This Act may be cited as the Aviation Crimes Act 1972.

Sections 7, 8, 15, and 16 shall come into force on a date to be fixed by the Governor-General by Order in Council. Different dates may be so fixed in respect of different sections.

Except as provided in subsection (2), this Act shall come into force on the date of its passing.

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

In this Act, unless the context otherwise requires,—

For the purposes of this Act, 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:

For the purposes of this Act, an aircraft is in service from the time when pre-flight preparation of the aircraft by ground personnel or by the aircraft’s crew begins for a specific flight until either—

whichever is the latest.

Everyone commits the crime of hijacking and is liable on conviction to imprisonment for life, who, while on board an aircraft in flight, whether in or outside New Zealand, unlawfully, by force or by threat of force or by any form of intimidation, seizes or exercises control, or attempts to seize or exercise control, of that aircraft.

Everyone who, while on board an aircraft in flight outside New Zealand, does or omits anything which, if done or omitted by that person in New Zealand, would be an offence punishable by imprisonment for life or by 2 or more years’ imprisonment, commits that offence if the act or omission occurred in connection with the crime of hijacking.

Without limiting the generality of subsection (1), an act or omission by any person shall be deemed to occur in connection with the crime of hijacking if it was done or omitted with intent—

Everyone commits a crime, and is liable on conviction to imprisonment for a term not exceeding 14 years, who, whether in or outside New Zealand,—

A person commits a crime who, whether in or outside New Zealand, using any device, substance, or weapon, intentionally does any of the following acts that endangers or is likely to endanger the safety of an international airport:

Subject to subsection (3), a person who commits a crime against this section is liable on conviction to imprisonment for a term not exceeding 14 years.

A person who commits a crime against subsection (1)(a),—

For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, the crime of hijacking, if not already described in the treaty, is deemed to be an offence described in any extradition treaty concluded before 12 March 1974 and for the time being in force between New Zealand and any country that is a party to the Hague Convention.

For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, each crime in section 5 is deemed to be an offence described in any extradition treaty concluded before 12 March 1974 and for the time being in force between New Zealand and any country that is a party to the Montreal Convention.

If, under subsection (1) or subsection (2), a crime is deemed to be an offence described in an extradition treaty, a person may be surrendered for that crime in accordance with the provisions of the Extradition Act 1999 even if the act or omission occurred before the date on which the crime was deemed to be an offence described in the extradition treaty.

Subsection (3) does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.

For the purposes of this section,—

A certificate given by the Minister of Foreign Affairs and Trade that a country is a party to the Hague Convention or the Montreal Convention, as the case may be, is sufficient evidence of that fact.

For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, each crime described in section 5A is deemed to be an offence described in any extradition treaty concluded before the commencement of this section and for the time being in force between New Zealand and any foreign country which is a party to the Montreal Protocol.

When subsection (1) deems a crime to be an offence described in an extradition treaty, a person whose surrender is sought under the Extradition Act 1999 in respect of an act or omission which amounts to that crime is liable to be surrendered in accordance with the provisions of that Act, whether the act or omission occurred before or after the date on which the crime was deemed to be an offence described in the extradition treaty.

This section does not apply in respect of an act or omission that, had it occurred within the jurisdiction of New Zealand, would not at that time have constituted an offence under New Zealand law.

A certificate given under the hand of the Minister of Foreign Affairs and Trade that any foreign country is a party to the Montreal Protocol is sufficient evidence of that fact.

For the purposes of this section,—

Nothing in section 3 or section 4 shall apply if both the place of take-off and the place of actual landing of the aircraft (not being a New Zealand aircraft) are in the territory of the country in which the aircraft is registered, or, in the case of an aircraft that is subject to joint or international registration, in the territory of one of the countries having an interest in the aircraft, unless—

Nothing in paragraph (a), paragraph (b), paragraph (c), paragraph (d), or paragraph (f) of section 5 shall apply if both the place of take-off and the place of actual or intended landing of the aircraft (not being a New Zealand aircraft) are in the territory of a country in which the aircraft is registered, or, in the case of an aircraft that is subject to joint or international registration, in the territory of one of the countries having an interest in the aircraft, unless—

Nothing in section 3 or section 4 or paragraph (a), paragraph (b), paragraph (c), paragraph (d), or paragraph (f) of section 5 shall apply to aircraft used in military, Customs, or Police service (not being aircraft used for the purposes of any of the Armed Forces of New Zealand or of the New Zealand Customs or of the New Zealand Police), unless—

Section 5A does not apply in respect of acts or omissions that occur outside New Zealand unless the alleged offender is present in New Zealand.

Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or in section 400 of that Act (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft) shall apply with respect to the crime of hijacking or to any of the crimes described in section 5 or to any crime referred to in section 4 committed in connection with the crime of hijacking.

Everyone commits a crime, and is liable on conviction to imprisonment for a term not exceeding 5 years, who, without lawful authority or reasonable excuse, or without the permission of the owner or operator of the aircraft or of a person duly authorised by either of them to give such permission, takes or attempts to take on board any aircraft—

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years, who, without lawful authority or reasonable excuse, takes, or attempts to take, into a landside security area, a sterile area, or a security enhanced area an item or substance specified in subsection (1).

