Civil Aviation Act 2023

1: Title
This Act is the Civil Aviation Act 2023.
2: Commencement
1: Section 10 clauses 7 to 11 38
2: The rest of this Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force 24 months after the date on which this Act receives the Royal assent.
4: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
1: Preliminary provisions
Purposes
3: Main purpose
The main purpose of this Act is a safe and secure civil aviation system.
4: Additional purposes
This Act has the following additional purposes:
a: to maintain, enhance, and promote a transport system that contributes to environmental sustainability, economic prosperity, inclusive access, healthy and safe people, and resilience and security:
b: to promote innovation, effectiveness, and efficiency in civil aviation:
c: to ensure that New Zealand’s obligations under international civil aviation conventions, agreements, and understandings are implemented:
d: to preserve New Zealand’s national security and national interests:
e: to take into account the adverse effects of civil aviation on the interests of people, property, and the environment. Interpretation provisions
5: Interpretation
In this Act, unless the context otherwise requires,— accident section 6 accounting period Part 7 section 218 accredited medical conclusion Schedule 2 clause 1(1) of Schedule 2 accredited verification body subpart 3 Part 6 section 205 actual carrier subpart 3 Part 8 section 269(1) Additional Protocol subpart 2 Part 8 section 254 Additional Protocol No 1 subpart 2 Part 8 section 254 Additional Protocol No 2 subpart 2 Part 8 section 254 aerodrome
a: means any defined area of land or water intended or designed to be used, either wholly or partly, for the landing, departure, or surface movement of aircraft; and
b: includes any other areas, buildings, installations, and equipment that are on or adjacent to an area mentioned in paragraph (a) and that are used in connection with that area or its administration; and
c: where an airport operator is registered in respect of the aerodrome, includes any area included under section 222(3)﻿(b) or 223 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: means a service provided for the purposes of—
i: preventing collisions between aircraft and between aircraft and obstructions on any manoeuvring area; and
ii: expediting and maintaining a safe and efficient flow of air traffic; and
b: includes—
i: an aerodrome control service:
ii: an area control service:
iii: an approach control service air traffic service
a: a flight information service:
b: an aerodrome flight information service:
c: an alerting service:
d: an air traffic control service aircraft aircraft flying in the vicinity of an aerodrome Aircraft Protocol subpart 4 Part 10 section 433(1) airport section 222 airport operator section 222 airside security area section 121 Airways alerting service amended Convention subpart 2 Part 8 section 254 ANZA ANZA mutual recognition agreements section 407(1)﻿(i) AOC applicant Schedule 2 clause 1(1) of Schedule 2 approach control service area control service attributed flight subpart 3 Part 6 section 205(1) Australia Australian AOC with ANZA privileges Australian Air Operator’s Certificate with ANZA privileges Australian temporary stop notice authorised aviation security service provider section 134(b) or (c) section 136 authorised security person aviation document subpart 1 or 2 of Part 4 aviation examiner Schedule 2 clause 1(1) of Schedule 2 aviation participant
a: means a person who—
i: operates, maintains, services, or does any other act in respect of an aircraft, aerodrome, or aeronautical product; or
ii: provides an aviation-related service; and
b: includes (without limitation)—
i: aircraft pilots:
ii: flight crew members:
iii: air traffic service personnel:
iv: aviation security personnel:
v: aviation examiners and medical examiners:
vi: aerodrome operators:
vii: aircraft engineers; and
c: includes a person referred to in section 37(1)
d: includes the holder of an Australian AOC with ANZA privileges aviation place section 7 aviation-related service
a: means any equipment, facility, or service operated in support of or in conjunction with the civil aviation system, including—
i: air services:
ii: air traffic services:
iii: aviation security services:
iv: aviation meteorological services:
v: aviation communication services:
vi: navigation installation providers:
vii: aviation training organisations:
viii: aircraft design, manufacture, and maintenance organisations:
ix: the provision of aeronautical products:
x: aeronautical procedures:
b: excludes any service of TAIC aviation security dog aviation security officer
a: a person for the time being employed as such by the CAA in AvSec:
b: subject to section 140(2) section 140(1)
c: when section 164 aviation security services
a: in relation to AvSec, the functions and duties referred to in section 138(1)﻿(a) to (g)
b: in relation to any other person, the functions and duties given to them under section 136(2) AvSec section 23(d) bodily sample subpart 6 Part 4 section 113 CAA section 20 capacity subparts 1 2 Part 6 section 174 Cape Town Convention subpart 4 Part 10 section 433(1) carrier subpart 3 Part 8 section 269(1) CASA
a: the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust); and
b: any successor of that authority civil aviation legislation
a: this Act; and
b: any secondary legislation made under this Act; and
c: in the case of a person holding an Australian AOC with ANZA privileges, the Civil Aviation Act 1988 (Aust) and regulations or orders made under that Act Civil Aviation Records section 38 class 1 non-scheduled commercial international flight subpart 1 Part 6 section 174 class 2 non-scheduled commercial international flight subpart 1 Part 6 section 174 contract subpart 3 Part 8 section 269(1) contracting carrier subpart 3 Part 8 section 269(1) Contracting State subpart 4 Part 10 section 433(1) controlled airspace controlled flight convener Schedule 2 clause 1(1) of Schedule 2 Convention court
a: in subpart 2 Part 8 section 254
b: in subpart 3 Part 8 section 269(1) DAMP section 113 DAMP operator section 113 dangerous goods
a: are listed in, or classified in accordance with, the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air; or
b: have properties that would result in the articles or substances being classified as dangerous goods under the ICAO’s Technical Instructions for the Safe Transport of Dangerous Goods by Air declaration subpart 4 Part 10 section 433(1) deputy convener Schedule 2 clause 1(1) of Schedule 2 deregistration request subpart 4 Part 10 section 433(1) details subpart 20 Part 9 section 387 Director section 31 Director testing subpart 6 Part 4 section 113 drug or alcohol test subpart 6 Part 4 section 113 eligible New Zealand operator subpart 3 Part 6 section 409 section 205(2) eligible unit subpart 3 Part 6 section 205(1) engagement charter section 28 excluded flight subpart 3 Part 6 section 205(1) flight data recorder subpart 10 Part 9 section 342 flight information service foreign international airline subpart 1 Part 6 section 174 Guadalajara Convention subpart 2 Part 8 section 254 Hague Protocol subpart 2 Part 8 section 254 health professional High Contracting Party subpart 2 Part 8 section 254 holder ICAO identified aerodrome activity Part 7 section 411 section 218 incident infringement fee infringement offence
a: an offence specified as an infringement offence in regulations; or
b: an offence identified in this Act as an infringement offence inspector section 331 Inspector-General of Intelligence and Security international airport international carriage by air subpart 2 Part 6 section 194 issuing officer joint venture aerodrome Part 7 Schedule 3 section 218 judicial officer landside security area section 125 law enforcement action subpart 9 Part 9 section 339(1) lease Part 7 section 218 licence holder Schedule 2 clause 1(1) of Schedule 2 licensee subpart 1 Part 6 section 174 licensing authority subpart 1 Part 6 section 174 local authority Local Government Act 2002 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 certificate
a: issued by the Director under Schedule 2
b: recognised by the Director under the rules medical examiner clause 29(1) Schedule 2 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) of the﻿ Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; or
b: a person in a jurisdiction other than New Zealand who is entitled, licensed, or registered to practise medicine in that jurisdiction Minister Ministry Montreal Convention subpart 2 Part 8 section 254 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, and used in connection with, that building, facility, work, apparatus, equipment, or place negative result subpart 6 Part 4 section 113 new entrant section 205(3) New Zealand AOC with ANZA privileges section 91 New Zealand international airline subpart 1 Part 6 section 174 New Zealand Register of Aircraft section 36 New Zealand registered aircraft section 37 New Zealand temporary stop notice section 87(1) non-scheduled commercial international flight subpart 1 Part 6 section 174 notified incident subpart 9 Part 9 section 339(1) officer section 8 operate operator
a: in relation to an aircraft, means a person who causes or permits the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft:
b: in relation to an aerodrome, means the person who holds the aviation document for operating the aerodrome or, if there is no such person, the person who operates the aerodrome owner passenger subpart 3 Part 8 section 269(1) pat down search subpart 2 Part 5 section 133 person authorised by the Director
a: in subpart 16 Part 9 section 369
b: in subpart 20 Part 9 section 387 pilot-in-command
a: means the pilot on board the aircraft who is responsible for the operation and safety of the aircraft; and
b: in the absence of a pilot on board the aircraft, means the person who the rules specify as responsible for the operation and safety of the aircraft in accordance with the rules; and
c: in all other circumstances,—
i: means an individual nominated by the operator to be responsible for the operation and safety of the aircraft; and
ii: if no individual is nominated by the operator, means the operator prescribed privileges to which a medical certificate relates Schedule 2 clause 1(3) of Schedule 2 Protocol No 4 subpart 2 Part 8 section 254 qualifying person subpart 9 Part 9 section 339(2) random testing subpart 6 Part 4 section 113 regulations relevant government agency Part 7 section 218 relevant item or substance subpart 2 Part 5 section 133 removal request subpart 4 Part 10 section 433(1) reporting period subpart 3 Part 6 section 205(1) response officer section 332 response plan subpart 6 Part 4 section 113 restricted scheduled international air service subpart 1 Part 6 section 174 rules Part 3 safety-sensitive activity subpart 6 Part 4 section 113 safety-sensitive worker subpart 6 Part 4 section 113 scheduled international air service subpart 1 Part 6 section 174 Secretary security area section 133 security designated aerodrome section 120(1)﻿(a) or (b) security designated navigation installation section 120(1)﻿(c) security enhanced area section 121(2) seventh freedom service subpart 1 Part 6 section 174 space requirement Part 7 section 218 specified examination Schedule 2 clause 1(1) of Schedule 2 State services sterile area subpart 2 Part 5 section 133 substantial customer Part 7 section 219 successive carrier subpart 3 Part 8 section 269(1) TAIC tariff subpart 2 Part 6 section 194 testable drug subpart 6 Part 4 section 113 thing subpart 2 Part 5 section 133 unruly passenger offence
a: means an offence against subpart 20 Part 9
b: includes an offence to which section 391 Warsaw Convention subpart 2 Part 8 section 254
6: Meaning of accident
1: In this Act, unless the context otherwise requires, accident
a: in the case of an aircraft intended to be flown with any person on board, takes place between—
i: the time that any person boards the aircraft with the intention of flight; and
ii: the time that—
A: all persons on board have disembarked; and
B: the engine or any propellers or rotors have come to rest; and
b: in the case of an aircraft intended to be flown without any person on board, takes place between—
i: the time that the aircraft is ready to move with the purpose of flight; and
ii: the time that—
A: the aircraft comes to rest at the end of the flight; and
B: the primary propulsion system is shut down.
