Civil Aviation Amendment Act 2002

1: Title
1: This Act is the Civil Aviation Amendment Act 2002.
2: In this Act, the Civil Aviation Act 1990 the principal Act
2: Commencement
1: Except as provided in subsection (2) 44
2: Sections 25 to 38 1
3: Purpose
The purpose of this Act is—
a: to revise Part 9A
b: to make provision for the accrediting of persons permitted to enter air space for purposes connected with the 2002-2003 America's Cup Regatta; and
c: to amend the principal Act to incorporate new powers to search for and seize dangerous goods; and
d: to amend the principal Act to include a number of miscellaneous changes.
1: Amendments to principal Act
4: Interpretation
1: Section 2 paragraph (b) accident rotors,
2: Section 2 dangerous goods
a: capable of posing significant risk to health, safety, or property when transported by air; and
b: classified in Chapters 1 to 10 of Part 2 of the ICAO's Technical Instructions for the Safe Transport of Dangerous Goods by Air .
3: Section 2 Convention Convention
a: any amendment to the Convention that has entered into force under Article 94(a) of the Convention
b: any Annex or amendment to any Annex accepted under Article 90 of the Convention
c: the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation under Article 37 of the Convention .
5: New
section 15A The principal Act is amended by inserting, after section 15
15A: Power of Director to investigate holder of aviation document
1: The Director may, in writing, require any holder of an aviation document to undergo an investigation conducted by the Director if the Director believes, on reasonable grounds, that it is necessary in the interests of civil aviation safety and security, and if the Director—
a: has reasonable grounds to believe that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12
b: considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner.
2: If the Director requires a holder to undergo an investigation, the Director must—
a: conclude the investigation as soon as practicable; and
b: inform the holder, in writing, of—
i: the date on which the investigation will begin; and
ii: the results of the investigation, including—
A: any recommendations arising out of the investigation; and
B: the grounds for those recommendations.
6: Power of Director to suspend aviation document or impose conditions
1: Section 17 subsections (3) (4)
3: The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) subsection (4)
4: The Director may take 1 or more of the following actions:
a: impose conditions for a specified period:
b: withdraw any conditions:
c: suspend any aviation document for a specified period:
d: revoke or partially revoke any aviation document under section 18
4A: If notice of a proposed revocation of an aviation document is given in accordance with section 11 section 18
2: Section 17(5) this section subsection (4)
7: New
section 18 The principal Act is amended by repealing section 18
18: Power to revoke aviation document or impose conditions
1: The Director may, if he or she considers it necessary in the interests of aviation safety after an inspection, monitoring, or investigation carried out under this Act, revoke an aviation document or impose permanent conditions on an aviation document.
2: Revocation under this section may be in respect of the whole or any part of an aviation document.
3: If the Director proposes to take action under this section, he or she must give notice in accordance with section 11
4: A person whose aviation document is revoked or made subject to permanent conditions under this section must,—
a: if the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
b: if the whole document is revoked, immediately surrender the document to the Director.
5: Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66
8: Criteria for action taken under
section 17 18
1: Section 19(1) or revoked or made subject to conditions
2: Section 19(5) as soon as is practicable , but, in the case of the suspension of an aviation document or the imposition of conditions under section 17
3: Section 19 subsection (6)
6: Nothing in subsection (5) or subsection (7)
a: any information, the disclosure of which would endanger the safety of any person; or
b: any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17
9: General power of entry
Section 24 subsection (3)
3: Every person who is authorised to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2)
a: may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act, to produce or surrender it; and
b: must, if a document is surrendered under paragraph (a)
10: New
section 26A The principal Act is amended by inserting, after section 26
26A: Obligation to identify pilot in command
1: If a pilot in command of an aircraft is alleged to have committed an offence under this Act or the rules, the Director or a member of the police may—
a: inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and
b: require that person to give all information in that person's possession or reasonably obtainable by that person that may lead to the identification of the pilot.
2: A request under subsection (1)
3: Subsection (1)
11: Failure to comply with inspection or audit request
The heading to section 44A audit monitoring
12: Failure to notify emergency breach of Act or regulations or rules
Section 52A section 13(1)(d) section 13A(6)
13: New
section 52C The principal Act is amended by inserting, after section 52B
52C: Failure to provide identifying information
1: Every operator of an aircraft or holder of a certificate of registration commits an offence who, without reasonable excuse, fails to comply with section 26A(1)
2: Every operator or holder of a certificate of registration 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 $30,000.