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 5 years, who—

For the purposes of this section, the term firearm means any gun, rifle, or pistol, whether acting by force of explosives or not; and includes any such gun, rifle, or pistol which for the time being is not capable of discharging any shot, bullet, or other missile, but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be so capable; and also includes any such gun, rifle, or pistol which is for the time being dismantled.

For the purposes of this section, dangerous or offensive weapon means any item or substance capable of being used to endanger the safety of an aircraft or cause bodily injury.

Any member of the Police, any aviation security officer, any Customs officer, or any employee or agent of the carrier authorised by the carrier for the purpose may, with the consent of the passenger, search a passenger and the passenger’s baggage for the purpose of detecting any item or substance that could pose a threat to aviation safety and security (including, but not limited to, any item or substance specified in section 11(1)), before the passenger boards any aircraft in New Zealand pursuant to a contract providing for the carriage of the passenger by air from a place in New Zealand to any other place (whether in New Zealand or elsewhere).

If the passenger declines to allow himself or herself or his or her baggage to be searched, the carrier must refuse to carry—

A carrier is not liable to any civil proceeding, other than a proceeding in respect of any right that the passenger may have for the recovery of the fare or any part of the fare, by reason of the fact that the carrier has refused to carry—

With respect to a search made under subsection (1),—

Any aviation security officer, or any employee or agent of the carrier authorised by the carrier for the purpose, may examine any cargo before the cargo is loaded onto any aircraft in New Zealand pursuant to a contract providing for the carriage of the cargo by air from a place in New Zealand to any other place (whether in New Zealand or elsewhere).

Subject to subsection (7), with respect to a search made under subsection (1) or (5), a member of the Police, an aviation security officer, or a Customs officer may use any aid or device that is reasonably necessary to facilitate the search, including (but not limited to) a dog, chemical substance, or x-ray or imaging equipment, or some other mechanical, electrical, or electronic device.

Despite subsection (6), with respect to a person searched under subsection (1), a member of the Police, an aviation officer, a Customs officer, or an agent of the carrier authorised by the carrier for the purpose may not use an aid or device that produces an unclothed image of the person.

For the purposes of this section, pat down search—

Where—

the member of the Police may, without warrant, search that first-mentioned person and his baggage, and may detain him for the purposes of that search, and may take possession of any article referred to in paragraph (a), (b), (c), (d), or (e) of section 11(1) found in the course of that search.

The refusal of any person to allow himself or his baggage to be searched pursuant to section 12 shall not of itself constitute reasonable grounds for suspecting that a crime against this Act in relation to the aircraft has been, is being, or is likely to be, committed.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subpart 3) apply.

No item or substance specified in section 11(1) of the Aviation Crimes Act 1972 that is found in the course of a search or examination made under section 12 or 13 of this Act or the Civil Aviation Act 2023 is admissible as evidence in any criminal proceedings against the person who, or whose baggage, has been searched, or, as the case may be, the consignor of any cargo that has been examined, other than proceedings in respect of a crime against this Act or the crime of treason or any crime punishable by imprisonment for life or for a term of 3 years or more, or in respect of an offence against section 16 of the Arms Act 1958 (which relates to the unlawful carriage or possession of firearms, ammunition, or explosives), or in respect of an offence against the Misuse of Drugs Act 1975.

For the purposes of this section, if dangerous goods (as defined in section 5 of the Civil Aviation Act 2023) are found in the course of a search or examination made under this Act, the dangerous goods must be regarded as having been detected in the exercise of the powers conferred by Part 5 of the Civil Aviation Act 2023 and not found under this Act.

Without limiting the provisions of section 60 of the Crimes Act 1961, if the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe that any person on board the aircraft has done or is about to do on board the aircraft—

the commander may take with respect to that person such reasonable measures, including restraint, as may be necessary—

Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any member of the crew shall if so required by the commander, assist in restraining any person whom the commander is entitled under subsection (1) to restrain. Any member of the crew and any other person on board the aircraft may, without the commander’s authority, take with respect to any person on board the aircraft such reasonable measures, including restraint, as he has reasonable grounds to believe are immediately necessary to protect the safety of the aircraft or of persons or property on board the aircraft.

Any restraint imposed on any person on board an aircraft under the powers conferred by subsection (1) or subsection (2) shall not be continued after the aircraft ceases to be in flight, unless the commander of the aircraft notifies the appropriate authorities of the country in which the aircraft ceases to be in flight, either before or as soon as reasonably practicable after that time, that a person on board is under restraint and of the reasons for such restraint, but, provided that notification has been given, restraint may be continued—

If the commander of an aircraft has reasonable grounds to believe that a person on board the aircraft has done or is about to do on board the aircraft anything (whether an offence or not) which jeopardises or may jeopardise—

he may, if he considers it necessary to do so in order to protect the safety of the aircraft, disembark that person in any country in which the aircraft may be.

