Civil Aviation Amendment Act 2004

1: Title
1: This Act is the Civil Aviation Amendment Act 2004.
2: In this Act, the Civil Aviation Act 1990 the principal Act
1: Preliminary provisions
2: Commencement
1: Sections 4(1) 6 7(1) (2) 8 9 10(1) 11 13 14(1) to (4) (6) to (8) 16 17 19 20 29(1) 29(2) 31 32 33(1) 41(1) Part 1 ; and 1 or more Orders in Council may be made appointing different dates for different provisions
2: Section 36
3: The rest of this Act comes into force on 1 June 2004. Subsection (1) amended 15 December 2005 3(1) Civil Aviation Amendment Act 2005 by substituting the expression 29(1), 29(2) 29 Subsection (1) amended 15 December 2005 3(2) Civil Aviation Amendment Act 2005 by inserting the words ; and 1 or more Orders in Council may be made appointing different dates for different provisions
3: Purpose
The purpose of this Act is to—
a: implement the ANZA mutual recognition agreements; and
b: deter, and provide penalties for, certain types of unruly behaviour that may occur on an aircraft; and
c: amend the principal Act by incorporating, with modifications, the provisions of New Zealand law relating to civil liability for delay suffered by passengers during domestic carriage by air currently located in Part 2 of the Carriage by Air Act 1967
d: repeal the Carriage by Air Act 1967
e: amend the principal Act to include a number of miscellaneous changes.
2: Amendments to principal Act and related provisions
4: Interpretation
1: Section 2 ANZA ANZA mutual recognition agreements section 100(1)(ed) Australia Australian AOC with ANZA privileges section 3(1) of the Civil Aviation Act 1988 (Aust) Australian temporary stop notice section 3(1) of the Civil Aviation Act 1988 (Aust) CASA
a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust)
b: any successor of that Authority New Zealand AOC with ANZA privileges section 11G New Zealand temporary stop notice section 11C(1) .
2: Section 2 dangerous goods dangerous goods
a: are listed in, or classified in accordance with, the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air ; or
b: have properties that would result in the articles or substances being classified as dangerous goods under the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air .
3: Section 2 unruly passenger offence
a: means an offence against Part 5A
b: includes an offence to which section 65C
5: Application of Act
Section 4(1) section 53A , Part 5A
6: Grant or renewal of aviation document
Section 9(1) paragraph (b)
ba: in the case of a New Zealand AOC with ANZA privileges,—
i: the requirements in section 11G(2)
ii: the applicant meets or will meet the conditions in section 11G(4)
7: Criteria for fit and proper person test
1: Section 10(1)
g: in the case where a New Zealand AOC with ANZA privileges applies, the person's compliance with the conditions specified in section 11G(4)
2: Section 10(4)(a) and (f) (f), and (g)
3: Section 10 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that he or she may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
8: New
Part 1A The principal Act is amended by inserting, after Part 1
1A: ANZA mutual recognition
Preliminary provisions
11A: Purpose
The purpose of this Part is to implement the ANZA mutual recognition agreements. Australian AOCs with ANZA privileges
11B: Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
1: The holder of an Australian AOC with ANZA privileges may conduct air operations to, from, or within New Zealand if the holder provides the Director with—
a: a copy of the Australian AOC with ANZA privileges; and
b: written notice of the following:
i: the details of all conditions imposed by CASA in relation to the Australian AOC with ANZA privileges; and
ii: the holder's Australian—
A: business address; and
B: telephone number; and
C: fax number (if any); and
iii: the holder's New Zealand—
A: business address; and
B: telephone number; and
C: fax number (if any); and
iv: the holder's email address (if any); and
v: any other prescribed information; and
c: the holder's consent in writing to the making of inquiries to, and the exchange of information with, CASA regarding that holder's civil aviation activities.
2: A holder of an Australian AOC with ANZA privileges must ensure that the Director is advised of every alteration to the Australian AOC with ANZA privileges or to the information provided by the holder to the Director within 7 days of the date on which the alteration is made.
11C: New Zealand temporary stop notice
1: The Director may give the holder of an Australian AOC with ANZA privileges a written temporary stop notice that requires the holder to cease conducting all or any air operations in New Zealand for the period (which must not be more than 7 days) specified in the notice.
