Civil Aviation Act 1990

1: Short Title and commencement
1: This Act may be cited as the Civil Aviation Act 1990.
2: This Act shall come into force on 1 September 1990.
2: Interpretation
1: In this Act, unless the context otherwise requires,— accident
a: a person is fatally or seriously injured as a result of—
i: being in the aircraft; or
ii: direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
iii: direct exposure to jet blast— except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or
b: the aircraft sustains damage or structural failure that—
i: adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
ii: would normally require major repair or replacement of the affected component— except engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips,
c: the aircraft is missing or is completely inaccessible aerodrome
a: means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, and surface movement of aircraft; and
b: includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration aerodrome control service aerodrome flight information service aerodrome traffic
a: all traffic in the manoeuvring area of an aerodrome; and
b: all aircraft flying in the vicinity of an aerodrome aerodrome traffic circuit aeronautical product air service air traffic air traffic control service
a: preventing collisions—
i: between aircraft; and
ii: between aircraft and obstructions on any manoeuvring area; and
b: expediting and maintaining a safe and efficient flow of air traffic air traffic service
a: any aerodrome control service:
b: any area control service:
c: any approach control service:
d: any flight information service:
e: any aerodrome flight information service:
f: any alerting service:
g: any other air traffic service considered by the Director aircraft aircraft flying in the vicinity of an aerodrome alerting service ANZA ANZA mutual recognition agreements section 100(1)﻿(ed) approach control service area control service 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) Authority section 72A aviation document aviation examiner section 27F(2) section 27Q(2)﻿(c) Part 2A aviation related service aviation security officer Aviation Security Service section 72B(2)﻿(ca) CASA
a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust)
b: any successor of that Authority Civil Aviation Registry section 74 Commission Transport Accident Investigation Commission Act 1990 controlled airspace controlled flight convener section 27J Convention
a: any amendment to the Convention that has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and
b: any Annex or amendment to any Annex accepted under Article 90 of the Convention, to the extent adopted by New Zealand; and
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, to the extent adopted by New Zealand Corporation State-Owned Enterprises Act 1986 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
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 deputy convener section 27J Director section 72I flight information service General Manager section 72L health professional section 114 holder ICAO incident international airport judicial officer a Community Magistrate, constable manoeuvring area
a: means that part of an aerodrome to be used for the take-off and landing of aircraft and for the surface movement of aircraft associated with take-off and landing; but
b: does not include areas set aside for loading, unloading, or maintenance of aircraft medical examiner section 27F(1) section 27Q(2)﻿(b) section 27D medical practitioner
a: a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)﻿(a)
b: a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction member Minister Ministry navigation installation
a: means any building, facility, work, apparatus, equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation; and
b: includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and used in connection therewith New Zealand AOC with ANZA privileges section 11G New Zealand Register of Aircraft section 73 New Zealand registered aircraft Director section 6(1)﻿(a) New Zealand temporary stop notice section 11C(1) operate operator owner pilot-in-command prescribed rules or Governor-General Part 3 Secretary security area Director section 84 security designated aerodrome section 82 security designated navigation installation section 82 security enhanced area section 84(1A) service charter section 72G specified examination
a: an examination of visual and colour perception; or
b: an examination of hearing; or
c: a psychological examination; or
d: any other class of examination prescribed in the rules sterile area unruly passenger offence
a: means an offence against Part 5A
b: includes an offence to which section 65C
2: For the purposes of this Act, an aviation identity card issued or approved by the Director under any regulations or rules made under this Act is not an aviation document. 1964 No 68 s 2 1968 No 39 s 16(1) 1969 No 9 s 2 1973 No 6 s 6(1) 1976 No 122 s 3(8) 1976 No 153 s 2 1977 No 146 s 2 1987 No 108 s 2 Section 2(1) accident (b) amended 1 June 2002 section 4(1) Civil Aviation Amendment Act 2002 Section 2(1) air traffic service amended 10 August 1992 section 2(1) Civil Aviation Amendment Act 1992 Section 2(1) air transport operations repealed 13 August 1996 Civil Aviation Amendment Act 1996 Section 2(1) ANZA inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) ANZA mutual recognition agreements inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australia inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australian AOC with ANZA privileges inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Australian temporary stop notice inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) Authority inserted 10 August 1992 section 2(3) Civil Aviation Amendment Act 1992 Section 2(1) aviation examiner inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) aviation examiner amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Aviation Security Service amended 20 August 1993 section 2(2) Civil Aviation Amendment Act 1993 Section 2(1) CASA inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) convener inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) convener amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Convention substituted 1 June 2002 section 4(3) Civil Aviation Amendment Act 2002 Section 2(1) Corporation replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 2(1) dangerous goods substituted 1 June 2004 section 4(2) Civil Aviation Amendment Act 2004 Section 2(1) deputy convener inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) deputy convener amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) Director substituted 10 August 1992 section 2(4) Civil Aviation Amendment Act 1992 Section 2(1) General Manager inserted 20 August 1993 section 2(1) Civil Aviation Amendment Act 1993 Section 2(1) health professional inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) judicial officer amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 2(1) judicial officer amended 30 June 1998 section 7 District Courts Amendment Act 1998 Section 2(1) medical examiner inserted 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) medical examiner amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) medical practitioner inserted 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) member inserted 10 August 1992 section 2(5) Civil Aviation Amendment Act 1992 Section 2(1) member amended 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) Minister substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) Ministry substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) New Zealand AOC with ANZA privileges inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) New Zealand registered aircraft amended 10 August 1992 section 2(6) Civil Aviation Amendment Act 1992 Section 2(1) New Zealand temporary stop notice inserted 30 March 2007 section 4(1) Civil Aviation Amendment Act 2004 Section 2(1) performance agreement repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2(1) registered medical practitioner repealed 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 2(1) rules amended 1 August 2010 section 4 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 2(1) Secretary substituted 1 December 2004 section 3 Civil Aviation Amendment Act (No 2) 2004 Section 2(1) security area amended 20 August 1993 section 2(3) Civil Aviation Amendment Act 1993 Section 2 security enhanced area inserted 26 September 2007 section 4(2) Civil Aviation Amendment Act 2007 Section 2(1) service charter added 10 August 1992 section 2(8) Civil Aviation Amendment Act 1992 Section 2(1) specified examination added 1 April 2002 section 4 Civil Aviation (Medical Certification) Amendment Act 2001 Section 2(1) sterile area added 26 September 2007 section 4(3) Civil Aviation Amendment Act 2007 Section 2(1) unruly passenger offence added 1 June 2004 section 4(3) Civil Aviation Amendment Act 2004 Section 2(2) added 11 April 2008 section 4(4) Civil Aviation Amendment Act 2007
3: Act to bind the Crown
1: Subject to subsection (2), this Act shall bind the Crown.
2: Except as otherwise expressly provided in this Act or any other Act, or in the regulations or rules concerned, nothing in this Act or in any regulations or rules made under this Act shall apply to the New Zealand Defence Force. 1964 No 68 s 26 1986 No 124 s 32(1) 1987 No 108 s 5
4: Application of Act
1: Except as provided in section 53A , Part 5A section 96A
a: every person, aircraft, aerodrome, aeronautical product, air service, and aviation related service, in New Zealand:
b: every New Zealand registered aircraft whether within or outside New Zealand:
c: every holder of an aviation document while outside New Zealand and exercising or purporting to exercise privileges accorded by that document:
d: every foreign registered aircraft operating in New Zealand.
2: Notwithstanding subsection (1), the Minister, acting on the recommendation of the Authority or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,—
a: transfer to the aeronautical authority in the country of a foreign operator all or part of the responsibility for a New Zealand registered aircraft operated by that foreign operator that the Authority or the Director has under this Act or regulations or rules made under this Act:
b: vest in the Authority or the Director, as the case may require, all or part of the responsibility for foreign registered aircraft operated by a New Zealand operator that arises under this Act or regulations or rules made under this Act:
c: grant exemptions from this Act, and from regulations and rules made under this Act, relevant to any exercise of the Minister's powers under this subsection.
2A: Every New Zealand registered aircraft shall, while being operated over the high seas, be operated in a manner that complies with the Rules of the Air contained in Annex 2 of the Convention.
3: Except where an act or omission is required in order to comply with the laws of any foreign State, every holder of an aviation document who, while outside New Zealand and exercising or purporting to exercise the privileges accorded by that document, commits an act or omission that would constitute an offence if it were committed in New Zealand, shall be deemed to have committed an offence under this Act and may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.
4: Nothing in this section shall be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign State that applies to or in respect of the person or aircraft.
5: Nothing in this Act shall be interpreted as limiting the privileges or immunities of—
a: any foreign military aircraft; or
b: the officers and crew of any foreign military aircraft.
6: An exemption under subsection (2)﻿(c) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 4(1) amended 1 June 2004 section 5 Civil Aviation Amendment Act 2004 Section 4(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 4(2) substituted 10 August 1992 section 3 Civil Aviation Amendment Act 1992 Section 4(2A) inserted 10 August 1992 section 3 Civil Aviation Amendment Act 1992 Section 4(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
5: Civil Aviation Authority
Section 5 repealed 10 August 1992 section 4 Civil Aviation Amendment Act 1992
1: Entry into the civil aviation system
6: Requirement to register aircraft
1: Except as otherwise provided in this Act or rules made under this Act, every person lawfully entitled to the possession of an aircraft for a period of 28 days or longer
a: the Director
b: the appropriate aeronautical authorities of a contracting State of ICAO; or
c: the appropriate aeronautical authorities of another State that is party to an agreement with the Government of New Zealand or the Civil Aviation Authority for New Zealand which provides for the acceptance of each other's registrations.
2: No aircraft shall be registered in or remain registered in New Zealand if it is registered in any other country.
3: The Director
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 1964 No 68 s 29(2)﻿(h) Section 6(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 6(1)﻿(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 6(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 6(4) amended 1 March 2017 section 261 District Court Act 2016
7: Requirement for aviation document
1: Rules made under this Act may require that an aviation document shall be required by or in respect of all or any of the following:
a: New Zealand registered aircraft:
b: aircraft pilots:
c: flight crew members:
d: air traffic service personnel:
e: aviation security service personnel:
f: aircraft maintenance personnel:
g: air services:
h: air traffic services:
i: aerodromes and aerodrome operators:
j: navigation installation providers:
k: aviation training organisations:
l: aircraft design, manufacture, and maintenance organisations:
m: aeronautical procedures:
n: aviation security services:
o: aviation meteorological services:
p: aviation communications services:
q: any persons, services, or things within any of the classes specified in paragraphs (a) to (p):
r: such other persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the rules:
s: any person who is an aviation examiner or medical examiner.
2: The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, shall be prescribed by rules made under this Act.
3: Subject to any rules made under this Act, an aviation document may be issued by the Director Director
4: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 Section 7(1)﻿(s) added 1 April 2002 section 6 Civil Aviation (Medical Certification) Amendment Act 2001 Section 7(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 7(4) amended 1 March 2017 section 261 District Court Act 2016
8: Application for aviation document
1: Every application for the grant or renewal of an aviation document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.
2: Every applicant for an aviation document shall include in the application the applicant's address for service in New Zealand including, where applicable, telephone and facsimile numbers.
3: It shall be the duty of every holder of an aviation document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.
4: The Director shall ensure that a record of all information provided under this section is maintained at the Civil Aviation Registry.
5: Service of any notification under this Act on a holder of, or applicant for, an aviation document shall be effective service if served on the address last provided by that holder or applicant under this section. Section 8 substituted 10 August 1992 section 5 Civil Aviation Amendment Act 1992 Section 8(2) substituted 13 August 1996 Civil Aviation Amendment Act 1996
9: Grant or renewal of aviation document
1: After considering any application for the grant or renewal of an aviation document, the Director
a: all things in respect of which the document is sought meet the relevant prescribed requirements; and
b: the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the document—
i: either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director
ii: is a fit and proper person to have such control or hold the document; and
iii: meets all other relevant prescribed requirements ; and
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)
c: it is not contrary to the interests of aviation safety for the document to be granted or renewed.
2: For the purpose of granting or renewing an aviation document, the Director
3: It shall be a condition of every current aviation document that the holder and any person who has or is likely to have control over the exercise of the privileges under the document
4: Where the Director declines to grant an application for the grant or renewal of an aviation document under this section, the applicant may appeal against that decision to the District Court section 66 Section 9(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(1)﻿(b)﻿(i) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(1)﻿(b)﻿(iii) amended 10 August 1992 section 6(1) Civil Aviation Amendment Act 1992 Section 9(1)﻿(ba) inserted 30 March 2007 section 6 Civil Aviation Amendment Act 2004 Section 9(1)﻿(c) added 10 August 1992 section 6(1) Civil Aviation Amendment Act 1992 Section 9(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 9(3) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 9(3) amended 10 August 1992 section 6(2) Civil Aviation Amendment Act 1992 Section 9(4) substituted 10 August 1992 section 6(3) Civil Aviation Amendment Act 1992 Section 9(4) amended 1 March 2017 section 261 District Court Act 2016
10: Criteria for fit and proper person test
1: For the purpose of determining whether or not a person is a fit and proper person for any purpose under Director Director
a: the person's compliance history with transport safety regulatory requirements:
b: the person's related experience (if any) within the transport industry:
c: the person's knowledge of the applicable civil aviation system regulatory requirements:
d: any history of physical or
e: any conviction for any transport safety offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
f: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:
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: The Director
3: The Director for any purpose under
a: seek and receive such information (including medical reports) as the Director
b: consider information obtained from any source.
4: Subsection (1) applies to a body corporate with the following modifications:
a: paragraphs (a), (b), (c), (e), (f), and (g)
b: paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.
5: If the Director Director section 11
6: Nothing in subsection (5) shall require the Director
7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—
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 2020
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 49(1)﻿(a)﻿(i)
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) Section 10(1) amended 10 August 1992 section 7(1) Civil Aviation Amendment Act 1992 Section 10(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(1)﻿(d) amended 10 August 1992 section 7(2) Civil Aviation Amendment Act 1992 Section 10(1)﻿(g) added 30 March 2007 section 7(1) Civil Aviation Amendment Act 2004 Section 10(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(3) amended 10 August 1992 section 7(1) Civil Aviation Amendment Act 1992 Section 10(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(3)﻿(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(4) substituted 28 November 1991 section 2 Civil Aviation Amendment Act 1991 Section 10(4)﻿(a) amended 30 March 2007 section 7(2) Civil Aviation Amendment Act 2004 Section 10(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 10(7) substituted 1 June 2004 section 7(3) Civil Aviation Amendment Act 2004 Section 10(7)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 10(7)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
11: Rights of persons affected by proposed adverse decisions
1: In this section, unless the context otherwise requires,— adverse decision affected document holder person directly affected section 66 person on the basis of whose character the adverse decision arises section 10 Director
2: Where the Director Director
a: notify the person directly affected by the proposed decision of the proposed decision; and
b: subject to subsection (4), inform that person of the grounds for the proposed decision; and
c: specify a date by which submissions may be made to the Director
d: where appropriate, specify the date on which the proposed decision will, unless the Director
e: notify the person of the person's right of appeal under section 66 Director
f: specify such other matters as in any particular case may be required by any provision of this or any other Act.
3: Where the Director Director
a: shall also supply a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and
ii: any affected document holder, where the Director
b: may supply a copy of the notice to any other affected document holder.
4: No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 10(1)
a: the notice or copy is supplied to the person to whom the information relates; or
b: that person consents to the supply of that information to any other person.
5: Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:
a: it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director Director Director
b: the Director Director Director
c: the Director Director
6: After considering the matters referred to in subsection (5) Director
a: finally determine whether or not to make the proposed adverse decision; and
b: as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)﻿(a), of—
i: the Director's
ii: the date on which the decision will take effect; and
iii: in the case of an adverse decision, the consequences of that decision and any applicable right of appeal (being a right of appeal specified in section 9(4) section 17(7) section 18(4) Section 11(1) adverse decision substituted 10 August 1992 section 8(1) Civil Aviation Amendment Act 1992 Section 11(1) person on the basis of whose character the adverse decision arises amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2) amended 10 August 1992 section 8(2) Civil Aviation Amendment Act 1992 Section 11(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)﻿(c) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)﻿(d) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(2)﻿(e) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(3)﻿(a)﻿(ii) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)﻿(a) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)﻿(b) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(5)﻿(c) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6) amended 10 August 1992 section 8(3) Civil Aviation Amendment Act 1992 Section 11(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6)﻿(b)﻿(i) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 11(6)﻿(b)﻿(iii) substituted 10 August 1992 section 8(4) Civil Aviation Amendment Act 1992
1A: ANZA mutual recognition
Part 1A inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Preliminary provisions Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
11A: Purpose
The purpose of this Part is to implement the ANZA mutual recognition agreements. Section 11A inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Australian AOCs with ANZA privileges Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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. Section 11B inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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. Section 11C inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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) does not invalidate the New Zealand temporary stop notice. Section 11D inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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. Section 11E inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 AOCs with ANZA privileges Heading inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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. Section 11F inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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 Section 11G inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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 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. Section 11H inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
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) to refute and comment on the Director's belief.
3: If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may—
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) may appeal against that decision to the District Court section 66 Section 11I inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004 Section 11I(4) amended 1 March 2017 section 261 District Court Act 2016
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) Section 11J inserted 30 March 2007 section 8 Civil Aviation Amendment Act 2004
2: Functions, powers, and duties of participants in the civil aviation system
12: General requirements for participants in civil aviation system
1: Every person who does anything for which an aviation document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate aviation documents and all the necessary qualifications and other documents are held by that person.
2: Every participant shall comply with this Act, the relevant rules or regulations
3: Every participant shall ensure that the activities or functions for which the aviation document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.
4: Every participant who holds an aviation document that authorises the provision of a service within the civil aviation system—
a: shall, if so required by rules made under this Act, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and
b: shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and
c: shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document Section 12(2) amended 11 April 2008 section 5 Civil Aviation Amendment Act 2007 Section 12(4)﻿(c) amended 28 November 1991 section 3 Civil Aviation Amendment Act 1991
13: Duties of pilot-in-command
The pilot-in-command of an aircraft shall—
a: be responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo carried; and
b: have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and
c: subject to section 13A Section 13 substituted 13 August 1996 Civil Aviation Amendment Act 1996
13A: Duties of pilot-in-command and operator during emergencies
1: Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-in-command may breach the provisions of this Act or of regulations or rules made under this Act.
2: For the purposes of subsection (1), a breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that—
a: the emergency involves a danger to life or property; and
b: the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
d: the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.
3: Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act.
4: For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if—
a: the emergency involves a danger to life or property; and
b: the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
c: there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
d: the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency.
5: Nothing in subsection (3) permits—
a: the operation of an aircraft that is not registered in New Zealand or elsewhere; or
b: the breach of any prescribed requirement as to the airworthiness of an aircraft; or
c: the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft.
6: Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall—
a: immediately notify the relevant air traffic control service of the action; and
b: as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action. Section 13A inserted 13 August 1996 Civil Aviation Amendment Act 1996
14: Objectives of Minister
The objectives of the Minister under this Act are—
a: to undertake the Minister's functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system; and
b: to ensure that New Zealand's obligations under international civil aviation agreements are implemented. Section 14 substituted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004
14A: Functions of Minister
The functions of the Minister under this Act are—
a: to promote safety in civil aviation:
b: to administer New Zealand's participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of New Zealand is a party:
c: to administer the Crown's interest in the aerodromes referred to in Part 10
d: to make rules under this Act. Section 14A inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004
14B: Search and rescue operations
1: The Minister—
a: must establish, maintain, and operate a search and rescue co-ordination centre to co-ordinate and conduct—
i: an aviation search and rescue operation; and
ii: a maritime search and rescue operation; and
iii: any other search and rescue operation that the Minister considers appropriate; and
b: may exercise any powers that may be necessary or desirable—
i: for the effective co-ordination and performance of a search and rescue operation specified in paragraph (a); and
ii: to implement any international convention or agreement relating to search and rescue to which New Zealand is a party; and
c: may appoint persons to, either generally or in any particular case, participate in or co-ordinate a search and rescue operation specified in paragraph (a).
2: The Minister may authorise the payment, out of money appropriated for the purpose by Parliament, of an amount that the Minister considers appropriate to—
a: any person who assisted in a search and rescue operation specified in subsection (1)﻿(a) at the request of a person appointed under subsection (1)﻿(c); or
b: the owner of any vehicle, ship, or aircraft used in a search and rescue operation specified in subsection (1)﻿(a) in response to a request by a person appointed under subsection (1)﻿(c). Section 14B inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004
14C: Minister may direct agencies with respect to search and rescue operations
The Minister may direct the Civil Aviation Authority or Maritime New Zealand
a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 14B(1)﻿(b) Section 14C inserted 1 December 2004 section 4 Civil Aviation Amendment Act (No 2) 2004 Section 14C amended 1 July 2005 section 11(3) Maritime Transport Amendment Act 2004
15: Director may require or carry out safety and security inspections and monitoring
1: The Director may in writing require any person who—
a: holds an aviation document or an Australian AOC with ANZA privileges
b: operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, aviation related service, air traffic service, or aeronautical procedure; or
c: is designated as an aviation examiner or medical examiner under Part 2A to undergo or carry out such inspections and such monitoring as the Director considers necessary in the interests of civil aviation safety and security.
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.
2: The Director may, in respect of any person described in paragraph (a) or paragraph (b) of subsection (1), carry out such inspections and monitoring as the Director considers necessary in the interests of civil aviation safety and security.
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.
3: For the purposes of any inspection or monitoring carried out in respect of any person under subsection (2), the Director may in writing require from that person such information as the Director considers relevant to the inspection or the monitoring. Section 15 substituted 13 August 1996 Civil Aviation Amendment Act 1996 Section 15(1)﻿(a) amended 30 March 2007 section 9(1) Civil Aviation Amendment Act 2004 Section 15(1)﻿(b) amended 1 April 2002 section 11 Civil Aviation (Medical Certification) Amendment Act 2001 Section 15(1)﻿(c) inserted 1 April 2002 section 11 Civil Aviation (Medical Certification) Amendment Act 2001 Section 15(1A) inserted 30 March 2007 section 9(2) Civil Aviation Amendment Act 2004 Section 15(2A) inserted 30 March 2007 section 9(3) Civil Aviation Amendment Act 2004
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. Section 15A inserted 1 June 2002 section 5 Civil Aviation Amendment Act 2002
16: Director of Civil Aviation Safety
Section 16 repealed 10 August 1992 section 10 Civil Aviation Amendment Act 1992
17: Power of Director to suspend aviation document or impose conditions
1: The Director may suspend any aviation document issued under this Act or rules made under this Act or impose conditions in respect of any such document, if he or she considers such action necessary in the interests of safety, and if he or she—
a: considers such action necessary to ensure compliance with this Act or rules made under this Act; or
b: is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12
c: is satisfied the holder has contravened or failed to comply with section 49
d: 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 ; 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: Without limiting the general provisions of subsection (1), the Director may suspend any aviation document relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates.
3: The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) remain in force until the Director determines what action, if any, referred to in subsection (4) is to be taken; but any such suspension or conditions expire 10 working days after the date that the suspension or conditions are imposed unless, before the expiry of that 10-working day period, the Director extends the suspension or conditions for a further specified period.
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
e: impose permanent conditions under section 18
4A: If notice of a proposed revocation of an aviation document , or notice of the proposed imposition of permanent conditions, section 11 or to impose permanent conditions on the document section 18
5: Any person whose aviation document has been suspended or made subject to conditions under subsection (4)
6: The whole or any part of an aviation document may be suspended under this section.
7: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66 Section 17(1)﻿(c) substituted 10 August 1992 section 11 Civil Aviation Amendment Act 1992 Section 17(1)﻿(d) amended 30 March 2007 section 10(1) Civil Aviation Amendment Act 2004 Section 17(1)﻿(e) added 30 March 2007 section 10(1) Civil Aviation Amendment Act 2004 Section 17(3) substituted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4) substituted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4)﻿(e) added 1 June 2004 section 10(2) Civil Aviation Amendment Act 2004 Section 17(4A) inserted 1 June 2002 section 6(1) Civil Aviation Amendment Act 2002 Section 17(4A) amended 1 June 2004 section 10(3)﻿(a) Civil Aviation Amendment Act 2004 Section 17(4A) amended 1 June 2004 section 10(3)﻿(b) Civil Aviation Amendment Act 2004 Section 17(5) amended 1 June 2002 section 6(2) Civil Aviation Amendment Act 2002 Section 17(7) amended 1 March 2017 section 261 District Court Act 2016
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.