2: The occurrence must be one in which—
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; 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; or
c: the aircraft is missing or is completely inaccessible.
3: Subsection (2)﻿(a)
a: an injury that is self-inflicted or inflicted by another person; or
b: an injury to a stowaway hiding outside the areas normally available to passengers and crew.
4: In subsection (2)﻿(b) damage or structural failure
a: engine failure or damage where the damage is limited to the engine (including its cowlings or its accessories); or
b: damage that is limited to propellers, wing tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (including small dents or puncture holes in the aircraft skin), minor damage to main rotor blades or landing gear, or damage resulting from hail or bird strikes (including holes in the radome).
7: Meaning of aviation place
1: In this Act, unless the context otherwise requires, aviation place
a: means a place where an activity is being carried out, or is customarily carried out, by or on behalf of an aviation participant acting in that capacity; and
b: includes—
i: an aircraft (whether or not in operation) and any aerodrome, navigation installation, or communications installation used specifically for aviation purposes:
ii: a place from which an aircraft is operated and any place where any aircraft, or any aeronautical product, is:
iii: a place where an aircraft, or any part of or debris from an aircraft, has fallen.
2: In this section, place
a: a vehicle, vessel, aircraft, ship, or other mobile structure; and
b: any waters and any installation on land, on the bed of any waters, or floating on any waters.
8: Meaning of officer
In this Act, unless the context otherwise requires, officer
a: means,—
i: if the body corporate is a company, any person occupying the position of a director of the company by whatever name called:
ii: if the body corporate is not a company, any person occupying a position in the body that is comparable with that of a director of a company; and
b: includes any other person occupying a position in relation to the activities of the body corporate that allows the person to exercise significant influence over the management of its activities (for example, a chief executive); but
c: does not include a Minister of the Crown acting in that capacity; and
d: to avoid doubt, does not include a person who merely advises or makes recommendations to a person referred to in paragraph (a) or (b) Application of civil aviation legislation
9: Application of civil aviation legislation
1: Except as provided in section 367 and subpart 20 Part 9
a: every person, aircraft, aerodrome, aeronautical product, 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: Despite subsection (1)
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 CAA or the Director has under civil aviation legislation:
b: vest in the CAA 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 civil aviation legislation:
c: grant exemptions from civil aviation legislation, relevant to any exercise of the Minister’s powers under this subsection.
3: Every New Zealand registered aircraft must, 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.
4: A 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—
a: is deemed to commit an offence under this Act; and
b: may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.
5: Subsection (4)
6: Nothing in this section requires a person or aircraft to breach or be operated in breach of a law of a foreign State that applies to or in respect of the person or aircraft.
7: Nothing in this Act limits the privileges or immunities of—
a: any foreign military aircraft; or
b: the officers and crew of any foreign military aircraft. 1990 No 98 s 4 Transitional, savings, and related provisions
10: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Act binds the Crown
11: Act binds the Crown
1: This Act binds the Crown.
2: Except as otherwise expressly provided in civil aviation legislation or under any other Act, nothing in civil aviation legislation applies to the New Zealand Defence Force. 1990 No 98 s 3 Overview
12: Overview
1: This Part ( Part 1 accident aircraft aviation participant pilot-in-command
2: Part 2
a: sets out the general obligations of aviation participants:
b: sets out duties relating to pilots-in-command:
c: continues the CAA and provides for its composition, governance, objective, and functions:
d: provides for the Director of Civil Aviation and the Director’s functions and powers:
e: sets out regulatory functions, duties, and powers of the Secretary under the Act:
f: sets out matters relating to the role of Airways:
g: provides for the Register of Aircraft, Civil Aviation Records, and information services:
h: contains general offences and liability provisions ( see subpart 4
i: provides duties to notify accidents and incidents ( see subpart 5
3: Part 3
4: Part 4
a: processes for an aviation participant to obtain an aviation document if the rules provide that an aviation document is required for the person’s participation in the civil aviation system ( see subpart 1
b: the recognition in New Zealand of certain Australian air operator certificates, and the granting by the Director of authority to New Zealand air operators to conduct air operations to, from, or within Australia ( see subpart 2
c: certain key powers of the Director in relation to aviation document holders and aviation documents ( see subpart 3
d: offences relating to aviation documents ( see subpart 4
e: the requirements for, and powers relating to, medical certification ( see subpart 5
f: a regime for drug and alcohol management plans and testing ( see subpart 6
5: Part 5
a: the designation of aerodromes and navigation installations as security designated aerodromes and navigation installations:
b: the conducting of security checks by the Director of persons who are required under the rules to have a security check to perform their roles in the civil aviation system:
c: the authorisation of those who provide aviation security services at aerodromes and navigation installations:
d: the powers of aviation security officers and the Police in relation to aviation security at aerodromes and navigation installations:
e: the consequences, for persons travelling on aircraft, and other persons present at aerodromes or navigation installations, of failure to comply with aviation security requirements, including aviation security offences.
6: Part 6
a: licences for international air services and the requirements for licensees ( see subpart 1
b: authorisations by the Minister relating to international air carriage competition ( see subpart 2
c: a carbon offsetting and reduction scheme for international aviation (CORSIA) ( see subpart 3
7: Part 7
a: airport operators ( see subpart 2
b: the giving of regulatory airport spatial undertakings by airport operators in relation to space requirements at airports ( see subpart 3
c: the granting of exemptions by the Secretary to airport operators from the requirements of subparts 2 3 see subpart 4
d: the sale of alcohol to eligible passengers arriving at, or departing from, international airports in New Zealand ( see subpart 5
8: Part 8
a: provides for international carriage of passengers and goods by air consistent with, and in accordance with, relevant international conventions ( see subpart 2
b: provides for liability in the case of delay in respect of domestic carriage of passengers and goods by air ( see subpart 3
c: provides jurisdiction to New Zealand courts and the Disputes Tribunal in relation to liability claims against a carrier or any other person.
9: Part 9
a: inspection, monitoring, and enforcement powers of the Director, CAA, and inspectors ( see subparts 1 and 2
b: powers of the Director in relation to aerodromes, aircraft, and aeronautical products where the operation or use of those things may endanger people or property ( see subpart 3
c: powers to seize, detain, or destroy aircraft without a person on board that are operating in breach of the law or in a manner that may endanger people or property ( see subpart 4
d: powers of the Director to grant exemptions from compliance with regulations and rules ( see subpart 5
e: provisions for a person to give an enforceable undertaking in relation to contraventions of civil aviation legislation ( see subpart 6
f: the appointment of inspectors and response officers ( see subpart 7
g: powers of entry of Airways ( see subpart 8
h: protections provided to people giving accident and incident notifications, implementing a policy approach known as just culture ( see subpart 9
i: protections against the use of flight data recordings against flight crew in criminal proceedings ( see subpart 10
j: provisions dealing with the consequences of a court disqualifying a person from obtaining or holding an aviation document ( see subpart 11
k: powers of a court to grant injunctions against breaches of civil aviation legislation ( see subpart 12
l: powers of the Minister to intervene on grounds of national security in relation to participation in the civil aviation system ( see subpart 13
m: general offences ( see subpart 14 see subpart 15
n: infringement offences ( see subpart 16 see subparts 17 19
o: unruly passenger offences ( see subpart 20
10: Part 10
a: powers to make regulations, airworthiness directives, and transport instruments ( see subparts 1 3
b: the application of the Cape Town Convention and Aircraft Protocol in New Zealand ( see subpart 4
c: provisions establishing a process for an applicant to review certain decisions made by the Director under this Act or a person to whom the Director has delegated powers or functions under this Act:
d: provisions conferring rights of appeal under the Act ( see subpart 6
e: provisions about the delegation of powers and functions of the Minister and the Director, the disclosure or publication of information, and information sharing ( see subpart 7
f: consequential and other amendments to other legislation, repeals, and revocations.