2: The Director may issue a New Zealand temporary stop notice only if the Director considers that, as a result of the holder conducting all or any air operations in New Zealand, there is a serious risk to civil aviation safety in New Zealand.
3: Immediately on receiving a New Zealand temporary stop notice, the holder must cease conducting the air operations specified in the notice in New Zealand for the period specified in the notice.
4: The Director may not delegate the power to issue or revoke a New Zealand temporary stop notice.
5: The Director may amend or revoke a New Zealand temporary stop notice before the period specified in that notice has expired.
6: The Director must revoke a New Zealand temporary stop notice if the Authority receives notification from CASA of the Director of CASA' s response to the New Zealand temporary stop notice.
11D: Contents of New Zealand temporary stop notice
1: A New Zealand temporary stop notice must specify—
a: the reasons why the Director considers that there is a serious risk to civil aviation safety in New Zealand; and
b: the period for which the holder of the Australian AOC with ANZA privileges must cease conducting air operations in New Zealand.
2: Failure to comply with subsection (1)
11E: Director to notify CASA about New Zealand temporary stop notice
As soon as practicable after giving a New Zealand temporary stop notice to the holder of an Australian AOC with ANZA privileges, the Director must give CASA a copy of the notice and any other information that CASA may require. AOCs with ANZA privileges
11F: Requirements for AOCs with ANZA privileges
1: Whenever the Director makes a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director must take into account all relevant Australian and New Zealand regulatory requirements in relation to New Zealand AOCs with ANZA privileges.
2: In making a decision under this Act in relation to a New Zealand AOC with ANZA privileges, the Director—
a: must, if appropriate, consult CASA; and
b: may take into account any of the following items that the Director receives from CASA:
i: advice:
ii: guidelines:
iii: recommendations:
iv: other relevant information.
11G: Grant of New Zealand AOC with ANZA privileges
1: The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia.
2: Before the Director may grant a New Zealand AOC with ANZA privileges, the Director must—
a: be satisfied that the air operator will be conducting air operations to, from, or within New Zealand; and
b: receive from the licensing authority written confirmation that, if the New Zealand AOC with ANZA privileges is issued to the air operator, the licensing authority considers that the air operator will be eligible to conduct air operations in Australia under the air services arrangements in place between Australia and New Zealand; and
c: be satisfied that the air operator has complied with, or is capable of complying with, all the relevant requirements of the Civil Aviation Act 1988 (Aust)
d: consult with CASA.
3: A New Zealand AOC with ANZA privileges may be granted by amending an appropriate existing aviation document or by granting an appropriate new aviation document.
4: A New Zealand AOC with ANZA privileges is subject to the conditions that the holder—
a: must conduct air operations to, from, or within New Zealand; and
b: must not hold an Australian AOC with ANZA privileges authorising the holder to conduct air operations that are covered by the New Zealand AOC with ANZA privileges; and
c: must comply with all the requirements of the Civil Aviation Act 1988 (Aust)
d: must undertake the supervision of its management systems from or within New Zealand; and
e: must ensure that the training and supervision of its employees is principally undertaken from or within New Zealand; and
f: must ensure that the majority of resources associated with the exercise of the privileges of the AOC are situated within New Zealand; and
g: must ensure that the people who control the exercise of the privileges of the AOC spend the majority of their time in New Zealand.
5: A New Zealand AOC with ANZA privileges may be issued on any other conditions that the Director thinks appropriate.
6: In subsection (2) licensing authority Part 8A
11H: Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
1: After the Director receives notification from CASA that CASA has given the holder of a New Zealand AOC with ANZA privileges an Australian temporary stop notice, the Director must—
a: immediately consider the circumstances that gave rise to the giving of the notice; and
b: decide, as soon as practicable and in accordance with the ANZA mutual recognition agreements, whether he or she should—
i: suspend in whole or in part the New Zealand AOC with ANZA privileges under section 17
ii: revoke in whole or in part the New Zealand AOC with ANZA privileges under section 18
iii: impose conditions on the New Zealand AOC with ANZA privileges under section 17 or section 18
iv: take any other action in relation to that New Zealand AOC holder.
2: The Director must notify CASA of his or her decision and of any action taken.