1A: Without limiting subsection (1), the Director may revoke or impose permanent conditions on an aviation document if the Director—
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.
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 the District Court section 66 Section 18 substituted 1 June 2002 section 7 Civil Aviation Amendment Act 2002 Section 18(1A) inserted 30 March 2007 section 11 Civil Aviation Amendment Act 2004 Section 18(5) amended 1 March 2017 section 261 District Court Act 2016
19: Criteria for action taken under section 17 or section 18
1: The provisions of this section shall apply for the purpose of determining whether an aviation document should be suspended or made subject to conditions under section 17 or made subject to conditions section 18
2: Where this section applies,
a: the person's compliance history with transport safety regulatory requirements:
b: any conviction for any transport safety offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
c: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act.
3: The
4: The
a: seek and receive such information as
b: consider information obtained from any source.
5: If , but, in the case of the suspension of an aviation document or the imposition of conditions under section 17
6: Nothing in subsection (5) or subsection (7) requires the Director to disclose—
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
7: If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—
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 2020
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 49(1)﻿(a)﻿(i)
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) Section 19(1) amended 1 June 2002 section 8(1) Civil Aviation Amendment Act 2002 Section 19(2) amended 10 August 1992 section 13(1)﻿(a) Civil Aviation Amendment Act 1992 Section 19(2) amended 10 August 1992 section 13(1)﻿(b) Civil Aviation Amendment Act 1992 Section 19(3) amended 10 August 1992 section 13(2) Civil Aviation Amendment Act 1992 Section 19(4) amended 10 August 1992 section 13(3)﻿(a) Civil Aviation Amendment Act 1992 Section 19(4)﻿(a) amended 10 August 1992 section 13(3)﻿(b) Civil Aviation Amendment Act 1992 Section 19(5) amended 1 June 2002 section 8(2) Civil Aviation Amendment Act 2002 Section 19(5) amended 10 August 1992 section 13(4)﻿(a) Civil Aviation Amendment Act 1992 Section 19(6) substituted 1 June 2002 section 8(3) Civil Aviation Amendment Act 2002 Section 19(7) substituted 1 June 2004 section 12 Civil Aviation Amendment Act 2004 Section 19(7)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 19(7)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020
20: Power of
Director
1: The Director
2: Subject to subsection (3), the Director
a: amend any aviation document to reflect the fact that any privilege or duty for which the document has been granted is no longer being carried out, or is no longer able to be carried out, by the holder:
b: revoke any aviation document if none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder:
c: amend any aviation document to correct any clerical error or obvious mistake on the face of the document.
3: Before taking any action under subsection (2), the Director
4: The power to amend an aviation document under this section includes—
a: power to revoke the document and issue a new document in its place; and
b: power to impose reasonable conditions.
5: When the holder of an aviation document is notified that specified action is proposed under this section, the holder shall forthwith produce the document to the Director Section 20 heading amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(3) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 20(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
21: Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
1: Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property, the Director may, if authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following:
a: detain the aircraft or any aircraft of that class:
b: seize the aeronautical product or any aeronautical products of that class:
c: prohibit or impose conditions on
2: Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director may do all or any of the following:
a: prohibit or impose conditions on the operation of the aircraft or all aircraft of that class:
b: prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class:
c: detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use.
3: Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.
4: The Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.
5: Any person in respect of whom any decision is taken under this section may appeal against that decision to the District Court section 66
6: For the purpose of subsections (1) and (2)
7: Section 21(1)﻿(c) amended 10 August 1992 section 14(a) Civil Aviation Amendment Act 1992 Section 21(5) amended 1 March 2017 section 261 District Court Act 2016 Section 21(6) amended 10 August 1992 section 14(b) Civil Aviation Amendment Act 1992 Section 21(7) repealed 10 August 1992 section 14(c) Civil Aviation Amendment Act 1992
22: Delegation of Minister's functions or powers to Authority
1: The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister's functions and powers under this Act.
2: Every delegation under this section shall be in writing.
3: No delegation under this section shall include the power to delegate under this section.
4: The power of the Minister to delegate under this section—
a: is subject to section 28(9)
b: does not limit any power of delegation conferred on the Minister by any other Act.
5: Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation.
6: Where the Authority purports to act pursuant to any delegation under this section, the Authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
7: No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.
8: The Authority must not delegate any functions or powers delegated to the Authority by the Minister without the written consent of the Minister. Section 22 substituted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 22(8) added 25 January 2005 section 200 Crown Entities Act 2004
23: Delegation of Authority's functions or powers to employees of Authority
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
23A: Delegation of Director's functions or powers to employees of Authority
1: The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director's functions and powers under this Act or any other Act, or under any regulations or rules made under this Act, including functions or powers delegated to the Director under this Act.
2: Every delegation under this section shall be in writing.
3:
4: Notwithstanding subsection (1), the Director shall not delegate—
a:
b: the power under section 18
5: The provisions of sections 73(4) 74 to 76
6: The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister.
7: Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority.
8: Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues to have effect as if made by the employee for the time being holding that office. Section 23A inserted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 23A(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(4)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(5) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(6) added 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(7) added 25 January 2005 section 200 Crown Entities Act 2004 Section 23A(8) added 25 January 2005 section 200 Crown Entities Act 2004
23B: Delegation of
1:
2: Subject to this section, the Director may from time to time either generally or particularly delegate to any person who is not an employee of the Authority any of the Director's functions and powers under this Act, or under any regulations or rules made under this Act, other than—
a: the power under section 18
b: the power under section 41
c: the power under section 58
2A: Any function or power that may be delegated under subsection (2) to a person in New Zealand who is not an employee of the Authority may be delegated under that subsection to an officer of CASA for the purpose of enabling that officer to perform the function or exercise the power in Australia in respect of New Zealand AOCs with ANZA privileges.
3: Every delegation under this section shall be in writing.
4: No delegation shall be made under this section without the written consent of the Minister.
5: In any case where
6: The provisions of sections 73(4) 74 to 76
7: Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.
8: Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.
9:
10:
11: Every person purporting to act under any delegation under this section shall when reasonably requested to do so produce evidence of his or her authority to so act.
12: Any person who exercises any function or power under a delegation made under this section or under section 73 Section 23B inserted 10 August 1992 section 15 Civil Aviation Amendment Act 1992 Section 23B heading amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(2A) inserted 30 March 2007 section 13 Civil Aviation Amendment Act 2004 Section 23B(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(6) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(9) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(10) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 23B(12) amended 25 January 2005 section 200 Crown Entities Act 2004
23C: Restrictions on delegations
Notwithstanding sections 23 to 23B or section 73
a: neither the Authority nor the Director may delegate any function or power that does not relate to the functions or powers of the Aviation Security Service to any person in the Aviation Security Service without the prior written approval of the Minister:
b: neither the Authority nor the Director may delegate any function or power in relation to the Aviation Security Service to any person outside that Service without the prior written approval of the Minister:
c: the General Manager shall not delegate any function or power in relation to the Aviation Security Service to any employee of the Authority who is not in the Aviation Security Service without the prior written approval of the Minister. Section 23C inserted 20 August 1993 section 3 Civil Aviation Amendment Act 1993 Section 23C amended 25 January 2005 section 200 Crown Entities Act 2004
24: General power of entry
1: For the purpose of carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act or for the purpose of the ANZA mutual recognition agreements Director
a: any aircraft, aerodrome, building, or place:
b: any document or record concerning any aircraft, aeronautical product, or aviation related service.
1A: In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1) may only be exercised at the request of CASA.
2: Without limiting the power conferred by subsection (1), every person duly authorised by the Director
a: any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or
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
b: a condition imposed under any civil aviation document or Australian AOC with ANZA privileges
c: a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property— may at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.
3: Every person who is authorised to have access to or
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 or, in the case of an Australian AOC with ANZA privileges, under Australian law
b: must, if a document is surrendered under paragraph (a), orally inform the relevant aviation document holders or, if applicable, the relevant Australian AOC with ANZA privileges holder, as soon as practicable, and in writing that the document has been surrendered.
3A: The right of access and the powers conferred by any of subsections (1) to (3) may not be used to gain a right of access to, to inspect, or to require the production or surrender of a record specified in paragraph (a) or paragraph (b) of section 14C(2)
4: Nothing in subsection (1) or subsection (2) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3
5: Subject to subsections (5A) subparts 1 3 4 5 7 9 10
5A: Despite subsection (5), sections 118 119
6: Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Director
a: the name and the office or offices held by the person; and
b: that the person is authorised by the Director ; and
c: in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.
7: Every person exercising the power of entry conferred by subsections (1) and (2) shall produce the warrant of authority and evidence of identity—
a: if practicable on first entering the aircraft, aerodrome, building, or place; and
b: whenever subsequently reasonably required to do so.
8: Every constable Director Section 24(1) amended 30 March 2007 section 14(1) Civil Aviation Amendment Act 2004 Section 24(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(1A) inserted 30 March 2007 section 14(2) Civil Aviation Amendment Act 2004 Section 24(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(2)﻿(ab) inserted 30 March 2007 section 14(3) Civil Aviation Amendment Act 2004 Section 24(2)﻿(b) amended 30 March 2007 section 14(4) Civil Aviation Amendment Act 2004 Section 24(3) substituted 1 June 2002 section 9 Civil Aviation Amendment Act 2002 Section 24(3) amended 1 June 2004 section 14(5) Civil Aviation Amendment Act 2004 Section 24(3)﻿(a) amended 30 March 2007 section 14(6) Civil Aviation Amendment Act 2004 Section 24(3)﻿(b) substituted 30 March 2007 section 14(7) Civil Aviation Amendment Act 2004 Section 24(3A) inserted 10 September 1999 section 10 Transport Accident Investigation Commission Amendment Act 1999 Section 24(4) amended 1 October 2012 section 210(2) Search and Surveillance Act 2012 Section 24(5) replaced 1 October 2012 section 210(3) Search and Surveillance Act 2012 Section 24(5A) inserted 1 October 2012 section 210(3) Search and Surveillance Act 2012 Section 24(6) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(6)﻿(b) amended 30 March 2007 section 14(8) Civil Aviation Amendment Act 2004 Section 24(6)﻿(b) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 24(6)﻿(c) added 30 March 2007 section 14(8) Civil Aviation Amendment Act 2004 Section 24(8) amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008 Section 24(8) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
25: Powers of entry of Corporation
1: Subject to subsection (3), Airways Corporation of New Zealand Limited may—
a: enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment used for the purpose of carrying out the functions of the Corporation, being equipment installed before 1 January 1988; and
b: perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing any such equipment.
2: A certificate under the seal of the Corporation containing a statement that any equipment of a kind referred to in subsection (1) was installed before 1 January 1988 shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.
3: The power to enter upon land conferred by subsection (1) shall be subject to the following conditions:
a: entry to the land shall be made only by an officer, employee, or agent of the Corporation authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:
b: reasonable notice of the intention to enter shall be given, and the provisions of Part 10
c: entry shall be made at reasonable times:
d: the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority.
4: Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.
5: Any equipment owned by the Corporation that is fixed to or installed over or under the land and is not owned by the Corporation shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Corporation otherwise decides, and no person other than the Corporation shall have any interest in any such equipment by reason only of having an interest in the land. Section 25(3)﻿(b) amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993
26: Obligation to notify all accidents and incidents
1: The pilot-in-command of any aircraft that is involved in an accident shall notify the accident to the Authority as soon as practicable.
1A: Every person who—
a: operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, or aviation related service; and
b: is involved in an incident,— shall, where required to do so under rules made under this Act, notify the incident to the Authority.
2: If, due to injuries or death, the pilot-in-command is unable to give the necessary notice under subsection (1), the operator shall provide the necessary notice.
3: The co-ordinator of any search and rescue operation for any aircraft shall notify the Authority of the operation as soon as practicable.
4: The Authority or subsection (1A) the Authority Section 26(1) substituted 10 August 1992 section 16(1) Civil Aviation Amendment Act 1992 Section 26(1A) inserted 10 August 1992 section 16(1) Civil Aviation Amendment Act 1992 Section 26(3) substituted 10 August 1992 section 16(2) Civil Aviation Amendment Act 1992 Section 26(4) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 26(4) amended 10 August 1992 section 16(3) Civil Aviation Amendment Act 1992 Section 26(4) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992
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 constable
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) may be made orally or in writing, and the operator or holder of the certificate of registration (as the case may be) must comply with the request within 10 working days.
3: Subsection (1) does not apply if the operator or holder of the certificate of registration has been arrested or detained in relation to the suspected offence. Section 26A inserted 1 June 2002 section 10 Civil Aviation Amendment Act 2002 Section 26A(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
27: Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission
1: As soon as practicable after any accident or incident is notified to the Authority under section 26
a: an accident involving aircraft; or
b: a serious incident in accordance with the provisions of the Convention.
2: Where the Authority has been notified of a search and rescue operation under section 26(3) Section 27 substituted 13 August 1996 Civil Aviation Amendment Act 1996
2A: Medical certification
Part 2A inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27A: Interpretation
1: In this Part, unless the context otherwise requires,— accredited medical conclusion applicant licence holder
a: holds an aviation document or is a pilot; and
b: holds, or is required under the rules to hold, a 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 operator
2: A medical certificate is not an aviation document.
3: In this Part, the phrase privileges to which a medical certificate relates
a: holds a current aviation document; or
b: is permitted under the rules to operate an aircraft solo as a pilot. Section 27A inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27A(1) medical certificate substituted 1 June 2004 section 15 Civil Aviation Amendment Act 2004
27B: Power of Director to issue medical certificate
1: After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates.
2: Despite subsection (1), the Director may, relying on flexibility, issue a medical certificate to the applicant.
3: In subsection (2), flexibility
a: an accredited medical conclusion indicates that in special circumstances the applicant's failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and
b: the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and
c: the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant's duties is dependent on compliance with those conditions, restrictions, or endorsements.
4: The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section.
5: Before issuing a medical certificate, the Director—
a: must have regard to the report of the medical examiner and any other information that may be relevant; and
b: may require the applicant, at the applicant's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant.
6: If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director.
7: The Director must maintain a register of current medical certificates issued under this section.
8: Any decision made under this section by the Director in relation to a medical certificate other than a decision under subsection (5)﻿(b) is subject to section 27L Section 27B inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27C: Changes in medical condition of licence holder
1: Subject to any directions that the Director may issue under section 27G(1)﻿(b)
a: must advise the Director of the change as soon as practicable; and
b: may not exercise the privileges to which the licence holder's medical certificate relates.
2: Subject to any directions that the Director may issue under section 27G(1)﻿(b)
3: Subject to any directions that the Director may issue under section 27G(1)﻿(b)
a: inform the licence holder that the Director will be advised of the condition; and
b: advise the Director of the condition.
4: An aviation examiner or medical examiner or a
a: doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or
b: doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that—
i: concern a licence holder; and
ii: are relevant to any action the Director may take under this Part.
5: In this section, indemnified act
a: advising the Director, whether in writing or otherwise, that a licence holder—
i: may not meet the medical standards prescribed in the rules; or
ii: may be unable to exercise safely the privileges to which the licence holder's medical certificate relates:
b: expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or
i: illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or
ii: the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity:
c: stating to the Director, whether in writing or otherwise,—
i: the nature of a licence holder's illness, infirmity, defect, incapacity, or risk of incapacity; or
ii: the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity. Section 27C inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27C(3) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27C(4) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27C(5)﻿(b) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
27D: Medical examination, report, and disclosure
1: Before the Director issues a medical certificate, an applicant must have a medical examination by a medical examiner who must forward his or her report to the Director.
2: The Director may, by written notice, require any applicant to disclose, or authorise the disclosure of, any information relevant to his or her medical condition or history for the purpose of determining whether or not the applicant is eligible for a medical certificate under section 27B Section 27D inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27E: Expiry of medical certificate
The Director may, on receiving an application for a medical certificate from a licence holder before the expiry of his or her existing medical certificate, grant an extension of no more than 60 days from the expiry date of the licence holder's existing medical certificate with any additional conditions, restrictions, or endorsements as the Director considers necessary. Section 27E inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27F: Designation of aviation examiners and medical examiners
1: The Director must designate, by issuing an aviation document under section 9 section 27D
2: The Director may designate, by issuing an aviation document under section 9 Section 27F inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27G: General directions and emergency directives
1: The Director may
a: conducting examinations of applicants and licence holders, and reporting the results of those examinations to the Director; and
b: providing exceptions for temporary medical conditions to the reporting requirements set out in section 27C
c: specifying the requirements of examinations or other clinical matters, which must be reasonable, including, but not limited to,—
i: the medical content of examinations:
ii: the interpretation and analysis of results of examinations:
iii: the significance of results of examinations for the purpose of determining whether or not an applicant is eligible for a medical certificate under section 27B
2: Before issuing general directions under subsection (1), the Director must consult with those persons, health professionals with aviation medical experience, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that he or she considers appropriate.
3: General directions issued in relation to the matters specified in subsection (1)﻿(a) or (c) must be—
a: notified in writing to aviation examiners or medical examiners; and
b: incorporated in a medical manual issued by the Director.
4: The Director may issue directives in emergency situations without prior consultation.
4A: An emergency directive under subsection (4)—
a: takes effect when it is issued, or at any later time specified in it; and
b: expires on the day that is 90 days after the date on which it is issued.
5: The Director may reissue, as a general direction
6: The following are secondary legislation ( see Part 3
a: general directions under subsection (1):
b: emergency directives under subsection (4).
7: An emergency directive under subsection (4) commences in accordance with subsection (4A)﻿(a), even if it is not yet published. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27G inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27G(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(4A) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27G(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27H: Investigation of medical condition of licence holder
1: The Director may, by written notice, require any licence holder, at the licence holder's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate, if the Director has reasonable grounds to believe that the licence holder—
a: may be unable to exercise safely the privileges to which the medical certificate relates; or
b: has obtained his or her medical certificate fraudulently.
2: If the Director has delegated under section 27O section 27B
3: The Director may, by written notice, require any licence holder, at the Authority's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate if—
a: the Director—
i: is monitoring licence holders on the basis of random selection from the register of current medical certificates that is required to be maintained under section 27B(7)
ii: has reasonable grounds to believe that the licence holder's medical certificate was issued in error; or
iii: is monitoring aviation examiners or medical examiners for compliance with the requirements of this Act or the rules; and
b: the Director has reasonable grounds to believe that any of those tests, examinations, re-examinations, or medical information are necessary to investigate the matters specified in paragraph (a).
4: The Director may, by written notice, require any licence holder to disclose, or authorise the disclosure of, any relevant information for the purpose of determining whether or not the licence holder—
a: meets the medical standards prescribed in the rules; or
b: is able to exercise safely the privileges to which the medical certificate relates. Section 27H inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27I: Revocation, suspension, amendment, and surrender of medical certificate
1: If the Director has reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director may, by written notice to the licence holder,—
a: suspend any medical certificate issued to the licence holder; or
b: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
2: If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder's medical certificate relates, the Director must, by written notice to the licence holder,—
a: suspend any medical certificate issued to the licence holder; or
b: revoke any medical certificate issued to the licence holder; or
c: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.
3: If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O
a: may, by written notice to the licence holder,—
i: suspend any medical certificate issued to the licence holder; or
ii: revoke any medical certificate issued to the licence holder; or
iii: impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and
b: may, by written notice to the person with delegated authority, revoke that person's delegated authority.
4: Any notice issued under this section must state the grounds for the Director's decision.
5: A notice of suspension issued under subsection (1)﻿(a) or subsection (2)﻿(a) or subsection (3)﻿(a)﻿(i) remains in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any such suspension expires 10 working days after the date that the suspension is imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension for a further specified period not exceeding 10 working days (the aggregate suspension period may not exceed 20 working days after the date on which the suspension is imposed).
6: Any conditions, restrictions, or endorsements that are imposed or made under subsection (1)﻿(b) or subsection (2)﻿(c) or subsection (3)﻿(a)﻿(iii) remain in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any of those conditions, restrictions, or endorsements expire 10 working days after the date that they are imposed unless, before the expiry of that 10-working-day period, the Director extends the conditions, restrictions, or endorsements for a further specified period not exceeding 10 working days (the aggregate period may not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed).
7: If a notice is issued under subsection (1) or subsection (2) or subsection (3), the Director may, by written notice, take 1 or more of the following actions:
a: impose or amend conditions, restrictions, or endorsements for a specified period:
b: withdraw any conditions, restrictions, or endorsements:
c: disqualify the licence holder from holding the medical certificate for a specified period:
d: revoke the medical certificate:
e: cancel the suspension.
8: If the Director revokes a medical certificate under subsection (2)﻿(b) or subsection (3)﻿(a)﻿(ii) or subsection (7)﻿(d) or subsection (11) or imposes any conditions, restrictions, or endorsements on a medical certificate under subsection (7)﻿(a) or disqualifies a licence holder under subsection (7)﻿(c), the licence holder has 20 working days from the date of the decision to ask the convener to review the decision under section 27L
9: A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a constable
10: If the Director issues a notice under this section, the Director—
a: must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and
b: may notify any other affected aviation document holder.
11: The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1)
12: Any licence holder may return his or her medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate.
13: If a licence holder asks the Director to cancel his or her medical certificate, the Director must—
a: cancel the medical certificate; and
b: update the register of current medical certificates. Section 27I inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27I(9) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
27J: Appointment of convener and deputy convener
1: The Minister must—
a: appoint a convener and a deputy convener for a period of no longer than 3 years; and
b: consult with the Director, and other parties as the Minister thinks fit, before making either appointment; and
c: take into account any representations made under paragraph (b).
2: The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which may not exceed 3 years.
3: If the Minister renews an appointment, he or she must—
a: consult with the Director, and other parties as the Minister thinks fit, before making the renewal; and
b: take into account any representations made under paragraph (a).
4: The convener and the deputy convener must—
a: be
b: be able to represent the public interest in aviation safety.
5: If the convener is unavailable for any reason, the deputy convener must discharge the duties of the convener under this section until—
a: the convener is available; or
b: the Minister has appointed a new convener. Section 27J inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27J(4)﻿(a) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
27K: Cancellation of appointment as convener or deputy convener
1: The Minister may cancel a person's appointment under section 27J(1)
2: Before cancelling an appointment, the Minister must—
a: give the person written notice of the matters that constitute grounds for cancellation; and
b: give the person a reasonable opportunity to make representations that explain why his or her appointment should not be cancelled; and
c: take into account any representations made under paragraph (b).
3: If the Minister cancels an appointment, the Minister must give the person written notice of the cancellation that sets out the grounds for the cancellation. Section 27K inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27L: Review of decisions regarding medical certificates or applications
1: A licence holder or an applicant may, within 20 working days of a decision being made, ask the convener in writing to review the following decisions made by the Director about that person's medical certificate or application:
a: any decision made under section 27B section 27B(5)﻿(b)
b: any decision made under section 27I
i: section 27I(1)
ii: section 27I(2)﻿(a)
iii: section 27I(2)﻿(c)
iv: section 27I(3)﻿(a)﻿(i)
v: section 27I(3)﻿(a)﻿(iii)
2: If such a request is made, the convener must, as soon as practicable, review the decision.
3: The convener—
a: must draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the decision that is under review; and
b: must have regard to the purpose and scheme of the Act and the Director's duties under the Act when carrying out his or her review of the decision; and
c: may require the person who asked for the review, at that person's expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the convener considers reasonably necessary to carry out his or her review of the decision; and
d: must receive and consider the relevant evidence provided under subsection (6).
4: The convener must, as soon as practicable, report the results of his or her review to the Director in writing.
5: The Director must, within 10 working days of receiving the convener's report, implement the results of the decision contained within the convener's report or, if the Director does not implement the convener's report, notify the licence holder or applicant, in writing, of the Director's reasons for not doing so.
6: The licence holder or applicant or Director may, either directly or through his or her medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review.
7: The convener may not review a decision made by the Director if the convener—
a: acted as an aviation examiner or medical examiner of the person requesting the review with respect to that person's application for a medical certificate; or
b: has any other conflict of interest with respect to the person's medical certificate.
8: Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5). Section 27L inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27M: Referral to convener by agreement
1: An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application.
