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新西兰民航法 New Zealand Civil Aviation Act 1990

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Section 65M(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65N No smoking
(1) Every person commits an offence who smokes—
(a) when instructed not to smoke by a crew member, passenger information signs, or placards; or
(b) while on any aircraft that is carrying passengers for hire or reward on any internal flight; or
(c) in contravention of section 96A(6).
(2) Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
(3) In subsection (1), to smoke has the meaning set out in section 96A(1).
Section 65N: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65N(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65O Dangerous goods
(1) Every person commits an offence who, in breach of the rules, carries or causes to be carried on an aircraft any dangerous goods.
(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 65O: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65P Procedure for certain unruly passenger offences
(1) If any offence specified in section 65Q(2) is alleged to have been committed by any person (in this section, the defendant), the pilot-in-command of the aircraft at the time of the alleged offence may, by any available means, notify, or cause to be notified,—
(a) the Director; or
(b) a person authorised by the Director.
(2) If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2),—
(a) the defendant may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or
(b) the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.
(3) If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2), he or she may require the person to give his or her full name, address, and date of birth.
(4) If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.
(5) If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable may arrest that person without warrant.
(6) Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—
(a) refuses or fails to comply with a request under subsection (3) or subsection (4); or
(b) gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.
(7) Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.
(8) The Director or a person authorised by the Director—
(a) may deliver an infringement notice (or a copy of it) to the defendant personally; or
(b) may send it (or a copy of it) to the defendant by post addressed to the defendant’s last known place of residence or business.
Section 65P: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65P(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 65P(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 65P(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
65Q Form of infringement notice
(1) An infringement notice under section 65P must be in the prescribed form, and must specify—
(a) enough details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
(b) the amount of the infringement fee specified in respect of that offence in subsection (2); and
(c) where the fee may be paid; and
(d) the time within which the fee may be paid; and
(e) how and where payment may be made under section 65R; and
(f) a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957 apply to the offence alleged; and
(g) that the defendant has a right to request a hearing; and
(h) a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and
(i) any other particulars as are prescribed by regulations made under this Act.
(2) The infringement fee is,—
(a) in the case of an offence against section 65I(1)(a), $1,000:
(b) in the case of an offence against section 65I(1)(b), $600:
(c) in the case of an offence against section 65L, $500:
(d) in the case of an offence against section 65M, $500:
(e) in the case of an offence against section 65N, $500:
(f) in the case of an offence against section 65O, $500.
Section 65Q: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
65R Payment of fees
(1) If an infringement notice under section 65P (or a copy of it) is served by delivering it to the defendant on arrival at an international airport for an offence on an international flight, the defendant may choose to pay immediately the infringement fee in the manner specified in the notice.
(2) All infringement fees received in respect of an infringement notice under section 65P, whether immediately after service or later, must be paid into a Crown Bank Account.
Section 65R: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).
Section 65R(2): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
65S Filing of notices
(1) The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P, in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957, after a period of 14 days from the date of service of the infringement notice, or a copy of the infringement notice, if—
(a) the infringement fee for the offence has not by then been paid to the Director as specified in the notice; and
(b) the Director has not by then received at the address specified in the notice a notice requesting a hearing in respect of that offence.
(2) If an infringement notice under section 65P has been issued and served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—
(a) the reference in section 21(1 )(b) to providing particulars of a reminder notice under that section were a reference to providing particulars of the infringement notice under subsection (1) of this section; and
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