11I: Change of country of certification
1: This section applies if the Director believes on reasonable grounds that—
a: it would be in the interests of Australian and New Zealand civil aviation safety for the holder to conduct air operations in the Australian civil aviation system; and
b: the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4)
2: If this section applies, the Director must—
a: consult with CASA; and
b: notify the holder—
i: that the Director believes on reasonable grounds that the holder is no longer able to comply with all the conditions specified in section 11G(4)
ii: of the grounds for the Director's belief; and
c: allow the holder at least 90 days from the date of the Director's notification under paragraph (b)
3: If, after the process referred to in subsection (2)
a: amend the New Zealand AOC with ANZA privileges:
b: withdraw the privileges attaching to the AOC.
4: Any person in respect of whom a decision is taken under subsection (3) section 66
11J: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority
An employee of the Authority may, subject to any directions from the Director of CASA, perform any function or exercise any power delegated to that employee under the Civil Aviation Act 1988 (Aust)
9: Director may require or carry out safety and security inspections and monitoring
1: Section 15(1)(a) aviation document or an Australian AOC with ANZA privileges
2: Section 15 subsection (1)
1A: In the case of an Australian AOC with ANZA privileges, the Director may only carry out inspections and monitoring at the request of CASA.
3: Section 15 subsection (2)
2A: The Director may, in respect of a holder of a New Zealand AOC with ANZA privileges, carry out in Australia any inspections and monitoring that the Director considers necessary in the interests of civil aviation safety.
10: Power of Director to suspend aviation document or impose conditions
1: Section 17(1) ; or
e: in the case of a holder of a New Zealand AOC with ANZA privileges, has received from the Director of CASA a copy of an Australian temporary stop notice given to the holder.
2: Section 17(4)
e: impose permanent conditions under section 18
3: Section 17(4A)
a: by inserting, after the words aviation document , or notice of the proposed imposition of permanent conditions,
b: by inserting, after the word document or to impose permanent conditions on the document
11: Power to revoke aviation document or impose conditions
Section 18 subsection (1)
1A: Without limiting subsection (1)
a: has been advised by the Director of CASA that CASA has given the holder of the document an Australian temporary stop notice; and
b: considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety.
12: Criteria for action taken under
section 17 18 Section 19 subsection (7)
7: If the Director determines not to disclose any information in reliance on subsection (6)
a: in the case of non-disclosure to an individual of information about the individual,—
i: inform the individual that the individual may, under the Privacy Act 1993
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act
b: in any other case,—
i: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act
13: Delegation of Authority's or Director's functions or powers to persons outside Authority
Section 23B subsection (2)
2A: Any function or power that may be delegated under subsection (2)
14: General power of entry
1: Section 24(1) rules made under this Act or for the purpose of the ANZA mutual recognition agreements
2: Section 24 subsection (1)
1A: In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1)
3: Section 24(2) paragraph (a)
ab: in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or
4: Section 24(2)(b) document or Australian AOC with ANZA privileges
5: Section 24(3) authorised to have access to or
6: Section 24(3)(a) Act or, in the case of an Australian AOC with ANZA privileges, under Australian law
7: Section 24(3) paragraph (b)
b: must, if a document is surrendered under paragraph (a)
8: Section 24(6) ; and
c: in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.
15: Interpretation
Section 27A(1) medical certificate medical certificate
a: issued by the Director under this Part to an applicant or licence holder; or
b: recognised by the Director under the rules .
16: Power of Minister to make ordinary rules
Section 28(1) paragraph (a)
ab: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: .
17: Rules relating to general matters
Section 30 paragraph (c)
ca: to provide for the privileges of an air operator certificate to include conducting air operations in Australia: .
18: Procedures relating to rules
1: Section 32(1) paragraph (c)
c: set out fully the requirements of the rule, except where certain information is, under section 36
2: Section 32(2) paragraph (c)
c: set out fully the requirements of the rule, except where certain information is, under section 36
19: Matters to be taken into account in making rules
Section 33(2) paragraph (g)
g: the international circumstances in respect of—
i: aviation safety and security; and
ii: mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements: .
20: New
sections 46D 46E The principal Act is amended by inserting, after section 46C
46D: Failure to provide information to Director relating to Australian AOCs with ANZA privileges
1: Every person commits an offence who conducts an air operation in New Zealand while in breach of section 11B(1) or (2)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate, to a fine not exceeding $25,000.