2: If an application is referred to the convener under subsection (1),—
a: the deadline imposed on the Director under section 27B(1)
b: the convener must,—
i: as soon as practicable, assess the application; and
ii: draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and
iii: require the applicant, at the applicant's expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and
iv: have regard to the purpose and scheme of the Act and the Director's duties under the Act when making his or her assessment of the application; and
v: as soon as practicable, report the results of his or her assessment to the Director in writing; and
vi: receive and consider the relevant evidence provided under subsection (5).
3: The Director must, within 10 working days of receiving the convener's report,—
a: consider the convener's report; and
b: make his or her decision in writing; and
c: provide to the applicant—
i: a copy of the convener's report; and
ii: a copy of the Director's decision.
4: If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director's eventual decision.
5: The applicant or Director may, either directly or through his or her medical experts, participate in the convener's assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application.
6: The convener may not assess the application if the convener—
a: acted as an aviation examiner or medical examiner of the applicant with respect to that person's application for a medical certificate; or
b: has any other conflict of interest with respect to the person's medical certificate. Section 27M inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27N: Delegation of Director's powers under this Part to
1: The Director may, either generally or particularly, delegate to any suitably qualified
2: Every delegation under this section must be in writing.
3:
4: Section 23A
5: Any delegation under this section may be made to a suitably qualified Section 27N inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27N heading amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27N(1) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003 Section 27N(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 27N(4) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 27N(5) amended 18 September 2004 section 175(1) Health Practitioners Competence Assurance Act 2003
27O: Delegation of Director's power under this Part to medical examiners who are not employees of Authority
1: The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the Authority any of the Director's functions and powers under this Part or under the rules relating to medical certification other than the power under this Part to revoke medical certificates.
2: Despite subsection (1), the Director must delegate to suitably qualified medical examiners who are not employees of the Authority the power to issue medical certificates to any person who qualifies for a medical certificate under section 27B(1) section 27Q(3)
3: Every delegation under this section must be in writing.
4: Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this section may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this Act and not by delegation.
5: Any delegation under this section may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office.
6: Every delegation under this section must be given for a specified period but in any event must be revocable at will.
7: No delegation under this section may—
a: affect or prevent the exercise of any function or power by the Director; or
b: affect the responsibility of the Director for the actions of any person acting under the delegation.
8: Every delegation under this section continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office.
9: Every person purporting to act under any delegation under this section may, when reasonably requested to do so, produce evidence of his or her authority to so act.
10: The Director may not delegate under this section any of his or her functions or powers under section 27L section 27M Section 27O inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
27P: Right of appeal to District Court
Any person affected by a decision of the Director under section 27B section 27B(5)﻿(b) section 27I(7) section 27L section 27M the District Court section 66 Section 27P inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27P amended 1 March 2017 section 261 District Court Act 2016
27Q: Transitional provisions
1: Part 67 of the rules (as it read immediately before the commencement of this Part) continues to apply to—
a: any application for a medical certificate lodged before the commencement of this Part:
b: any action begun with respect to a medical certificate before the commencement of this Part.
2: In the absence of rules providing for the issue of aviation documents to aviation examiners or medical examiners,—
a: the Minister must , by notice,
i: for examinations, training, and experience; and
ii: for ongoing training and development; and
iii: relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers; and
b: the Director must designate, by issuing an aviation document under section 9 section 27D
c: the Director may designate, by issuing an aviation document under section 9
3: In the absence of rules under section 30(b)﻿(x) , by notice,
a: any requirements for the grant of delegations by the Director under section 27O(2)
b: any requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2)
4: The following are secondary legislation ( see Part 3
a: a notice under subsection (2)﻿(a):
b: a notice under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 27Q inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001 Section 27Q(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27Q(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 27Q(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
27R: Savings
Any medical certificate issued under the rules before the commencement of this Part is deemed to be a medical certificate issued under this Part. Section 27R inserted 1 April 2002 section 5 Civil Aviation (Medical Certification) Amendment Act 2001
3: Rules
28: Power of Minister to make ordinary rules
1: The Minister may from time to time make rules (in this Act called ordinary rules) for all or any of the following purposes:
a: the implementation of New Zealand's obligations under the Convention:
ab: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:
b: the provision of aviation meteorological services, search and rescue services, and civil aviation security programmes and services:
c: assisting aviation safety and security, including (but not limited to) personal security:
ca: assisting economic development:
cb: improving access and mobility:
cc: protecting and promoting public health:
cd: ensuring environmental sustainability:
ce: any matter related or reasonably incidental to any of the following:
i: the Minister's objectives under section 14
ii: the Minister's functions under section 14A
iii: the Authority's objectives under section 72AA
iv: the Authority's functions and duties under section 72B
v: the Director's functions and powers under section 72I
d: any other matter contemplated by any provision of this Act.
2: Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation related service in different circumstances.
3: Any ordinary rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.
4: The commencement of any ordinary rule may be wholly suspended until it is applied by the Minister by notice ( see
5: An ordinary rule may, on any terms and conditions that are specified in the rule,—
a: require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or
b: empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.
5A: To avoid doubt, the terms and conditions specified in an ordinary rule may provide for—
a: consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or
b: public notice to be given of the exercise of any powers; or
c: any other matter.
6: No breach of any ordinary rule shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act.
7:
8: So far as the bylaws of any local authority are inconsistent with or repugnant to any ordinary rule made under this Act in force in the same locality, the bylaws shall be construed subject to the rules.
9: Notwithstanding clause 5
10: The following are secondary legislation ( see Part 3
a: ordinary rules under this section:
b: a notice under subsection (4).
11: If, under the Legislation Act 2019
12: An ordinary rule to which subsection (11) applies—
a: has effect only in relation to a person on whom it is served under subsection (11); and
b: comes into force in relation to that person immediately after it is served on the person (even though it is not published).
13: Service under subsection (11) may be effected in any way the Minister considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (1). Legislation Act 2019 requirements for secondary legislation made under subsection (1) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if for reasons of security it is inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it in accordance with subsections (11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under subsection (4). Legislation Act 2019 requirements for secondary legislation made under subsection (4) Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 Sch 1 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 28(1)﻿(ab) inserted 30 March 2007 section 16 Civil Aviation Amendment Act 2004 Section 28(1)﻿(c) substituted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)﻿(ca) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)﻿(cb) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)﻿(cc) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)﻿(cd) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(1)﻿(ce) inserted 1 December 2004 section 5 Civil Aviation Amendment Act (No 2) 2004 Section 28(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(5) substituted 1 August 2010 section 5 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 28(5A) inserted 1 August 2010 section 5 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 28(7) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(9) amended 7 August 2020 section 135 Public Service Act 2020 Section 28(10) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(11) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(12) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 28(13) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29: Rules relating to safety and security
1: Without limiting the power conferred by section 28
a:
b: rules providing for the use of aerodromes and other aviation related facilities, including but not limited to the following:
i: the provision of identification procedures for persons, aircraft, and any other aviation related things:
ii: the prevention of interference with aerodromes and other aviation related facilities:
c: general operating rules, air traffic rules, and flight rules, including but not limited to the following:
i: the conditions under which aircraft may be used or operated, or under which any act may be performed in or from an aircraft:
ii: the prevention of aircraft endangering persons or property:
d: rules providing for the control of things likely to be hazardous to aviation safety, including but not limited to the following:
i: the safe carriage of firearms and other dangerous or hazardous goods or substances by air:
ii: the construction, use, or operation of anything likely to be hazardous to aviation safety.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29(1)﻿(a) repealed 13 August 1996 Civil Aviation Amendment Act 1996 Section 29(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29A: Rules relating to airspace
1: Without limiting the power conferred by section 28
a: in the interests of safety or security within the civil aviation system; or
b: in the interests of national security; or
c: for any other reason in the public interest,— the Minister may make ordinary rules providing for the classification, designation, special use, prohibition, and the restriction of airspace and things affecting navigable airspace, including airspace used by aircraft used by the New Zealand Defence Force or a visiting force.
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 29A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
29B: Rules for noise abatement purposes
1: Without limiting the power conferred by section 28
2: Ordinary rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 29B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 29B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
30: Rules relating to general matters
1: Without limiting the power conferred by section 28
a: the designation, classification, and certification of all or any of the following:
i: aircraft:
ii: aircraft pilots:
iii: flight crew members:
iv: air traffic service personnel:
v: aviation security service personnel:
vi: aircraft maintenance personnel:
via: aviation examiners or medical examiners:
vii: air services:
viii: air traffic services:
ix: aerodromes and aerodrome operators:
x: navigation installation providers:
xi: aviation training organisations:
xii: aircraft design, manufacture, and maintenance organisations:
xiii: aeronautical procedures:
xiv: aviation security services:
xv: aviation meteorological services:
xvi: aviation communications services:
xvii: any other person who provides services in the civil aviation system, and any aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system:
b: the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things specified in paragraph (a), including but not limited to the following:
i: the specification of the privileges, limitations, and ratings associated with licences or other forms of approval:
ii: the setting of standards for training systems and techniques, including recurrent training requirements:
iii: the setting of medical standards for personnel:
iv: the requirement for proof of access to appropriate weather services:
v: the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products:
vi: the requirements for notification of insurance coverage for air services
vii: the format of aviation documents, forms, and applications, including the specification of information required on all application forms for aviation documents:
viii: the provision of information to the Authority or the Director
ix: the requirements relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers:
x: the requirements for the grant of delegations by the Director under section 27O(2)
xi: the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2)
xii: the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion:
c: the conditions of operation of foreign aircraft and international flights to, from, or within New Zealand:
ca: to provide for the privileges of an air operator certificate to include conducting air operations in Australia:
d: the definitions, abbreviations, and units of measurement to apply within the civil aviation system:
e: prescribing the design and colours of the New Zealand Civil Air Ensign, and where and by whom it may be flown.
2: Ordinary rules under this section are secondary legislation ( see Part 3 1964 No 68 s 29(4), (5) 1970 No 52 s 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if the Minister considers that for reasons of security it is inappropriate to notify the secondary legislation. In that case, section 28(11) to (13) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 30(1)﻿(a)﻿(via) inserted 1 April 2002 section 7(1) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)﻿(b)﻿(vi) amended 10 August 1992 section 19 Civil Aviation Amendment Act 1992 Section 30(1)﻿(b)﻿(viii) amended 10 August 1992 section 40(3) Civil Aviation Amendment Act 1992 Section 30(1)﻿(b)﻿(ix) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)﻿(b)﻿(x) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)﻿(b)﻿(xi) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)﻿(b)﻿(xii) added 1 April 2002 section 7(2) Civil Aviation (Medical Certification) Amendment Act 2001 Section 30(1)﻿(ca) inserted 30 March 2007 section 17 Civil Aviation Amendment Act 2004 Section 30(1)﻿(e) added 13 August 1996 Civil Aviation Amendment Act 1996 Section 30(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
31: Power of Director to make emergency rules
1: Subject to subsection (2), the Director may from time to time, in accordance with section 35
2: The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned.
3: The Minister may revoke any emergency rule made under subsection (1)
4: The following are secondary legislation ( see Part 3
a: emergency rules under subsection (1):
b: a revocation under subsection (3).
5: If, under the Legislation Act 2019
6: If subsection (5) applies to an emergency rule or revocation,—
a: the Director may serve a copy of it on the persons (if any) who the Director considers appropriate; and
b: it comes into force in relation to that person immediately after it is served on the person (even though it is not published).
7: Service under subsection (5) may be effected in any way the Director considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if for reasons of safety or security it is impracticable or inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it accordance with subsections (5) to (7) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 31(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
32: Procedures relating to rules
1: Every ordinary rule shall—
a: be signed by the Minister; and
b: contain a statement specifying the objective of the rule and the extent of any consultation under section 34
c: set out fully the requirements of the rule, except where certain information is, under section 36
2: Every emergency rule shall—
a: be signed by the Director; and
b: contain a statement specifying the objective of the rule and the extent of the consultation under section 35
c: set out fully the requirements of the rule, except where certain information is, under section 36 Section 32(1)﻿(c) substituted 1 June 2004 section 18(1) Civil Aviation Amendment Act 2004 Section 32(2)﻿(c) substituted 1 June 2004 section 18(2) Civil Aviation Amendment Act 2004
33: Matters to be taken into account in making rules
1: The ordinary rules made by the Minister and the emergency rules made by the Director shall not be inconsistent with the following:
a: the standards of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:
b: New Zealand's international obligations relating to aviation safety and security.
2: In making, or recommending the making of, a rule
a: the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:
b: the level of risk existing to aviation safety in each proposed activity or service:
c: the nature of the particular activity or service for which the rule is being established:
d: the level of risk existing to aviation safety and security in New Zealand in general:
e: the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
f: whether the proposed rule—
i: assists economic development:
ii: improves access and mobility:
iii: protects and promotes public health:
iv: ensures environmental sustainability:
fa: the costs of implementing measures for which the rule is being proposed:
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:
h: such other matters as the Minister or the Director considers appropriate in the circumstances. Section 33(2) amended 1 August 2010 section 6 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 33(2)﻿(e) substituted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)﻿(f) substituted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)﻿(fa) inserted 1 December 2004 section 6 Civil Aviation Amendment Act (No 2) 2004 Section 33(2)﻿(g) substituted 30 March 2007 section 19 Civil Aviation Amendment Act 2004
34: Procedure for making ordinary rules
1: Before making any ordinary rule, the Minister must, as the Minister in each case considers appropriate,—
a: publish a notice of his or her intention to make the rule; and
b: consult—
i: the persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies; and
ii: the Environmental Protection Authority, established by section 7 section 2(1)
2:
3:
4: Section 34(1) substituted 1 August 2010 section 7(1) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 34(1)﻿(b)﻿(ii) substituted 1 July 2011 section 53(1) Environmental Protection Authority Act 2011 Section 34(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34(4) repealed 1 August 2010 section 7(3) Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
34A: Governor-General may make ordinary rules
1: Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.
2: The Minister must have regard to the criteria specified in section 33(2)
3: Sections 32(1)﻿(a) 34(1)
4:
5: The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.
6: An order under this section—
a: is secondary legislation ( see Part 3
b: is not to be drafted by the PCO under section 67(d)﻿(i)
7: If, under the Legislation Act 2019
8: An order to which subsection (7) applies—
a: has effect only in relation to a person on whom it is served under subsection (7); and
b: comes into force in relation to that person immediately after it is served on the person (even though it is not published).
9: Service under subsection (7) may be effected in any way the Minister considers appropriate. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price However, that requirement does not apply if for reasons of security it is inappropriate to notify the secondary legislation. In that case, the maker must serve copies of it in accordance with subsections (7) to (9) The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34A inserted 1 August 2010 section 8 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 34A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 34A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
35: Procedure for making emergency rules
1: Before making an emergency rule, the Director shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Director in each case considers appropriate.
2:
3:
4:
5: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director 30
5A: The Minister may, at any time while an emergency rule is in force in accordance with subsection (5), by notice
5B: Before renewing an emergency rule under subsection (5A), the Minister shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister thinks appropriate.
6: So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail.
7: A notice under subsection (5A) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 35(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(5) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(5) amended 20 August 1993 section 5 Civil Aviation Amendment Act 1993 Section 35(5A) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(5A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 35(5B) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 35(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
36: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:
a: any standards, requirements, or recommended practices of international aviation organisations:
b: any standards, requirements, or rules—
i: prescribed under law by any other contracting State of ICAO:
ii: of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:
iii: of any aviation sport or aviation recreation organisation:
c: any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the rule.
3: A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister or the Director (as the case may be); and
b: retained by the Director.
4: Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.
5: The Director must give notice in the Gazette
a: that the material is incorporated in the rule and the date on which the rule was made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: the place where the material can be purchased; and
f: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge.
7: Part 3
8: Nothing in section 114
9: Subsections (1) to (8) do not affect the application of sections 29 to 32 Section 36 substituted 1 August 2010 section 9 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 36(7) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 36(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 36(9) amended 1 March 2016 section 45(1) Standards and Accreditation Act 2015
37: Exemption power of Director
1: The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28 29A 29B 30
2: Before granting an exemption under subsection (1), the Director shall be satisfied in the circumstances of each case that—
a: the requirement has been substantially complied with and that further compliance is unnecessary; or
b: the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or
c: the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or
d: events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,— and that the risk to safety will not be significantly increased by the granting of the exemption.
3: The number and nature of exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette
4: Nothing in this section shall apply in any case where any rule specifically provides that no exemptions are to be granted. Section 37(1) amended 1 August 2010 section 10 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
4: Fees and charges
38: Fees and charges
1: Without limiting the power to make regulations conferred by section 100
a: to provide funds for the establishment, maintenance, and operation of works, facilities, and services under this Act:
b: to defray the costs and expenses incurred by the Ministry or the Authority or any of their
ba: to reimburse the Authority and the convener for costs directly associated with the Director's functions and the convener's functions under Part 2A
c: generally for the purposes of civil aviation.
2: Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis.
3: Any such regulations may—
a: specify the persons by whom and to whom any fees or charges are payable:
b: prescribe penal or overtime or additional fees or charges or rates for work or services carried out outside normal working hours or at weekends or on statutory holidays:
c: prescribe additional charges for reimbursement of travelling time, accommodation, and other expenses:
d: require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns:
e: provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases.
4: Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority.
4A: The power to prescribe, or provide for the fixing of, fees and charges in respect of any matter under this Act includes the power to prescribe, or provide for the fixing of, fees or charges, or both, in respect of any matter.
4B: Nothing in this section or in section 100 Airports (Cost Recovery for Processing of International Travellers) Act 2014
5: For the purposes of this section, the expressions airport airport authority Airport Authorities Act 1966
6: Regulations under this section are secondary legislation ( see Part 3 1964 No 68 ss 13, 13A 1986 No 128 s 8(3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 38(1)﻿(b) amended 10 August 1992 section 20(1) Civil Aviation Amendment Act 1992 Section 38(1)﻿(ba) inserted 1 April 2002 section 8 Civil Aviation (Medical Certification) Amendment Act 2001 Section 38(4A) inserted 10 August 1992 section 20(2) Civil Aviation Amendment Act 1992 Section 38(4B) inserted 15 February 2014 section 21(1) Airports (Cost Recovery for Processing of International Travellers) Act 2014 Section 38(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
39: Rebates
1: The person or authority to whom any fees or charges are payable under regulations made under this Act may grant a rebate of such fees or charges to any person who is liable to pay them.
2: Every rebate of fees or charges granted under subsection (1) shall—
a: be based on the quantity of services used by the person liable to pay the fees or charges; and
b: be offered on an equal percentage basis to any other person using a similar quantity of such services; and
c: be granted in accordance with regulations made under this Act.
40: Payment of fees and charges
1: Except as otherwise provided in regulations made under this Act, every application under this Act shall be accompanied by payment of all relevant prescribed fees and charges.
2: Any regulations made under this Act may—
a: prescribe a date by which any such fee or charge is payable or authorise the Authority
b: provide for a discount for early payment of any such fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge. Section 40(1) substituted 10 August 1992 section 21(1) Civil Aviation Amendment Act 1992 Section 40(2)﻿(a) amended 10 August 1992 section 21(2) Civil Aviation Amendment Act 1992
41: Suspension or revocation of aviation document where prescribed fees or charges unpaid
1: Where any fee or charge payable under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the aviation document to which the unpaid fee or charge relates.
2: Where any fee or charge payable under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the fee or charge relates.
3: Before suspending an aviation document under subsection (1), or revoking an aviation document under subsection (2), the Director shall notify the holder of that document of—
a: the Director's intention to suspend or revoke the document; and
b: the right of appeal available to the holder of that document in the event of the document being suspended or revoked.
4: Where a fee or a charge is payable in respect of an application under this Act or the provision of a service under this Act, the Authority or the Director or other person asked to process the application or provide the service, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.
5: The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to the District Court section 66 Section 41 substituted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 41(5) amended 1 March 2017 section 261 District Court Act 2016
42: Recovery of fees and charges for aviation related services
1: Subject to subsection (2), where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Authority or the Director in respect of any aircraft, the person whose name appears on the New Zealand Register of Aircraft in respect of that aircraft shall be deemed to be liable to pay that fee or charge.
2: Any person who would otherwise be liable to pay a fee or charge in relation to any aircraft in terms of subsection (1) shall not be so liable if that person—
a: proves that during any relevant period of use of the aircraft that person was not entitled, whether alone or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and
b: has taken all reasonable steps to supply the Authority with such information as would identify the actual user. Section 42 substituted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Levies Heading inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992
42A: Governor-General may impose levies
1: Subject to subsection (3), for the purpose of enabling the Authority to carry out its functions under this Act and any other Act, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council impose on all or any of the persons referred to in subsection (2) a levy payable to the Authority, and may in the same manner vary any such order.
2: A levy may be imposed under subsection (1) on—
a: the holders of aviation documents of any class or classes specified in the order:
b: persons who, but for an exemption granted under this Act, would be required by this Act to hold an aviation document of the class or classes specified in the order.
3: The Minister shall not make any recommendation under subsection (1) unless—
a: the recommendation has been made at the request and with the concurrence of the Authority; and
b: he or she is satisfied that the Authority's income from other sources is not or will not be sufficient to enable it to perform its functions under this Act without the imposition of a levy at the rate recommended; and
c: he or she is satisfied that the Authority has consulted with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.
4: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42A inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 42A(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42B: Basis on which levies may be imposed
1: Different rates of levies may be imposed or varied under section 42A
2: The rate of any levy imposed or varied under section 42A
a: the quantity of aviation fuel purchased by any person:
b: the number of passengers able to be carried on any aircraft:
c: the number of passengers actually carried on any aircraft:
d: the amount of freight able to be carried on any aircraft:
e: the amount of freight actually carried on any aircraft:
f: the distance flown by any aircraft:
g: aircraft size or capacity:
h: the purpose for which any aircraft or aeronautical product is used or for which an aviation related service is supplied:
i: any other basis whatever that relates to the use, capacity, or size of—
i: any aircraft; or
ii: any aeronautical product; or
iii: any aviation related service; or
iv: any privileges exercisable under any aviation document. Section 42B inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992
42C: Effect if levy order not confirmed
1:
2:
3: If an Order in Council made under section 42A subpart 3
a: every levy imposed or increased or decreased by the order shall thereupon cease to be payable:
b: the revocation
c: where a payment of a levy under the order has been made in error or in excess of the amount payable, then, except so far as any other provision is made by any other Act in respect thereof, the person in respect of whom the payment was made shall, upon application made to the Authority, be entitled to a refund of the amount paid in error or in excess of the amount payable.
4: Every application under subsection (3)﻿(c) shall be in a form provided for the purpose by the Authority and shall contain such information as the Authority considers necessary to enable the refund to be made in accordance with this section.
5: Section 42C inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992 Section 42C heading replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(1) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 42C(3)﻿(b) amended 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 42C(5) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
42D: Other provisions relating to levies
1: Every levy imposed under section 42A
2: An Order in Council made under section 42A
a: specify the persons by whom any levy is payable and the place at which it is payable:
b: prescribe a date by which any levy is payable or authorise the Authority to fix the date by which the levy is payable:
c: require returns to be made by persons by whom any levy is payable, and prescribe conditions relating to the making of such returns.
3: Every levy imposed under section 42A section 41
4: Every such levy order is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 Section 42D inserted 10 August 1992 section 22 Civil Aviation Amendment Act 1992
5: Offences and penalties
Safety offences
43: Endangerment caused by holder of aviation document
1: Every holder of an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
b: in the case of a body corporate
3: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 43(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
43A: Operating aircraft in careless manner
1: Every person commits an offence who operates any aircraft in a careless manner.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $7,000; or
b: in the case of a body corporate, to a fine not exceeding $35,000.
3: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 43A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 43A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
44: Dangerous activity involving aircraft, aeronautical product, or aviation related service
1: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property.
2: Every person commits an offence who—
a: causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or
b: causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,— in a manner which causes unnecessary danger to any other person or to any property.
3: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
b: in the case of a body corporate
4: The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act. Section 44(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 44(3)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
44A: Failure to comply with inspection or
monitoring
1: Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 15
2: Every person who commits an offence against subsection (1) is liable on conviction
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 $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued. Section 44A inserted 10 August 1992 section 23 Civil Aviation Amendment Act 1992 Section 44A heading amended 1 June 2002 section 11 Civil Aviation Amendment Act 2002 Section 44A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
45: Court may disqualify holder of aviation document or impose conditions on holding of document
1: In addition to any penalty the court may impose under section 43 or section 43A section 44 or section 44A
a: disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document; or
b: impose on any aviation document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit— for such period not exceeding 12 months as the court thinks fit.