11: This section is only a guide to the provisions of this Act.
2: Functions, powers, and duties of participants in civil aviation system
1: Aviation participants
General requirements relating to aviation participants
13: General requirements for aviation participants
1: An aviation participant must comply with—
a: civil aviation legislation; and
b: the conditions attached to any aviation document held by the aviation participant.
2: An aviation participant who does anything for which an aviation document is required must ensure that they hold—
a: all the necessary qualifications; and
b: the appropriate aviation documents; and
c: other necessary documents.
3: An aviation participant must ensure that the activities or functions for which an aviation document has been issued are carried out by the aviation participant, and all persons for whom the aviation participant is responsible, safely and in accordance with the relevant prescribed safety and security standards and practices.
4: An aviation participant who holds an aviation document that authorises the provision of a service within the civil aviation system—
a: must, if required under the rules, establish and follow a management system that will ensure compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document; and
b: must provide training and supervision to all employees of the aviation participant who are doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document and to promote safety and security; and
c: must provide sufficient resources to ensure compliance with the relevant prescribed safety and security standards and the conditions attached to the aviation document. 1990 No 98 s 12 Provisions relating to pilots-in-command
14: Duties of pilot-in-command
1: A pilot-in-command is responsible for—
a: the safe operation of the aircraft; and
b: the safety and well-being of all passengers and crew; and
c: the safety of the cargo carried.
2: The pilot-in-command has final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board the aircraft.
3: The pilot-in-command is responsible for compliance with all relevant requirements of civil aviation legislation.
4: Subsection (3) sections 15 16 1990 No 98 s 13
15: Duties of pilot-in-command in emergencies arising in flight
1: In an emergency arising in flight, the pilot-in-command may breach civil aviation legislation 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 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 provision is clearly greater than the degree of danger involved in deviating from it.
2: If the pilot-in-command breaches civil aviation legislation in accordance with this section, the pilot-in-command must—
a: immediately notify the relevant air traffic control service of the breach; and
b: as soon as practicable, notify the Director of the breach and the circumstances that necessitated it; and
c: if requested by the Director, provide to the Director a written report in respect of the breach. 1990 No 98 s 13A(1), (2), (6)
16: Duties of pilot-in-command and operator in emergencies not arising in flight
1: In an emergency not arising in flight, the pilot-in-command of the aircraft or the operator of the aircraft may breach civil aviation legislation only if—
a: the emergency involves a danger to life or property that necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property; and
b: the extent of the breach 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.
2: Nothing in this section 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.
3: If the pilot-in-command or the operator breaches civil aviation legislation in accordance with this section, the pilot-in-command or the operator (as the case may be) must—
a: immediately notify the relevant air traffic control service of the breach; and
b: as soon as practicable, notify the Director of the breach and the circumstances that necessitated it; and
c: if requested by the Director, provide to the Director a written report in respect of the breach. 1990 No 98 s 13A(3)–(6)
17: Failure to notify emergency breach of civil aviation legislation
1: A pilot-in-command who, without reasonable excuse, fails to comply with section 15(2) 16(3)
2: A person who commits an offence against subsection (1) 1990 No 98 s 52A
18: Identification of pilot-in-command
1: If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act, the Director or a constable may—
a: inform the operator of the aircraft or the holder of the certificate of registration for the aircraft of the alleged offence; and
b: require that person to give all information in that person’s possession or reasonably obtainable by that person that may lead to the identification of the pilot-in-command.
2: The requirement under subsection (1)﻿(b)
3: The operator or holder of the certificate of registration (as the case may be) must give the required information to the Director or a constable—
a: on demand; or
b: within 10 working days if—
i: the information is not in the person’s possession; or
ii: the person is unable to give the required information on demand.
4: Subsection (1) 1990 No 98 s 26A
19: Failure to provide identifying information
1: An operator of an aircraft or holder of a certificate of registration who, without reasonable excuse, fails to comply with section 18
2: An operator or holder of a certificate of registration who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 52C
2: Regulatory roles
CAA
20: Civil Aviation Authority of New Zealand continued
1: There continues to be an authority known as the Civil Aviation Authority of New Zealand.
2: The CAA is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.
3: The Crown Entities Act 2004 applies to the CAA except to the extent that this Act expressly provides otherwise. 1990 No 98 s 72A(1)–(1B), (10)
21: Board of CAA
1: The Minister must appoint at least 5, but no more than 7, persons as members of the board.
2: Without limiting section 29 of the Crown Entities Act 2004, the Minister may appoint a person as a member if the Minister considers the person will represent the public interest in civil aviation.
3: Before appointing 2 of the members, the Minister must request, from the organisation or organisations that the Minister considers represent those who have a substantial interest in the civil aviation industry in New Zealand, the names of persons the organisation or organisations consider proper candidates for appointment to the board.
4: A person may hold office as a member of the board concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990.
5: Neither the Director nor any other employee of the CAA may be a member of the board. 1990 No 98 s 72A(4)–(8)
22: Objective of CAA
The main objective of the CAA is to undertake its functions to facilitate the operation of a safe and secure civil aviation system.
23: Functions of CAA
The CAA has the following functions:
a: to promote civil aviation safety and security in New Zealand:
b: to contribute to establishing, implementing, operating, delivering, monitoring, investigating, and enforcing the regulation of the civil aviation system:
c: to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand’s international obligations:
d: to provide and oversee a service to be called the Aviation Security Service, which has the functions and duties specified in section 138
e: 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) of the Transport Accident Investigation Commission Act 1990):
f: to notify TAIC in accordance with section 50
g: 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 Records:
h: 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 the charts and information:
i: to appoint and oversee the performance of the Director, including by ensuring that the Director performs efficiently and effectively:
j: to provide to the Minister the information and advice that the Minister may at any time require:
k: to advise, assist, or co-operate with, or to provide advice and assistance to, any government agency or local government agency, including sharing information under section 466
l: to issue warnings, reports, and guidance, and to comment about any matter relating to the civil aviation system and its participants or any other persons engaged with the civil aviation system:
m: to provide or support the provision of information and advice with respect to civil aviation, and to foster appropriate information education programmes or research with respect to civil aviation:
n: to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries:
o: to publish its regulatory strategy in accordance with section 27
p: to perform any additional function that the Minister directs under section 112 of the Crown Entities Act 2004:
q: to carry out and exercise the functions, powers, or duties that are conferred or imposed on it under this Act or under any other Act:
r: any functions that are incidental and related to, or consequential on, the CAA’s functions in paragraphs (a) to (q) 1990 No 98 s 72B(1)
24: Duties of CAA in relation to search and rescue
The CAA must, if directed to do so by the Minister under section 199A
a: operate and maintain the search and rescue co-ordination centre established under section 199(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 199(1)﻿(b) and (c) and (2) 1990 No 98 s 72B(2A)
25: CAA to maintain separate accounts in respect of AvSec
The CAA must maintain separate accounts in respect of AvSec. 1990 No 98 s 72B(3B)
26: CAA to consider delegating or contracting out of functions and powers
Subject to this Act, the CAA must, in the course of performing its functions and exercising its powers, consider whether it could most efficiently and effectively perform those functions and exercise those powers by means of its own operations or by delegating or contracting out those operations to appropriate persons. 1990 No 98 s 72E
27: CAA must adopt and publish regulatory strategy
1: The CAA must adopt a regulatory strategy that sets out how the CAA and the Director will perform their regulatory functions—
a: under civil aviation legislation; and
b: under any other Acts that confer significant regulatory functions upon the CAA or the Director.
2: The strategy must include the following matters:
a: key areas of focus, including the key risks being targeted within those areas; and
b: the regulatory approach to be adopted, including in relation to monitoring, enforcement, and compliance; and
c: how performance will be assessed; and
d: a summary of how the strategy will be updated and reviewed.
3: The CAA must make a copy of the strategy publicly available.