14: New
section 66 The principal Act is amended by repealing sections 66 67
66: Appeal to District Court
1: A person may appeal to a District Court against a specified decision made under this Act by the Director if another section of this Act gives that person a right of appeal under this section, and—
a: the person—
i: is a person in respect of whom the decision was made; and
ii: is dissatisfied with the decision; or
b: the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.
2: The Court may confirm, reverse, or modify the decision appealed against.
3: Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.
4: Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.
5: In this section, a specified decision
a: concerning the grant, issue, revocation, or suspension of an aviation document:
b: to impose conditions on an aviation document:
c: to exercise powers under section 21
d: to decline to register an aircraft under section 6
15: Decision of Director to continue in force pending appeal, etc
Section 68
16: Director of Civil Aviation
1: Section 72I(3) paragraph (b) audits monitoring
2: Section 72I(3A) the Gazette writing
3: Section 72I subsection (3B)
3B: Notice of an airworthiness directive issued under subsection (3A) Gazette
3C: An airworthiness directive issued under subsection (3A) Gazette subsection (3B)
a: the Director considers that urgent action is required; and
b: the Director notifies the affected parties before the directive comes into force; and
c: notification of the issuing of the directive is given in the Gazette
17: Powers of Director in relation to examinations, etc
Section 72K in respect of flight crew or aircraft maintenance personnel
18: New
sections 77A 77B 77C The principal Act is amended by inserting, after section 77
77A: Powers and duties of Minister to require screening
1: The Minister may, if necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, direct an aviation security provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; or
iii: any (as specified in the Gazette
A: aircraft or class of aircraft; or
B: aerodrome or class of aerodrome; or
C: navigation installation or class of navigation installation.
2: Before directing an aviation security provider under subsection (1)
a: the Director; and
b: as the Minister in each case considers appropriate, representative groups in the aviation industry, government departments, and Crown agencies.
3: A direction made under subsection (1) Gazette
a: considers on reasonable grounds that urgent action is required; and
b: has consulted the Director before that date; and
c: has notified all affected parties (other than persons boarding an aircraft) before that date.
4: If a direction takes effect on a date before the notice is published in the Gazette
a: the direction expires 28 days after that date unless the notice is published in the Gazette
b: if the notice is published in the Gazette subsection (3)(b) and (c)
5: If a direction takes effect on a date on or after the notice is published in the Gazette Regulations (Disallowance) Act 1989
6: The Minister may rescind a direction made under subsection (1)
7: Subject to subsection (4)
8: Nothing in this section empowers the Minister to exercise the Director's powers under section 77B
77B: Powers and duties of Director to require screening
1: The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security provider, by notice in the Gazette
a: to screen—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; and
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft; or
ii: any thing to be carried by an aircraft; or
iii: any (as specified in the Gazette
A: aircraft or class of aircraft; or
B: aerodrome or class of aerodrome; or
C: navigation installation or class of navigation installation.
2: Before directing an aviation security provider under subsection (1)
3: A direction made under subsection (1) Gazette
a: considers on reasonable grounds that urgent action is required; and
b: has notified all affected parties (other than persons boarding an aircraft) before that date.
4: If a direction takes effect on a date before the notice is published in the Gazette
a: the direction expires 28 days after that date unless the notice is published in the Gazette
b: if the notice is published in the Gazette subsection (3)(b)
5: If a direction takes effect on a date on or after the notice is published in the Gazette Regulations (Disallowance) Act 1989
6: The Director may rescind a direction made under subsection (1)
7: Subject to subsection (4)
77C: Transitional provisions for screening
1: A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002.
2: A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires.
19: Functions and duties of Aviation Security Service
Section 80 paragraph (a)
a: to carry out—
i: crew, passenger, and baggage screening of all international aircraft passenger services; and
ii: the screening specified in section 77A(1) or section 77B(1)
ab: to undertake, if necessary, reasonable searches of crew, passengers, baggage, cargo, aircraft, aerodromes, and navigation installations: .
20: New
section 80A The principal Act is amended by inserting, after section 80
80A: Powers and duties of aviation security officer relating to dangerous goods
1: Without limiting section 80(a) and (ab)
2: If dangerous goods are detected and the aviation security officer has reasonable grounds to believe that they may not be lawfully carried on an aircraft, the aviation security officer may seize and detain the dangerous goods for the purpose of determining whether or not they may be lawfully carried on an aircraft.
3: If the aviation security officer determines that the dangerous goods may not be lawfully carried on an aircraft, the aviation security officer must notify the relevant operator or delivery service as soon as practicable and—
a: may detain the dangerous goods until they are dealt with in accordance with paragraph (b) or paragraph (c)
b: may deliver the dangerous goods to the operator or delivery service; or
c: may, if the Director agrees, destroy or otherwise dispose of the dangerous goods.