2: Nothing in subsection (1) shall affect or prevent the exercise by the Director section 9 Section 45(1) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 45(1) amended 10 August 1992 section 24 Civil Aviation Amendment Act 1992 Section 45(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
46: Acting without necessary aviation document
1: Every person commits an offence who—
a: operates, maintains, or services; or
b: does any other act in respect of— any aircraft, aeronautical product, or aviation related service, either without holding the appropriate current aviation document or knowing that a current aviation document is required to be held in respect of that aircraft, product, or service before that act may lawfully be done and knowing that the appropriate aviation document is not held.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
b: in the case of a body corporate Section 46(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 46(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
46A: Acting without required medical certificate
1: Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person—
a: does not hold an appropriate current medical certificate issued under Part 2A
b: knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or
c: fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4)
2: Every person who commits an offence under subsection (1) is liable on conviction Section 46A inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
46B: Fraudulent, misleading, or intentionally false statements to obtain medical certificate
1: Every person commits an offence who makes or causes to be made—
a: any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A
b: any fraudulent, misleading, or intentionally false entry in any logbook, record, form, or report that is required to be kept, made, or used to show compliance with any conditions, restrictions, or endorsements placed on any medical certificate under Part 2A
c: any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A
d: any fraudulent, misleading, or intentionally false statement during an investigation under section 27H section 27L section 27M
2: Every person who commits an offence under subsection (1) is liable on conviction Section 46B inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
46C: Failure to disclose information required by Director
1: Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) section 27H
2: Every person who commits an offence under subsection (1) is liable on conviction Section 46C inserted 1 April 2002 section 9 Civil Aviation (Medical Certification) Amendment Act 2001 Section 46C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction
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. Section 46D inserted 30 March 2007 section 20 Civil Aviation Amendment Act 2004 Section 46D(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction
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. Section 46E inserted 30 March 2007 section 20 Civil Aviation Amendment Act 2004 Section 46E(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
47: Additional penalty for offences involving commercial gain
1: In addition to any penalty the court may impose under section 43 section 44 or section 44A section 46
2: For the purpose of subsection (1), the value of any gain shall be assessed by the court, and shall be recoverable in the same manner as a fine. Section 47(1) amended 10 August 1992 section 25 Civil Aviation Amendment Act 1992 General offences
48: Applying for aviation document while disqualified
1: Every person commits an offence who applies for or obtains an aviation document while disqualified by an order of the court from obtaining such a document and any such document so obtained shall be of no effect.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or a fine not exceeding $2,000; or
b: in the case of a body corporate and the court may order the person to be disqualified from holding or obtaining an aviation document for such period not exceeding 12 months as the court thinks fit. Section 48(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 48(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
49: Communicating false information or failing to disclose information relevant to granting or holding of aviation document
1: Every person commits an offence who,—
a: by any means, provides to the Authority or the Director information relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act, knowing the information to be false; or
b: being an applicant for an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the Authority's or the Director's exercise of powers under this Act, or under regulations or rules made under this Act; or
c: being the holder of an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the condition specified in section 9(3)
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000
b: in the case of a body corporate $50,000 Section 49(1) substituted 10 August 1992 section 26 Civil Aviation Amendment Act 1992 Section 49(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49(2)﻿(a) amended 1 June 2004 section 21(a) Civil Aviation Amendment Act 2004 Section 49(2)﻿(b) amended 1 June 2004 section 21(b) Civil Aviation Amendment Act 2004 Section 49(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
49A: Carrying on scheduled international air service without licence or contrary to licence
1: Every person commits an offence who—
a: carries on a scheduled international air service in New Zealand without a licence granted under Part 8A
b: being the holder of a licence granted under Part 8A
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000
b: in the case of a body corporate, to a fine not exceeding $50,000 Section 49A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 49A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49A(2)﻿(a) amended 1 June 2004 section 22(a) Civil Aviation Amendment Act 2004 Section 49A(2)﻿(b) amended 1 June 2004 section 22(b) Civil Aviation Amendment Act 2004
49B: Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
1: Every person commits an offence who—
a: operates a non-scheduled international flight to which section 87ZE
b: being the holder of an open aviation market licence, carries on a non-scheduled international flight in a manner contrary to the terms and conditions of the licence.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $6,000
b: in the case of a body corporate, to a fine not exceeding $30,000 Section 49B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 49B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 49B(2)﻿(a) amended 1 June 2004 section 23(a) Civil Aviation Amendment Act 2004 Section 49B(2)﻿(b) amended 1 June 2004 section 23(b) Civil Aviation Amendment Act 2004
50: Obstruction of persons duly authorised by
Director
1: Every person commits an offence who obstructs or impedes any person who is duly authorised by the Director on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000; or
b: in the case of a body corporate
2: Subsection (1) shall apply only where the person obstructed or impeded is in uniform or produces evidence of his or her authority. Section 50 heading amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 50(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 50(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 50(1)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
50A: Failure or refusal to produce or surrender documents
1: Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a requirement made in accordance with section 24(3)
2: Every person who commits an offence against subsection (1) is liable on conviction Section 50A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 50A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
51: Trespass
Every person commits an offence and is liable on conviction Director constable Section 51 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 51 amended 1 October 2008 section 116(a)﻿(iii) Policing Act 2008 Section 51 amended 20 August 1993 section 17 Civil Aviation Amendment Act 1993
52: Failure to maintain accurate records
1: Every person commits an offence who contravenes any provision of this Act or any rule made under this Act that requires that person—
a: to make accurate entries in a record; or
b: to maintain an accurate record; or
c: to produce to the Authority or the Director
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate Section 52(1)﻿(c) amended 10 August 1992 section 40(3) Civil Aviation Amendment Act 1992 Section 52(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
52A: Failure to notify emergency breach of Act or regulations or rules
Every pilot-in-command commits an offence and is liable on conviction section 13A(6) Section 52A inserted 10 August 1992 section 27 Civil Aviation Amendment Act 1992 Section 52A amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52A amended 1 June 2002 section 12 Civil Aviation Amendment Act 2002
52B: Failure to notify accident or incident
1: Every pilot-in-command or operator commits an offence who, without reasonable excuse, fails to comply with subsection (1) or subsection (1A) or subsection (2) of section 26
2: Every pilot-in-command or operator who commits an offence against subsection (1) is liable on conviction
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. Section 52B inserted 10 August 1992 section 27 Civil Aviation Amendment Act 1992 Section 52B(2) substituted 1 June 2004 section 24 Civil Aviation Amendment Act 2004 Section 52B(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction
a: in the case of an individual, to a fine not exceeding $10,000
b: in the case of a body corporate, to a fine not exceeding $50,000 Section 52C inserted 1 June 2002 section 13 Civil Aviation Amendment Act 2002 Section 52C(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 52C(2)﻿(a) amended 1 June 2004 section 25(a) Civil Aviation Amendment Act 2004 Section 52C(2)﻿(b) amended 1 June 2004 section 25(b) Civil Aviation Amendment Act 2004
53: Contravention of emergency rule, prohibition, or condition
Every person who, without reasonable excuse, acts in contravention of or fails to comply with any emergency rule made under section 31 section 21 on conviction
a: in the case of an individual, to a fine not exceeding $5,000; or
b: in the case of a body corporate Section 53 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 53(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
53A: Flight over foreign country without authority or for improper purpose
1: This section applies to—
a: any aircraft that is registered or required to be registered in New Zealand under this Act:
b: any other aircraft operated by a person who is normally resident in
2: Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over a foreign country or territory, knowingly allows that aircraft to be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory.
3: In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, the foreign country or territory, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the aircraft was being so used.
4: Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, knowingly fails to comply with any direction that is given in respect of the aircraft by the appropriate aeronautical authority of that country or territory where—
a: the flight is not duly authorised; or
b: there are reasonable grounds for the appropriate aeronautical authority to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory,— unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction.
5: In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given.
6: The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority.
7: For the purposes of this section, appropriate aeronautical authority
8: Every person who commits an offence against subsection (2) or subsection (4) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000. Section 53A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 53A(1)﻿(b) amended 29 November 2010 section 406(1) Immigration Act 2009 Security offences
54: Security area
and security enhanced area
1: Every person commits an offence who, on being found in a security area or security enhanced area
a: refuses to state his or her name, address, and authority to enter the security area or security enhanced area
i: having been informed that he or she is in a security area or security enhanced area
ii: having been requested by an aviation security officer to state those particulars; or
b: refuses forthwith to leave the security area or security enhanced area
2: Every person who commits an offence under subsection (1) in relation to a—
a: security area is liable on conviction
b: security enhanced area is liable on conviction 1964 No 68 s 21E(3), (6) 1976 No 153 s 4 Section 54 heading amended 18 January 2008 section 7(1) Civil Aviation Amendment Act 2007 Section 54(1) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)﻿(a) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)﻿(a)﻿(i) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(1)﻿(b) amended 18 January 2008 section 7(2) Civil Aviation Amendment Act 2007 Section 54(2) substituted 18 January 2008 section 7(3) Civil Aviation Amendment Act 2007 Section 54(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 54(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
55: Personation or obstruction of aviation security officer
1: Every person commits an offence who, not being an aviation security officer,—
a: by words, conduct, demeanor, or the assumption of the dress, name, designation, or description of an aviation security officer, holds himself or herself out as being an aviation security officer; or
b: wilfully obstructs, or incites or encourages any person to obstruct an aviation security officer in the execution of his or her duty.
2: Every person who commits an offence against subsection (1) is liable on conviction 1964 No 68 s 21I 1976 No 153 s 4 Section 55(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
56: Communicating false information affecting safety
1: Every person commits an offence who by any means provides to another person information relating to the safety of an aircraft, aerodrome, aeronautical product, aviation related service, or any other facility or product used in or connected with aviation, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false.
2: Every person who commits an offence against subsection (1) is liable on conviction
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or
b: in the case of a body corporate
3: Where the commission of an offence against subsection (1) causes financial loss to any person and where the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person. Section 56(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 56(2)﻿(b) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992
56A: Security check offences
1: Every person commits an offence who, in relation to a security check of that person,—
a: provides information that the person knows is false or misleading in a material particular; or
b: fails to disclose, without reasonable excuse, information that the person knows to be materially relevant.
2: Every person who commits an offence under subsection (1) is liable on conviction Section 56A inserted 26 September 2007 section 8 Civil Aviation Amendment Act 2007 Section 56A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Infringement offences
57: Infringement offences
1: In this Act infringement offence or an offence against a provision specified in section 65Q(2)
2: Subject to section 65P
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 58 Section 57(1) amended 1 June 2004 section 26(1) Civil Aviation Amendment Act 2004 Section 57(2) amended 1 June 2004 section 26(2) Civil Aviation Amendment Act 2004 Section 57(2)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
58: Infringement notices
1: Where the Director Director Director
2: An infringement notice may be served—
a: by delivering it personally to the person who appears to have committed the infringement offence; or
b: by sending it by post addressed to him or her at his or her last known place of residence or business; or
c: where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8
3: An
4: Every infringement notice shall be in the prescribed form and shall contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee for that offence:
c: the address at which the infringement fee may be paid:
d: the time within which the infringement fee shall be paid:
e: a summary of the provisions of section 21(10)
f: a statement of the right of the person served with the notice to request a hearing:
g: a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:
h: such other particulars as are prescribed in regulations made under this Act.
5: Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.
6: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 58(1) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 58(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Disqualification
59: Effect of disqualification
1: Where the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect.
2: If the holder of an aviation document is disqualified from holding or obtaining a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director 1964 No 68 s 24A 1975 No 34 s 6 Section 59(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
60: Commencement of period of disqualification
Where an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date. 1964 No 68 s 24C 1975 No 34 s 6
61: Retention and custody of document
1: Where by an order of a court the holder of an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—
a: the court where the order was made; or
b: to the Authority.
2: Where an aviation document is so surrendered, it shall forthwith be forwarded to the Director
3: If the person entitled to the document is a person to whom section 59(2) 1964 No 68 s 24D 1975 No 34 s 6 Section 61(1)﻿(b) substituted 10 August 1992 section 28 Civil Aviation Amendment Act 1992 Section 61(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
62: Removal of disqualification
1: Subject to this section, any person who by order of a court is disqualified for a period exceeding 6 months from holding or obtaining an aviation document may, after the expiration of 6 months after the date on which the order of disqualification became effective, apply to the court by which that order was made to remove the disqualification.
2: On an application under this section the court may, having regard to the character of the applicant and the applicant's conduct subsequent to the order, the nature of the offence, and any other circumstances of the case, remove the disqualification as from such date as may be specified in the order or refuse the application.
3: Where the disqualification was ordered by the District Court
4: Notice of every application under this section shall be served on the Director 1964 No 68 s 24E 1975 No 34 s 6 Section 62(3) amended 1 March 2017 section 261 District Court Act 2016 Section 62(4) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
63: Particulars of disqualification orders, etc, to be sent to
Director Where a court makes an order disqualifying a person from holding or obtaining an aviation document or imposes restrictions or conditions (or both) on any aviation document held by or issued to any person or makes an order under section 62 Director 1964 No 68 s 24F 1975 No 34 s 6 Section 63 amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Section 63 amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
64: Appeals against disqualification
1: For the purposes of Part 6 Criminal Procedure Act 2011 the District Court
2: Any person who is disqualified by an order of the District Court Part 6
3: Any person who is disqualified by an order of the High Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal to the Court of Appeal against the refusal in accordance with Part 6
4: Where application is made to the Court of Appeal for leave to appeal to that court against a sentence of the High Court that is or includes an order of disqualification, the High Court may, if it thinks fit, defer the operation of the order pending the application for leave to appeal and, if leave is granted, pending the appeal.
5: Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director
6: In determining the expiration of the period for which a person is disqualified from holding or obtaining an aviation document, any time during which the operation of the disqualification order is deferred under this section shall be disregarded. 1964 No 68 s 24G 1975 No 34 s 6 Section 64(1) amended 1 March 2017 section 261 District Court Act 2016 Section 64(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(2) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(2) amended 1 March 2017 section 261 District Court Act 2016 Section 64(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 64(5) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992 Charging documents and burden of proof Heading replaced 1 July 2013 section 413 Criminal Procedure Act 2011
65: Time for filing charging document
Despite anything to the contrary in section 25 Section 65 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
65AA: Burden of proof of reasonable excuse
In proceedings for an offence against any of sections 44A(1) 46C(1) 49(1)﻿(b) and (c) 50A(1) 51 52A 52B(1) 52C(1) 53 56A(1)﻿(b) 65P(6) 77I(1) 96B(1) and (2) 99C(1)﻿(a) and (b)
a: the prosecutor need not assert absence of reasonable excuse in the charging document; and
b: the burden of proving that the defendant had a reasonable excuse lies on the defendant. Section 65AA inserted 1 July 2013 section 413 Criminal Procedure Act 2011
5A: Unruly passenger offences
Part 5A inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Preliminary provisions Heading inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
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), in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft.
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 constable
6: For the purposes of this Part, person authorised by the Director Section 65A inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65A(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
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. Section 65B inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
65C: Liability for offences under Summary Offences Act 1981 despite extraterritoriality
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 7 9 11 27
2: To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 7 27 Section 65C inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
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), proceedings for an unruly passenger offence committed on a foreign aircraft outside of New Zealand may be commenced without the Attorney-General's consent if—
a: a copy of the infringement notice is filed or particulars of the infringement notice are provided 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. Section 65D inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65D(3)﻿(a) substituted 1 March 2007 section 32(1) Summary Proceedings Amendment Act 2006
65E: Proceedings for offences
1:
2:
3: Despite anything to the contrary in section 25 sections 65F 65G(1)﻿(d)
4: Subject to section 65C Section 65E inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65E(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65E(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65E(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Unruly passenger offences Heading inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
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) is liable on conviction Section 65F inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65F(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction
3: Every person who commits an offence against subsection (1)﻿(d) is liable on conviction
4: It is a defence in a prosecution under subsection (1)﻿(a) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard by a crew member. Section 65G inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65G(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65G(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction Section 65H inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65H(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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.
1A: In proceedings for an offence against subsection (1),—
a: the prosecutor need not assert, in the charging document, that the defendant was not a person under medical care; and
b: the burden of proving that the defendant was under medical care lies on the defendant.
2: Every person who commits an offence against—
a: subsection (1)﻿(a) is liable on conviction
b: subsection (1)﻿(b) is liable on conviction
3: For the purposes of this section, a person is intoxicated alcohol (within the meaning of section 5(1)
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. Section 65I inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65I(1A) inserted 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(2)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(2)﻿(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65I(3) amended 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012
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) on conviction Section 65J inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65J(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction
3: It is a defence in a prosecution under subsection (1)﻿(b) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard. Section 65K inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65K(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) on conviction Section 65L inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65L(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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) is liable on conviction Section 65M inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65M(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65N: No smoking
or vaping
1: Every person commits an offence who smokes or vapes
a: when instructed not to smoke or vape
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) is liable on conviction
3: In subsection (1), to smoke to vape section 96A(1) Section 65N inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65N heading amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(1) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(1)﻿(a) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 65N(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65N(3) replaced 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020
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) on conviction Section 65O inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65O(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
65P: Procedure for certain unruly passenger offences
1: If any offence specified in section 65Q(2)
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 by filing a charging document under section 14
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) section 65H section 65J section 65K 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) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.
5: If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable
6: Every person commits an offence and is liable on
a: refuses or fails to comply with a request under subsection (3) or subsection (4); or
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) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.
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. Section 65P inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65P(2)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 65P(5) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 65P(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
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); 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 65R
f: a summary of how the provisions of section 21(10)
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 Section 65Q inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
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 a Crown Bank Account Section 65R inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65R(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
65S: Filing of notices
1: The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P section 21(4) and (4A)
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: If an infringement notice under section 65P Summary Proceedings Act 1957 section 21(2)
a: the reference in section 21(1)﻿(b)
b: subsection (1) of this section were in the place of section 21(3)
c: the reference in section 21(3A) section 21(3)
d: every reference in section 21(4), (4A), and (4B)
e: the reference in section 21(4)﻿(a)
f: the reference in section 21(4C)
g: the reference in section 21(4C)
h: the reference in section 21(5)
i: the reference in section 21(6)﻿(b)
j: each reference in section 21A section 78B section 21A and section 78B
k: the references to reminder notices in the definition of defendant in section 2 section 212
3:
4: Despite section 203(1) section 65P
5: For the purpose of subsection (1), an infringement notice sent by post is deemed to have been served on the defendant when it was posted. Section 65S inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004 Section 65S(1) substituted 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006 Section 65S(2) substituted 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006 Section 65S(3) repealed 1 March 2007 section 32(2) Summary Proceedings Amendment Act 2006
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. Section 65T inserted 1 June 2004 section 28 Civil Aviation Amendment Act 2004
6: Rights of appeal
66: Appeal to District Court
1: A person may appeal to the District Court
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
e: concerning the issue of a medical certificate under section 27B
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 section 27M
j: to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3) Section 66 substituted 1 June 2002 section 14 Civil Aviation Amendment Act 2002 Section 66(1) amended 1 March 2017 section 261 District Court Act 2016 Section 66(5)﻿(e) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)﻿(f) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)﻿(g) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)﻿(h) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)﻿(i) added 24 February 2006 section 29(1) Civil Aviation Amendment Act 2004 Section 66(5)﻿(j) added 30 March 2007 section 29(2) Civil Aviation Amendment Act 2004
67: Procedure
Section 67 repealed 1 June 2002 section 14 Civil Aviation Amendment Act 2002
68: Decision of
Section 68 repealed 1 June 2002 section 15 Civil Aviation Amendment Act 2002
69: Appeal to High Court on question of law
1: Every party to an appeal under section 66
2: The High Court Rules 2016 sections 126 to 130 section 124 Section 69(2) replaced 1 March 2017 section 261 District Court Act 2016
70: Further appeal to Court of Appeal
1: Every party to an appeal under section 69
2: On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit.
3: The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final.
4: Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court.
71: Evidence and proof
1: In any proceedings for an offence against this Act, the following provisions shall apply:
a: a copy of any aviation document which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director
b: evidence of the contents of the New Zealand Register of Aircraft maintained under section 72B(f) Director or any other employee of the Authority authorised in that behalf by the Director
c: the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director
ca: the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A Civil Aviation (Medical Certification) Amendment Act 2001
cb: the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule:
d: until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by any other employee of the Authority authorised by the Director
e: any licence granted under Part 8A
2: Without limiting any other method of proof, the production in any proceedings of a copy of—
a: any ordinary rule purporting to have been made by the Minister under Part 3
b: any emergency rule purporting to have been made by the Director under section 31 shall, in the absence of proof to the contrary, be sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of that Part. Section 71(1)﻿(a) amended 10 August 1992 section 30(a) Civil Aviation Amendment Act 1992 Section 71(1)﻿(b) amended 13 August 1996 Civil Aviation Amendment Act 1996 Section 71(1)﻿(b) amended 10 August 1992 section 30(b) Civil Aviation Amendment Act 1992 Section 71(1)﻿(c) amended 10 August 1992 section 30(c) Civil Aviation Amendment Act 1992 Section 71(1)﻿(ca) inserted 1 April 2002 section 10(1) Civil Aviation (Medical Certification) Amendment Act 2001 Section 71(1)﻿(cb) inserted 1 August 2010 section 11 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 71(1)﻿(d) amended 10 August 1992 section 30(d) Civil Aviation Amendment Act 1992 Section 71(1)﻿(e) added 13 August 1996 Civil Aviation Amendment Act 1996 Section 71(2) added 20 August 1993 section 6 Civil Aviation Amendment Act 1993
72: Evidence of air traffic services provider
1: Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air traffic services shall be admissible in every court and in every judicial examination or proceeding as prima facie evidence that the air traffic services described in such document were provided on the date and for the aircraft referred to in the document.
2: A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) applies.
3: For the purposes of this section, the expression computer record 1964 No 68 s 17F 1987 No 108 s 4
6A: Civil Aviation Authority of New Zealand
Part 6A inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992
72A: Civil Aviation Authority of New Zealand established
1: There is hereby established an authority to be known as the Civil Aviation Authority of New Zealand.
1A: The Authority is a Crown entity for the purposes of section 7
1B: The Crown Entities Act 2004
2: The Authority must have at least 5, but no more than 7, members appointed in accordance with section 28(1)﻿(a)
2A: Members of the Authority are the board for the purposes of the Crown Entities Act 2004
3:
4: The Minister shall appoint
4A: Subsection (4) does not limit section 29
5: Before appointing 2 of the members,
6:
7: A person may hold office as a member concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990
8: Neither the Director nor any other employee of the Authority may be a member of the Authority.
9: The Authority is owned by the Crown.
10: The Authority is hereby deemed to be a Crown entity Public Finance Act 1989
11:
12: The provisions of Schedule 3 Section 72A inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72A(1A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(1B) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(2) amended 1 April 2021 section 55(2) Regulatory Systems (Transport) Amendment Act 2021 Section 72A(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(2) amended 1 June 2004 section 30 Civil Aviation Amendment Act 2004 Section 72A(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(5) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(9) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 72A(10) amended 21 December 1992 section 42 Public Finance Amendment Act 1992 Section 72A(11) repealed 20 August 1993 section 7(b) Civil Aviation Amendment Act 1993
72AA: Objective of Authority
The objective of the Authority is to undertake its safety, security, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system. Section 72AA inserted 1 December 2004 section 7 Civil Aviation Amendment Act (No 2) 2004
72B: Functions of Authority
1:
2: The Authority has the following functions:
a: to promote civil aviation safety and security in New Zealand:
b: to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand's international obligations:
c:
ca: to establish and continue a service to be called the Aviation Security Service:
d: to investigate and review civil aviation accidents and incidents in its capacity as the responsible safety and security authority, subject to the limitations set out in section 14(3)
e: to notify the Transport Accident Investigation Commission in accordance with section 27
f: to maintain and preserve records and documents relating to activities within the civil aviation system, and in particular to maintain the New Zealand Register of Aircraft and the Civil Aviation Registry:
g: to ensure the collection, publication, and provision of charts and aeronautical information, and to enter into arrangements with any other person or organisation to collect, publish, and distribute such charts and information:
h: to provide to the Minister such information and advice as the Minister may from time to time require:
i: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Authority are satisfied that the performance of the functions and duties of the Authority will not be compromised:
ia: to provide information and advice with respect to civil aviation, and to foster appropriate information education programmes with respect to civil aviation, that promote its objective:
j: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries.