28: Engagement charter
1: The CAA must at all times have and make available to the public an engagement charter including (but not limited to)—
a: a statement by the CAA of the standards of service that the public can expect to apply to the carrying out of functions of the CAA and the Director under this Act; and
b: details of the procedures to be followed under the engagement charter by a person who alleges that the standards were not met; and
c: details of the remedies that are available under the engagement charter to the person affected where the person establishes to the satisfaction of the CAA that the standards were not met; and
d: provision for the appointment by the CAA 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 engagement charter.
2: The CAA, the Director, any employee or agent of the CAA, and any agent of the Director have a public duty to observe the provisions of the engagement charter.
3: The CAA may, in writing, amend the engagement charter, and must make the amendments available to the public.
4: Nothing in the engagement charter limits or restricts any right to make any complaint or to bring any proceedings under any Act or rule of law. 1990 No 98 s 72G
29: Use of words Civil Aviation Authority or CAA
1: No person other than the CAA may, either alone or with another person, be incorporated or registered under other legislation, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Civil Aviation Authority CAA
b: under a name that so resembles the words Civil Aviation Authority CAA
2: Subsection (1) 1990 No 98 s 72H
30: Use of words Aviation Security Service or AvSec
1: No person other than AvSec may, either alone or with another person, be incorporated or registered under other legislation, trade or carry on business, or perform the functions for which it was formed—
a: under a name that contains the words Aviation Security Service AvSec
b: under a name that so resembles the words Aviation Security Service AvSec
2: Subsection (1) 1990 No 98 s 72N Director of Civil Aviation
31: Director of Civil Aviation
1: The board of the CAA, after consulting the Minister, must from time to time appoint a Director of Civil Aviation.
2: The board of the CAA must also appoint the Director as chief executive of the CAA in accordance with section 117 of the Crown Entities Act 2004.
3: Section 117(1) of the Crown Entities Act 2004 applies to the term of office of the Director. 1990 No 98 s 72I(1)
32: Functions and powers of Director
1: The Director has and may perform or exercise—
a: the functions, powers, and duties that may be conferred or imposed directly on the Director under this or any other Act; and
b: the functions and powers delegated to the Director by the board of the CAA under this Act or any other Act.
2: Without limiting subsection (1)
a: providing leadership within the CAA in relation to those matters for which the CAA or the Director is responsible; and
b: exercising control over entry into, activities within, and exit from the civil aviation system through aviation documents or other instruments; and
c: monitoring and investigating the performance and competence of aviation participants; and
d: monitoring, investigating, and enforcement in relation to matters under civil aviation legislation; and
e: monitoring and evaluating the performance of AvSec and any person who carries out functions within the civil aviation system in a regulatory capacity; and
f: ensuring regular reviews of the civil aviation system to promote the main and additional purposes of this Act; and
g: entering into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements; and
h: issuing warnings, reports, or guidance, or making comment, about—
i: any matter relating to civil aviation; or
ii: 1 or more aviation participants; or
iii: 1 or more persons who engage in conduct in relation to civil aviation; and
i: co-operating with, or providing advice and assistance to, any government agency, local government agency, or aviation participant.
3: The Director’s independent functions are to—
a: issue, suspend, revoke, and impose conditions on aviation documents and medical certificates:
b: grant exemptions under this Act:
c: carry out any enforcement responsibilities conferred on the Director under this or any other Act.
4: When performing a function referred to in subsection (3)
a: the Director must act independently; and
b: the Minister, the board of the CAA, and the Secretary must not give directions to the Director in relation to performing that function. 1990 No 98 s 72I(2), (3), (3D), (4)
33: Acting Director of Civil Aviation
1: Subsection (2)
a: the Director is absent from duty (from whatever cause arising); or
b: there is a vacancy in the position of Director (whether by reason of death, resignation, or otherwise).
2: All or any of the powers and duties of the Director may be exercised and performed by—
a: any other employee for the time being directed by the CAA to exercise and perform them; or
b: any other person for the time being appointed by the CAA to exercise and perform them.
3: Subsection (2)
4: No direction or appointment under this section, and no acts done by any employee or other person acting under a direction or appointment, may in any proceedings be questioned on the ground that—
a: the occasion for the direction or appointment had not arisen or had ceased; or
b: the employee or other person has not been appointed to any position to which the direction or appointment relates.
5: No person employed within AvSec may be given any direction or appointment by the CAA under this section without the prior written approval of the Minister. 1990 No 98 s 72J Regulatory functions, duties, and powers of Secretary
34: Regulatory functions, duties, and powers of Secretary
The Secretary has the following regulatory functions, duties, and powers under this Act:
a: the functions or powers that may be conferred or imposed on or delegated to the Secretary under any other provisions of this Act, including under—
i: Part 6
ii: Part 7
iii: Part 8
iv: sections 409 to 412
b: monitoring, investigating, and enforcement in relation to the matters in paragraph (a)
c: issuing reports or guidance, or making comment, about—
i: any matter relating to civil aviation; or
ii: 1 or more aviation participants; or
iii: 1 or more persons who engage in conduct in relation to civil aviation; and
d: collecting, analysing, and publishing statistics and other information relating to any of the main and additional purposes of this Act, including as provided in regulations made under subpart 1 of Part 10
e: co-operating with, or providing advice and assistance to, any government agency, local government agency, or aviation participant; and
f: any functions or powers that are incidental and related to, or consequential on, the Secretary’s functions or powers in paragraphs (a) to (e). Airways
35: Airways may be sole provider of certain airways services
1: The Minister may, by notice in the Gazette
a: area control services:
b: approach control services:
c: flight information services.
2: Before giving a notice under subsection (1)
a: the Minister must have regard to the main and additional purposes of this Act; and
b: the Minister must consult with any person who already holds an aviation document entitling the person to provide all or any of the services specified in subsection (1)﻿(a) to (c)
3: This section does not apply to aerodrome control services or aerodrome flight information services. 1990 No 98 s 99
3: Registries and information services
36: New Zealand Register of Aircraft
The CAA must—
a: maintain the New Zealand Register of Aircraft in accordance with prescribed requirements (if any); and
b: enter in the register the details, as may be prescribed, of every aircraft for which a certificate of registration has been issued by the Director under section 37(2) 1990 No 98 s 73
37: Requirement to register aircraft
1: This section applies to a person lawfully entitled to the possession for a period of 28 days or longer of an aircraft that flies to, from, within, or over New Zealand territory.
2: Except as otherwise provided in this Act or the rules, the person must apply to register that aircraft and hold a valid certificate of registration for that aircraft issued by any of the authorities mentioned in subsection (3)
3: The authorities are as follows:
a: the Director:
b: the appropriate aeronautical authorities of a contracting State of ICAO:
c: the appropriate aeronautical authorities of another State that is a party to an agreement with the Government of New Zealand or the CAA that provides for the acceptance of each other’s registrations.
4: No aircraft may be, or remain, registered in New Zealand if it is registered in any other country.
5: The Director may, in accordance with any requirements of the rules, decline an application to register any aircraft.
6: A person may appeal against a decision under this section to the District Court under section 453 1990 No 98 s 6
38: Civil Aviation Records
1: The CAA must maintain and provide access to the Civil Aviation Records in accordance with prescribed requirements (if any).
2: Copies or appropriate evidence of the following must be recorded and maintained in the Civil Aviation Records:
a: every current aviation document:
b: every Australian AOC with ANZA privileges:
c: the New Zealand Register of Aircraft:
d: all information provided under section 73
e: any material incorporated into secondary legislation by reference under section 428
f: every accident and incident notification given under section 49
g: every airworthiness directive issued by the Director under section 429
h: every delegation, authorisation, and exemption granted in writing under this Act:
i: the address for service of every current applicant for an aviation document and of every current aviation document holder:
j: all information provided under section 39
k: the current engagement charter:
l: a reviewer’s report under section 447(5)
m: a final decision made by the Director under section 448
3: Documents kept in the Civil Aviation Records must be made available by the CAA, in accordance with the Official Information Act 1982,—
a: for inspection by the public free of charge; and
b: for copying in accordance with that Act.
4: Nothing in subsection (3) Privacy Act 2020 1990 No 98 s 74
39: Information services
1: The CAA must ensure provision of an information service that comprises the collection and provision of—
a: aeronautical information; and
b: instructions relating to the safety, regularity, and efficiency of air navigation.
2: The CAA must ensure that the information and instructions are readily available to any person on payment of a reasonable charge fixed by the CAA. 1990 No 98 s 75
4: General offences and liability provisions
40: Operating aircraft in careless manner
1: A person who operates any aircraft in a careless manner commits an offence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000.
3: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 43A
41: Dangerous activity involving aircraft, aeronautical product, or aviation-related service
1: No person may—
a: operate, maintain, or service an aircraft, aerodrome, or aeronautical product, or provide an aviation-related service, in a manner that causes unnecessary danger to any other person or to any property; or
b: do any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property; or
c: cause or permit an aircraft, aerodrome, or aeronautical product to be operated, maintained, or serviced, or an aviation-related service to be provided, in a manner that causes unnecessary danger to any other person or to any property; or
d: cause or permit any other act to be done in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service in a manner that causes unnecessary danger to any other person or to any property.