4: If the aviation security officer determines that the dangerous goods may be lawfully carried on an aircraft, the aviation security officer must, as far as practicable, return the dangerous goods to the owner of the dangerous goods.
5: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the dangerous goods pose an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the dangerous goods.
6: The aviation security officer must report the detection of dangerous goods in accordance with the rules or, in the absence of rules, as the Director may direct.
21: Consequential amendments to rules
1: Rule 108.53(b)(5) (security requirements – domestic) is amended by inserting, before the word cargo baggage,
2: Rule 108.53(b)(8) (security requirements – domestic) is amended by—
a: omitting the words passenger and baggage screening passenger, crew, and baggage screening
b: omitting the words an aviation security organisation a; and
c: inserting, before the word Director Minister or the
3: Rule 108.55(b)(12) (security requirements – international) is amended by—
a: omitting the words a passenger passenger, crew,
b: omitting the words an aviation security organisation a
4: Rule 139.203(d)(4) (requirements for security designated aerodromes – other requirements) is amended by inserting, after the word passengers , crew,
5: Rule 139.203(d)(4)(i) (requirements for security designated aerodromes – other requirements) is amended by—
a: inserting, after the word passengers, crew, and
b: omitting the words , or both,
6: Rule 139.203(d)(4)(ii) (requirements for security designated aerodromes – other requirements) is amended by inserting, after the word passengers and crew
7: Rule 139.203(d)(4)(iii) (requirements for security designated aerodromes – other requirements) is amended by—
a: omitting the word transit , transit,
b: inserting, after the word passengers and crew
8: Rule 139.203(d)(5) (requirements for security designated aerodromes – other requirements) is amended by—
a: inserting, after the words necessary by the Minister, or
b: inserting, after the word passengers , crew,
9: Rule 139.205(1) (requirements for non-security designated aerodromes) is amended by—
a: inserting, after the word passengers , crew,
b: inserting, after the words required by the Minister, or
10: Rule 140.11(a)(l)(i) (functions and duties of certificate holder) is amended by—
a: omitting the words passenger and passenger, crew, and
b: omitting the words and of such other services where the screening is judged advisable by the Director and of any domestic aircraft passenger service or other service required to be screened by the Minister or the Director
11: Clause A.5(b)(2) of Appendix A to Part 140 of the rules (security operational standards – screening of the person) is amended by—
a: omitting the word international
b: inserting, after the word passenger or crew member
c: omitting the word those if the person is
22: Interpretation
1: Section 87A scheduled international air service ; and, in relation to a New Zealand international airline, includes a seventh freedom service
2: Section 87A seventh freedom service
a: the airline is designated by New Zealand under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and
b: the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and
c: the service is a scheduled service.
23: Scheduled international air service not to be carried on in New Zealand except under licence
The heading to section 87B in New Zealand
24: Renewal of scheduled international air service licence
Section 87P(2) 3 months 1 month
25: Interpretation
1: Section 91A court court .
2: Section 91A Montreal Convention Schedule 6
26: Conventions to have force of law
1: Section 91C(1)
a: inserting, after the words provisions of the Montreal Convention,
b: inserting, after the words to which the Montreal Convention,
2: Section 91C(2) provisions of the Montreal Convention,
3: Section 91C(3) provisions of the Montreal Convention,
4: Section 91C(4) provisions of the Montreal Convention,
5: Section 91C(5) Article 22 of the amended Convention
27: Fatal accidents
Section 91E liability under Article 17(1) of the Montreal Convention
28: Contributory negligence
Section 91F purposes of Article 20 of the Montreal Convention
29: Limitation of liability
1: Section 91G(1) referred to in Articles 21 and 22 of the Montreal Convention
2: Section 91G(1)
a: by inserting, after the words referred to in Article 21 of the Montreal Convention
b: by inserting, after the expression Article 22 of the amended Convention
3: Section 91G(2) limited by Articles 21 and 22 of the Montreal Convention
4: Section 91G(2)(a)
a: by inserting, after the words provisions of Articles 21 and 22 of the Montreal Convention
b: by inserting, after the expression Article 22 of the amended Convention
5:
6: Section 91G(5) Article 22 of the amended Convention Subsection (5) substituted 1 June 2004 41(3) Civil Aviation Amendment Act 2004 Subsection (5) repealed 1 December 2004 12(2) Civil Aviation Amendment Act (No 2) 2004 See section 13
30: Value of special drawing right
1: Section 91H(1) purposes of Article 23 of the Montreal Convention
2: Section 91H(4) Article 22 of the amended Convention
31: Time for bringing proceedings
1: Section 91I subsection (3)
3: Neither Article 35 of the Montreal Convention Article 29 of the amended Convention
2: Section 91I(4) Article 29 Article 35 of the Montreal Convention Article 29 of the amended Convention
3: Section 91I(5) Article 29 Article 35 of the Montreal Convention Article 29 of the amended Convention
32: New
section 91JA The principal Act is amended by inserting, after section 91J
91JA: Actions against Parties to Montreal Convention
1: Every Party to the Montreal Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2)
2: Subsection (1) Article 46 of the Montreal Convention
3: Rules of Court may provide for the manner in which any action to which subsection (1)
4: Nothing in this section authorises the issue of execution against the property of any Party to the Montreal Convention.
