Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010

1: Title
This Act is the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010.
2: Commencement
1: Sections 12 to 14
2: The rest of this Act comes into force on 1 August 2010. Section 2(1): sections 12–14 brought into force 1 November 2010 Civil Aviation (Cape Town Convention and Other Matters) Amendment Act Commencement Order 2010
3: Principal Act amended
This Act amends the Civil Aviation Act 1990 2010-08-01 Civil Aviation Act 1990 OIC SR 2010/365 2010-11-01 Civil Aviation Act 1990 ss 12, 13
1: Amendments to Civil Aviation Act 1990
4: Interpretation
The definition of rules section 2(1) or Governor-General Minister
5: Power of Minister to make ordinary rules
Section 28
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: Matters to be taken into account in making rules
Section 33(2) making any rule making, or recommending the making of, a rule
7: Procedure for making ordinary rules
1: Section 34
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 Risk Management Authority, established under the Hazardous Substances and New Organisms Act 1996, about the contents of any rule that relates to the transportation of hazardous substances as defined in section 2(1) of that Act.
2: Section 34(3) the persons so notified each person so notified (with effect from service of the rule on the person)
3: Section 34(4)
8: New section 34A inserted
The following section is inserted after section 34
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) before making a recommendation under subsection (1)
3: Sections 32(1)(a) and 34(1) subsection (1)
4: An ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1)
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)
6: An Order in Council made under subsection (1)
a: is a regulation or an instrument for the purposes of the Regulations (Disallowance) Act 1989; but
b: is not a regulation or an instrument for the purposes of the Acts and Regulations Publication Act 1989.
9: New section 36 substituted
Section 36
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) subsection (1) subsections (5) and (6)
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)
7: The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.
8: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.
9: Subsections (1) to (8)
10: Exemption power of Director
Section 37(1) section 28 or section 29 or section 30 of this Act section 28, 29A, 29B, or 30
11: Evidence and proof
Section 71(1)
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: .
12: New Part 12 inserted
The following Part is inserted after section 103
12: Cape Town Convention and Aircraft Protocol
104: Interpretation
1: In this Part, unless the context otherwise requires,— Aircraft Protocol Cape Town Convention 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
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
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.
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)
a: New Zealand made the relevant declaration; and
b: the declaration takes or took effect.
3: An Order in Council made, or a declaration issued, under subsection (1)
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) 1994 No 60 s 6
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)
3: If the Director receives a submission under subsection (1)
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)
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)
4: If the Director receives a de-registration request under subsection (1) subsection (2)
5: If the Director revokes a certificate of registration under subsection (4)
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)
4: If the Director receives a removal request under subsection (1) or (2)
5: If the Director revokes an irrevocable de-registration and export request authorisation under subsection (4)
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
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.
13: New Schedules 7 and 8 added
The schedules set out in Schedule 1
2: Miscellaneous provisions
14: Consequential amendments to other enactments
1: The Acts specified in Part 1
2: The civil aviation rules specified in Part 2 OIC SR 2010/365 2010-11-01 Companies Act 1993 Corporations (Investigation and Management) Act 1989 Insolvency Act 2006 Personal Property Securities Act 1999 Property Law Act 2007 Receiverships Act 1993 Civil Aviation Rules aren't in database.
15: Savings and transitional provisions
Despite section 9 section 36