2A: The Authority must, if directed to do so by the Minister under section 14C
a: operate and maintain the search and rescue co-ordination centre established under section 14B(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 14B(1)﻿(b)
3: The Authority must carry out any other civil aviation functions and duties that—
a: are conferred on it by this Act or any other Act; and
b: the Minister may direct in accordance with section 112
3A: The Authority may provide such administrative support services for the Aviation Security Service, and on such terms and conditions, as are agreed between the Director and the General Manager.
3B: The Authority shall perform its functions in respect of the Aviation Security Service separately from its other functions and shall maintain accounts, records, and reports accordingly.
4: Section 72B inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72B(1) repealed 1 December 2004 section 8(1) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2) amended 1 December 2004 section 8(2) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(a) substituted 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(b) substituted 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(c) repealed 1 December 2004 section 8(3) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(ca) inserted 20 August 1993 section 8(1) Civil Aviation Amendment Act 1993 Section 72B(2)﻿(i) substituted 1 December 2004 section 8(4) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(ia) inserted 1 December 2004 section 8(4) Civil Aviation Amendment Act (No 2) 2004 Section 72B(2)﻿(j) added 24 February 2006 section 31 Civil Aviation Amendment Act 2004 Section 72B(2A) substituted 1 December 2004 section 8(5) Civil Aviation Amendment Act (No 2) 2004 Section 72B(3) substituted 1 December 2004 section 8(6) Civil Aviation Amendment Act (No 2) 2004 Section 72B(3)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72B(3A) inserted 20 August 1993 section 8(2) Civil Aviation Amendment Act 1993 Section 72B(3B) inserted 20 August 1993 section 8(2) Civil Aviation Amendment Act 1993 Section 72B(4) repealed 1 December 2004 section 8(1) Civil Aviation Amendment Act (No 2) 2004
72C: Authority to comply with policy directions
Section 72C repealed 25 January 2005 section 200 Crown Entities Act 2004
72CA: Surplus of Aviation Security Service funds payable to the Crown
If the Minister of Finance is satisfied at any time that in any financial year the Aviation Security Service has a surplus of funds, he or she may, after consultation with the Minister, direct the Authority to pay to the Crown a sum equal to the whole or any part of that surplus, as the Minister of Finance thinks fit. Section 72CA inserted 20 August 1993 section 9 Civil Aviation Amendment Act 1993
72D: Authority to have powers of natural person
Section 72D repealed 25 January 2005 section 200 Crown Entities Act 2004
72E: Authority to consider delegating or contracting out of functions and powers
Subject to this Act, the Authority shall, in the course of performing its functions and powers, consider whether it could most efficiently and effectively perform those functions and powers by means of its own operations or by delegating or contracting out those operations to appropriate persons selected after an appropriate competitive process. Section 72E inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992
72F: Restriction applying to statement of intent
1:
2:
3: No provision specifying any liabilities the Authority intends to incur may be included in a statement of intent without the concurrence of the Minister of Finance. Section 72F substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 72F heading replaced 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 72F(1) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013 Section 72F(2) repealed 1 July 2014 section 72 Crown Entities Amendment Act 2013
72G: Service charter
1: As soon as practicable after the commencement of this Act but in any event not later than 1 January 1993, the Authority shall prepare and make available to the public a service charter including (but not limited to)—
a: a statement by the Authority of the standards of service which the public can expect to apply to the carrying out of functions of the Authority and the Director under this Act and any regulations or rules made under this Act; and
b: details of the procedures to be followed under the service charter by a person who alleges that the standards were not met; and
c: details of the remedies that are available under the service charter to the person affected where it is established by that person to the satisfaction of the Authority that the standards were not met; and
d: provision for the appointment by the Authority of an appropriate independent person to assist in the resolution of disputes arising in respect of alleged failures to meet the standards of service specified in the service charter.
2: The service charter may make provision for a person to be appointed as a deputy to the person appointed under the provision referred to in subsection (1)﻿(d), and for the functions, duties, and powers of the deputy.
3: The Authority, the Director, any employee or agent of the Authority, and any agent of the Director shall have a public duty to observe the provisions of the service charter.
4: If the Authority fails to comply with subsection (1), the Minister shall prepare the service charter and shall make it available to the public.
5: The Authority (in any case) and the Minister (where the Minister has prepared it)
6: The Authority shall not amend the service charter under subsection (5) if the service charter is prepared by the Minister under subsection (4).
7: Nothing in the service charter shall limit or restrict any right to make any complaint or to bring any proceedings under any Act or rule of law. Section 72G inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72G(5) amended 20 August 1993 section 11 Civil Aviation Amendment Act 1993
72H: Use of words Civil Aviation Authority
1: No company or other body shall be incorporated or registered under a name that contains the words Civil Aviation Authority section 2
2: Nothing in subsection (1) shall apply to the Authority or to any person who is appropriately authorised by the Authority. Section 72H inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992
72I: Director of Civil Aviation
1: The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Civil Aviation.
2: The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act, or regulations or rules made under this Act, and such functions and powers as may be delegated to the Director by the Authority under section 73
3: Without limiting subsection (2), the Director shall—
a: exercise control over entry into the civil aviation system through the granting of aviation documents under this Act; and
b: take such action as may be appropriate in the public interest to enforce the provisions of this Act and of regulations and rules made under this Act, including the carrying out or requiring of inspections and monitoring ; and
c: monitor adherence, within the civil aviation system, to any regulatory requirements relating to—
i: safety and security, including (but not limited to) personal security:
ii: access and mobility:
iii: public health:
iv: environmental sustainability:
v: any other matter; and
d: ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security.
3A: Without limiting subsection (2), where the Director believes on reasonable grounds—
a: that an unsafe condition exists in any aircraft or aeronautical product; and
b: that condition is likely to exist or develop in any other aircraft or aeronautical products of the same design,— the Director may, by notice in writing
3B: Notice of an airworthiness directive issued under subsection (3A) must be given in the Gazette
3C: An airworthiness directive issued under subsection (3A) comes into force on the date specified in the directive, which may be a date earlier than the date of notification of the issuing of the directive in the Gazette
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
3D: The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.
4: In performing or exercising any functions or powers in relation to—
a: the granting of aviation documents; or
aa: the issue, suspension, or revocation of medical certificates; or
b: the suspension of aviation documents; or
c: the revocation of aviation documents; or
d: the granting of exemptions; or
e: the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,— in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers. Section 72I inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72I(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 72I(3)﻿(b) amended 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3)﻿(b) amended 1 June 2002 section 16(1) Civil Aviation Amendment Act 2002 Section 72I(3)﻿(c) added 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3)﻿(d) added 1 December 2004 section 9 Civil Aviation Amendment Act (No 2) 2004 Section 72I(3A) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 72I(3A) amended 1 June 2002 section 16(2) Civil Aviation Amendment Act 2002 Section 72I(3B) substituted 1 June 2002 section 16(3) Civil Aviation Amendment Act 2002 Section 72I(3C) inserted 1 June 2002 section 16(3) Civil Aviation Amendment Act 2002 Section 72I(3D) inserted 30 March 2007 section 32 Civil Aviation Amendment Act 2004 Section 72I(4) substituted 20 August 1993 section 12 Civil Aviation Amendment Act 1993 Section 72I(4)﻿(aa) inserted 1 April 2002 section 10(2) Civil Aviation (Medical Certification) Amendment Act 2001
72J: Acting Director of Civil Aviation
1: In the case of absence from duty of the Director (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the Director or pertaining to the position may be exercised and performed by—
a: any other employee for the time being directed by the Authority to exercise and perform them; or
b: any other person for the time being appointed by the Authority to exercise and perform them,— whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.
2: No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates.
3: No person employed within the Aviation Security Service shall be given any direction or appointment by the Authority under this section without the prior written approval of the Minister. Section 72J inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72J(3) added 20 August 1993 section 13 Civil Aviation Amendment Act 1993
72K: Powers of Director in relation to examinations, etc
For the purposes of granting or renewing aviation documents Section 72K inserted 10 August 1992 section 31 Civil Aviation Amendment Act 1992 Section 72K amended 1 June 2002 section 17 Civil Aviation Amendment Act 2002
72L: General Manager of Aviation Security Service
1: The Authority shall from time to time appoint a General Manager of the Aviation Security Service who, by virtue of his or her office, shall be an aviation security officer.
2: The General Manager shall have and may exercise such functions and powers in relation to the Aviation Security Service as may be conferred or imposed on the General Manager by this Act, or regulations or rules made under this Act, and such functions and powers in relation to aviation security services as may be delegated to the General Manager by the Authority under section 73 section 23A
3: The General Manager shall, in performing any functions or exercising any powers conferred or imposed on the General Manager by this Act or any other Act, or by regulations or rules made under this Act or any other Act, (including any functions or powers relating to enforcement of the aviation security provisions of this Act or any other Act, or regulations or rules made under this Act or any other Act), in respect of any particular case, act independently and shall not be responsible to the Minister, the Authority, or the Director for the performance of such functions or the exercise of such powers. Section 72L inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993 Section 72L(2) amended 25 January 2005 section 200 Crown Entities Act 2004
72M: Acting General Manager of Aviation Security Service
1: In the case of absence from duty of the General Manager (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the General Manager or pertaining to that position may be exercised and performed by—
a: any other person in the Aviation Security Service for the time being directed by the Authority to exercise and perform them; or
b: any other employee of the Authority for the time being directed by the Authority (with the prior written approval of the Minister) to exercise and perform them; or
c: any other person for the time being appointed by the Authority to exercise and perform them,— whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.
2: No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates. Section 72M inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993
72N: Use of words Aviation Security Service
1: No company or other body shall be incorporated or registered under a name that contains the words Aviation Security Service section 2
2: Nothing in subsection (1) shall apply to the Aviation Security Service or the Authority or to any person who is appropriately authorised by the Authority. Section 72N inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993
72O: References to Director to be read as General Manager of Aviation Security Service in certain circumstances
1: Every reference in sections 23A 23B 42 49(1)﻿(a) 50
2: Where any doubt arises as to whether or not any subject matter relates to aviation security services, the Aviation Security Service, or the office of the General Manager, or relates to any other matter to which this Act relates, the issue shall be determined by the Authority.
3: No act, omission, or proceeding shall be called into question or declared invalid on the ground that the Director or the General Manager was not the appropriate person to be involved in the act, omission, or proceeding if it is clear that either the Director or the General Manager was the appropriate person to be so involved. Section 72O inserted 20 August 1993 section 14 Civil Aviation Amendment Act 1993
7: Registries and information services
73: New Zealand Register of Aircraft
1: The Authority
2: The Authority section 6(1)﻿(a) 1964 No 68 s 29(2)﻿(h) Section 73(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 73(2) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992
74: Civil Aviation Registry
1: The Authority
2: Copies or appropriate evidence of the following shall be recorded and maintained at the Registry:
a: every current aviation document:
ab: every Australian AOC with ANZA privileges:
b: the New Zealand Register of Aircraft:
c: every regulation made under this Act, and every rule notified in the Gazette
ca: any material incorporated into a rule by reference under section 36
d: every accident and incident notification given under section 26
da: every airworthiness directive issued by the Director under section 72I(3A)
e: every delegation, authorisation, and exemption granted in writing under this Act:
f: the address for service of every current applicant for an aviation document and of every current aviation document holder:
g: all information published under section 75
h: the current service charter:
i: the current statement of intent under section 139
3: Documents kept at the Registry shall be made available by the Authority Official Information Act 1982
4: Subsection (3) is subject to the Privacy Act 2020 Section 74(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 74(2)﻿(a) substituted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)﻿(ab) inserted 30 March 2007 section 33(1) Civil Aviation Amendment Act 2004 Section 74(2)﻿(ca) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)﻿(da) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 74(2)﻿(h) added 10 August 1992 section 32 Civil Aviation Amendment Act 1992 Section 74(2)﻿(i) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 74(3) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 74(4) added 1 June 2004 section 33(2) Civil Aviation Amendment Act 2004 Section 74(4) amended 1 December 2020 section 217 Privacy Act 2020
75: Information services
1: The Authority
2: The Authority Authority Section 75(1) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992 Section 75(2) amended 10 August 1992 section 40(1) Civil Aviation Amendment Act 1992
8: Aviation security
76: Aviation security
The prevention of the commission of crimes against the Aviation Crimes Act 1972 1964 No 68 s 21A 1976 No 153 s 4
77: Responsibility of Minister
The Minister shall ensure that aviation security services are provided at all security designated aerodromes and security designated navigation installations.
77A: Powers and duties of Minister to require screening
, searching, and seizing
1: The Minister may, if the Minister considers it 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, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice
a: to screen—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any person, item, or substance—
A: before the person, item, or substance enters a sterile area:
B: present in a sterile area:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
v: any unattended item, substance, or vehicle in a security enhanced area:
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any (as specified in the
A: aircraft or class of aircraft:
B: aerodrome or class of aerodrome:
C: navigation installation or class of navigation installation:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a sterile area:
B: present in a sterile area:
v: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
vi: any unattended item, substance, or vehicle in a security enhanced area:
c: to seize any item or substance specified in the
1A: An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the
2: Before directing an aviation security provider under subsection (1), the Minister must
a: the Director; and
b: as the Minister in each case considers appropriate and practical, other ministers,
3: A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 see
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 under the Legislation Act 2019
a: the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019
b: if the notice is published under the Legislation Act 2019
5:
5A:
6: The Minister may , by notice,
7: Subject to subsection (4), a direction remains in effect until it is rescinded.
8: Nothing in this section empowers the Minister to exercise the Director's powers under section 77B
9: The following are secondary legislation ( see Part 3
a: a notice under subsection (1):
b: a notice under subsection (6). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77A inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002 Section 77A heading amended 18 January 2008 section 9(1) Civil Aviation Amendment Act 2007 Section 77A(1) substituted 18 January 2008 section 9(2) Civil Aviation Amendment Act 2007 Section 77A(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1)﻿(b)﻿(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1)﻿(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(1A) inserted 18 January 2008 section 9(2) Civil Aviation Amendment Act 2007 Section 77A(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(2) amended 18 January 2008 section 9(3) Civil Aviation Amendment Act 2007 Section 77A(2)﻿(b) amended 18 January 2008 section 9(4) Civil Aviation Amendment Act 2007 Section 77A(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(4)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(5A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77A(9) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
77B: Powers and duties of Director to require screening
, searching, and seizing
1: The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice
a: to screen—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any person, item, or substance—
A: before the person, item, or substance enters a sterile area:
B: present in a sterile area:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
v: any unattended item, substance or vehicle in a security enhanced area:
b: if necessary, to undertake reasonable searches of—
i: any person boarding an aircraft:
ii: any thing to be carried on an aircraft:
iii: any (as specified in the
A: aircraft or class of aircraft:
B: aerodrome or class of aerodrome:
C: navigation installation or class of navigation installation:
iv: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a sterile area:
B: present in a sterile area:
v: any person, item, substance, or vehicle—
A: before the person, item, substance, or vehicle enters a security enhanced area:
B: present in a security enhanced area:
vi: any unattended item, substance, or vehicle in a security enhanced area:
c: seize any item or substance specified in the
1A: An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the
2: Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate and practical
3: A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published under the Legislation Act 2019 see
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 under the Legislation Act 2019
a: the direction expires 28 days after that date unless the notice is published under the Legislation Act 2019
b: if the notice is published under the Legislation Act 2019
5:
5A:
6: The Director may , by notice,
7: Subject to subsection (4), a direction remains in effect until it is rescinded.
8: The following are secondary legislation ( see Part 3
a: a notice under subsection (1):
b: a notice under subsection (6). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section, unless subsection (4) applies. Legislation Act 2019 requirements for secondary legislation made under this section, unless subsection (4) applies Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Sch 3 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section to which subsection (4) applies. Legislation Act 2019 requirements for secondary legislation made under this section to which subsection (4) applies Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 However, that requirement does not apply to any information that would prejudice the national security interests of New Zealand if disclosed. That information is not required to be published Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 77B inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002 Section 77B heading amended 18 January 2008 section 10(1) Civil Aviation Amendment Act 2007 Section 77B(1) substituted 18 January 2008 section 10(2) Civil Aviation Amendment Act 2007 Section 77B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1)﻿(b)﻿(iii) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1)﻿(c) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(1A) inserted 18 January 2008 section 10(2) Civil Aviation Amendment Act 2007 Section 77B(1A) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(2) amended 18 January 2008 section 10(3) Civil Aviation Amendment Act 2007 Section 77B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(4)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(5) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(5A) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(6) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 77B(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
77BA: Certain
Gazette Section 77BA repealed 28 October 2021 section 3 Secondary Legislation Act 2021
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. Section 77C inserted 1 June 2002 section 18 Civil Aviation Amendment Act 2002
77F: Powers and duties of Director relating to security checks
1: The Director may carry out a security check of a person who falls within a category of persons specified in the rules as requiring a security check if—
a: the security check is for the purpose of determining whether the person poses a threat to aviation security; and
b: the person consents.
2: If a person refuses consent to a security check under subsection (1), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination.
3: The Director may grant a favourable security check determination if the Director decides that the person has undergone an alternative security check that is acceptable to the Director.
4: For the purpose of determining whether a person poses a threat to aviation security, the Director may—
a: seek and receive any information that the Director considers relevant, including (but not limited to) a recommendation made by the New Zealand Security Intelligence Service under section 11
b: give weight to any component of the information as the Director considers appropriate in the circumstances.
5: If the Director determines that a person does not pose a threat to aviation security, the Director must advise the person of the favourable security check determination.
6: The Director may reconsider any previous security check determination that the Director has made if—
a: new information is made available; or
b: the Director has reason to believe that the person may pose a threat to aviation security.
7: If the Director proposes to reconsider any previous security check determination, the Director must—
a: advise the person to whom the security check determination relates that the Director is reconsidering that determination; and
b: complete the reconsideration of that determination within 20 working days of advising the person under paragraph (a); and
c: if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G
d: if a favourable security check determination is required for any previous authorisation granted to the person under the rules, withdraw that authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 77G
e: if a favourable security check determination is required for any previous authorisation granted to the person by any other entity, require that entity to withdraw the authorisation for—
i: the period of the reconsideration; and
ii: any subsequent review period under section 77G
8: Nothing in this section limits the power of the Director to grant an exemption under section 37 Section 77F inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77F(4)﻿(a) amended 28 September 2017 section 335 Intelligence and Security Act 2017
77G: Review procedures for security check determinations
1: If the Director makes an adverse security check determination with respect to a New Zealand person based on a recommendation made by the New Zealand Security Intelligence Service sections 158(1)﻿(e) 171
2: If the Director proposes to make an adverse security check determination with respect to a person based on information other than a recommendation made by the New Zealand Security Intelligence Service, the Director must—
a: advise the person of the proposed determination and the reasons for the proposed determination; and
b: give the person written notice that, within 20 working days of the date of the notice, the person may—
i: seek legal advice or assistance with respect to the proposed determination:
ii: respond to, comment on, or make submissions on the proposed determination:
iii: provide new information relevant to the proposed determination; and
c: give the person notice of the date on which the proposed determination will, unless the Director decides otherwise, be made (which must be a date that is as soon as practicable after the expiry of the 20-working-day period referred to in paragraph (b)); and
d: consider any response, comment, submission, or new information that the person provides along with the information on which the proposed determination was made; and
e: make a final determination and inform the person and any other affected party of,—
i: in the case of the person, the final determination and the reasons for the final determination; and
ii: in the case of any other affected party, the final determination but not the reasons for the final determination.
3: If the Director proposes to make an adverse security check determination based on a recommendation made by the New Zealand Security Intelligence Service and on information other than that recommendation, the Director must—
a: follow the procedure set out in subsection (2) with respect to the information other than the recommendation and advise the person that the proposed determination is based on—
i: a recommendation made by the New Zealand Security Intelligence Service; and
ii: information other than the recommendation; and
b: then follow the procedure set out in subsection (1) with respect to the recommendation if—
i: the Director is satisfied that the information other than the recommendation is no longer sufficient to support an adverse security check determination; and
ii: the person is a New Zealand person.
4: If the Director makes a final adverse security check determination, the Director must—
a: revoke any authorisation granted to the person by the Director under the rules, if a favourable security check determination is required under the rules for the authorisation; and
b: require any other entity to revoke any authorisation granted to the person, if a favourable security check determination is required under the rules for the authorisation.
5: In this section,— Inspector-General of Intelligence and Security section 157 New Zealand person
a: a New Zealand citizen; or
b: a person ordinarily resident in New Zealand. Section 77G inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77G(1) amended 28 September 2017 section 335 Intelligence and Security Act 2017 Section 77G(5) replaced 28 September 2017 section 335 Intelligence and Security Act 2017
77H: Offence to carry out activity while authorisation withdrawn or after authorisation revoked
1: Every person commits an offence who carries out an activity that requires an authorisation—
a: during a period when that authorisation has been withdrawn under section 77F(7)﻿(d) or (e)
b: if that authorisation has been revoked under section 77G(4)
2: Every person who commits an offence against subsection (1) is liable on Section 77H inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77H(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
77I: Offence to fail to comply with Director's requirement to withdraw or revoke authorisation
1: Every person commits an offence who fails, without reasonable excuse, to comply with the Director's requirement to—
a: withdraw an authorisation under section 77F(7)﻿(e)
b: revoke an authorisation under section 77G(4)﻿(b)
2: Every person who commits an offence against subsection (1) is liable on Section 77I inserted 26 September 2007 section 12(2) Civil Aviation Amendment Act 2007 Section 77I(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
78: Aviation Security Service
Section 78 repealed 20 August 1993 section 8(3)﻿(a) Civil Aviation Amendment Act 1993
79: Authorised aviation security service providers
1: Subject to subsection (2), aviation security services at any security designated aerodrome or security designated navigation installation may be provided by—
a: the Aviation Security Service; or
b: the operator of that aerodrome or navigation installation.
2: No operator of an aerodrome or navigation installation, and no person employed by any such operator to provide aviation security services, shall provide aviation security services at that aerodrome or installation, except pursuant to a current aviation document issued by the Director section 7
3: The holder of every such document shall comply with the relevant prescribed requirements and standards. Section 79(2) amended 10 August 1992 section 40(2) Civil Aviation Amendment Act 1992
79A: Further provisions relating to Aviation Security Service
1: Notwithstanding sections 9 79 Gazette Gazette
2: Where any person already holds an aviation document entitling that person to provide aviation security services at a security designated aerodrome or security designated navigation installation, the Minister shall not give a notice under subsection (1) in respect of that aerodrome or navigation installation without the consent of that person.
3: Notwithstanding anything in section 79
4: Any appointment made by the Minister under subsection (3) shall have effect for a period specified by the Minister, being not more than 10 days. Section 79A inserted 20 August 1993 section 15 Civil Aviation Amendment Act 1993
80: Powers, functions, Without limiting the powers, functions, duties, or responsibilities of the Police under this Act or any other enactment, and without limiting the generality of section 77 powers, functions,
a: to carry out—
i: crew, passenger, and baggage screening of all international aircraft passenger services; and
ii: the screening , reasonable searches, or seizures section 77A(1) section 77B(1)
ab: to undertake, if necessary, reasonable searches of crew, passengers, baggage, cargo, aircraft, aerodromes, and navigation installations:
b: to carry out aerodrome security patrols and patrols of navigation installations:
c: to review, inquire into, and keep itself informed on security techniques, systems, devices, practices, and procedures related to the protection of civil aviation and persons employed in or using it:
d: to undertake, or encourage or supervise, such experimental or research work in respect of any aspect of aviation security as the Director
e: for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport authorities, operators, and authorities administering the airport security services of other countries, and with any appropriate international organisation:
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:
eb: to co-operate with, or to provide advice and assistance to, any government agency or local government agency when requested to do so by the Minister, but only if the Minister and the Aviation Security Service are satisfied that the performance of the functions and duties of the Aviation Security Service will not be compromised:
f: to exercise and perform such other functions and duties as may be conferred on it by any enactment. 1964 No 68 s 21B 1976 No 153 s 4 Section 80 heading amended 26 September 2007 section 13(1) Civil Aviation Amendment Act 2007 Section 80 amended 26 September 2007 section 13(2) Civil Aviation Amendment Act 2007 Section 80(a) substituted 1 June 2002 section 19 Civil Aviation Amendment Act 2002 Section 80(a)﻿(ii) amended 26 September 2007 section 13(3) Civil Aviation Amendment Act 2007 Section 80(ab) inserted 1 June 2002 section 19 Civil Aviation Amendment Act 2002 Section 80(d) amended 20 August 1993 section 17 Civil Aviation Amendment Act 1993 Section 80(ea) inserted 24 March 2004 section 36 Civil Aviation Amendment Act 2004 Section 80(eb) inserted 1 December 2004 section 10 Civil Aviation Amendment Act (No 2) 2004
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); or
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. Section 80A inserted 1 June 2002 section 20 Civil Aviation Amendment Act 2002
80B: Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
1: Without limiting section 80 section 12(1) section 77A(1) 77B(1)
a: before the person, item, substance, or vehicle enters a sterile area:
b: present in a sterile area.
