Aviation security legislation passed

Legislation to strengthen New Zealand’s aviation security has been passed without dissent by Parliament, Transport Safety Minister Harry Duynhoven announced today.

“In today’s aviation security environment it is important that New Zealand’s security measures are appropriate for our circumstances and ensure that we are not out of step with our closest neighbours and the international community. In addition, we must be mindful of the impact on the aviation industry and passengers.

“I am confident this legislation provides an appropriate balance between the rights of New Zealanders to travel to destinations of their choice, their expectations of privacy and the need to ensure our aviation security measures meet international requirements,” said Mr Duynhoven.

The main elements and objectives of the legislation are to:

• Provide aviation security officers with the power to search for and seize items prohibited or restricted from being taken on aircraft;
• Enable the screening and searching of airport workers;
• Provide a power for aviation security officers to search passengers’ outer garments and undertake pat-down searches;
• Require that airlines deny carriage to passengers who refuse to be searched;
• Provide a power for aviation security officers to seize potential weapons;
• Enable foreign in-flight security officers to enter and depart New Zealand and enable New Zealand to deploy in-flight security officers, should the Government decide to do so in the future;
• Formalise the process for checking the background of people working in areas critical to aviation security;
• Provide a general regulation making power to ensure that the law is able to respond to new aviation security matters in a timely fashion.

“This legislation will strengthen New Zealand’s aviation security and enable us to continue to meet international security obligations set by the International Civil Aviation Organization”, said Mr Duynhoven today.

Questions and Answers

General

1. Why do we need this legislation?

This legislation improves New Zealand’s aviation security, strengthens its legislative framework, and meets international obligations. It will ensure the continued confidence of trading partners and tourist markets in the security of New Zealand’s aviation services.

2. What would happen if New Zealand did not make these changes?

This legislation means that New Zealand can respond appropriately to any threats to security, and in doing so, it provides protection to travellers.

As a member of the International Civil Aviation Organization, New Zealand is obliged to comply with its security standards. If we do not meet those standards, it could damage our reputation and cause other countries to question the integrity of our aviation security. This could have significant economic and social impacts, such as a reduction in international flights in and out of the country.

3. What are the main features of this legislation?

In-flight Security officers

• Provisions in the legislation dealing with in-flight security officers are future-proofing provisions, and will not come into force until the Government considers it is necessary;
• The legislation enables foreign IFSOs to enter, depart from and transit through New Zealand on foreign aircraft, should it be required in the future;
• The legislation enables New Zealand IFSOs to be deployed on New Zealand aircraft, should it be required in the future.

Search and Seizure powers

• Providing aviation security officers with the power, within specified limits, to search for and/ or seize items prohibited or restricted from being taken on aircraft;
• Provides a power for aviation security officers to search passengers’ outer garments and carry out a pat-down search;
• Enables the screening and searching of people who work in secure areas of airports;
• Provides a power for aviation security officers to seize items and substances that are capable of being used to endanger the safety of an aircraft or cause bodily injury.

Background Checking

• Strengthens provisions for checking the background of people who work in areas critical to aviation security and provides appropriate natural justice provisions for people whose backgrounds are checked.

New Regulation Making Power

• Provides a general regulation making power to ensure that the law is able to respond to new aviation security requirements in a timely fashion.

In-flight security officers

4. Once this legislation is passed will we have armed in-flight security officers on aircraft flying in and out of New Zealand?

No. The legislation is clear that the provisions dealing with in-flight security officers are future-proofing provisions, and will not come into force until the Government considers it is necessary.

5. Why not wait until it is necessary before changing the law?

It is likely that any situation that required in-flight security officers to be deployed on foreign or New Zealand aircraft would arise at short notice. Because of this, the Government decided that New Zealand law should contain future-proofing provisions. It would be imprudent of the Government not to have legislation in place to deal swiftly with a situation where lives could be at risk, or where it was necessary to continue flights to and from New Zealand.

6. So could we have foreign air marshals flying on Air New Zealand flights?

No. If the Government decides to deploy in-flight security officers on New Zealand aircraft, this role will be undertaken by the New Zealand Police.

7. Will foreign in-flight security officers be coming into New Zealand?

Not at this time, however, under the Air Services Agreements that enable us to fly to other countries, we are obliged to consider security requests from those countries. That could include a request for in-flight security officers to be onboard foreign aircraft flying into New Zealand. New Zealand has received no such requests to date, but the Government does not want to be in a situation where flights are cancelled because we do not have the right legislation in place.

Search and seizure powers

8. Will people who work in airports be subject to screening and security checks?

Yes. This legislation allows Avsec officers to screen workers entering non-public areas of airports, where they have access to baggage or in-service aircraft. The number of workers who are screened will be based the level of risk.

9. Can I go to jail for trying to take a water bottle on board?

No, genuinely innocuous liquids, aerosols and gels are not subject to criminal sanctions.

(Further information regarding the new aviation security screening requirements is available at,www.flysmart.govt.nz).

10. What happens when something of mine is seized at the screening point?

An item which has been formally seized by an Avsec Officer will either be disposed of or passed to the New Zealand Police for further investigation.

11. Airports have metal detectors already, why do we need this new provision?

Some items of clothing, such as shoes and belts, contain metal parts that can conceal weapons. For passengers who do set off the metal detectors, the new provision means Avsec officers will be able to find out what has caused the metal detector alert by requiring the passengers to remove outer clothing, and undertaking a pat-down search.

This power also means Avsec officers can search for non-metallic weapons, which can be concealed in a passenger’s outer garments.

12. Avsec officers will be able to require people to take off outer garments to facilitate searches. What about religious clothing like burqas and nuns’ habits?

Avsec has comprehensive operational procedures in place to ensure that officers maintain a person’s privacy, treat all people with respect, and are sensitive to people’s needs. Avsec provides its staff with training on cultural and religious diversity.

Avsec deals with people of many cultures and religions on a daily basis and is experienced in meeting their diverse needs, while still maintaining aviation security standards. In addition, passengers are able to request that these searches are undertaken in private.

13. There has been recent media attention on body scanner equipment being used in some countries’ airports, which essentially equates to a strip search. Will this legislation allow this equipment to be used?

No. The legislation includes a provision to specifically exclude any equipment that shows a detailed unclothed image of a person.