33: Designation of Parties
1: Section 91K(1)(a)
viii: the Parties to the Montreal Convention; or .
2: Section 91K(1)(b) or (vii) (vii), or (viii)
3: Section 91K(4) Warsaw Convention or the Parties to the Montreal Convention
34: Power to exclude aircraft in use for military purposes
Section 91M(2) The amended Convention does The Montreal Convention or the amended Convention do
35: New
section 91RA The principal Act is amended by inserting, after section 91R
91RA: High Contracting Party or Party not Party to Montreal Convention
1: Subsection (2)
2: If this subsection applies and the High Contracting Party or Party referred to in subsection (1)
a: sections 91A to 91M sections 25 to 37 of the Civil Aviation Amendment Act 2002
b: section 91O
c: section 91P
d: section 91Q
e: section 91R
3: Subsection (4)
4: If this subsection applies,—
a: the law applicable to any carriage by air is the law set out in the amended Convention; and
b: each version of Article 22 of the amended Convention Schedule 4
36: Regulations
Section 91T(1) paragraphs (a) (b) (c) (d)
a: prescribe any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention
b: prescribe any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention
c: amend Schedule 6
d: revoke Schedule 6
37: New
Schedule 6 The principal Act is amended by adding the Schedule 6 Schedule 1
38: Occurrences before commencement of
sections 25 to 37 Sections 25 to 37 sections 25 to 37
39: New
sections 96C to 96F The principal Act is amended by repealing section 96C
96C: Procedure for offence of smoking on international flight
1: If an offence against section 96B(3) defendant
a: an aviation security officer; or
b: a member of the police.
2: If the aviation security officer or the member of the police (the informant section 96B(3)
a: the defendant may be proceeded against for the alleged offence under the Summary Proceedings Act 1957
b: the informant may issue an infringement notice in respect of the alleged offence.
3: The defendant must, on request by the informant, produce his or her passport to the informant for the purpose of enabling the informant to verify the identity of the defendant.
4: A passport produced by the defendant to the informant under subsection (3)
5: Any informant or a member of the police (not necessarily the informant)—
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.
96D: Form of infringement notice
An infringement notice under section 96C
a: sufficient details to inform the defendant fairly of the time, place, and nature of the offence alleged; and
b: that the infringement fee is $200; 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 96E
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: such other particulars as are prescribed by regulations made under this Act.
96E: Payment of fees
1: If an infringement notice under section 96C
2: All infringement fees received in respect of an infringement notice under section 96C
96F: Filing of notices
1: The informant or an aviation security officer (not necessarily the informant) or a member of the police (not necessarily the informant), as the case may be, may file in a District Court a copy of the infringement notice under section 96C
a: the infringement fee for the offence has not by then been paid to the informant at the address specified in the notice (or immediately under section 96E
b: the informant has not by then received at that address 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 96C 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) section 21(10)(a)
f: the references to reminder notices in the definition of defendant section 2 section 78B
4: Despite section 203(1) of the Summary Proceedings Act 1957 section 96C
5: For the purpose of subsection (1)
40: Information to be supplied to chief executive of the Ministry of Economic Development
Section 99B chief executive of the Ministry of Economic Development Secretary
41: Administration of
sections 99A to 99C Section 99D
42: Civil Aviation Authority
Schedule 3 clause 6
6: . Any member may, at any time, be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.
43: Consequential amendment
The Act specified in Schedule 2
2: 2002-2003 America's Cup Regatta
44: Commencement
This Part comes into force on 1 July 2002.
45: Expiry of this Part
This Part expires on the close of 30 June 2003.
46: Purpose of this Part
The purpose of this Part is to make provision for the accrediting of persons permitted to enter airspace for purposes connected with the 2002-2003 America's Cup regatta.