46E: Failure to cease conducting air operations in New Zealand
1: Every person commits an offence who fails to comply with section 11C(3)
2: Every person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
21: Communicating false information or failing to disclose information relevant to granting or holding of aviation document
Section 49(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
22: Carrying on scheduled international air service without licence or contrary to licence
Section 49A(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
23: Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
Section 49B(2)
a: omitting from paragraph (a) $3,000 $6,000
b: omitting from paragraph (b) $15,000 $30,000
24: Failure to notify accident or incident
Section 52B subsection (2)
2: Every pilot-in-command or operator who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or
b: in the case of a body corporate, to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.
25: Failure to provide identifying information
Section 52C(2)
a: omitting from paragraph (a) $5,000 $10,000
b: omitting from paragraph (b) $30,000 $50,000
26: Infringement offences
1: Section 57(1) or an offence against a provision specified in section 65Q(2)
2: Section 57(2) Where Subject to section 65P
27: Offences to be punishable on summary conviction
Section 65(1) of this Act and Part 5A
28: New
Part 5A The principal Act is amended by inserting, after Part 5
5A: Unruly passenger offences
Preliminary provisions
65A: Application of this Part
1: This Part applies to any unruly passenger offence committed—
a: on an aircraft in New Zealand, regardless of the nationality of the aircraft:
b: outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand.
2: For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation.
3: Despite subsection (2)
4: A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies—
a: the name of, and the office or offices held by, that person; and
b: the powers and functions that the person is authorised to exercise under this Part.
5: A member of the police may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part.
6: For the purposes of this Part, person authorised by the Director
65B: Liability for offences against this Part despite extraterritoriality
Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand.
65C: Liability for offences under
Summary Offences Act 1981
1: Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 Summary Offences Act 1981
2: To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 Summary Offences Act 1981
65D: Foreign aircraft outside New Zealand
1: An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if—
a: the pilot-in-command—
i: makes a request in the prescribed form to the Director or a person authorised by the Director to issue an infringement notice or to commence proceedings; and
ii: provides an undertaking in the prescribed form that he or she (or the operator of the aircraft) has not made or will not make a similar request to the authorities of any other state; and
b: in the case of proceedings, the Attorney-General consents.
2: To avoid doubt, a person may, in respect of an unruly passenger offence, be arrested, charged, remanded in custody, or released on bail before the Attorney-General decides whether or not to consent to proceedings.
3: Despite subsection (1)(b)
a: a copy of the infringement notice is filed under section 65S(1)
b: the defendant requests a hearing in respect of the infringement offence to which the infringement notice relates.
4: In any proceedings for an offence under this Part, the pilot-in-command' s request and undertaking, if made in the prescribed form or forms, are—
a: admissible in evidence; and
b: in the absence of proof to the contrary, sufficient evidence of the matters stated in the form or forms.
65E: Proceedings for offences
1: Subject to section 65Q(2) sections 65F and 65G(1)(d)
2: The offences specified in sections 65F and 65G(l)(d)
3: Despite anything to the contrary in the Summary Proceedings Act 1957 subsection (1)
4: Subject to section 65C Unruly passenger offences
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)
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)
3: Every person who commits an offence against subsection (1)(d)
4: It is a defence in a prosecution under subsection (1)(a)
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)
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.
2: Every person who commits an offence against—
a: subsection (1)(a)
b: subsection (1)(b)
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 an intoxicating liquor, or 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
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.
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
2: Despite section 28(6) subsection (1)
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)
3: It is a defence in a prosecution under subsection (1)(b)
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) subsection (1)
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)
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)
3: In subsection (1) to smoke section 96A(1)
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) subsection (1)
65P: Procedure for certain unruly passenger offences
1: If any offence specified in section 65Q(2) defendant
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 for the alleged offence under the Summary Proceedings Act 1957
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)
4: If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3)
5: If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4)
6: Every person commits an offence and is liable on summary 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)
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)
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.
