Aviation Security Legislation Bill - Second Reading

The aims of the Aviation Security Legislation Bill are to improve New Zealand's legislative framework, and ensure New Zealand complies with international requirements and can continue to exchange flights with other countries.

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Madam Speaker, I move that the Aviation Security Legislation Bill be read a second time. The Bill was introduced to Parliament in March 2007.

Since September 2001, significant changes have taken place in aviation security, and New Zealand has responded well to the challenges of the new environment. Madam Speaker, aviation security calls for measures that can respond to dynamic and sophisticated threats. This Bill meets these demands by enhancing and strengthening New Zealand's civil aviation security measures.

The Bill improves New Zealand's legislative framework, and ensures New Zealand complies with international requirements and can continue to exchange flights with other countries.

As reported back from the Transport and Industrial Relations select committee, the Bill retains the provisions that:

- 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 do not carry passengers who refuse to be searched;

- 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 critical areas;

- Provide a general regulation making power so that the law is able to quickly respond to new aviation security matters;

- Provide a power for aviation security officers to search for, seize and dispose of items that are prohibited or restricted from being taken on aircraft. The committee has made a very useful amendment to the provisions for seizing such items.

I would like to thank the select committee for their consideration and positive suggestions regarding the seizure provisions. The Bill formalises the requirements for dealing with potential weapons. It provides a clear system for passengers and industry, to ensure no potential weapons are carried in the cabin of aircraft.

Originally, the Bill provided that Aviation Security Officers would make a record of seized prohibited items and pass the items to airlines to hold for thirty days. During submissions to the select committee, industry provided insights into difficulties with this requirement. Industry was concerned that making a record of seized items, and requiring airlines to hold them for thirty days, would be unmanageable when numerous low-value items, such as liquids, aerosols and gels, are seized.

These requirements risked delays at the screening point. To ensure both efficiency and security, the committee recommended removing the requirement in the Bill to record and hold items, and replacing it with a power to dispose of seized items. The Bill has been amended to give effect to this recommendation.

Madam Speaker, I would like to acknowledge that the committee accepted the need to future-proof New Zealand's legislation by including provisions in the Bill for in-flight security officers. I would also like to thank the committee for its hard work on this issue.

The Bill contains future-proofing provisions to allow foreign in-flight security officers to enter and depart New Zealand, and if the government decides it is necessary in the future, to allow New Zealand in-flight security officers to be deployed.

Submitters raised the useful point that if New Zealand in-flight security officers were ever deemed necessary, it would be desirable to consider industry views. A mechanism for the Director of Civil Aviation to do this has been inserted into the Bill.

Although it was a sensitive issue, industry supported the Bill's in-flight security officer provisions, and agreed these provisions are necessary for New Zealand to continue flying to other countries. I am confident the Bill deals with this issue in the best way possible.

I thank the committee for its hard work and careful scrutiny of the new regulation making power. The general regulation making power will ensure that the law is able to quickly respond to new aviation security matters.

The committee has recommended amendments to improve the regulation making power. These amendments make the scope of the power more specific, and clarify the relationships between the various forms of delegated legislation made under the Civil Aviation Act.

I am confident that the regulation making power is legally robust and at the same time allows New Zealand to respond to threats requiring immediate attention.

We have all come to accept security measures as a necessary part of international travel.

The Bill contains amendments to widen existing search powers, allowing Avsec officers to request passengers to remove an outer garment, such as shoes or coats, so that those garments can be searched.

Naturally, some members of the public may feel anxious about these provisions. This was reflected in submissions to the committee. Submissions identified the significance of garments such as turbans for some groups, noting that any contact or removal would be a very sensitive issue.

The committee sought reassurance that these concerns are reflected in operational practice.

Madam Speaker, the training and operational procedures of Avsec's frontline staff emphasise the importance of maintaining a person's privacy and being sensitive to the person's needs.

Avsec deals with people of many cultures and religions on a daily basis, and is experienced in meeting their needs, while still maintaining aviation security standards.

Members may also be aware of recent media attention on new body scanning technology being used in other countries, which presents an unclothed image of passengers. The committee requested that this issue be reviewed in terms of whether this technology would be able to be used in New Zealand under the Bill.

After further thought, I consider that it is desirable to clarify that body scanning technology that presents an unclothed image of specific passengers cannot be used. A Supplementary Order Paper has been tabled to address this.

I would like to finish by thanking the members of the Transport and Industrial Relations Committee and Hon. Mark Gosche for his excellent chairing. I would also like to offer my gratitude to the Ministry of Transport, the Civil Aviation Authority, the Aviation Security Service, the New Zealand Police and the Ministry of Justice who have all contributed a great deal of hard work and expertise towards this Bill.

Madam Speaker, I am confident that this Bill meets the challenges of the modern aviation security environment. It will allow members of the travelling public to travel with peace of mind, and will allow New Zealand to continue to play its part in the international aviation scene.

As such I commend it, as reported back by the Transport and Industrial Relations Committee, to the House.

ENDS

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