Part 19 - Amendment 1

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Subpart G - Security

• Amendment to rule 19.353

New Subpart H - In-flight security officers and foreign in-flight security officers

• New Subpart H and rules 19.379 to 19.383 inserted (In-flight security
  officers and foreign in-flight security officers) 

Subpart G - Security

Amendment to rule 19.353

Rule 19.353 is replaced by:

19.353 Restrictions relating to persons and aircraft subject to security control

(a) Except when authorised by the Director under rule 91.9 or as provided in paragraph (b) a person must not deliver any of the following items to a person who has been subject to security control, or place any of the following items in a location that is accessible to any person on board an aircraft that has been subject to security control;

(1) a firearm;

(2) a dangerous or offensive weapon or instrument of any kind whatsoever;

(3) ammunition;

(4) an explosive substance or device, or an injurious substance or device of any kind that could be used to endanger the safety of the aircraft or of the persons on board;

(5) an imitation of an item or substance specified in paragraphs (1) to (4).

(b) A constable may deliver or place such an item in order to facilitate the exercise of functions by:

(1) an in-flight security officer; or

(2) a foreign in-flight security officer authorised by the Director under section 162B of the Act.

New Subpart H and rules 19.379 to 19.383 inserted (In-flight security officers and foreign in-flight security officers)

The following is inserted after rule 19.359:

Part 19: Subpart H – In-flight security officers and foreign in-flight security officers

19.379 Applicability

This subpart prescribes rules governing the Director’s approval of firearms, weapons, ammunition and other equipment for use by in-flight security officers and the Director’s authorisation of foreign in-flight security officers.

19.381 Director’s approval of weapons for use by in-flight security officers

(a) The Director may (see section 162A of the Act) approve a firearm, weapon, ammunition or other equipment for carriage and use on board an aircraft by an in-flight security officer only if the Director is satisfied that the item, when used in the course of the officer’s duties, does not pose a risk to the safety of the aircraft, crew or passengers which is disproportionate to the anticipated threat.

(b) The Director must inform the Commissioner of Police:

(1) of any training that the Director considers in-flight security officers should receive related to the carriage or use of approved items on board an aircraft to ensure the safety of aircraft, crew and passengers; and

(2) of any information that the Director considers officers should take into consideration when using approved items.

(c) The Director may give an approval subject to conditions.

(d) The Director must consult the Commissioner of Police before imposing conditions.

(e) The Director must specify the period for which an approval is granted, which must not exceed five years.

(f) The Director must review any approval if:

(1) the New Zealand Police remove an approved item from service; or

(2) there is evidence that an approved item poses an unacceptable risk if used as intended; or

(3) a State with which New Zealand has an in-flight security officer arrangement or agreement limits or prohibits the use or carriage of an approved item; or

(4) ICAO or another relevant international organisation limits or prohibits the use or carriage of an approved item.

(g) The Director must supply to the Commissioner of Police a current list of approved items and conditions as soon as possible after any change.

19.383 Director’s authorisation of foreign in-flight security officers

(a) Any authorisation of a foreign in-flight security officer (or a class of officers) issued by the Director under section 162B of the Act must state the period for which the authorisation is valid, which must not exceed five years.

(b) Before issuing an authorisation the Director must be satisfied that the authorising agency’s selection, training, and oversight of officers’ performance is appropriate.

(c) The Director may determine that a foreign in-flight security officer is not authorised despite falling within an authorised class, and must notify the relevant State as soon as possible after making any such determination.

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