VZCZCXRO4812
RR RUEHNZ
DE RUEHWL #0250 0841937
ZNR UUUUU ZZH
R 251937Z MAR 07
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC 4070
INFO RUEHNZ/AMCONSUL AUCKLAND 1259
RUEHBY/AMEMBASSY CANBERRA 4795
RUEHDN/AMCONSUL SYDNEY 0515
RUEHOT/AMEMBASSY OTTAWA 0282
RUEHMT/AMCONSUL MONTREAL 0018
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RULSDMK/DEPT OF TRANSPORTATION WASHDC
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RHMFIUU/TSA HQ WASHINGTON DC

UNCLAS WELLINGTON 000250 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EB/TRA/OTP, EAP/ANP - DAN RICCI, DHS/FAMS 
SYDNEY FOR TSA REP, MONTREAL FOR ICAO REP 
 
E.O. 12985:  N/A 
TAGS: EAIR PGOV PTER KTIA PREL NZ
SUBJECT:  MEDIA REACTION TO NEW ZEALAND'S AVIATION SECURITY 
LEGISLATION. 
 
 
¶1. (U) This message contains an action request at paras 2 and 5. 
 
¶2. (SBU) Summary: In compliance with International Civil Aviation 
Organization (ICAO) requirements, the GNZ recently introduced 
Aviation Security Legislation which will enhance the powers of 
airport security officials and strengthen background checks on 
screeners and other airport personnel.  The bill would also allow 
foreign international carriers to arrive and depart New Zealand with 
air marshals on board.  The marshals' provision has generated a 
series of biased local media reports and comments by non-Government 
MPs claiming that foreign governments will be able to place armed 
marshals on board New Zealand carriers. The reports also claim that 
the GNZ is taking this step to curry favor in Washington. Post has 
not yet received press inquiries about the stories but likely will 
soon.  We request Washington provide contingency guidance.  End 
summary. 
 
¶2. (SBU) In the past week, news media in New Zealand have  put a 
somewhat dramatic (and erroneous) spin on the Government's recently 
introduced legislation to enhance New Zealand's civil aviation 
security measures. The reports follow the March 13th announcement by 
Minister of Transport Safety, Harry Duynhoven that the government's 
new legislation is intended to strengthen aviation security to 
comply with ICAO standards.   He also stressed that the legislation 
would not require NZ to accept marshals, but allow the Government to 
do so in response to specific, credible threats.  On March 14, the 
New Zealand Herald announced that as a result of the legislation, 
"foreign armed marshals will be allowed on to Air New Zealand 
international flights" and linked the move to the PM's March 20-21 
trip to Washington.   On March 21, the Dominion Post repeated the 
misinformation about the legislation, and also suggested that the 
timing of the legislation was meant to coincide with Prime Minister 
Clark's visit to Washington in an attempt to curry favor. Post has 
kept TSA rep, Penny Anderson located in Sydney, apprised of these 
developments. 
 
Fact vs. Fiction 
---------------- 
 
¶3. (SBU) The "Aviation Security Legislation Bill" amends the 
Aviation Crimes Act 1972 and the Civil Aviation Act 1990. The 
proposals include providing aviation security officers with search 
and seizure powers within specified limits, enabling the screening 
and searching of airport staff, strengthening provisions for 
checking the background of people working in areas critical to 
aviation security and providing appropriate natural justice 
provisions for people whose backgrounds are checked. The section of 
the bill attracting media attention enables foreign in-flight 
security officers to enter and depart New Zealand and enabling New 
Zealand to deploy in-flight security officers, should the government 
decide to do so. 
 
¶4. (SBU) Rebecca Gallagher-Scott, Senior Advisor at the Ministry of 
Transport confirmed that the legislation does not speak to "foreign" 
air marshals being permitted on New Zealand carriers but does allow 
foreign carriers on international flights to arrive and depart with 
air marshals onboard. The ruling Labor Party expects the 
legislation, which has already passed its first reading, to pass 
with the support of the National Party. The Green Party is the only 
party on record opposing the bill.  Said MP Keith Locke, "In the 
years since the U.S. put air marshals on planes they've not dealt 
with any terrorist but have terrorized many passengers."  (NB: 
Oddly, the Dom Post article said the National Party's John Hay also 
linked the legislation to the PM's U.S. visit.  Post will raise our 
concern about this misinformation with National Party contacts.) 
 
Requested Guidance 
------------------ 
 
¶5. (SBU) Post anticipates that as the bill approaches passage it 
will attract more media attention.  We request guidance, 
particularly including information about the successful 
implementation of the air marshal program in other ICAO countries. 
 
McCormick