2: A person who contravenes subsection (1)
3: A person who contravenes subsection (1)
4: A person who commits an offence against subsection (2)
a: in the case of an individual, to a fine not exceeding $150,000:
b: in the case of any other person, to a fine not exceeding $1,500,000.
5: A person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $300,000, or both:
b: in the case of any other person, to a fine not exceeding $3,000,000.
6: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 44
42: Operating aircraft in controlled airspace or restricted area without authorisation
1: A person commits an offence if the person, without reasonable excuse,—
a: intentionally operates an aircraft in controlled airspace or a restricted area; and
b: knows that the person does not hold, or is reckless as to whether the person holds, the appropriate authorisation to operate the aircraft in that airspace or area.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000.
3: In this section, restricted area
43: Communicating false information affecting safety
1: A person commits an offence if the person—
a: by any means provides to another person information relating to—
i: the safety of an aircraft, aerodrome, aeronautical product, aviation-related service, or any other facility or product used in or connected with aviation; or
ii: the safety of any person associated with any thing referred to in subparagraph (i)
b: knows the information to be false or is reckless as to whether it is false.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $120,000, or both:
b: in the case of any other person, to a fine not exceeding $1,000,000. 1990 No 98 s 56(1), (2)
44: Nuisance and trespass
1: No action lies in respect of nuisance or trespass, by reason only of the flight of aircraft over any property at a height above the ground that, having regard to wind, weather, and all the circumstances of the case, is reasonable, as long as the provisions of this Act and of the rules are complied with.
2: 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 the rules, as long as the provisions of the rules are complied with. 1990 No 98 s 97(1), (2)
45: Responsibility for damage
1: This section applies if material damage or loss is caused to property on land or water by—
a: an aircraft in flight, taking off, landing, or alighting; or
b: any person or article in, or falling from, an aircraft referred to in paragraph (a)
2: Damages are recoverable from the owner of the aircraft for the damage or loss, without proof of negligence or intention or other cause of action, as if the damage or loss were caused by the person’s fault.
3: Subsection (2)
4: Civil proceedings may be commenced in a court for recovery of damages under subsection (2)
5: If damage or loss is contributed to by the fault of the person who suffered the damage or loss, the provisions of the Contributory Negligence Act 1947 as to apportionment apply.
6: If the owner of an aircraft has hired the aircraft out to any other person 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 and sections 46 47
7: For the purposes of this section, fault 1990 No 98 s 97(3), (5), (7), (8)
46: Circumstances in which owner entitled to be indemnified for responsibility for damage
1: This section applies if damage or loss is caused in the manner described in section 45
a: damages are recoverable from the owner of the aircraft in respect of the damage or loss only because of the provisions of section 45
b: some person other than the owner is liable to pay damages in respect of the damage or loss.
2: The owner is entitled to be indemnified by the other person referred to in subsection (1)﻿(b) section 45 1990 No 98 s 97(4)
47: Responsibility for damage by descent by parachute
1: This section applies if damage or loss is caused by a person descending from an aircraft by parachute.
2: Damages are not recoverable under section 46
3: Sections 45 46
4: This section does 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. 1990 No 98 s 97(6)
48: Claim against Crown in respect of damage, loss, or injury due to service aircraft
1: This section applies if a claim is made against the Crown under the Crown Proceedings Act 1950 in respect of any damage, loss, or injury sustained or alleged to have been sustained by or through or in connection with the use of any service aircraft.
2: Despite section 11 sections 44 47
3: In this section, service aircraft 1950 No 54 s 9(3)
5: Duty to notify accidents and incidents
49: Duty to notify accidents and incidents to CAA
1: The pilot-in-command of an aircraft that is involved in an accident must notify the accident to the CAA as soon as practicable.
2: The requirement to notify an accident under subsection (1)
3: Every aviation participant who is involved in an incident must notify the incident to the CAA if required by, and in accordance with any requirements specified in, the rules.
4: If, due to injury or death, or where the aircraft is missing, the pilot-in-command is unable to give the necessary notification under subsection (1)
5: The co-ordinator of any search and rescue operation for any aircraft must notify the CAA of the operation as soon as practicable.
6: The CAA may, on being notified under subsection (1), (3), (4), or (5)
7: The pilot-in-command, operator, or person to whom a request is made under subsection (6)
8: See
a: subpart 9 Part 9
b: section 465 1990 No 98 s 26
50: Duty of CAA to notify accidents and incidents to TAIC
1: As soon as practicable after any accident or incident is notified to the CAA under section 49
a: an accident involving aircraft; or
b: a serious incident in accordance with the Convention.
2: If the CAA has been notified of a search and rescue operation under section 49(5) 1990 No 98 s 27
51: Failure to notify accident or incident
1: A pilot-in-command or other aviation participant who, without reasonable excuse, fails to comply with section 49(1), (3), (4), or (7)
2: A pilot-in-command or other aviation participant who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 52B
3: Rules
1: Rules made by Minister or Governor-General
Power of Minister to make rules
52: Power of Minister to make rules
1: The Minister may make rules relating to civil aviation for all or any of the following purposes:
a: regulating aviation participants, aircraft, aeronautical products, and aviation places, and people and things carried, or to be carried, in aircraft:
b: regulating people, activities, and things in relation to the safety and security of civil aviation:
c: regulating the effect or potential effect of civil aviation on people, activities, and things:
d: providing for the implementation of New Zealand’s obligations under the Convention:
e: providing for anything this Act says may or must be provided for by rules:
f: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Nothing in sections 53 60
3: Rules made under this section are secondary legislation ( see
4: If, under the Legislation Act 2019, a rule is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.
5: A rule to which subsection (4)
a: has effect only in relation to a person on whom it is served under subsection (4)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
6: Service under subsection (4) 1990 No 98 s 28(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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) However, if those regulations do not require it to be published, section 52(4) 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.
53: Rules relating to designation, classification, and certification
1: The Minister may make rules under section 52
a: aircraft:
b: aerodromes:
c: aeronautical products:
d: aviation-related services:
e: aviation participants:
f: aviation places.
2: The Minister may make rules for either or both of the following purposes:
a: to provide for the privileges of an air operator certificate to include conducting air operations in Australia:
b: to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements. 1990 No 98 ss 28(1)﻿(ab), 30(1)﻿(a), (ca)
54: Rules relating to standards, specifications, restrictions, and licensing requirements
1: The Minister may make rules under section 52 section 53
a: the specification of the privileges, limitations, and ratings associated with licences or other forms of approval:
b: the setting of standards for training systems and techniques, including recurrent training requirements:
c: the setting of medical standards for personnel:
d: the requirement for proof of access to appropriate weather services:
e: the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products:
f: the requirements for notification of insurance coverage for air services:
g: the provision of information to the CAA or the Director by applicants for or holders of aviation documents:
h: the provision by aviation participants of information to any person (for example, information to passengers about rights under Part 8
i: 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:
j: the requirements for the grant of delegations by the Director under clause 27
k: the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under clause 27
l: the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion.
2: The Minister may make rules under section 52 subpart 2 of Part 4
3: The Minister may make rules under section 52
a: prescribing the content or format, or both, of aviation documents, applications, and forms for other matters:
b: requiring the use of forms of aviation documents, applications, or forms for other matters where the content or format, or both, of those forms is prescribed or approved by the CAA or the Director. 1990 No 98 s 30(1)﻿(b)
55: Rules relating to aviation documents
1: The Minister may make rules under section 52
a: New Zealand registered aircraft:
b: aerodromes:
c: aeronautical products:
d: aviation participants.
2: The requirements, standards, and application procedures for each aviation document, and the maximum period for which each document may be issued, must be prescribed by rules made under section 52
3: The Minister may make rules under section 52 section 75(1)﻿(b)﻿(ii) 77 1990 No 98 s 7(1), (2)
56: Rules relating to safety and security
The Minister may under section 52
a: 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:
b: 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 the operation of aircraft in a manner that endangers people or property:
c: 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:
d: rules providing for security tiers for aerodromes, including—
i: specifying security tiers in addition to tier 1; and
ii: providing for the security requirements applicable to tier 1 and any other security tier:
e: rules providing for security tiers for navigation installations and for the requirements applicable to each tier:
f: rules relating to security areas at aerodromes, including prescribing the persons or classes of persons who may enter, pass through, and remain in different types of security area. 1990 No 98 s 29
57: Rules relating to airspace
The Minister may make rules under section 52 1990 No 98 s 29A
58: Rules for noise abatement purposes
The Minister may make rules under section 52 1990 No 98 s 29B
59: Rules relating to national security
The Minister may make rules under section 52
a: on the basis of the type of activity for which the document is sought or particular circumstances relating to that activity:
b: on the basis of circumstances relating to an applicant or to any person who will conduct the activity for which the document is sought:
c: on any other differential basis.