47: Interpretation
In this Part, unless the context otherwise requires,— Civil Aviation Rules or rules Part 3 controlling authority designated airspace
a: the area in which the regatta is conducted; and
b: the transit area between the Viaduct Basin and the area in which the regatta is conducted event organiser section 49 nominated controlling authority proposed airspace regatta
a: means the yachting regatta known as the America's Cup which is to take place in the years 2002 and 2003; and
b: includes any preceding Challenger Selection Series. Appointment and functions of event organiser
48: Who may apply, and how to apply, for appointment as event organiser
1: Any person or persons may apply to the Minister for appointment as an event organiser.
2: An applicant for appointment must—
a: make an application in accordance with subsection (3)
b: have a proposed accreditation system under section 51
c: have entered into a binding contract under section 52
3: An application must include, or be accompanied by,—
a: details of the applicant's proposed accreditation system, including the matters specified in section 51
b: a copy of the contract between the applicant and the applicant's nominated controlling authority that complies with the requirements set out in section 52
c: an indication that the proposed airspace is or is likely to be designated under the rules as a restricted area and that the applicant's nominated controlling authority is or is likely to be the controlling authority applicable to the proposed airspace; and
d: an assessment by the applicant of his or her anticipated costs of the type specified in section 51(3)
49: Appointment of event organiser
1: The Minister may make an appointment under subsection (2)
a: the applicant has submitted an application in accordance with section 48
b: the Minister is satisfied that—
i: the proposed airspace is or is likely to be designated under the rules as a restricted area and the applicant's nominated controlling authority is or is likely to be the controlling authority applicable to the proposed airspace; and
ii: the applicant is responsible for the management of any part of the regatta; and
iii: the appointment will contribute to the effective management of any part of the regatta.
2: The Minister may, by notice in the Gazette
3: The Minister may appoint, under subsection (2)
4: An appointment under subsection (2)
5: Without limiting subsection (4)
50: Function and power of event organiser
An event organiser may, in accordance with the accreditation system developed and administered by the event organiser under this Part, determine which persons and organisations may enter the designated airspace. Accreditation system
51: Event organiser's accreditation system
1: An event organiser must develop and administer an accreditation system.
2: The accreditation system must provide for all of the following matters:
a: the accreditation by the event organiser of any person or organisation permitted to enter the designated airspace:
b: the imposition by the event organiser of terms and conditions, subject to any terms and conditions imposed by the Director under the rules, in respect of—
i: the accreditation of a person or organisation:
ii: entry to and operation within the designated airspace by an accredited person or organisation:
c: the imposition by the event organiser of fees and charges payable by an accredited person or organisation in respect of entry to the designated airspace:
d: the enforcement of any terms and conditions imposed by the event organiser under paragraph (b)
3: Any fee or charge imposed by the event organiser under subsection (2)(c)
a: developing and administering the accreditation system; and
b: administering any terms and conditions imposed under subsection (2)(b)
4: The accreditation system must not provide for payment of a fee or charge in respect of the accreditation of a person or organisation. Contract between event organiser and controlling authority
52: Event organiser's contract with nominated controlling authority
1: A contract between an applicant for appointment as an event organiser and the applicant's nominated controlling authority may be conditional only upon all or any of the following:
a: the appointment of the applicant as an event organiser:
b: the designation of the proposed airspace as a restricted area under the rules:
c: the specification of the applicant's nominated controlling authority as the controlling authority applicable to the proposed airspace.
2: The contract must—
a: provide that the controlling authority is responsible for ensuring that—
i: only those persons and organisations accredited by the event organiser enter the designated airspace; and
ii: pilots operating in the designated airspace do so in accordance with any terms or conditions imposed by the event organiser; and
b: specify any fees or charges payable by the event organiser to the controlling authority.
3: When the conditions specified in subsection (1)
53: Controlling authority may act in accordance with contract
Subject to any conditions imposed by the Director under the rules under which the controlling authority must operate, the controlling authority may act in accordance with the contract between itself and an event organiser referred to in section 52 Disclosure of costs
54: Event organiser may be required to disclose costs
1: An event organiser must, whenever so requested by the Minister, disclose to the Minister the costs of the type specified in section 51(3)
2: Despite anything in the Official Information Act 1982 subsection (1) Cancellation of appointment of event organiser
55: Minister may cancel appointment of event organiser
1: The Minister may, by notice in the Gazette section 49
a: the Minister is no longer satisfied that any of the requirements set out in section 49(1)(b) 49(4)
b: the Minister is satisfied, on the basis of information obtained under section 54 section 51(3)
2: If the appointment of the event organiser is cancelled or, if there is more that 1 event organiser, the appointment of every event organiser is cancelled,—
a: the Director must remove the controlling authority applicable to the designated airspace; and
b: the Minister may appoint 1 or more new event organisers under section 49