If the commander of an aircraft has reasonable grounds to believe that any person on board the aircraft has done on board the aircraft anything which in the commander’s opinion is a serious offence under the law of the country in which the aircraft is registered, he may deliver that person—

If the commander of an aircraft disembarks any person pursuant to subsection (4), in the case of a New Zealand aircraft, in any country, or, in the case of any other aircraft, in New Zealand, he shall report the fact of, and the reasons for, that disembarkation to an appropriate authority in the country of disembarkation (being, in New Zealand, a member of the New Zealand Police).

If the commander of an aircraft intends to deliver any person in accordance with subsection (5) in New Zealand or, in the case of a New Zealand aircraft, in any other country which is a party to the Tokyo Convention, he shall, before or as soon as practicable after landing, give notification of his intention and of the reasons for his intention to an appropriate authority in that country (being, in New Zealand, a member of the New Zealand Police).

Any commander of an aircraft who without reasonable cause fails to comply with the requirements of subsection (6) or subsection (7) is liable on conviction to a fine not exceeding $400.

A person who in good faith imposes reasonable measures, including restraint, on another person in accordance with the provisions of this section is not guilty of an offence and is not liable to any civil proceeding in respect of those measures.

The Commissioner of Police may authorise any member of the police to be an in-flight security officer.

When providing authorisation under subsection (1), the Commissioner of Police must have regard to the views of the Director of Civil Aviation.

When forming his or her views, the Director of Civil Aviation must, as he or she considers appropriate, have regard to the views of representative groups in the aviation industry.

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—

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—

Without limiting the powers of the commander of an aircraft (or a person authorised by the commander) under section 15, an in-flight security officer may take all measures reasonably necessary to restore control of an aircraft to the commander or to preserve the commander’s control of the aircraft, including, but not limited to, the use of—

If an in-flight security officer reasonably suspects that a person on board an aircraft has committed or is committing an offence under this Act, the in-flight security officer may arrest the person—

Despite subsection (1), an in-flight security officer may not arrest a person without the prior approval of the commander of an aircraft unless seeking prior approval is not practicable.

If an in-flight security officer arrests a person without the prior approval of the commander of an aircraft, the in-flight security officer must—

An in-flight security officer who arrests a person under this section must, as soon as practicable, deliver the person to a—

To avoid doubt, nothing in this section limits the justifications for the use of force under sections 39, 40, 41, and 48 of the Crimes Act 1961.

An in-flight security officer may, with the use of reasonable force, or assistance that is reasonably necessary in the circumstances, restrain a person arrested under section 15D until the person is delivered as required under section 15D(4).

Despite subsection (1), an in-flight security officer may not restrain a person without the prior approval of the commander of an aircraft unless—

If an in-flight security officer restrains a person without the prior approval of the commander of an aircraft, the in-flight security officer must—

If an in-flight security officer reasonably suspects that a person on board an aircraft has committed, is committing, or is likely to commit an offence under this Act, the in-flight security officer may, with the use of reasonable force, or assistance that is reasonably necessary in the circumstances,—

Despite subsection (1), an in-flight security officer may not search a person without the prior approval of the commander of an aircraft unless seeking prior approval is not practicable.

If an in-flight security officer searches a person without the prior approval of the commander of an aircraft, the in-flight security officer must inform the commander of the search as soon as practicable.

With respect to a search made under subsection (1), an in-flight security officer, may use any aid or device that is reasonably necessary to facilitate the search, including (but not limited to) a dog, chemical substance, or x-ray or imaging equipment, or some other mechanical, electrical, or electronic device.

A person assisting an in-flight security officer under section 15D, 15E, or 15F is justified in using force if—

Any member of the New Zealand Police shall accept delivery of a person whom the commander of an aircraft seeks to deliver to him in accordance with subsection (5) of section 15 if he has reasonable grounds to suspect that person of having done or omitted on board that aircraft anything that is a crime against this Act or any other Act.

Where any member of the New Zealand Police accepts delivery of a person under subsection (1), he shall forthwith arrest that person.

If the commander of an aircraft in flight has reasonable grounds to suspect that a crime against this Act has been, is being, or is likely to be, committed on board or in relation to that aircraft, he, or any member of the crew of the aircraft or any other person on board the aircraft authorised by him to do so, may search any person or baggage on board the aircraft, and may take possession of any article found which has been used or could be used to effect or facilitate the commission of a crime against this Act.

No proceedings for the trial and punishment of any person charged with a crime against section 3 or section 4 or section 5 or section 5A or section 11 shall be instituted in any court except with the consent of the Attorney-General:

Nothing in sections 11 to 17 shall apply to aircraft used in the military, Customs, or Police service of any country, including New Zealand.

Where an aircraft is subject to joint or international registration, it shall be deemed for the purposes of this Act to be registered in the country which, according to the records of the International Civil Aviation Organisation, is the country of registration.

Nothing in this Act shall be construed to limit or affect the operation of any provision of the Immigration Act 2009, or, except as expressly provided in this Act, of any provision of the Crimes Act 1961.