60: Rules relating to other matters
The Minister may make rules under section 52
a: the definitions, abbreviations, and units of measurement to apply within the civil aviation system:
b: prescribing the design and colours of the New Zealand Civil Air Ensign, and where and by whom it may be flown:
c: providing for aviation meteorological services, search and rescue services, and civil aviation security programmes and services:
d: providing for the conditions of operation of foreign aircraft and international flights to, from, or within New Zealand. 1990 No 98 ss 28(1)﻿(b), 30(1)﻿(c), (d), (e)
61: Procedure for making rules
1: Before making a rule, the Minister must, as the Minister in each case considers appropriate,—
a: publish a notice of the Minister’s intention to make the rule and a statement specifying the objective of the rule; and
b: consult representative groups within the aviation industry or elsewhere, and any other persons.
2: Before making a rule, the Minister must—
a: be satisfied that the rule will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
b: be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
c: have regard to, and give the weight that the Minister considers appropriate in each case, to the criteria specified in section 72 1990 No 98 s 34
62: Requirements relating to content of rules made by Minister
Every rule made by the Minister must—
a: be signed or otherwise authenticated by the Minister; and
b: contain a statement specifying the objective of the rule and the extent of any consultation under section 61 1990 No 98 s 32(1) Power of Governor-General to make rules
63: Governor-General may make 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 a rule for any of the purposes for which the Minister may make, amend, or revoke a rule under this Part.
2: Before making a recommendation under subsection (1)
a: be satisfied that the rule will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
b: be satisfied that the rule is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
c: have regard to, and give the weight that the Minister considers appropriate in each case to, the criteria specified in section 72
3: The Minister may amend or revoke a rule or an amendment to a rule made by Order in Council under subsection (1)
4: An order made under this section—
a: is secondary legislation; and
b: must be published as part of the rules as if the Minister had made the rule or the amendment to the rule.
5: An order made under this section—
a: is not required to be drafted by the PCO under section 67(d)﻿(i) of the Legislation Act 2019; but
b: may be drafted by the PCO under an agreement under section 67(d)﻿(iii) of that Act, and in that case, must be published as required by subsection (4)﻿(b)
6: If, under the Legislation Act 2019, the order is not required to be published, the Minister must serve a copy of it on the persons (if any) whom the Minister considers appropriate.
7: An order to which subsection (6)
a: has effect only in relation to a person on whom it is served under subsection (6)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
8: Service under subsection (6) 1990 No 98 s 34A 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) However, if those regulations do not require it to be published, section 63(6) 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. Provisions concerning rules made by Minister or Governor-General
64: Provisions concerning rules made by Minister or Governor-General
1: This section and sections 65 66
2: A rule may apply generally or with respect to different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or with respect to the same class of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services in different circumstances.
3: A rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.
4: The commencement of a rule may be wholly suspended until it is applied by the Minister by notice.
5: Any 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 CAA, the Director, or any other person; or
b: empower the CAA, 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.
6: To avoid doubt, the terms and conditions specified in a rule may provide for—
a: consultation to be undertaken before the exercise of any of the powers given to the CAA, 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.
7: A notice made under subsection (4) see
8: If, under the Legislation Act 2019, a notice made under subsection (4)
9: A notice to which subsection (8)
a: has effect only in relation to a person on whom it is served under subsection (8)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
10: Service under subsection (8) 1990 No 98 s 28(2)–(5A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) However, if those regulations do not require it to be published, section 64(8) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
65: Rule prevails over bylaw if bylaw inconsistent or repugnant
If a bylaw of a local authority is inconsistent with or repugnant to any rule made under this subpart that is in force in the same locality, the rule prevails to the extent of the inconsistency. 1990 No 98 s 28(7), (8)
66: Offences for breaches of rules
1: No breach of a rule constitutes an offence against this Act unless that offence is prescribed in the regulations.
2: This section is subject to the following sections:
a: section 51(2)
b: section 398(2)
c: section 400(2)
d: section 403(2) 1990 No 98 s 28(6)
2: Emergency rules made by Director
Power of Director to make emergency rules
67: Power of Director to make emergency rules
1: Subject to subsection (2) section 69
2: The Director must not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make 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
a: emergency rules under subsection (1)
b: a revocation under subsection (3)
5: If, under the Legislation Act 2019, an emergency rule or a revocation is not required to be published, the Director must serve a copy of it on the persons (if any) whom the Director considers appropriate.
6: If subsection (5)
a: it has effect only in relation to a person on whom it is served under subsection (5)
b: it comes into force in relation to the person immediately after it is served on the person (even though it is not published).
7: Service under subsection (5) 1990 No 98 s 31(1)–(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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) However, if those regulations do not require it to be published, section 67(5) 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. Provisions concerning emergency rules made by Director
68: Procedures relating to rules made by Director
Every emergency rule must—
a: be signed or otherwise authenticated by the Director; and
b: contain a statement specifying the objective of the rule and the extent of the consultation under section 69
c: set out fully the requirements of the rule, except where certain information is, under section 428 1990 No 98 s 32(2)
69: Procedure for making emergency rules
1: Before making an emergency rule, the Director must consult with any persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that the Director in each case considers appropriate.
2: Before making an emergency rule, the Director must—
a: be satisfied that the rule—
i: will, to the extent that is practicable, facilitate conformity with the applicable standards of ICAO relating to aviation safety and security; and
ii: is not inconsistent with New Zealand’s international obligations relating to aviation safety and security; and
b: have regard to, and give the weight that the Director considers appropriate in each case to, the criteria specified in section 72 1990 No 98 s 35(1)
70: Duration of emergency rule
1: An emergency rule may be in force for a period not exceeding 90 days, and may be renewed by the Director once only for a further period not exceeding 30 days.
2: The Minister may, by notice, at any time while an emergency rule is in force in accordance with subsection (1) subsection (3)
3: Before extending the duration of an emergency rule under subsection (2)
4: A notice made under subsection (2) see
5: If, under the Legislation Act 2019, a notice made under subsection (2)
6: A notice to which subsection (5)
a: has effect only in relation to a person on whom it is served under subsection (5)
b: comes into force in relation to the person immediately after it is served on the person (even though it is not published).
7: Service under subsection (5) 1990 No 98 s 35(5), (5A), (5B), (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 The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) However, if those regulations do not require it to be published, section 70(5) Presentation The Minister must present it to the House of Representatives, unless the exemption in Schedule 3 LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
71: Emergency rule prevails if inconsistent with rule made under subpart 1
To the extent that an emergency rule is inconsistent with or repugnant to a rule made by the Minister or Governor-General under subpart 1 1990 No 98 s 35(6)
3: General provisions
72: Criteria that Minister and Director must have regard to before making rules or emergency rules
The criteria referred to in sections 61(2)﻿(c), 63(2)﻿(c), and 69(2)﻿(b)
a: the main and additional purposes of this Act:
b: the recommended practices of ICAO relating to aviation safety and security:
c: the level of risk existing to aviation safety in each proposed activity or service:
d: the nature of the activity or service for which the rule is being established:
e: the level of risk existing to aviation safety and security in New Zealand in general:
f: the need to maintain and improve aviation safety and security, including (but not limited to) personal security:
g: the costs of implementing measures for which the rule is being proposed:
h: 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:
i: any other matters that the Minister or, as the case may be, the Director considers appropriate in the circumstances. 1990 No 98 s 33
4: Aviation documents, medical certification, and drug and alcohol testing
1: Requirements for aviation documents
73: Application for aviation document
1: An application for the grant or renewal of an aviation document must be made to the Director and be in accordance with the requirements of the rules.
2: The applicant must include in the application the applicant’s address for service in New Zealand and any other contact details required by the Director.
3: The holder of an aviation document must promptly notify the Director of any changes to the address for service, the contact details required by the Director under subsection (2)
4: Service of any notice under this Act on a holder of, or an applicant for, an aviation document is effective service if served on the address last provided by that holder or applicant under this section. 1990 No 98 s 8
74: Application requiring national security assessment
If an application for the grant or renewal of an aviation document falls within a category of applications specified in the rules as requiring a national security assessment, the Director must refer the application to the Minister for consideration in accordance with section 355
75: Grant or renewal of aviation document
1: After considering any application for the grant or renewal of an aviation document, the Director must, as soon as practicable, grant the application if the Director is satisfied that—
a: all things in respect of which the document is sought meet the relevant prescribed requirements; and
b: the applicant and any person who will have or is likely to have control over the exercise of the privileges under the document—
i: either holds the relevant prescribed qualifications and has the prescribed experience or holds foreign qualifications that are acceptable to the Director under section 76
ii: is, as determined in accordance with section 80
iii: meets all other relevant prescribed requirements; and
c: in the case of a New Zealand AOC with ANZA privileges,—
i: the requirements in section 91(2)
ii: the applicant meets or will meet the conditions in section 91(4)
d: it is not contrary to the interests of aviation safety and security for the document to be granted or renewed.