65Q: Form of infringement notice
1: An infringement notice under section 65P
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)
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
f: a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957
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)
b: in the case of an offence against section 65I(1)(b)
c: in the case of an offence against section 65L
d: in the case of an offence against section 65M
e: in the case of an offence against section 65N
f: in the case of an offence against section 65O
65R: Payment of fees
1: If an infringement notice under section 65P
2: All infringement fees received in respect of an infringement notice under section 65P
65S: Filing of notices
1: The Director or a person authorised by the Director may file in a District Court a copy of the infringement notice under section 65P
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: The copy of the infringement notice filed under subsection (1)
3: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2) of that Act
a: the reference in section 21(1)(b) subsection (1) of this section
b: subsection (1) of this section section 21(3)
c: the reference in section 21(3A) section 21(3) subsection (1) of this section
d: the reference in section 21(5) section 21(3) subsection (1) of this section
e: the reference in section 21(6)(b) and (10)(a)
f: the references to reminder notices in the definition of defendant in sections 2 and 78B
4: Despite section 203(1) of the Summary Proceedings Act 1957 section 65P
5: For the purpose of subsection (1)
65T: Savings
1: Nothing in this Part applies to any—
a: proceedings commenced before the commencement of this Act; or
b: cause of action that arose before the commencement of this Act; or
c: act or omission that occurred before the commencement of this Act.
2: All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force.
29: Appeal to District Court
1: Section 66(5)
e: concerning the issue of a medical certificate under section 27B subsection (5)(b) of that section
f: to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a)
g: to disqualify a licence holder under section 27I(7)(c)
h: to revoke a medical certificate under section 27I(7)(d) and (11)
i: concerning the implementation of the results of a report by the convener under section 27L or section 27M
2: Section 66(5)
j: to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3) Section 29 substituted 15 December 2005 4 Civil Aviation Amendment Act 2005
30: Civil Aviation Authority of New Zealand established
Section 72A(2) who shall be New Zealand citizens or permanent residents of New Zealand
31: Functions of Authority
Section 72B(2)
j: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries.
32: Director of Civil Aviation
Section 72I subsection (3C)
3D: The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.
33: Civil Aviation Registry
1: Section 74(2) paragraph (a)
ab: every Australian AOC with ANZA privileges: .
2: Section 74
4: Subsection (3) Privacy Act 1993
34: Powers and duties of Minister to require screening
Section 77A subsection (5)
5A: A direction is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
35: Powers and duties of Director to require screening
Section 77B subsection (5)
5A: A direction is not a regulation for the purposes of the Acts and Regulations Publication Act 1989
36: Functions and duties of Aviation Security Service
Section 80 paragraph (e)
ea: to provide security support services to the police when requested by the Commissioner of Police, but only subject to the following conditions:
i: the Commissioner of Police is satisfied that the provision of those services to the New Zealand Police is necessary to enable the New Zealand Police to carry out its security duties; and
ii: the Aviation Security Service is satisfied that the provision of those services to the New Zealand Police will not compromise aviation security: .
37: New
Part 9B The principal Act is amended by inserting, after Part 9A
9B: Domestic carriage by air
91U: Interpretation
1: In this Part, unless the context otherwise requires,— actual carrier
a: performs the whole or part of the carriage contracted for by the contracting carrier with the authority of the contracting carrier; but
b: is not, in relation to that carriage, a successive carrier aeroplane carrier contract contracting carrier
a: means a person who, as a principal, makes a contract for carriage with a passenger, or with a person acting on behalf of the passenger; and
b: includes a successive carrier international carriage
a: within the territories of 2 countries; or
b: within the territory of a single country if there is an agreed stopping place within the territory of another country passenger
a: assigned by the carrier for duty as a member of the crew of the aeroplane; or
b: carried for the sole purpose of receiving or giving instruction in the control or navigation of an aeroplane in flight successive carrier
a: is performed by 2 or more persons in successive stages; and
b: has been regarded by the parties as a single operation, whether it has been agreed on by a single contract or by 2 or more contracts.
2: If any question arises as to whether or not an actual carrier has authority from a contracting carrier to perform any carriage, that authority is, in the absence of proof to the contrary, to be presumed. 1967 No 151 s 18
91V: Application of this Part
1: This Part applies to any carriage by air (other than international carriage) in which, according to the contract between the parties,—
a: the place of departure and the place of destination are both in New Zealand; and
b: there is no agreed stopping place outside New Zealand.
2: Subsection (1)
a: the aeroplane in which the carriage takes place is at the same time engaged in international carriage; or
b: the contract for the carriage of any passenger is made without consideration.
