Aviation Security
Cody C made this Official Information request to Civil Aviation Authority of New Zealand
The request was successful.
From: Cody C
Dear Civil Aviation Authority of New Zealand,
Has the CAA conducted any investigation into Secureflight Limited ("Secureflight")? If so, please provide all reasonably available documents, memos or otherwise pertaining to Secureflight.
What is the legal status of Secureflight given that the organisation conducts searches within secure areas of airport(s) of passengers before boarding flights to ports of the USA?
Please also give special consideration to:
* the fact that Secureflight is not a Part 140 Aviation Security Organisation
* Section 55 of the Civil Aviation Act ("Personation or obstruction of aviation security officer")
* Secureflight employees remain in a secure airport area without the intention to depart on a flight
For the purposes of the Act, I am a New Zealand citizen and residing in New Zealand at the time of making this request. You generally have 20 working days to respond to this notice, as required by law. Your response will be published publicly on the fyi.org.nz website.
Yours faithfully,
Cody C
From: OIA
Civil Aviation Authority of New Zealand
Dear Cody,
Official Information Act 1982 (the Act) Request
I am writing to acknowledge receipt of your request, received on Friday 28
April 2017, in which you asked for information concerning Secureflight
Limited.
The CAA would like proof of eligibility to make a request pursuant to
section 12 of the Act. Could you please email a copy of a passport,
drivers licence or document with name & address on it through to
[1][CAA request email].
We will endeavour to respond to your request as soon as practicable and
before 26 May 2017, being 20 working days after the day your request was
received.
If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.
If you have any queries, please feel free to contact me on 04-5609472, or
by email on [2][email address].
If any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be taken
into account.
Thanks,
Tom Wheeler | Official Information & Privacy Advisor
Legal Services
Civil Aviation Authority of New Zealand | Aviation Security Service
Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi
Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011
PO Box 3555 | Wellington | 6140
(DDI): (04) 560 9472 (Ext): 4472
[3]image002 (2) [4]avsecSeal
CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.
show quoted sections
From: Cody C
Dear Tom Wheeler,
Thank you for the prompt acknowledgement.
> The CAA would like proof of eligibility to make a request pursuant to section 12 of the Act.
As originally stated in my request, I am a New Zealand Citizen at the time of making this request which is enough to satisfy the requirements of Section 12 of the Act:
Any person, being—
(a) a New Zealand citizen; or
(b) a permanent resident of New Zealand; or
(c) a person who is in New Zealand; or
(d) a body corporate which is incorporated in New Zealand; or
(e) a body corporate which is incorporated outside New Zealand but which has a place of business in New Zealand,—
may request a department or Minister of the Crown or organisation to make available to him or it any specified official information.
If you intend to decline the OIA on this basis, please provide the relevant section of the Act which enables you to do so. I note that Section 18 would not generally provide for this.
Yours sincerely,
Cody C
From: OIA
Civil Aviation Authority of New Zealand
Dear Cody,
The CAA is making reasonable enquiries to establish that you are eligible
to make a section 12 request.
As suggested in the Ombudsman’s guide ‘Requests made online’, the CAA has
asked for proof of eligibility early and has provided a direct means of
communication to reduce privacy concerns with an online forum.
Please note that your statement that you are eligible has not satisfied
the CAA that you are eligible, and your request will not be processed
until your eligibility has been appropriately established.
Thanks,
Tom Wheeler | Official Information & Privacy Advisor
Legal Services
Civil Aviation Authority of New Zealand | Aviation Security Service
Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi
Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011
PO Box 3555 | Wellington | 6140
(DDI): (04) 560 9472 (Ext): 4472
[1]image002 (2) [2]avsecSeal
CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.
show quoted sections
From: Cody C
Dear Tom Wheeler,
I have looked at the document that you have supplied from the Ombudsman and quote directly from the article:
> Requesters should consider offering details of the basis for their eligibility (for example, ‘I am eligible to make this request because I am a New Zealand citizen’)
If the Ombudsman considers this to be sufficient, then I would as well. Can you please confirm that, following our phone call, you will be completing this OIA request without delay?
Yours sincerely,
Cody C
From: Tom Wheeler
Civil Aviation Authority of New Zealand
17/OIR/205
Dear Mr Cooper,
Official Information Act 1982 Request
I refer to your request submitted via FYI.org.nz on 28 April 2017
requesting the following information from the Civil Aviation Authority
(CAA):
· has the CAA conducted any investigation into Secureflight
Limited ("Secureflight")? If so, please provide all reasonably available
documents, memos or otherwise pertaining to Secureflight; and
· what is the legal status of Secureflight, giving consideration
to a list of factors?
Investigation into Secureflight
The CAA has not conducted any investigation into Secureflight.
Legal Status of Secureflight
Secureflight is an organisation that is independent from, and unrelated
to, the CAA and does not hold an aviation document.
If you have any queries about your request, please contact me at
[1][CAA request email] or on (04) 560 9472.
Regards,
Tom Wheeler | Official Information & Privacy Advisor
Legal Services
Civil Aviation Authority of New Zealand | Aviation Security Service
Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi
Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011
PO Box 3555 | Wellington | 6140
(DDI): (04) 560 9472 (Ext): 4472
[2]image002 (2) [3]avsecSeal
CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.
show quoted sections
From: Cody C
Dear Tom Wheeler,
Thank you for your reply. I am not satisfied with the second answer to this request, so I hope to clarify this question as follows.
Does the Civil Aviation Act require a person conducting searches of persons and "which operates within the security enhanced areas at designated Aerodromes" (outside of Avsec) to hold any aviation document or become a Part 140 Aviation Security Organisation?
May anyone declare themselves to be able to search persons at an airport in a security enhanced area without any further qualifications? i.e. the government of Australia may employ personnel in a New Zealand airport to search people in a security enhanced area
Yours sincerely,
Cody C
From: Tom Wheeler
Civil Aviation Authority of New Zealand
Dear Mr Cooper,
I refer to your further question directed to the Civil Aviation Authority
(CAA) on 5 June 2017, in which you clarified an earlier question
concerning the requirements of the Civil Aviation Act 1990 and part 140 of
the Civil Aviation Rules (CAR) in relation to searching airline
passengers.
International states have differing security requirements imposed on
domestic and international aircraft operating within their state. States
may place obligations on airlines operating within their territory to meet
those requirements. When these requirements are on the state (NZ) then
they would become a duty required to be undertaken by a CAR part 140
certificate holder. If it is a requirement imposed on an airline, then
airlines may undertake this role themselves or contract 3rd party
providers to cover these requirements. In New Zealand, if services are not
mandated by either the Civil Aviation Act 1990 or CAR part 140 then the
provider of those services are not required to hold a part 140 document.
For any further queries please contact me at [email address] or on
(04) 560 9472.
Thanks,
Tom Wheeler | Official Information & Privacy Advisor
Legal Services
Civil Aviation Authority of New Zealand | Aviation Security Service
Te Mana Rererangi Tūmatanui o Aotearoa | Kaiwhakamaru Rererangi
Level 15 | Asteron Centre | 55 Featherston Street | Wellington | 6011
PO Box 3555 | Wellington | 6140
(DDI): (04) 560 9472 (Ext): 4472
[1]image002 (2) [2]avsecSeal
CONFIDENTIALITY NOTICE: This electronic mail transmission is confidential,
may be privileged and should be read or retained only by the intended
recipient. If you have received this transmission in error, please
immediately notify the sender and delete it from your system.
show quoted sections
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- Download a zip file of all correspondence
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