2: Despite subsection (1) section 74
a: the Minister issues a notice under section 355(2)﻿(a) or (b)
b: the Minister notifies the Director that the Minister will not issue a notice under section 355(2)﻿(a) or (b)
c: 6 months has elapsed from the date on which the Director referred the application to the Minister under section 74
3: If the Minister directs under section 355(2)﻿(a)
4: If the Minister directs under section 355(2)﻿(b) subsection (1)
5: Subsection (1)﻿(b)﻿(ii) 1990 No 98 s 9(1)
76: Director may take into account foreign qualifications and certifications
For the purpose of granting or renewing an aviation document, the Director may, subject to any relevant provisions in the rules, accept any foreign qualifications or recognise any foreign certifications that the Director considers appropriate in each case. 1990 No 98 s 9(2)
77: Condition of aviation document that holder, etc, continues to satisfy fit and proper person test
1: It is 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 must continue to satisfy the fit and proper person test specified in section 75(1)﻿(b)﻿(ii)
2: This section does not apply in relation to an aviation document if the aviation document is in a class specified in the rules as one to which section 75(1)﻿(b)﻿(ii) 1990 No 98 s 9(3)
78: Duration and conditions of aviation document
1: Subject to the rules, an aviation document may be issued by the Director for such specified period and subject to the conditions that the Director considers appropriate in each case.
2: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 7(3), (4)
79: Right of appeal
1: If the Director declines to grant an application under section 75 section 453
2: This section is subject to section 357 1990 No 98 s 9(4)
80: Fit and proper person test
1: For the purpose of determining whether a person is a fit and proper person for any purpose under this Act, the Director must, having regard to the degree and nature of the person’s proposed involvement in the New Zealand civil aviation system, have regard to, and give the weight that the Director considers appropriate to, the following matters:
a: the person’s history of compliance with transport safety and transport security requirements, whether inside or outside New Zealand:
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 mental health problems or serious behavioural problems of the person:
e: the person’s use of drugs or alcohol:
f: any conviction of the person for a transport safety offence or an offence under the Health and Safety at Work Act 2015, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act:
g: any evidence that the person has committed a transport safety offence or has contravened or failed to comply with civil aviation legislation:
h: if a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 91(4)
2: The Director is not confined to consideration of the matters specified in subsection (1)
3: The Director may, for the purpose of determining whether a person is a fit and proper person for any purpose under this Act,—
a: seek and receive any information (including medical reports) that the Director thinks fit; and
b: consider information obtained from any source.
4: Nothing in the Privacy Act 2020 subsection (3)
5: Subsection (1)
a: subsection (1)﻿(a), (b), (c), (f), and (g)
b: subsection (1)﻿(d) and (e) 1990 No 98 s 10(1)–(4)
81: Disclosure of prejudicial information
1: If, under section 80(1) subsection (2) section 82
2: The Director may determine not to disclose the information if,—
a: in the case of non-disclosure to an individual of information about that individual, the Director could withhold the information under any of sections 49 to 53 of the Privacy Act 2020 had the information been requested by that individual under that Act; or
b: in any other case, the Director could withhold the information under section 6, 7, or 9 of the Official Information Act 1982 had the information been requested under that Act.
3: If, under subsection (2)﻿(a)
a: the Director must—
i: inform the individual of the non-disclosure; and
ii: inform the individual that the individual may, under the Privacy Act 2020
b: the Privacy Act 2020
4: If, under subsection (2)﻿(b)
a: the Director must—
i: inform the person of the non-disclosure; and
ii: inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and
b: the Official Information Act 1982 applies to that non-disclosure as if, following a request under that Act for the information that is withheld, the information had been withheld under that Act. 1990 No 98 s 10(5)–(7)
82: Rights of persons affected by proposed adverse decisions
1: In this section and section 83 adverse decision affected document holder person directly affected section 453 person on the basis of whose character the adverse decision arises section 80
2: If the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, must—
a: notify the person directly affected of the proposed decision; and
b: subject to subsection (4)
c: specify a date by which the person may make submissions to the Director in respect of the proposed decision, which must not be less than 21 days after the date on which the notice is given; and
d: where appropriate, specify the date on which the proposed decision will, unless the Director otherwise determines, take effect, being a date not less than 28 days after the date on which the notice is given; and
e: notify the person of the person’s right of appeal under section 453
f: specify any other matters that in any particular case may be required by this or any other Act.
3: If the Director gives a notice under subsection (2)
a: must also give a copy of the notice to—
i: any person on the basis of whose character the adverse decision arises, if the person is not the person directly affected by the proposed decision; and
ii: any affected document holder, if the Director considers that the proposed decision is likely to have a significant impact on the operations of the document holder; and
b: may supply a copy of the notice to any other affected document holder.
4: A notice or copy of a notice given under this section must not include or be accompanied by any information referred to in section 81(1)
a: the notice or copy is supplied to the person to whom the information relates; or
b: the person to whom the information relates consents to the supply of that information to any other person.
5: If any notice or copy of a notice is given to any person under this section, the person must ensure that all information that the person wishes the Director to consider in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)﻿(c)
6: The Director may request any further information from the person to whom the notice is given under this section, and may specify a reasonable time within which the information may be supplied. 1990 No 98 s 11(1)–(4), (5)﻿(a)
83: Determination by Director as to whether to make adverse decision
1: The Director—
a: must consider any submissions made in accordance with section 82(5)
b: must consider any information provided in accordance with a request made under section 82(6)
c: if, and only if, the Director is satisfied that there are extenuating circumstances, may consider any information provided in accordance with section 82(5) section 82(6)
2: After considering the matters referred to in section 82(5) and (6) subsection (1)
a: finally determine whether to make the proposed adverse decision; and
b: as soon as practicable after making the determination, notify in writing the person directly affected, and any other person of a kind referred to in section 82(3)﻿(a)
i: the Director’s decision and the grounds for the decision; and
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 specified in section 79(1) 97(5) 98(6) 1990 No 98 s 11(5)﻿(b), (c), (6)
84: Powers of Director in relation to examinations, etc
For the purposes of granting or renewing aviation documents under this Act, the Director may set, conduct, and administer examinations and tests, conduct flight testing, and carry out any other functions in relation to those examinations, tests, and flight testing that the Director considers may be necessary. 1990 No 98 s 72K
2: Australia New Zealand Aviation mutual recognition
85: Additional purpose of subpart
1: The purpose of this subpart (in addition to those set out in sections 3 4 ANZA
2: This section does not limit section 3 4 1990 No 98 s 11A Australian Air Operator’s Certificates with Australia New Zealand Aviation privileges
86: Holder of Australian Air Operator’s Certificate 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 address for service and other contact details as specified by the Director; and
iii: the holder’s New Zealand address for service and other contact details as specified by the Director; and
iv: 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. 1990 No 98 s 11B
87: 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 give 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 must not delegate the power to give 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 CAA receives notification from CASA of the Director of CASA’s response to the New Zealand temporary stop notice. 1990 No 98 s 11C
88: 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) 1990 No 98 s 11D
89: 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. 1990 No 98 s 11E New Zealand Air Operator’s Certificates with Australia New Zealand Aviation privileges
90: Requirements for New Zealand 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 that the Director receives from CASA:
i: advice:
ii: guidelines:
iii: recommendations:
iv: other relevant information. 1990 No 98 s 11F
91: Grant of New Zealand AOC with ANZA privileges
1: The Director may, in accordance with this Act and the rules, grant to an air operator in New Zealand an authorisation (a New Zealand AOC with ANZA privileges
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) and regulations and civil aviation orders made under that Act that relate to safety; and
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) and regulations and civil aviation orders made under that Act that apply to the holder; and
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 considers appropriate.
6: In subsection (2) licensing authority section 174 1990 No 98 s 11G
92: 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 the Director should—
i: suspend in whole or in part the New Zealand AOC with ANZA privileges under section 96 97
ii: revoke in whole or in part the New Zealand AOC with ANZA privileges under section 98
iii: impose conditions on the New Zealand AOC with ANZA privileges under section 96 97 98
iv: take any other action in relation to that New Zealand AOC holder.
2: The Director must notify CASA of the Director’s decision and of any action taken. 1990 No 98 s 11H
93: 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 of a New Zealand AOC with ANZA privileges to conduct air operations in the Australian civil aviation system; but
b: the holder is no longer able to comply with all the conditions specified in section 91(4)
2: 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 91(4)
ii: of the grounds for the Director’s belief; and
c: allow the holder at least 90 days from the date of the Director’s notification under paragraph (b)
3: If, after the process referred to in subsection (2)
a: amend the New Zealand AOC with ANZA privileges:
b: withdraw the privileges attaching to the AOC.