2: A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8)
3: If an item or substance specified in section 11(1) section 77A(1) 77B(1) subsection (1) or section 80 section 12
4: If the aviation security officer determines that the item or substance may be lawfully carried into, or remain in, an aircraft or a sterile area, the aviation security officer must,—
a: if practicable, return the item or substance to the person from whom it was seized; or
b: if impracticable to return the item or substance to the person from whom it was seized, deliver the item or substance to the carrier of the aircraft that the person boarded or intended to board when the item or substance was seized.
5: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area, the aviation security officer may—
a: detain the item or substance until it is dealt with in accordance with paragraph (b) or (c); or
b: dispose of or destroy the item or substance; or
c: deliver the item or substance to a constable
6: If an aviation security officer delivers an item or substance to a constable
7: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance. Section 80B inserted 26 September 2007 section 14(1) Civil Aviation Amendment Act 2007 Section 80B(5)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 80B(6) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
80C: Powers and duties of aviation security officers relating to security enhanced areas
1: Without limiting section 80 section 11(1) section 77A(1) 77B(1)
a: before the person, item, substance, or vehicle enters a security enhanced area:
b: present in a security enhanced area.
2: A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8)
3: If an item or substance specified in section 11(1) section 77A(1) 77B(1) subsection (1) or section 80 section 12
4: If the aviation security officer determines that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer—
a: must—
i: detain the item or substance until it is delivered to a constable
ii: deny entry into the security enhanced area to any person in possession of the item or substance; or
iii: direct the person in possession of the item to leave the security enhanced area, with or without—
A: the item or substance:
B: any vehicle used to transport the item or substance; and
b: must make a record of the item or substance and the person from whom the item or substance was seized (if any).
5: If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the security enhanced area, the aviation security officer must, if practicable, return the item or substance to the person from whom the item or substance was seized.
6: Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance. Section 80C inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80C(4)﻿(a)﻿(i) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
80D: Consent to be screened or searched
1: The powers specified in section 80C(1)
i: a person to be screened or searched with the consent of the person:
ii: an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle.
2: To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended. Section 80D inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007
80E: Persons who refuse to consent to be screened or searched
1: If a person refuses to consent to the screening or searching under section 80C(1)
a: deny that person entry into the security enhanced area:
b: require that person to—
i: leave the security enhanced area:
ii: remove any item, substance, or vehicle in that person's possession from the security enhanced area.
2: An aviation security officer may—
a: prevent a person from entering a security enhanced area if the person is denied entry:
b: remove a person from a security enhanced area if the person is required to leave.
3: An aviation security officer may detain a person who—
a: refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying:
b: refuses to be screened or searched if the aviation security officer has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972
ii: a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972
4: A person detained under subsection (3) must be delivered to a constable
5: An aviation security officer, or any person assisting an aviation security officer, may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: prevent a person from entering a security enhanced area under subsection (2)﻿(a):
b: remove a person from a security enhanced area under subsection (2)﻿(b):
c: detain a person under subsection (3). 2004 No 16 s 54 Section 80E inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80E(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
80F: Searches of persons refusing consent to be searched
1: If a person refuses to consent to the screening or searching under section 80C(1) constable section 11(1) constable
a: an offence against the Aviation Crimes Act 1972
b: a search of the person refusing to consent, or any item, substance, or vehicle in the person's possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972
2: The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle in the person's possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972
3: A constable
a: provide evidence of his or her identity to the person to be searched; and
b: inform the person to be searched that the search is authorised under this section; and
c: if not in uniform, provide evidence, if asked, that he or she is a constable
4: If a constable 2004 No 16 s 55 Section 80F inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80F(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 80F(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 80F(3)﻿(c) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 80F(4) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
80G: Searches of persons
1: With respect to a search made under section 80C(1)
a: a person must, if directed to do so by an aviation security officer,—
i: remove, raise, lower, or open any outer clothing, including (but not limited to) any coat, jacket, jumper, cardigan, or similar article that the person is wearing to enable the search to be carried out, except where the person has no other clothing, or only underclothing, under the outer clothing:
ii: remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:
iii: allow an aviation security officer to carry out a pat down search:
b: a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.
2: For the purposes of this section, pat down search
a: means a search of a clothed person in which the person conducting the search may do all or any of the following:
i: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:
ii: insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
iii: for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:
A: open his or her mouth:
B: display the palms of his or her hands:
C: display the soles of his or her feet:
D: lift or rub his or her hair; and
b: includes the authority to search—
i: any item or substance carried by, or in the possession of, the person; and
ii: any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
iii: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search. Section 80G inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007
80H: Power to require drivers to stop vehicles in security enhanced areas for screening or searching
1: An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, may signal or request the driver of a vehicle in a security enhanced area to stop the vehicle as soon as is practicable for the purpose of screening or searching the vehicle, and any item, substance, or person in the vehicle.
2: The driver of a vehicle that is stopped by an aviation security officer must remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
3: Every person commits an offence and is liable on
a: stop a vehicle in a security enhanced area as soon as is practicable when required to do so by an aviation security officer; or
b: remain stopped for as long as is reasonably necessary for the aviation security officer to screen or search the vehicle, and any item, substance, or person in the vehicle.
4: In proceedings for an offence against subsection (3),—
a: the prosecutor need not assert absence of lawful authority or reasonable excuse in the charging document; and
b: the burden of proving that the defendant had lawful authority or a reasonable excuse lies on the defendant. 1998 No 110 s 114 Section 80H inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007 Section 80H(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 80H(4) inserted 1 July 2013 section 413 Criminal Procedure Act 2011
80I: Protection of aviation security officers
Nothing done by an aviation security officer under sections 80B(3) to (7) 80C(3) to (6)
a: good faith; and
b: the exercise of powers or the performance of duties under this Act. 1949 No 19 s 13 Section 80I inserted 18 January 2008 section 14(2) Civil Aviation Amendment Act 2007
81: Functions and duties of other aviation security service providers
1: Aviation security service providers (other than the Aviation Security Service) shall have such functions and duties as may be prescribed by rules made under this Act.
2: Such aviation security service providers shall designate employees to be aviation security officers; and every such officer shall have and may exercise, in relation to the aerodrome or navigation installation at which he or she is employed, all the powers of an aviation security officer under this Part, except the powers to arrest and detain any person.
82: Security designated aerodromes and navigation installations
1: The Minister may, by notice in the Gazette
2: Any designation under subsection (1) may at any time be revoked, in whole or in part, or amended by the Minister by notice in the Gazette 1964 No 68 s 21C 1976 No 153 s 4
83: Right of access
1: Subject to subsections (2) and (3), an aviation security officer while on duty may at any time enter any security designated aerodrome or a security designated navigation installation, or any aircraft, building, or place in any part of a security designated aerodrome or security designated navigation installation, for the purpose of exercising and carrying out his or her powers, functions, and duties under this Act.
2: Unless the aviation security officer is accompanied by a constable
3: Where the Police have taken command of any situation at an aerodrome or navigation installation, the rights of aviation security officers to enter any part thereof or any aircraft, building, or place shall be subject to such limitations as the senior constable
4: Where an aircraft or vehicle is not being used for commercial purposes, subsection (1) shall not apply unless the aviation security officer believes on reasonable grounds that there is in that vehicle or aircraft a person or thing likely to endanger the aerodrome or installation or any of its facilities or any person. 1964 No 68 s 21D 1976 No 153 s 4 Section 83(2) amended 1 October 2008 section 116(a)﻿(v) Policing Act 2008 Section 83(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
84: Security areas
and security enhanced areas
1: The Director of the area
1A: The Director may declare, by appropriate notification, that an area within a security area is a security enhanced area.
2: No person other than a constable
a: wearing an airport identity card issued under the rules (or other identity document approved by the Director under the rules) and worn in accordance with the rules; and
b: authorised by the Director or the airport manager or other person having control of the area.
3: Every person in a security area or security enhanced area or security enhanced area
4: Where a person who fails or refuses to provide an aviation security officer with satisfactory evidence of his or her name and address when requested by the aviation security officer, or where a person fails to satisfy the aviation security officer that he or she is authorised to be there, the aviation security officer may order that person to leave the security area or security enhanced area
5: An aviation security officer, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any security area or security enhanced area or security enhanced area
6: Any person who refuses to comply with subsection (3) or subsection (4) and, after having been warned that he or she commits an offence, persists in its commission, may be detained by an aviation security officer and in that case he or she shall as soon as may be practicable be delivered to a constable
7: Despite subsection (2), a passenger embarking or disembarking directly through a gateway or thoroughfare in an airport approved for that purpose by the airport manager may pass through a security area or security enhanced area forming part of the gateway or thoroughfare without an airport identity card.
8: Despite subsection (2), a person allowed under the rules may pass through a security area or security enhanced area without an airport identity card. 1964 No 68 s 21E 1976 No 153 s 4 Section 84 heading amended 18 January 2008 section 15(1) Civil Aviation Amendment Act 2007 Section 84(1) amended 18 January 2008 section 15(2) Civil Aviation Amendment Act 2007 Section 84(1) amended 10 August 1992 section 33 Civil Aviation Amendment Act 1992 Section 84(1A) inserted 18 January 2008 section 15(3) Civil Aviation Amendment Act 2007 Section 84(2) substituted 18 January 2008 section 15(4) Civil Aviation Amendment Act 2007 Section 84(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 84(3) amended 18 January 2008 section 15(5) Civil Aviation Amendment Act 2007 Section 84(4) amended 18 January 2008 section 15(6) Civil Aviation Amendment Act 2007 Section 84(5) amended 18 January 2008 section 15(7) Civil Aviation Amendment Act 2007 Section 84(6) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 84(7) substituted 18 January 2008 section 15(8) Civil Aviation Amendment Act 2007 Section 84(8) added 18 January 2008 section 15(8) Civil Aviation Amendment Act 2007
85: Powers of arrest
and seizure of items or substances
1: Every aviation security officer is justified in arresting without warrant any person on or in the vicinity of any security designated aerodrome or security designated navigation installation if he or she has reasonable grounds to believe that an offence has been or is being committed by that person against any of the following enactments:
a: sections 3 4 5 5A 11
b: section 45
1A: An aviation security officer may—
a: search a person arrested under subsection (1):
b: seize any item or substance that may be evidence of an offence against an enactment specified in subsection (1), if the officer has reasonable grounds to believe that—
i: the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1); and
ii: the item or substance poses a threat to the safety of the officer or any other person; and
iii: immediate action is necessary to address the threat.
1B: An aviation security officer may use reasonable force, or any assistance that is reasonably necessary in the circumstances, to—
a: arrest a person under subsection (1):
b: search a person under subsection (1A):
c: seize an item or substance under subsection (1A).
1C: To avoid doubt, an aviation security officer may search a person under this section whether or not an aviation security officer has previously searched the person under another section of this Act or under the Aviation Crimes Act 1972
1D: An aviation security officer who undertakes a search under this section must, within 3 working days of the search, give the Director a written report of the search, the circumstances in which it was conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1A)﻿(b).
2: Any person called upon to do so by an aviation security officer is justified in assisting him or her in good faith to arrest any person.
3: An aviation security officer shall as soon as may be practicable deliver any person he or she arrests , and any item or substance he or she seizes, constable
4: An aviation security officer may seize an item or substance in the possession of a person that the aviation security officer arrests if the aviation security officer has reasonable grounds to believe that the item or substance is evidence of an offence against an enactment specified in subsection (1). 1964 No 68 s 21F 1976 No 153 s 4 Section 85 heading amended 26 September 2007 section 16(1) Civil Aviation Amendment Act 2007 Section 85(1)﻿(a) amended 26 September 2007 section 16(2) Civil Aviation Amendment Act 2007 Section 85(1A) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1B) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1C) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(1D) inserted 26 September 2007 section 16(3) Civil Aviation Amendment Act 2007 Section 85(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 85(3) amended 26 September 2007 section 16(4) Civil Aviation Amendment Act 2007 Section 85(4) added 26 September 2007 section 16(5) Civil Aviation Amendment Act 2007
86: Arrest of persons delivered to Police
1: A constable section 54 section 85(1)
2: A constable
3: An aviation security officer who detains any person in accordance with the provisions of section 84(6) constable 1964 No 68 s 21G 1976 No 153 s 4 Section 86(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 86(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 86(3) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
87: Powers of Police
Every constable 1964 No 68 s 21H 1976 No 153 s 4 Section 87 amended 1 October 2008 section 116(a)﻿(vii) Policing Act 2008
8A: International air services licensing
Part 8A inserted 13 August 1996 Civil Aviation Amendment Act 1996
87A: Interpretation
In this Part,— capacity
a: with respect to the transport of passengers, the number of seats provided per week on each route followed (expressed either as a number of seats or in terms of aircraft equivalents); and
b: with respect to the transport of cargo, the amount of cargo space provided per week on each route followed (expressed in terms of cargo aircraft equivalents) foreign international airline licensee New Zealand international airline scheduled international air service ; and, in relation to a New Zealand international airline, includes a seventh freedom service 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. Section 87A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87A scheduled international air service amended 1 June 2002 section 22(1) Civil Aviation Amendment Act 2002 Section 87A seventh freedom service added 1 June 2002 section 22(2) Civil Aviation Amendment Act 2002
87B: Scheduled international air service not to be carried on
No person shall carry on in New Zealand any scheduled international air service otherwise than pursuant to and in conformity with the terms of a scheduled international air service licence or, as the case may be, an open aviation market licence. Section 87B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87B heading amended 1 June 2002 section 23 Civil Aviation Amendment Act 2002
87C: Application for licence
1: Every application for a licence under this Part shall be lodged with the Secretary.
2: Every applicant for a licence shall, when making the application,—
a: supply such information and documents as may be required by regulations made under this Act or as may be specified by the Secretary; and
b: pay the prescribed fees and charges (if any). Section 87C inserted 13 August 1996 Civil Aviation Amendment Act 1996 Scheduled international air service licences for New Zealand international airlines Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87D: Minister to be licensing authority for New Zealand international airlines
The Minister shall be the licensing authority to grant scheduled international air service licences to New Zealand international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part. Section 87D inserted 13 August 1996 Civil Aviation Amendment Act 1996
87E: Notice of application
1: Where an application for a scheduled international air service licence is lodged by a New Zealand international airline in accordance with section 87C Gazette
2: Every notice under this section shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application. Section 87E inserted 13 August 1996 Civil Aviation Amendment Act 1996
87F: Consideration of application for scheduled international air service licence by New Zealand international airline
1: In considering any application for a scheduled international air service licence made by a New Zealand international airline the Minister shall take into account the following matters:
a: any relevant international agreement, convention, or arrangement to which New Zealand is a party:
b: the safety and security requirements of the Director:
c: the financial ability of the applicant to carry on the proposed service:
d: the likelihood of the applicant carrying on the proposed service satisfactorily:
e: any written representations received by the Minister in relation to the application:
f: such other matters as the Minister thinks fit.
2: If the granting of the licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)﻿(a), the Minister shall refuse to grant the licence. Section 87F inserted 13 August 1996 Civil Aviation Amendment Act 1996
87G: Scheduled international air service licence may be granted subject to conditions
1: The Minister, after giving consideration to the application in accordance with section 87F
2: The scheduled international air service licence shall be in such form as the Minister thinks fit.
3: Without prejudice to the generality of subsection (1), the Minister, in granting any scheduled international air service licence, may prescribe, in respect of the scheduled international air service,—
a: the countries or territories, or points within those countries or territories, that may be served and the route or routes that may be followed:
b: the maximum capacity that may be provided:
c: a date not later than which the service shall be commenced. Section 87G inserted 13 August 1996 Civil Aviation Amendment Act 1996
87H: Duration of scheduled international air service licence
1: Every scheduled international air service licence granted under section 87G
2: Where an application is made under section 87I Section 87H inserted 13 August 1996 Civil Aviation Amendment Act 1996
87I: Renewal of scheduled international air service licence
1: The Minister may, from time to time, renew a scheduled international air service licence granted under section 87G
2: Every application for the renewal of a scheduled international air service licence granted under section 87G
3: Section 87C(2)
4: The Secretary shall give notice in the Gazette
5: The notice given under subsection (4) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application.
6: No person shall be entitled as of right to a renewal of a scheduled international air service licence, and in considering any application for a renewal the Minister shall take into account all the matters referred to in section 87F
7: The renewal of the licence shall take effect from the date of the expiry of the licence for which the renewal is granted, and may be for such term as the Minister considers appropriate in the particular case. Section 87I inserted 13 August 1996 Civil Aviation Amendment Act 1996
87J: Variation of terms and conditions of scheduled international air service licence
1: The Minister, while a scheduled international air service licence granted under section 87G
2: Where the Minister, on the Minister's own motion, proposes to exercise the power conferred on the Minister by subsection (1), the Minister shall give the licensee not less than 21 clear days' notice in writing of the Minister's intention to exercise that power.
3: Where any proposed variation involves—
a: a change or addition to the route or routes to be operated; or
b: an increase in the capacity of the service to be provided— pursuant to the licence, the Secretary shall, by notice in the Gazette
4: The notice given under subsection (3) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations regarding the proposed variation.
5: In considering any application referred to in subsection (3), the Minister shall take into account all the matters referred to in section 87F
6: Where the Minister has varied the terms or conditions of any scheduled international air service licence under this section, the Minister shall give notice in the Gazette Section 87J inserted 13 August 1996 Civil Aviation Amendment Act 1996
87K: Transfer of scheduled international air service licence
1: Any scheduled international air service licence granted under section 87G
2: Every application for the transfer of a scheduled international air service licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer.
3: The Secretary shall give notice in the Gazette
4: The notice given under subsection (3) shall specify a time, being not less than 21 clear days from the date of the notice, within which the Minister will receive written representations from any person relating to the application.
5: In considering the application for the transfer of the licence the Minister shall take into account all the matters referred to in section 87F Section 87K inserted 13 August 1996 Civil Aviation Amendment Act 1996 Scheduled international air service licences for foreign international airlines Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87L: Secretary to be licensing authority for foreign international airlines
1: Subject to subsection (2), the Secretary shall be the licensing authority to grant scheduled international air service licences to foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part.
2: Where the applicant for a scheduled international air service licence is a foreign international airline of a country or territory with which New Zealand does not have an air service agreement or similar arrangement, the application shall be referred to the Minister for determination in accordance with sections 87M to 87O Section 87L inserted 13 August 1996 Civil Aviation Amendment Act 1996
87M: Consideration of application for scheduled international air service licence by foreign international airline
1: In considering any application for a scheduled international air service licence made by a foreign international airline the Secretary shall take into account the following matters:
a: any relevant air services agreement and associated arrangements, and any other international agreement, convention, or arrangement to which New Zealand is a party:
b: the safety and security requirements of the Director:
c: such other matters as the Minister thinks fit and has determined in writing should be taken into account.
2: If the granting of the licence would be contrary to any agreement, arrangement, or convention referred to in subsection (1)﻿(a), the Secretary shall refuse to grant the licence. Section 87M inserted 13 August 1996 Civil Aviation Amendment Act 1996
87N: Scheduled international air service licence may be granted subject to conditions
1: The Secretary, after giving consideration to the application in accordance with section 87M
2: The scheduled international air service licence shall be in such form as the Secretary thinks fit.
3: Without prejudice to the generality of subsection (1), the Secretary, in granting any scheduled international air service licence, may prescribe, in respect of the scheduled international air service,—
a: the countries or territories, or points within those countries or territories that may be served and the route or routes that may be followed:
b: the maximum capacity that may be provided:
c: the date not later than which the service shall be commenced.
4: Where the Secretary grants a licence in accordance with this section, the Secretary shall give notice in the Gazette Section 87N inserted 13 August 1996 Civil Aviation Amendment Act 1996
87O: Duration of scheduled international air service licence
1: Every scheduled international air service licence granted under section 87N
2: Where an application is made under section 87P Section 87O inserted 13 August 1996 Civil Aviation Amendment Act 1996
87P: Renewal of scheduled international air service licence
1: The Secretary may, from time to time, renew a scheduled international air service licence granted under section 87N
2: Every application for the renewal of a scheduled international air service licence granted under section 87N 1 month
3: Section 87C(2)
4: No person shall be entitled as of right to a renewal of a scheduled international air service licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87M
5: The renewal of the licence shall take effect from the date of the expiry of the licence for which the renewal is granted and may be for such term as the Secretary considers appropriate in the particular case or, if the Secretary thinks fit, for an indefinite term. Section 87P inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 87P(2) amended 1 June 2002 section 24 Civil Aviation Amendment Act 2002
87Q: Variation of terms and conditions of scheduled international air service licence
1: The Secretary, while a scheduled international air service licence granted under section 87N
2: Where the Secretary, on the Secretary's own motion, proposes to exercise the power conferred on the Secretary by subsection (1), the Secretary shall give the licensee not less than 21 clear days' notice in writing of the Secretary's intention to exercise that power.
3: Where any application under subsection (1) seeks approval for—
a: a change or addition to the route or routes to be operated; or
b: an increase in the capacity of the service to be provided— pursuant to the licence, the Secretary shall take into account all the matters referred to in section 87M
4: Where the Secretary has varied the terms or conditions of any licence under this section, the Secretary shall give notice in the Gazette Section 87Q inserted 13 August 1996 Civil Aviation Amendment Act 1996 Open aviation market licences Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87R: Minister may designate countries or territories for open aviation market licences
The Minister may from time to time, by notice in the Gazette
a: scheduled international air services; and
b: non-scheduled international flights engaged in the carriage of passengers, cargo, or mail for remuneration or hire— may be carried on pursuant to and in conformity with an open aviation market licence. Section 87R inserted 13 August 1996 Civil Aviation Amendment Act 1996
87S: Secretary to be licensing authority for open aviation market licences
The Secretary shall be the licensing authority to grant open aviation market licences to New Zealand international airlines and foreign international airlines and to exercise jurisdiction in respect of those licences in accordance with this Part. Section 87S inserted 13 August 1996 Civil Aviation Amendment Act 1996
87T: Consideration of application for open aviation market licence
1: In considering an application for an open aviation market licence made by a New Zealand international airline or a foreign international airline the Secretary shall take into account the following matters:
a: any relevant air services agreement and associated arrangements, and any other international agreement, convention, or arrangement to which New Zealand is a party:
b: the safety and security requirements of the Director:
c: such other matters as the Minister thinks fit and has determined in writing should be taken into account.
2: If the granting of the open aviation market licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)﻿(a), the Secretary shall refuse to grant the licence. Section 87T inserted 13 August 1996 Civil Aviation Amendment Act 1996
87U: Open aviation market licence may be granted subject to conditions
1: The Secretary, after giving consideration to the application in accordance with section 87T
2: Without prejudice to the generality of subsection (1), the Secretary, in granting any open aviation market licence, shall prescribe, in respect of any scheduled international air service and non-scheduled international flight carried on pursuant to the licence, the countries or territories that may be served.
3: The open aviation market licence shall be in such form as the Secretary thinks fit.
