新西兰民航法 New Zealand Civil Aviation Act 1990

时间：2015-01-01 10:26来源：蓝天飞行翻译公司 作者：民航翻译 点击：次

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Section 65E: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65E(1): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65E(2): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65E(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Unruly passenger offences
Heading: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
65F Strict liability for acts endangering safety
(1) A person commits an offence who acts in a manner that endangers an aircraft or any person in an aircraft.
(2) Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.
Section 65F: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65F(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65G Disruptive conduct towards crew member
(1) Every person commits an offence who, while in an aircraft,—
(a) uses any threatening, offensive, or insulting words towards a crew member; or
(b) behaves in a threatening, offensive, insulting, or disorderly manner towards a crew member; or
(c) behaves in a manner that interferes with the performance by a crew member of his or her duties; or
(d) intentionally interferes with the performance by a crew member of his or her duties.
(2) Every person who commits an offence against subsection (1 )(a) or (b) or (c) is liable on conviction to a fine not exceeding $5,000.
(3) Every person who commits an offence against subsection (1)(d) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.
(4) It is a defence in a prosecution under subsection (1 )(a) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard by a crew member.
Section 65G: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65G(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65G(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65H Interference with aircraft
(1) Every person commits an offence who tampers or interferes with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors.
(2) Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.
Section 65H: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65H(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65I Intoxicated persons on aircraft
(1) Every person (except a person under medical care) commits an offence who—
(a) is intoxicated and boards an aircraft; or
(b) becomes intoxicated on an aircraft.
(1A) In proceedings for an offence against subsection (1),—
(a) the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and
(b) the burden of proving that the defendant was under medical care lies on the defendant.
(2) Every person who commits an offence against—
(a) subsection (1 )(a) is liable on conviction to a fine not exceeding $5,000:
(b) subsection (1 )(b) is liable on conviction to a fine not exceeding $3,000.
(3) For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012) or an intoxicating substance to such an extent as to—
(a) be incapable of properly looking after himself or herself; or
(b) actively present a hazard to the aircraft or to persons on the aircraft; or
(c) offend against the good order and discipline required on an aircraft.
(4) For the purposes of this section, person under medical care means a person who—
(a) is under the supervision of an attendant; and
(b) has become intoxicated as a result of taking prescription medication in accordance with a medical authorisation.
Section 65I: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65I(1A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65I(2)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65I(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65I(3): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
65J Non-compliance with commands given by pilot-in-command
(1) Every person commits an offence who fails to comply with any commands given to the person directly by the pilot-in-command, or indirectly by the pilot-in-command through a crew member, in accordance with his or her duties under section 13 or the rules.
(2) Despite section 28(6), every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000.
Section 65J: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65J(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65K Offensive behaviour or words
(1) Every person commits an offence who, on any aircraft,—
(a) behaves in a threatening, offensive, insulting, or disorderly manner; or
(b) uses threatening, offensive, or insulting words.
(2) Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
(3) It is a defence in a prosecution under subsection (1)(b) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard.
Section 65K: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65K(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65L Portable electronic devices not to be operated
(1) Every person commits an offence who operates a portable electronic device on board an aircraft in breach of the rules.
(2) Despite section 28(6), every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
Section 65L: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65L(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65M Non-compliance with seating and seatbelt instructions
(1) Every person commits an offence who fails to comply with an instruction given by a crew member, passenger information signs, or placards to—
(a) occupy a seat or berth; and
(b) fasten and keep fastened about the person any installed safety belt or safety harness.
(2) Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
Section 65M: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

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