3: This section applies subject to section 91W 1967 No 151 s 19(1)
91W: Exclusions
1: This Part does not apply to any carriage by air by an aeroplane while it is being used solely for military purposes by the Armed Forces.
2: This Part does not apply to any carriage by air on a single flight in respect of which, according to the contract between the parties, the place of departure and the intended place of destination are the same. 1967 No 151 s 19(3), (4)
91X: Provisions if carriage performed by actual carrier—
1: If the whole or any part of any carriage to which this Part applies is performed by an actual carrier,—
a: both the contracting carrier and the actual carrier are subject to any liability imposed by this Part as follows:
i: the contracting carrier is liable in respect of the whole of the carriage contemplated in the contract between the contracting carrier and the passenger; and
ii: the actual carrier is liable solely in respect of the carriage that the actual carrier performs:
b: the acts and omissions of the actual carrier, and of the actual carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the contracting carrier:
c: the acts and omissions of the contracting carrier, and of the contracting carrier's servants and agents acting within the scope of their employment, must, in relation to the carriage performed by the actual carrier, be treated as also those of the actual carrier:
d: any special agreement under which the contracting carrier assumes obligations not imposed by this Part, or any waiver of rights conferred by this Part, does not affect the actual carrier unless agreed to by the actual carrier.
2: An act or omission specified in subsection (1)(c) section 91ZC 1967 No 151 s 20
91Y: Provisions if carriage performed by successive carriers
If carriage is performed or is to be performed by successive carriers, the contracting carrier who is liable is the successive carrier who performed or was to perform the carriage where the delay occurred. 1967 No 151 s 21
91Z: Liability of carrier in respect of delay
1: A carrier is liable for damage caused by delay in the carriage of passengers.
2: Despite subsection (1)
a: arose by reason of—
i: meteorological conditions; or
ii: compliance with instructions, advice, or information given by an air traffic control service; or
iii: obedience to orders or directions given by a lawful authority; or
b: was made necessary by force majeure; or
c: was necessary for the purpose of saving or attempting to save life. 1967 No 151 s 25
91ZA: Avoidance of liability
The carrier is not liable under this Part if the carrier proves that—
a: the carrier, or the carrier's servants or agents, had taken all necessary measures to avoid the damage; or
b: it was not possible for the carrier, or the carrier's servants or agents, to have taken those measures. 1967 No 151 s 26
91ZB: Contributory negligence
If the carrier proves that the damage was caused, or contributed to, by the negligence of the passenger, the court may, in accordance with the Contributory Negligence Act 1947 1967 No 151 s 27
91ZC: Limitation of liability
1: The liability of the carrier in respect of damage caused by delay is limited to the lesser of—
a: the amount of damage proved to have been sustained as a result of the delay; or
b: an amount representing 10 times the sum paid for the carriage.
2: Despite subsection (1)
3: This Part does not affect any rule of law relating to remoteness of damage. 1967 No 151 s 28
91ZD: Contracting out
1: A provision in a contract of carriage or in any bylaws made by a carrier purporting to relieve the carrier of liability, or to fix a lower limit than the appropriate limit of liability referred to in section 91ZC
2: The invalidity under subsection (1) 1967 No 151 1967 No 151 s 30
91ZE: Wilful or reckless misconduct
1: The limits of liability referred to in section 91ZC
a: with intent to cause damage; or
b: recklessly and with knowledge that damage would probably result.
2: The limits of liability referred to in section 91ZC
a: with intent to cause damage; or
b: recklessly and with knowledge that damage would probably result; and
c: while the servant or agent was acting within the scope of that servant's or agent's employment. 1967 No 151 1967 No 151 s 31
91ZF: Servants or agents of carrier
1: If an action in respect of any damage is brought against a servant or agent of a carrier, and the servant or agent proves that the servant or agent acted within the scope of the servant's or agent's employment or authority, the servant or agent is entitled to rely on the limits of liability, if any, that the carrier would be entitled to invoke under section 91ZC
2: Subsection (1)
a: with intent to cause damage or recklessly; and
b: with knowledge that damage would probably result. 1967 No 151 s 32
91ZG: Aggregation of damages
The aggregate of the amounts recoverable from the carriers, and from their servants or agents acting within the scope of their employment who are jointly and severally subject to liability under this Part, must not exceed the limits referred to in section 91ZC 1967 No 151 s 33
91ZH: Aggregate liability
The limitations referred to in section 91ZC 1967 No 151 s 34
91ZI: Just and equitable orders and awards
1: A court before which proceedings are brought to enforce a liability that is limited by this Part may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—
a: the provisions of this Part; and
b: any other proceedings that have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
2: Without limiting subsection (1)
a: award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or
b: make any part of its award conditional on the result of any other proceedings. 1967 No 151 s 35
91ZJ: Tortfeasors
1: The limitations on liability referred to in section 91ZC
a: proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and
b: the tortfeasor from whom contribution is sought is the carrier, or a servant or agent of the carrier.