4: Where the Secretary grants an open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87U inserted 13 August 1996 Civil Aviation Amendment Act 1996
87V: Duration of open aviation market licence
1: Every open aviation market licence granted under section 87U
2: Where an application is made under section 87W Section 87V inserted 13 August 1996 Civil Aviation Amendment Act 1996
87W: Renewal of open aviation market licence
1: The Secretary may, from time to time, renew an open aviation market licence granted under section 87U
2: Every application for the renewal of an open aviation market licence granted under section 87U
3: Section 87C(2)
4: No person shall be entitled as of right to a renewal of an open aviation market licence, and in considering any application for a renewal the Secretary shall take into account all the matters referred to in section 87T
5: The renewal of the open aviation market licence shall take effect from the date of expiry of the licence for which the renewal is granted and may be for such term as the Secretary considers appropriate in the particular case or, in respect of a foreign international airline, if the Secretary thinks fit, for an indefinite term. Section 87W inserted 13 August 1996 Civil Aviation Amendment Act 1996
87X: Variation of terms and conditions of open aviation market licence
1: The Secretary, while an open aviation market licence granted under section 87U
2: Where the Secretary, on the Secretary's own motion, proposes to exercise the power conferred on the Secretary by subsection (1), the Secretary shall give the licensee not less than 21 clear days' notice in writing of the Secretary's intention to exercise that power.
3: Where any application under subsection (1) seeks approval for a change or addition to the country or countries, or territory or territories, to be served pursuant to the open market aviation licence, the Secretary shall take into account all the matters referred to in section 87T
4: Where the Secretary has varied the terms or conditions of an open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87X inserted 13 August 1996 Civil Aviation Amendment Act 1996
87Y: Transfer of open aviation market licence
1: Any open aviation market licence granted to a New Zealand international airline under section 87U
2: Every application for the transfer of an open aviation market licence shall be lodged with the Secretary not less than 3 months before the date of the proposed transfer.
3: In considering the application for the transfer of the licence the Secretary shall take into account all the matters referred to in section 87T
4: Where the Secretary transfers any open aviation market licence under this section, the Secretary shall give notice in the Gazette Section 87Y inserted 13 August 1996 Civil Aviation Amendment Act 1996
87Z: Holder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE
The holder of an open aviation market licence under this Part shall be entitled to carry on, to or from the countries or territories that may be served pursuant to the licence as prescribed under section 87U(2) section 87ZE Section 87Z inserted 13 August 1996 Civil Aviation Amendment Act 1996 Requirements on licensees Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZA: Insurance cover against liability
The Minister or the Secretary, as the case may be, may, before granting or renewing any licence, or at any other time while the licence is in force, call upon the applicant or the licensee, as the case may be, to furnish to the satisfaction of the Minister or the Secretary, as the case may be, proof that the liability of the applicant or the licensee which may arise out of or in connection with the operation of the service in respect of the death of or bodily injury to any person and in respect of loss of or damage to any property is covered by insurance. Section 87ZA inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZB: Returns to be furnished
Every person carrying on a scheduled international air service or non-scheduled international flight pursuant to a licence shall furnish to the Secretary such financial and statistical returns and statements as the Secretary may from time to time require by notice in writing addressed to that person. Section 87ZB inserted 13 August 1996 Civil Aviation Amendment Act 1996 Suspension and revocation of licences Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZC: Suspension of licences
Where the Minister is satisfied that a licensee has wilfully committed a breach of any of the conditions of a licence granted under this Part, the Minister may suspend the licence for such period as the Minister thinks fit. Section 87ZC inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZD: Revocation of licences
The Minister may revoke a licence granted under this Part if—
a: the service authorised by the licence is not commenced on the date specified in the licence; or
b: the Minister is satisfied that the service authorised by the licence is not being carried on in conformity with the terms and conditions of the licence; or
c: the service authorised by the licence has been terminated; or
d: the licence has been granted under or in accordance with any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country (whether or not any other Government is also a party thereof) and that convention, agreement, or arrangement has been terminated or has ceased to bind the Government of New Zealand or the Government of that other country; or
e: the licence has been granted under or in accordance with any such convention, agreement, or arrangement referred to in paragraph (d) and circumstances have occurred or any condition has been fulfilled whereby the Minister, or the Government of New Zealand, has become entitled under or in accordance with the convention, agreement, or arrangement, to revoke the licence. Section 87ZD inserted 13 August 1996 Civil Aviation Amendment Act 1996 Non-scheduled international flights Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZE: Commercial non-scheduled international flights not to be operated except as authorised by Secretary
1: Subject to section 87Z
2: For the purposes of this section, the Minister may issue guidelines to the Secretary for the regulation of flights described in subsection (1).
3: The Minister may from time to time review and amend the guidelines referred to in subsection (2).
4: The Secretary shall, when requested by any person, make a copy of the guidelines issued in accordance with subsection (2) available to that person. Section 87ZE inserted 13 August 1996 Civil Aviation Amendment Act 1996 Miscellaneous provisions Heading inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZF: Provisions of this Part in addition to requirements of regulations and rules
No aircraft being used in connection with any scheduled international air service pursuant to a licence granted under this Part or a non-scheduled international flight shall, by virtue of its being used in connection with that service or flight, be exempt from the operation of any regulation or rules made under this Act. Section 87ZF inserted 13 August 1996 Civil Aviation Amendment Act 1996
87ZG: This Part not in force in Tokelau
Except as may be provided in regulations made under section 4 Section 87ZG inserted 13 August 1996 Civil Aviation Amendment Act 1996
9: International air carriage competition
88: Authorisation of contracts, arrangements, and understandings relating to international carriage by air
1: In this section and in sections 89 to 91 capacity commission regime
a: international carriage by air provided by different airlines:
b: international carriage by air arranged by persons of different classes:
c: international carriage by air provided for persons of different classes international carriage by air
a: between New Zealand and any place outside New Zealand; or
b: where that carriage is purchased, sold, or arranged in New Zealand, between places outside New Zealand tariff
a: the fares, rates, and charges applicable to international carriage by air between specified points (whether direct or indirect, and whether or not including any stopovers) that may at any time be provided by the airlines to which it is expressed to apply; and
b: any conditions subject to which any such fares, rates, and charges, or any of them, are to apply to international carriage by air between those points; and
c: any conditions subject to which international carriage by air between those points is to be provided on such fares, rates, and charges.
2: The Minister may from time to time specifically authorise all or any provisions of a contract, arrangement, or understanding made between 2 or more persons in respect of international carriage by air and related to such carriage so far as the provisions relate, whether directly or indirectly, to the fixing of tariffs, the application of tariffs, or the fixing of capacity, or any combination thereof.
3: In considering whether to grant authorisation under subsection (2), the Minister shall ensure that the granting of such authorisation will not prejudice compliance with any relevant international convention, agreement, or arrangement to which the Government of New Zealand is a party.
4: Subject to subsection (5), authorisation shall not be given under this section to any provision of any contract, arrangement, or understanding that—
a: provides that any party to it may directly or indirectly enforce it through any form of action by way of fines or market pressures against any person, whether or not that person is a party to the contract, arrangement, or understanding; or
b: has the purpose or effect of breaching the terms of a commission regime issued under section 89
c: unjustifiably discriminates between consumers of international air services in the access they have to competitive tariffs; or
d: so far as it relates to tariffs, has the effect of excluding any supplier of international carriage by air from participating in the market to which it relates; or
e: has the purpose or effect of preventing any party from seeking approval, in terms of section 90
f: prevents any party from withdrawing without penalty on reasonable notice from the contract, arrangement, or understanding.
5: Notwithstanding the provisions of subsection (4), the Minister may authorise any provision of any contract, arrangement, or understanding under this section if the Minister believes that to decline authorisation would have an undesirable effect on international comity between New Zealand and any other State.
6: If the Minister declines to authorise any provision of any contract, arrangement, or understanding under this section, the Minister shall give notice in the Gazette 1964 No 68 s 29A 1982 No 175 s 2(1) 1987 No 12 s 2(1)
89: Minister may issue commission regimes
1: The Minister may from time to time, by notice
a: issue commission regimes; and
b: amend or revoke any commission regime so issued.
2: A notice under this section is secondary legislation ( see Part 3 1964 No 68 s 29B 1987 No 12 s 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 89(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
90: Authorisation of tariffs by Minister
1: The Minister may from time to time specially authorise any tariff in respect of international carriage by air where the relevant places of departure and destination are within the territories of 2 countries, one of which is New Zealand, whether or not there is to be a break in the carriage or a transhipment.
2: In giving authorisation under this section the Minister shall have regard to—
a: whether the proposed tariff is excessive in terms of a reasonable return on investment by the supplier of the carriage; and
b: whether it is likely that supply of the relevant carriage can be carried on for a reasonable period at the level of tariff proposed; and
c: whether there is likely to be a substantial degree of benefit accruing to consumers generally, or to a significant group of consumers, as a result of the application of the proposed tariff,— and shall ensure that the granting of such authorisation will not prejudice compliance with any international convention, agreement, or arrangement to which the Government of New Zealand is a party. 1964 No 68 s 29C 1987 No 12 s 2(1)
91: Application of Commerce Act 1986
1: Nothing in sections 27 to 30
a: the negotiation or conclusion of any contract, arrangement, or understanding so far as it contains a provision relating to international carriage by air, so long as that provision is not given effect to before its authorisation under section 88
b: any provision of a contract, arrangement, or understanding relating to international carriage by air so long as it is not given effect to before its authorisation under section 88
2: Every authorisation by the Minister under section 88 section 90 section 89 section 43 1964 No 68 s 29D 1987 No 12 s 2(1) Section 91(1) amended 15 August 2017 section 35 Commerce (Cartels and Other Matters) Amendment Act 2017
9A: International carriage by air
Part 9A inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91A: Interpretation
In this Part, unless the context otherwise requires,— Additional Protocol No 1 Additional Protocol No 2 the amended Convention Schedule 4
a: the Hague Protocol:
b: Additional Protocols Nos 1 and 2, and Protocol No 4 court the Guadalajara Convention Schedule 5 the Hague Protocol High Contracting Party Article 40A Montreal Convention Schedule 6 Protocol No 4 the Warsaw Convention 1967 No 151 s 5 1990 No 102 s 2 Section 91A inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91A court substituted 4 November 2003 section 25(1) Civil Aviation Amendment Act 2002 Section 91A Montreal Convention inserted 4 November 2003 section 25(2) Civil Aviation Amendment Act 2002
91B: Application of Guadalajara Convention
In this Part, references to the amended Convention or to any Article of that Convention are, where applicable and subject to any necessary modifications, to be read as references to that Convention or Article as supplemented by the Guadalajara Convention. 1967 No 151 s 6 Section 91B inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91C: Conventions to have force of law
1: The provisions of the Montreal Convention, the Montreal Convention,
2: Despite subsection (1), the provisions of the Montreal Convention,
3: The provisions of the Montreal Convention,
4: The provisions of the Montreal Convention,
5: Each version of Article 22 of the amended Convention 1967 No 151 s 7(1) Section 91C inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91C(1) amended 4 November 2003 section 26(1)﻿(a) Civil Aviation Amendment Act 2002 Section 91C(1) amended 4 November 2003 section 26(1)﻿(b) Civil Aviation Amendment Act 2002 Section 91C(2) amended 4 November 2003 section 26(2) Civil Aviation Amendment Act 2002 Section 91C(3) amended 4 November 2003 section 26(3) Civil Aviation Amendment Act 2002 Section 91C(4) amended 4 November 2003 section 26(4) Civil Aviation Amendment Act 2002 Section 91C(5) amended 4 November 2003 section 26(5) Civil Aviation Amendment Act 2002
91D: Inconsistency between French and English texts
1: If there is any inconsistency between the English text of the amended Convention which is set out in Schedule 4
2: If there is any inconsistency between the English text of the Guadalajara Convention which is set out in Schedule 5
3: A certificate may be given by or on behalf of the Secretary of Foreign Affairs and Trade stating that a document to which the certificate is annexed is a true copy of the authentic text in the French language of 1 or more of the following:
a: Additional Protocol No 1:
b: Additional Protocol No 2:
c: the Guadalajara Convention:
d: the Hague Protocol:
e: Protocol No 4:
f: the Warsaw Convention.
4: Any certificate given under subsection (3) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the matters stated in the certificate. 1967 No 151 s 7(2) Section 91D inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91E: Fatal accidents
References in section 4 Article 17(1) of the Montreal Convention Article 17 of the amended Convention 1967 No 151 s 9 Section 91E inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91E amended 4 November 2003 section 27 Civil Aviation Amendment Act 2002
91F: Contributory negligence
For the purposes of Article 20 Article 21 of the amended Convention Contributory Negligence Act 1947 1967 No 151 s 12 Section 91F inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91F amended 4 November 2003 section 28 Civil Aviation Amendment Act 2002
91G: Limitation of liability
1: The limitations on liability referred to in Articles 21 and 22 of the Montreal Convention or
a: those limitations apply where proceedings are brought by a tortfeasor to obtain contribution from another tortfeasor if the tortfeasor from whom contribution is sought is the carrier or a servant or agent of the carrier; and
b: the limitation for each passenger referred to in Article 21 of the Montreal Convention or of the amended Convention
2: A court before which proceedings are brought to enforce a liability which is limited by Article 21 or Article 22 of the Montreal Convention or
a: the provisions of Article 21 or Article 22 of the Montreal Convention or
b: any other proceedings which have been, or are likely to be, commenced in New Zealand or elsewhere to enforce the liability in whole or in part.
3: A court before which proceedings are brought to enforce a liability that is limited by Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention has jurisdiction, where the liability is, or may be, partly enforceable in other proceedings in New Zealand or elsewhere, to—
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.
4: The provisions of subsection (3) do not limit the powers conferred on a court by subsection (2).
5: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention Article 25A of the amended Convention Articles V and VI of the Guadalajara Convention 1967 No 151 s 10(1), (2), (3), (5) Section 91G inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91G(1) amended 4 November 2003 section 29(1) Civil Aviation Amendment Act 2002 Section 91G(1)﻿(b) amended 4 November 2003 section 29(2)﻿(a) Civil Aviation Amendment Act 2002 Section 91G(1)﻿(b) amended 4 November 2003 section 29(2)﻿(b) Civil Aviation Amendment Act 2002 Section 91G(2) amended 1 December 2004 section 11(1) Civil Aviation Amendment Act (No 2) 2004 Section 91G(2) amended 4 November 2003 section 29(3) Civil Aviation Amendment Act 2002 Section 91G(2)﻿(a) amended 1 December 2004 section 11(1) Civil Aviation Amendment Act (No 2) 2004 Section 91G(2)﻿(a) amended 4 November 2003 section 29(4)﻿(a) Civil Aviation Amendment Act 2002 Section 91G(2)﻿(a) amended 4 November 2003 section 29(4)﻿(b) Civil Aviation Amendment Act 2002 Section 91G(3) substituted 1 December 2004 section 11(2) Civil Aviation Amendment Act (No 2) 2004 Section 91G(5) amended 4 November 2003 section 29(6) Civil Aviation Amendment Act 2002
91H: Value of special drawing right
1: For the purposes of Article 23 of the Montreal Convention or
a: the date of judgment; or
b: any other relevant date; or
c: if no sum has been so fixed for that date, the last preceding date for which a sum has been so fixed.
2: For the purposes of subsection (1), a certificate may be given by or on behalf of the Secretary to the Treasury stating that—
a: a particular sum in New Zealand currency has been fixed as the equivalent of 1 special drawing right for a particular date; or
b: no sum has been fixed for that date, and that a particular sum has been so fixed for the date most recently preceding a particular date.
3: Any certificate given under subsection (2) must be received in evidence in any proceedings and, in the absence of proof to the contrary, is sufficient evidence of the value of 1 special drawing right in terms of the New Zealand currency for the purposes of subsection (1).
4: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention 1967 No 151 s 10(4), (4A), (5) 1990 No 102 s 4 Section 91H inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91H(1) amended 4 November 2003 section 30(1) Civil Aviation Amendment Act 2002 Section 91H(4) amended 4 November 2003 section 30(2) Civil Aviation Amendment Act 2002
91I: Time for bringing proceedings
1: No action against a carrier's servant or agent, which arises out of damage to which this Part relates, may be brought after more than 2 years if the servant or agent was acting within the scope of that person's employment.
2: For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates:
a: the date of arrival at the destination:
b: the date the aircraft ought to have arrived:
c: the date carriage stopped.
3: Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors.
4: Despite subsection (3), no action may be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 35 of the Montreal Convention or Article 29 of the amended Convention
5: Subsections (1) to (4) and the provisions of Article 35 of the Montreal Convention and Article 29 of the amended Convention have effect as if references in those provisions to an action included references to an arbitration.
6: Subsections (7) and (8) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (5).
7: An arbitration (whether under an enactment or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1
8: If the High Court orders that an award be set aside, it may also order that the period between the commencement of the arbitration and the date of the setting aside order must be excluded in computing the time prescribed by this section for the commencement of civil proceedings (including arbitration) with respect to the dispute referred.
9: Subsections (6) to (8) do not limit or affect section 39 1967 No 151 s 11 Section 91I inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91I(3) substituted 4 November 2003 section 31(1) Civil Aviation Amendment Act 2002 Section 91I(4) amended 4 November 2003 section 31(2) Civil Aviation Amendment Act 2002 Section 91I(5) substituted 1 January 2011 section 58 Limitation Act 2010 Section 91I(6) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(7) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(8) added 1 January 2011 section 58 Limitation Act 2010 Section 91I(9) added 1 January 2011 section 58 Limitation Act 2010
91J: Actions against High Contracting Parties
1: Every High Contracting Party to the amended Convention is to be regarded as having submitted to the jurisdiction of the court in the circumstances described in subsection (2).
2: Subsection (1) applies where any action is brought in a court in New Zealand by a High Contracting Party in accordance with the provisions of Article 28 of the amended Convention or Article VIII of the Guadalajara Convention to enforce a claim in respect of carriage undertaken by that Party.
3: Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on.
4: Nothing in this section authorises the issue of execution against the property of any High Contracting Party.
5: Subsection (1) does not apply to any High Contracting Party to the amended Convention which has availed itself of the provisions of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4 1967 No 151 s 14 Section 91J inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
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) applies if any action is brought in a court in New Zealand by a Party to the Montreal Convention in accordance with Article 46 of the Montreal Convention to enforce a claim in respect of carriage undertaken by that Party.
3: Rules of court may provide for the manner in which any action to which subsection (1) applies is to be commenced and carried on.
4: Nothing in this section authorises the issue of execution against the property of any Party to the Montreal Convention. Section 91JA inserted 4 November 2003 section 32 Civil Aviation Amendment Act 2002
91K: Designation of Parties
1: The Governor-General may from time to time, by Order in Council, certify—
a: the identity of—
i: the High Contracting Parties to the amended Convention; or
ii: the Parties to the Guadalajara Convention; or
iii: the Parties to the Hague Protocol; or
iv: the Parties to Additional Protocol No 1; or
v: the Parties to Additional Protocol No 2; or
vi: the Parties to Protocol No 4; or
vii: the High Contracting Parties to the Warsaw Convention; or
viii: the Parties to the Montreal Convention; or
b: the territories in respect of which the parties referred to in paragraph (a)﻿(i), (ii), (iii), (iv), (v), (vi), (vii), or (viii)
c: to what extent the parties referred to in paragraph (a)﻿(i), (ii), (iii), (iv), (v), (vi), or (vii) have availed themselves of the Additional Protocol, which appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4
2: An Order in Council under this section is, except in so far as it has been superseded by a subsequent order, sufficient evidence of the matters so certified.
3: An Order in Council under this section may contain such transitional and other consequential provisions as the Governor-General considers to be desirable.
4: An Order in Council under this section certifying who are the High Contracting Parties to the amended Convention or the Parties to the Guadalajara Convention or the Parties to the Hague Protocol or the Parties to Additional Protocol No 1 or No 2 or to Protocol No 4 or the High Contracting Parties to the Warsaw Convention or the Parties to the Montreal Convention
5: An order under this section is secondary legislation ( see Part 3 1967 No 151 s 8(1), (3), (4), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 91K inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91K(1)﻿(a)﻿(viii) added 4 November 2003 section 33(1) Civil Aviation Amendment Act 2002 Section 91K(1)﻿(b) amended 4 November 2003 section 33(2) Civil Aviation Amendment Act 2002 Section 91K(4) amended 4 November 2003 section 33(3) Civil Aviation Amendment Act 2002 Section 91K(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
91L: Article 40A of amended Convention
1: Paragraph (2) of Article 40A of the amended Convention does not extend references in the amended Convention to the territory of a High Contracting Party to include any territory in respect of which that High Contracting Party is not a Party.
2: Subsection (1) does not apply to references in the amended Convention to the territory of any State, whether a High Contracting Party or not. 1967 No 151 s 8(2) Section 91L inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91M: Power to exclude aircraft in use for military purposes
1: The Governor-General may from time to time, by Order in Council, direct that subsection (2) applies or ceases to apply to New Zealand or any other State specified in the order.
2: The Montreal Convention or the amended Convention do
3: An order under this section is secondary legislation ( see Part 3 1967 No 151 s 13 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 91M inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91M(2) amended 4 November 2003 section 34 Civil Aviation Amendment Act 2002 Section 91M(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions Heading inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91N: Occurrences before commencement of this Part
This Part does not apply so as to affect rights or liabilities arising out of an occurrence before the commencement of this Part. 1967 No 151 s 15(1) Section 91N inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91O: High Contracting Parties not Party to Hague Protocol
1: Subsection (2) applies where, by reason of the fact that any High Contracting Party to the Warsaw Convention is not a Party to the Hague Protocol, the amended Convention is not applicable to any carriage by air.
2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the Carriage by Air Act 1940
3: Despite subsection (2), if the Guadalajara Convention applies to carriage by air where that subsection applies, the applicable law includes the provisions of that Convention which have the force of law in New Zealand under section 91C
4: For the purposes of subsections (2) and (3), section 3 of the Carriage by Air Act 1940
5: Despite subsection (2), if Additional Protocol No 1 applies to carriage by air where that subsection applies, the applicable law includes—
a: the provisions of Article 22 of the Warsaw Convention as substituted by Additional Protocol No 1; and
b: the provisions of section 91H 1967 No 151 s 15(2), (3) Section 91O inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91P: High Contracting Parties not Party to Montreal Protocols
1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is not a Party to any of Additional Protocols Nos 1 and 2 and Protocol No 4, the amended Convention is not applicable to any carriage by air.
2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if Part 1 and Schedules 1 and 2 of the Carriage by Air Act 1967 Section 91P inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91Q: High Contracting Parties not Party to Protocol No 4
1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Additional Protocol No 2 but not Protocol No 4, Protocol No 4 is not applicable to any carriage by air.
2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 4. Section 91Q inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91R: High Contracting Parties not Party to Protocol No 2
1: Subsection (2) applies where, by reason of the fact that any High Contracting Party or Party, as the case may be, to the Warsaw Convention and the Hague Protocol is a Party to Protocol No 4 but not Additional Protocol No 2, Additional Protocol No 2 is not applicable to any carriage by air.
2: If this subsection applies, the law applicable to any carriage by air is the law which would have been applicable if the amended Convention had not included the amendments inserted by Protocol No 2. Section 91R inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91RA: High Contracting Party or Party not Party to Montreal Convention
1: Subsection (2) applies if, by reason of the fact that any High Contracting Party or Party, as the case may be, is not a party to the Montreal Convention, the Montreal Convention does not apply.
2: If this subsection applies and the High Contracting Party or Party referred to in subsection (1) is a party to the Warsaw Convention or to the Hague Protocol or to Additional Protocol No 1 or Additional Protocol No 2 or to Protocol 4, the law applicable to any carriage by air is the law referred to in whichever of the following sections that is applicable to that High Contracting Party or Party:
a: sections 91A to 91M sections 25 to 37
b: section 91O
c: section 91P
d: section 91Q
e: section 91R
3: Subsection (4) applies if a High Contracting Party to the amended Convention is not a party to the Montreal Convention.
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 Section 91RA inserted 4 November 2003 section 35 Civil Aviation Amendment Act 2002
91S: Currency equivalent notices
1: The Minister of Finance may from time to time, by notice in the Gazette Schedule 1 of the Carriage by Air Act 1967
2: The Carriage by Air (New Zealand Currency Equivalents) Notice (No 2) 1998 1967 No 151 s 10(4) Section 91S inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999
91T: Regulations
1: The Governor-General may from time to time, by Order in Council,—
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
2:
3: The Governor-General may from time to time, by Order in Council, make regulations providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Part and for its due administration.
