterile area:
                                1. present in a sterile area:
                                2. any person, item, substance, or vehicle—
                                  1. before the person, item, substance, or vehicle enters a security enhanced area:
                                    1. present in a security enhanced area:
                                    2. any unattended item, substance, or vehicle in a security enhanced area:
                                    3. to seize any item or substance specified in the 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.

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

                                      2. Before directing an aviation security provider under subsection (1), the Minister must consult—

                                      3. the Director; and
                                        1. as the Minister in each case considers appropriate and practical, other ministers, representative groups in the aviation industry, government departments, and Crown agencies.

                                          1. A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 (see subsection (9)) if the Minister—

                                          2. considers on reasonable grounds that urgent action is required; and
                                            1. has consulted the Director before that date; and
                                              1. has notified all affected parties (other than persons boarding an aircraft) before that date.

                                                1. If a direction takes effect on a date before the notice is published under the Legislation Act 2019,—

                                                2. the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019 within 28 days of that date; and
                                                  1. if the notice is published under the Legislation Act 2019 within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Minister, after complying with subsection (3)(b) and (c), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

                                                    1. Repealed

                                                    2. Repealed

                                                    3. The Minister may, by notice, rescind a direction made under subsection (1).

                                                    4. Subject to subsection (4), a direction remains in effect until it is rescinded.

                                                    5. Nothing in this section empowers the Minister to exercise the Director's powers under section 77B.

                                                    6. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                                                    7. a notice under subsection (1):
                                                      1. a notice under subsection (6).

                                                        Notes
                                                        • Section 77A: inserted, on , by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15).
                                                        • Section 77A heading: amended, on , by section 9(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                        • Section 77A(1): substituted, on , by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                        • Section 77A(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(1)(b)(iii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(1)(c): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(1A): inserted, on , by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                        • Section 77A(1A): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(2): amended, on , by section 9(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                        • Section 77A(2)(b): amended, on , by section 9(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).
                                                        • Section 77A(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(4): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(4)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(4)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(5): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(5A): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(6): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                                        • Section 77A(9): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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