2: Proceedings to which subsection (1)
3: This Part does not affect proceedings brought against any tortfeasor (other than the carrier or its servant or agent). 1967 No 151 s 36
91ZK: Relationship between carriers
This Part does not—
a: prevent a carrier from entering into special contractual arrangements with another carrier; or
b: affect the rights and obligations of the carriers between themselves. 1967 No 151 s 37
91ZL: Limitation of actions
1: An action may not be brought under this Part against a carrier, or a servant or agent of a carrier acting within the scope of his or her employment, after 2 years from the later of the following dates:
a: the date of the arrival of the aeroplane at the destination; or
b: if the aeroplane did not arrive at the destination,—
i: the date on which the aeroplane ought to have arrived at the destination; or
ii: the date on which the carriage stopped.
2: Despite subsection (1) subsection (1)
3: On application under subsection (2)
a: the delay in bringing the action was caused by—
i: mistake of fact; or
ii: mistake of any matter of law other than the provisions of this subsection; or
iii: any other reasonable cause; or
b: the intended defendant was not materially prejudiced in the defendant's defence or otherwise by the delay.
4: If the court grants leave under subsection (3)
5: This section applies subject to the special provisions relating to tortfeasors in section 91ZJ 1967 No 151 s 39
91ZM: Combined carriage
If a contract of carriage made with an air carrier provides for the carriage to be performed partly by air and partly by a mode of carriage other than by air, this Part applies only to the carriage by air. 1967 No 151 s 40 .
38: Minister may prohibit smoking on international air routes
Section 96A(1) to smoke tobacco
39: Regulations
1: Section 100(1)(d)
a: by omitting from subparagraph (i) $5,000 $10,000
b: by omitting from subparagraph (ii) $30,000 $50,000
2: Section 100(1) paragraph (ec)
ed: specifying, for the purposes of Part 1A .
40: Repeals
1: Sections 96B(3) (5) 96C to 96F
2: The Carriage by Air Act 1967
41: Consequential amendments
1: The Civil Aviation Rules are amended in the manner set out in Part 1 section 2(1)
2: The Civil Aviation Rules are amended in the manner set out in Part 2 section 2(2)
3: The Acts specified in Schedule 2
4: Schedule 1 of the Civil Aviation (Offences) Regulations 1997 (SR 1997/56)
a: revoking the item relating to rule 19.7(b):
b: revoking the item relating to rule 91.5(b):
c: revoking the item relating to rule 91.5(c):
d: omitting from the item relating to rule 91.7(a) the words Person shall not operate operator Operator
e: omitting from the third column of the item relating to rule 91.7(a) the expression 1,250 2,500
f: omitting from the fourth column of the item relating to rule 91.7(a) the expression 7,500 15,000
g: omitting from the item relating to rule 91.11 the words interfere with crew member or
h: omit from the third column of the item relating to rule 91.11 the expression 5,000 10,000
i: omit from the fourth column of the item relating to rule 91.11 the expression 30,000 50,000
j: omitting from the third column of the item relating to rule 92.13 the expression 625
k: omit from the fourth column of the item relating to rule 92.13 the expression 3,750 15,000
l: omitting from the fifth column of the item relating to rule 92.13 the expression 250
m: omit from the sixth column of the item relating to rule 92.13 the expression 1,500 6,000
5: The Civil Aviation (Offences) Regulations 1997 (SR 1997/56)
a: adding the Schedule 3 set out in Schedule 3
b: inserting in clause 5 Schedule 2 , and every infringement notice under section 65P of the Act Schedule 3