4: The following are secondary legislation ( see Part 3
a: an order under subsection (1):
b: regulations under subsection (3). The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 91T inserted 1 December 1999 section 3 Civil Aviation Amendment Act 1999 Section 91T(1)﻿(a) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)﻿(b) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)﻿(c) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(1)﻿(d) substituted 4 November 2003 section 36 Civil Aviation Amendment Act 2002 Section 91T(2) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 91T(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9B: Domestic carriage by air
Part 9B inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91U inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) applies even if—
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) Section 91V inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) Section 91W inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) does not subject the actual carrier to liability exceeding the limits specified in section 91ZC 1967 No 151 s 20 Section 91X inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91Y inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 carrier is not liable for damage caused by delay if the carrier proves that the delay—
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
c: was necessary for the purpose of saving or attempting to save life. 1967 No 151 s 25 Section 91Z inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91ZA inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91ZB inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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), the carrier may, by special contract, increase the amount of the carrier's liability under that subsection.
3: This Part does not affect any rule of law relating to remoteness of damage. 1967 No 151 s 28 Section 91ZC inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) of a provision in a contract of carriage or in any bylaws does not, by itself, make any other provision of that contract or those bylaws invalid. 1967 No 151 s 30 Section 91ZD inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 s 31 Section 91ZE inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) does not apply if it is proved that the damage resulted from an act or omission of the servant or agent done—
a: with intent to cause damage or recklessly; and
b: with knowledge that damage would probably result. 1967 No 151 s 32 Section 91ZF inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91ZG inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
91ZH: Aggregate liability
The limitations referred to in section 91ZC 1967 No 151 s 34 Section 91ZH inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 court before which proceedings are brought to enforce a liability that is limited by this Part may, if the liability is, or may be, enforceable in other proceedings in New Zealand or elsewhere,—
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 Section 91ZI inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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) applies may not be brought by a tortfeasor to obtain a contribution from another tortfeasor after 2 years from the time when judgment is obtained against the tortfeasor seeking to obtain the contribution.
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 Section 91ZJ inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91ZK inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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), application may be made to the court, after giving notice to the intended defendant, for leave to bring an action at any time within 6 years after the date on which the cause of action accrued as provided in subsection (1).
3: On application under subsection (2), the court may grant leave accordingly if it considers that it is just to do so and if it considers that—
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), that leave may be subject to such conditions (if any) that the court thinks just to impose.
5: This section applies subject to the special provisions relating to tortfeasors in section 91ZJ 1967 No 151 s 39 Section 91ZL inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
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 Section 91ZM inserted 1 June 2004 section 37 Civil Aviation Amendment Act 2004
10: Aerodromes, facilities, and joint venture airports
92: Definition of joint venture airport
In this Part, the expression joint venture airport Airport Authorities Act 1966 1964 No 68 s 13B(1) 1971 No 22 s 3
93: Powers of Minister in respect of aerodromes and facilities
1: The Minister may for the purposes of civil aviation establish, maintain, and operate aerodromes and services and facilities in connection with the operation of any aerodrome or with the operation of aircraft engaged in civil aviation.
2: All works undertaken under the authority of this section shall be public works within the meaning of the Public Works Act 1981
3: Subject to the provisions of this Act, the Minister may do all that is necessary, convenient, or incidental to the establishment, maintenance, and operation of any aerodrome under his or her complete or partial control or of any services or facilities in connection with the operation of any such aerodrome in all respects as if the operation of the aerodrome or of the services or facilities were a commercial undertaking, and, in particular, may himself or herself carry out any work or undertaking in respect of which he or she is authorised to enter into any agreement under section 94
4: Any power given to the Minister under this Act in respect of any aerodrome or any facilities in connection with any aerodrome may be exercised by him or her whether or not the aerodrome or the facilities had been established by him or her under this Act.
5: The powers conferred by this section are in addition to and not in derogation of any powers conferred by any other enactment and nothing in this section shall be construed to limit or affect the powers conferred on any person or authority by any other enactment.
6: The Minister shall not take over the operation of any aerodrome that is owned or operated by any person other than the Crown, except by agreement with the owner or operator. 1964 No 68 ss 11, 12(1), (2)
94: Joint ventures
1: The Minister and any 1 or more local authorities, bodies, or persons may from time to time enter into and carry out such agreements for the execution, control, operation, or management of any work or undertaking authorised by this Act as may to them seem most suited to the circumstances.
2: Any agreement entered into under subsection (1) may provide for all or any of the following:
a: for the establishment, maintenance, or operation of any aerodrome or services and facilities in connection with the operation of the aerodrome as a joint venture between the Minister and any other party or parties to the agreement:
b: for the vesting of aerodrome buildings and facilities in trust for aerodrome purposes in any authority, body, or person approved by the Minister in that behalf:
c: for the exchange, leasing, or subleasing of land or buildings vested in the Crown for the purposes of this Act and not immediately required for those purposes:
d: for the transfer of the management of any aerodrome under the control of the Minister, or of any facilities connected with the operation of any such aerodrome, from the Minister to any other party or parties to the agreement at such times and subject to such terms and conditions as may be agreed upon:
e: for the transfer to the Minister of the control, management, or operation of any aerodrome, or any facilities in connection with the operation of any aerodrome, under the control of any authority, body, or person, and for the vesting in or leasing to the Minister of any real or personal property necessary for the purpose of any such transfer:
f: for the control of access to aerodromes by any persons or aircraft and for the prohibition or control of the use of aerodromes for any purpose not related to civil aviation:
g: for the establishment, maintenance, management, and operation at any aerodrome of refreshment rooms, bookstalls, booking offices, travel agencies, and such other facilities as may be considered necessary or convenient for the operation of the aerodrome or for the convenience of persons using the aerodrome:
h: for contributions by parties to the agreement in respect of the cost of any work or undertaking to which the agreement relates:
i: for the apportionment or allocation between parties to the agreement of the cost of any work or undertaking to which the agreement relates:
j: for the payment of grants or subsidies or the making of advances to any party to the agreement in respect of any work or undertaking to which the agreement relates:
k: for the entering into contracts of insurance by any party to the agreement in respect of such matters in relation to the agreement as may require the provision of insurance.
3: Any agreement entered into under subsection (1) may from time to time be varied by the parties to the agreement or may be terminated in accordance with the terms of the agreement.
4: Any agreement relating to the development or reconstruction of an aerodrome entered into by the Crown under section 224 1964 No 68 s 12(3)–(6)
95: Retention of Crown money in joint venture airport accounts
1: Any money standing to the credit of or held on behalf of the Crown in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the Crown's share of the proceeds of any fees or charges imposed under this Act may, with the approval of the Minister of Finance, instead of being paid into a
2: Notwithstanding any other enactment, rule of law, deed, or agreement, the Minister may require any money standing to the credit of or held on behalf of the Crown in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the Crown's share of the proceeds of any fees or charges imposed under this Act, to be paid to the Crown.
3: Any money paid to the Crown under subsection (2) may, notwithstanding any other enactment, rule of law, deed, or agreement, be used for such purposes (whether or not related to the airport) as the Minister thinks fit.
4: Notwithstanding any other enactment, rule of law, deed, or agreement, any money standing to the credit of or held on behalf of an airport authority in the accounts of a joint venture airport as a result of the operations of that airport, together with any money representing the airport authority's share of the proceeds of any fees or charges imposed under this Act, may be withdrawn by the airport authority; and, subject to the liability (if any) of the airport authority under any enactment, deed, or agreement to pay any part of such money to any other body or person, may be used for such purposes (whether or not related to the airport) as the airport authority thinks fit.
5: If any money withdrawn under subsection (4) is paid by an airport authority, pursuant to the liability of the airport authority under any enactment, deed, or agreement, to any other body or person, it may be used for such purposes (whether or not related to the airport) as the body or person receiving it thinks fit. 1964 No 68 s 13B 1986 No 128 s 8(4) 1987 No 195 s 15 Section 95(1) amended 25 January 2005 section 65R(3) Public Finance Act 1989
11: Miscellaneous provisions
96: Sale of alcohol at international airports
1: Alcohol may be sold at any international airport to any passenger on an aircraft departing from or arriving in New Zealand if—
a: in the case of alcohol bought for consumption off the airport premises, the passenger is of or over the age stated in section 5
b: in the case of alcohol bought for consumption on the airport premises, the passenger is of or over the age stated in section 5
2: Unless alcohol sold under the authority of subsection (1) has been entered by the passenger concerned for home consumption in accordance with the Customs and Excise Act 2018
3: The Governor-General may, from time to time, by Order in Council, make regulations for either or both of the following purposes:
a: prescribing the circumstances and conditions relating to the control of the sale of alcohol at international airports to passengers on aircraft departing from or arriving in New Zealand who are of or over the age referred to in subsection (1)﻿(a) or (b)
b: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this section, and prescribing fines, not exceeding $1,000, that may, on
4: A person commits an offence who—
a: sells alcohol at any international airport to any passenger on an aircraft departing from or arriving in New Zealand who is under the age referred to in subsection (1)﻿(a) or (b)
b: fails to comply with subsection (2)
5: A person who commits an offence against subsection (4)
6: Nothing in the Sale and Supply of Alcohol Act 2012
7: Regulations under subsection (3) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96 replaced 18 December 2013 section 417(1) Sale and Supply of Alcohol Act 2012 Section 96(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 96(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
96A: Minister may prohibit smoking
or vaping
1: For the purposes of this section and sections 96B 96C New Zealand international airline to smoke smoked smoking to vape vaping
2: The Minister may from time to time, by notice
a: designate any 1 or more international air routes, or class or classes of international air routes, or all international air routes generally, as non-smoking routes; and
b: exempt any specified route or part of a route from any designation imposed by the Minister in accordance with paragraph (a), subject to any conditions that the Minister thinks fit.
3: The Minister shall, before giving any notice under subsection (2), consult with New Zealand international airlines.
4: A New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall ensure that—
a: there are prominent notices displayed in the aircraft indicating that smoking or vaping
b: an announcement is made to passengers on the aircraft at the commencement of each journey on the route advising that smoking or vaping
5: No New Zealand international airline that is operating an aircraft carrying passengers on any route designated as a non-smoking route pursuant to this section shall permit any person to smoke or vape
6: No person shall smoke or vape
7: A notice under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96A inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 96A heading amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(1) to smoke amended 1 June 2004 section 38 Civil Aviation Amendment Act 2004 Section 96A(1) to vape inserted 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96A(4)﻿(a) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(4)﻿(b) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(5) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(6) amended 11 November 2020 section 30 Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 Section 96A(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
96B: Offences in respect of smoking on international flights
1: Every person commits an offence who, being a New Zealand international airline, without reasonable excuse, fails to comply with the requirements of section 96A(4)
2: Every person commits an offence who, being a New Zealand international airline, without reasonable excuse permits any person to smoke in contravention of section 96A(5)
3:
4: Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction
5: Section 96B inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 96B(3) repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004 Section 96B(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 96B(5) repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004
96C: Procedure for offence of smoking on international flight
Section 96C repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004
96D: Form of infringement notice
Section 96D repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004
96E: Payment of fees
Section 96E repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004
96F: Filing of notices
Section 96F repealed 1 June 2004 section 40(1) Civil Aviation Amendment Act 2004
97: Nuisance, trespass, and responsibility for damage
1: No action for nuisance may be brought in respect of the noise or vibration caused by aircraft or aircraft engines on an aerodrome, if the noise or vibration is of a kind specified in any rules made under section 28 section 29 section 30
2: No action shall lie in respect of trespass, or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground which having regard to wind, weather, and all the circumstances of the case is reasonable, so long as the provisions of this Act and of any rules made under this Act are duly complied with.
3: Where material damage or loss is caused to property on land or water by an aircraft in flight, taking off, landing, or alighting, or by any person or article in or falling from any such aircraft, damages shall be recoverable from the owner of the aircraft, without proof of negligence or intention or other cause of action, as if the damage or loss was caused by his or her fault, except where the damage or loss was caused by or contributed to by the fault of the person by whom the same was suffered.
4: Where damage or loss is caused in the manner described in subsection (3) and in circumstances in which—
a: damages are recoverable from the owner of the aircraft in respect of the damage or loss by virtue only of the provisions of subsection (3); and
b: some person other than the owner is liable to pay damages in respect of the damage or loss,— the owner shall be entitled to be indemnified by that other person against any claim in respect of the damage or loss.
5: Where damage or loss is contributed to by the fault of the person by whom the same was suffered, the provisions of the Contributory Negligence Act 1947
6: Damages shall not be recoverable under subsection (4) from the owner of an aircraft in respect of damage or loss caused by a person descending from the aircraft by parachute. Damages shall be recoverable from the person descending and the provisions of subsection (4) shall, with the necessary modifications, apply as if the person descending were the owner of the aircraft. This subsection shall not apply in respect of damage or loss caused by a person descending from an aircraft by parachute where the descent is required to avoid injury or death.
7: Where an aircraft has been hired out to any other person by the owner thereof, for a period greater than 28 days and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section shall apply as though every reference to the owner were a reference to the person to whom the aircraft has been so hired out.
8: For the purposes of this section, the term fault Contributory Negligence Act 1947 1964 No 68 s 23
98: Indemnity in respect of certain messages
Section 98 repealed 10 August 1992 section 34 Civil Aviation Amendment Act 1992
99: Airways Corporation to be sole provider of certain airways services
1: Subject to the Civil Defence Emergency Management Act 2002
a: area control services:
b: approach control services:
c: flight information services.
2: Nothing in this section shall apply to aerodrome control services or aerodrome flight information services. Section 99(1) amended 1 December 2002 section 117 Civil Defence Emergency Management Act 2002
99A: Regulations relating to information disclosure
1: Without limiting section 100
a: requiring every holder of an aviation document relating to an air traffic service to publish in the prescribed manner information in relation to the provision of that service by that holder; and prescribing the information, including prices, terms, and conditions, that the holder shall make available, which information shall include—
i: prices, terms, and conditions:
ii: pricing policies and methodologies:
iii: costs:
iv: cost allocation policies and methodologies:
b: requiring every holder of an aviation document relating to an air traffic service to make publicly available prescribed financial statements that follow generally accepted accounting principles (including statements of financial performance statements of financial position
c: prescribing the form and manner in which the financial statements required by any regulations made under paragraph (b) shall be made available:
d: prescribing the form of statutory declaration and by whom it shall be made for the purpose of section 99B
e: prescribing the time limits within which the information disclosure required by any regulations made under this section shall be made to the public.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 99A inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99A(1)﻿(b) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 99A(1)﻿(b) amended 1 October 1997 section 6(2) Financial Reporting Amendment Act 1997 Section 99A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
99B: Information to be supplied to
Secretary
1: Every person who is required by regulations made under section 99A Secretary
a: a copy of all statements and information, made available to the public pursuant to regulations made under that section:
b: any further statements, reports, agreements, particulars, and other information requested in writing by the Secretary
2: All statements, reports, agreements, particulars, and information supplied to the Secretary section 99A(d) Section 99B inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99B heading amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(1) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(1)﻿(b) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002 Section 99B(2) amended 1 June 2002 section 40 Civil Aviation Amendment Act 2002
99C: Offences
1: Every person commits an offence against this section who—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under section 99A
b: fails, without reasonable excuse, to comply with the requirements of paragraph (a) or paragraph (b) of section 99B(1)
2: Every person commits an offence against this section who makes a false declaration when supplying any statement, report, agreement, particulars, or information pursuant to section 99B
3: Every person who commits an offence against subsection (1) is liable on conviction
4: Every person who commits an offence against subsection (2) is liable on conviction Section 99C inserted 10 August 1992 section 36 Civil Aviation Amendment Act 1992 Section 99C(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 99C(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
99D: Administration of sections 99A to 99C
Section 99D repealed 1 June 2002 section 41 Civil Aviation Amendment Act 2002
100: Regulations
1: The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing, or providing for the fixing of, fees and charges payable under this Act:
b: prescribing those breaches of rules made under this Act that constitute offences against this Act:
ba: prescribing those breaches of regulations made under paragraph (ee) that constitute offences under this Act:
c: prescribing those breaches of rules made under this Act that constitute infringement offences against this Act:
ca: prescribing those breaches of regulations made under paragraph (ee) that constitute infringement offences against this Act:
d: prescribing the penalty for each offence prescribed under paragraph (b)
i: in the case of an individual, shall be a fine not exceeding $10,000
ii: in the case of a body corporate $50,000
e: prescribing the infringement fee for each offence prescribed under paragraph (c)
i: in the case of an individual, shall not exceed $2,000; or
ii: in the case of a body corporate
ea: prescribing the matters in respect of which fees or charges are to be payable under Part 8A
eb: providing for the refund or waiver of any fee or charge payable under Part 8A
ec: prescribing the information and documents that may be required to be supplied by applicants for scheduled international air services licences under Part 8A
ed: specifying, for the purposes of Part 1A
ee: assisting aviation security, including (but not limited to)—
i: the specification and application of security controls for—
A: screening:
B: searching:
C: seizing items and substances:
ii: any matter for which—
A: rules may be made under section 28 29 29A 30
B: directions may be made under section 77A
iii: the revocation, substitution, or amendment of any—
A: rule made under section 28 29 29A 30
B: direction made under section 77A
f: such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under this Act may be so made that different regulations shall apply with respect to different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, or aeronautical procedures, or with respect to the same class of person, aerodrome, aircraft, aeronautical product, aviation related service, or aeronautical procedure in different circumstances.
3: To the extent that a rule made under section 28 29 29A 30 section 77A
4: No regulation made under subsection (1)﻿(ee) may be considered invalid because it confers any discretion upon or allows any matter to be determined or approved by the Authority or the Director or any other person, or allows the Authority or the Director or any other person to impose requirements as to the performance of any activities.
5: So far as the bylaws of any local authority are inconsistent with or repugnant to any regulation made under subsection (1)﻿(ee) in force in the same locality, the bylaws must be construed subject to the regulations made under subsection (1)﻿(ee).
6: Regulations under this section are secondary legislation ( see Part 3 1964 No 68 s 29(2) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 100(1)﻿(ba) inserted 26 September 2007 section 17(1) Civil Aviation Amendment Act 2007 Section 100(1)﻿(ca) inserted 26 September 2007 section 17(2) Civil Aviation Amendment Act 2007 Section 100(1)﻿(d) amended 28 November 1991 section 6(a) Civil Aviation Amendment Act 1991 Section 100(1)﻿(d)﻿(i) amended 1 June 2004 section 39(1)﻿(a) Civil Aviation Amendment Act 2004 Section 100(1)﻿(d)﻿(ii) amended 1 June 2004 section 39(1)﻿(b) Civil Aviation Amendment Act 2004 Section 100(1)﻿(d)﻿(ii) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 Section 100(1)﻿(e) amended 28 November 1991 section 6(b) Civil Aviation Amendment Act 1991 Section 100(1)﻿(e)﻿(ii) amended 10 August 1992 section 41 Civil Aviation Amendment Act 1992 Section 100(1)﻿(ea) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)﻿(eb) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)﻿(ec) inserted 13 August 1996 Civil Aviation Amendment Act 1996 Section 100(1)﻿(ed) inserted 1 June 2004 section 39(2) Civil Aviation Amendment Act 2004 Section 100(1)﻿(ee) inserted 26 September 2007 section 17(3) Civil Aviation Amendment Act 2007 Section 100(3) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(4) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(5) added 26 September 2007 section 17(4) Civil Aviation Amendment Act 2007 Section 100(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
100A: Burden of proof of exceptions, etc, for offences in rules and regulations
1: This section applies to any offence contained in rules or regulations made pursuant to this Act.
2: Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany the description of the offence,—
a: may be proved by the defendant; but
b: need not be negatived in the charging document, and, whether or not it is so negatived, no proof in relation to the matter is required on the part of the prosecutor.
3: Subsection (2)﻿(b) is subject to section 17(4) Criminal Procedure Act 2011 Section 100A inserted 1 July 2013 section 413 Criminal Procedure Act 2011
101: Repeals, revocation, amendments, and savings
1: The enactments specified in Schedule 1
2: The Civil Aviation (Accident Investigation) Regulations 1978 (SR 1978/112)
3: The enactments specified in Schedule 2
4: Nothing in subsection (1) shall affect any amendment made by section 6 of the Civil Aviation Amendment Act 1976
102: Transitional provisions
1: Every reference to the Minister of Civil Aviation or the Minister of Civil Aviation and Meteorological Services in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act, shall, unless the context otherwise requires, be read as a reference to the Minister of Transport.
2:
3: Unless the context otherwise requires, in any Act, regulation, rule, order, other enactment, agreement, deed, instrument, application, notice, or other document whatsoever in force at the commencement of this Act,—
a: every reference to the Office of Air Accidents Investigation shall be read as a reference to the Transport Accident Investigation Commission:
b: every reference to the Chief Inspector of Air Accidents or an Inspector of Air Accidents shall be read as a reference to a person appointed by the Transport Accident Investigation Commission to investigate any matter under the Transport Accident Investigation Commission Act 1990
4:
5: Every licence, rating, certificate, permit, authorisation, approval, or other document issued under the Civil Aviation Regulations 1953
6: Every authorisation given under section 29A or section 29C of the Civil Aviation Act 1964 section 29C of that Act Part 9
7: Section 102(2) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992 Section 102(4) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992 Section 102(7) repealed 10 August 1992 section 37 Civil Aviation Amendment Act 1992
103: Effect of Act on Civil Aviation Regulations
Section 103 repealed 28 November 1991 section 7 Civil Aviation Amendment Act 1991
12: Cape Town Convention and Aircraft Protocol
Part 12 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
104: Interpretation
1: In this Part, unless the context otherwise requires,— Aircraft Protocol Schedule 8 Cape Town Convention Schedule 7 Contracting State declaration de-registration request removal request
2: In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol. 1996 No 40 s 2 Section 104 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
105: Cape Town Convention and Aircraft Protocol to have force of law
The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have the force of law in New Zealand. 1994 No 60 s 4 1990 No 98 s 91C Section 105 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
106: Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies. Section 106 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
107: Governor-General may issue copies of declarations
1: If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration.
2: An Order in Council made under subsection (1) must state the date on which—
a: New Zealand made the relevant declaration; and
b: the declaration takes or took effect.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 107 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 Section 107(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
108: Certificates about Contracting States
1: The Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, may sign a certificate that states whether, in respect of any specified day or period,—
a: a State is a Contracting State:
b: a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration.
2: A certificate signed under subsection (1) is conclusive evidence for all purposes of the matters stated in the certificate. 1994 No 60 s 6 Section 108 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
109: Irrevocable de-registration and export request authorisations
1: A debtor must submit an irrevocable de-registration and export request authorisation to the Director if the debtor—
a: is the holder of a certificate of registration for a New Zealand registered aircraft; and
b: issues an irrevocable de-registration and export request authorisation substantially in the form annexed to the Aircraft Protocol.
2: A submission under subsection (1) must be accompanied by the prescribed fee (if any).
3: If the Director receives a submission under subsection (1), the Authority must record the irrevocable de-registration and export request authorisation on the New Zealand Register of Aircraft. Section 109 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
110: De-registration requests
1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
2: In a request submitted under subsection (1), the authorised party must certify in writing that—
a: the aircraft is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft; or
b: if the aircraft is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft, the holder of the higher-ranking registered interest has consented to the de-registration and exportation of the aircraft.
3: A request under subsection (1) must be accompanied by the prescribed fee (if any).
4: If the Director receives a de-registration request under subsection (1) that is accompanied by the statement specified in subsection (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant certificate of registration.
5: If the Director revokes a certificate of registration under subsection (4), the Authority must remove the registration from the New Zealand Register of Aircraft. Section 110 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
111: Removal requests
1: An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
2: A debtor may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3)
a: has obtained the written consent of the authorised party to do so; and
b: provides a copy of the written consent to the Director with the removal request.
3: A removal request under subsection (1) or (2) must be accompanied by the prescribed fee (if any).
4: If the Director receives a removal request under subsection (1) or (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant irrevocable de-registration and export request authorisation.
5: If the Director revokes an irrevocable de-registration and export request authorisation under subsection (4), the Authority must remove the authorisation from the New Zealand Register of Aircraft. Section 111 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
112: Director must prescribe and publish forms for de-registration requests
The Director must prescribe and publish the forms that an authorised party (or the authorised party's certified designee) must use to make a request for the de-registration of an aircraft under section 110 Section 112 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
113: Director may not exercise certain powers
The Director may not exercise any power that the Director may exercise under this Act in relation to a certificate of registration if the exercise of that power would interfere with, or be contrary to, any right or obligation arising under this Part. Section 113 added 1 November 2010 section 12 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010