4: A person in respect of whom a decision is made under subsection (3) section 453 1990 No 98 s 11I
94: Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA
An employee of the CAA 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) for the purpose of enabling that employee to perform the function or exercise the power in New Zealand in respect of Australian AOCs with ANZA privileges. 1990 No 98 s 11J
95: Failure to cease conducting air operations in New Zealand
1: A person who fails to comply with section 87(3)
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $60,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 46E
3: Powers of Director in relation to aviation documents
96: Director may suspend, or impose conditions on, aviation document
1: The Director may suspend, in whole or in part, an aviation document issued under this Act or impose conditions on an aviation document if the Director considers the action is necessary in the interests of safety and security and if the Director—
a: considers the action is necessary to ensure compliance with civil aviation legislation; or
b: is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements in section 13
c: is satisfied that the holder has contravened section 107(1)
d: considers that the privileges conferred on or the duties imposed on the holder by the document have been, or 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 subsection (1)
a: the Director may suspend an aviation document relating to the use of any aircraft or aeronautical product, or impose conditions on the aviation document, if the Director considers that there is reasonable doubt about the airworthiness of the aircraft or the quality or safety of the aeronautical product to which the document relates; and
b: the Director may suspend an aviation document relating to the provision of any aviation-related service, or impose conditions on the aviation document, if the Director considers that there is reasonable doubt about the quality or safety of the service to which the document relates.
3: The suspension of an aviation document and any conditions imposed remain in force until the Director determines what action, if any, referred to in section 97
4: However, any suspension or conditions expire 10 working days after the date on which 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. 1990 No 98 s 17(1)–(3)
97: Further provisions in relation to suspension of, or imposition of conditions on, aviation document
1: This section applies if section 96
2: The Director may do 1 or more of the following:
a: impose conditions for a specified period:
b: withdraw any conditions (other than a condition imposed in response to a direction under section 355(2)﻿(b)
c: suspend an aviation document for a specified period:
d: revoke, in whole or in part, an aviation document under section 98
e: impose permanent conditions under section 98
3: If notice of a proposed revocation of an aviation document, or notice of the proposed imposition of permanent conditions on an aviation document, is given in accordance with section 82 section 98(3) section 98
4: A person whose aviation document has been suspended or made subject to conditions must, if the document is capable of being surrendered (for example, if it is in paper form), immediately produce that document to the Director for appropriate endorsement.
5: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 17(4)–(7)
98: Director may revoke, or impose permanent conditions on, aviation document
1: The Director may revoke, in whole or in part, or impose permanent conditions on an aviation document if the Director considers it necessary in the interests of aviation safety and security after an inspection, monitoring, or an investigation carried out under this Act.
2: Without limiting subsection (1)
a: the Director of CASA has advised the Director that CASA has given the holder of the document an Australian temporary stop notice; and
b: the Director considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety and security.
3: If the Director proposes to act under this section, the Director must give notice in accordance with section 82
4: Subsection (5)
5: A person whose aviation document is revoked or made subject to permanent conditions under this section must,—
a: where the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:
b: where the whole document is revoked, immediately surrender the document to the Director.
6: A person in respect of whom a decision is made under this section may appeal against the decision to the District Court under section 453 1990 No 98 s 18
99: Considerations relevant to decision about taking action under section 96, 97, or 98
1: This section applies for the purpose of—
a: determining whether an aviation document should be suspended or made subject to conditions under section 96 97
b: determining whether an aviation document should be revoked or made subject to permanent conditions under section 98
2: If this section applies, the Director may have regard to, and give the weight that the Director considers appropriate to, the following matters:
a: the person’s history of compliance with transport safety regulatory requirements:
b: any conviction of the person 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 civil aviation legislation.
3: The Director is not confined to consideration of the matters specified in subsection (2) and may take into account any other matters and evidence that the Director considers may be relevant.
4: The Director may—
a: seek and receive any information that the Director thinks fit; and
b: consider information obtained from any source.
5: Nothing in the Privacy Act 2020 subsection (4) 1990 No 98 s 19(1)–(4)
100: Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98
1: If the Director proposes to take into account under section 96 97 98 subsections (2) and (3)
2: The Director may determine not to disclose the information if,—
a: in the case of non-disclosure to an individual of information about that individual, the Director could withhold the information under any of sections 49 to 53 of the Privacy Act 2020 had the information been requested by that individual under that Act; or
b: in any other case, the Director could withhold the information under section 6, 7, or 9 of the Official Information Act 1982 had the information been requested under that Act.
3: Nothing in subsection (1) section 96 97
4: The Director must make the disclosure under subsection (1) section 96 97
5: If, in reliance on subsection (2) or (3)
a: in the case of non-disclosure to an individual of information about that individual, inform the individual that—
i: the individual may, under the Privacy Act 2020
ii: that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act; and
b: in any other case, inform the person that—
i: the person may seek a review by an Ombudsman of the non-disclosure under the Official Information Act 1982; and
ii: that Act applies to the non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under that Act. 1990 No 98 s 19(5)–(7)
101: Further powers of Director to amend or revoke aviation document
1: The Director may, if requested to do so in writing by the holder of any aviation document,—
a: amend that document in the manner requested; or
b: revoke that document.
2: The Director may do any of the following:
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 the holder is not carrying out, or able to carry out, any of the privileges or duties for which the document has been granted:
c: amend any aviation document to correct any typographical error or obvious mistake in the document.
3: Before taking any action under subsection (2)﻿(a) or (b)
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 must, if the document is capable of being surrendered (for example, if it is in paper form), immediately produce the document to the Director. 1990 No 98 s 20 Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
102: Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
1: If any fee, charge, or levy payable under this Act is not paid by the date prescribed or fixed for the payment of that fee, charge, or levy, the Director may suspend any aviation document to which the unpaid fee, charge, or levy relates.
2: If any fee, charge, or levy payable under this Act is not paid within 4 months after the date prescribed or fixed for the payment of that fee, charge, or levy, the Director may revoke any aviation document to which the fee, charge, or levy relates.
3: Before suspending an aviation document under subsection (1) subsection (2)
a: that the Director intends to suspend or revoke the document; and
b: that the person has a right of appeal under section 453
4: The holder of an aviation document that is suspended under subsection (1) subsection (2) section 453 1990 No 98 ss 41(1)–(3), (5), 42D(3)
4: Offences relating to aviation documents
103: Endangerment caused by holder of aviation document
1: The holder of an aviation document must not, in respect of any activity or service to which the document relates, do or omit to do any act, or cause or permit any act or omission, that causes unnecessary danger to any other person or to any property.
2: A person who contravenes subsection (1)
3: A person who contravenes subsection (1)
4: A person who commits an offence against subsection (2)
a: in the case of an individual, to a fine not exceeding $90,000:
b: in the case of any other person, to a fine not exceeding $300,000.
5: A person who commits an offence against subsection (3)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding $150,000, or both:
b: in the case of any other person, to a fine not exceeding $1,500,000.
6: This section is in addition to and does not limit the regulations or rules. 1990 No 98 s 43
104: Acting without necessary aviation document
1: A person commits an offence if the person—
a: operates, maintains, or services an aircraft, aerodrome, or aeronautical product, or provides an aviation-related service, or does any other act in respect of an aircraft, aerodrome, aeronautical product, or aviation-related service; and
b: either—
i: is required to hold a current aviation document for that activity and does not hold it; or
ii: knows that a current aviation document is required to be held in respect of the aircraft, aerodrome, product, or service before the act in paragraph (a)
2: A person who commits an offence against subsection (1)﻿(b)﻿(i)
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $30,000.
3: A person who commits an offence against subsection (1)﻿(b)﻿(ii)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $90,000, or both:
b: in the case of any other person, to a fine not exceeding $300,000.
4: In proceedings for an offence against subsection (1)﻿(b)﻿(i)
a: knew that they were required to hold the aviation document; or
b: knew that they did not hold the aviation document. 1990 No 98 s 46
105: Court may disqualify person from holding aviation document or impose conditions on aviation document
1: In addition to any penalty the court may impose under section 40 41 103
a: disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document for any period not exceeding 12 months that the court thinks fit; or
b: impose on any aviation document held by or issued to the person convicted, for any period not exceeding 12 months that the court thinks fit, any restrictions or conditions, or both, that the court, having regard to the circumstances of the offence, thinks fit.
2: Nothing in subsection (1) section 75 1990 No 98 s 45
106: Applying for aviation document while disqualified
1: A person who, without reasonable excuse, applies for or obtains an aviation document knowing or having proper notice that they are disqualified by an order of the court from obtaining such a document commits an offence.
2: Any aviation document in respect of which an offence is committed under subsection (1)
3: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 6 months or to a fine not exceeding $15,000, or both:
b: in the case of any other person, to a fine not exceeding $50,000.
4: If a person is convicted of an offence under subsection (1) 1990 No 98 s 48
107: Failing to disclose information relevant to granting or holding of aviation document
1: A person commits an offence if the person—
a: is an applicant for an aviation document and fails, without reasonable excuse, to provide to the CAA information known to the person that the person knows or should know is relevant to the CAA’s or the Director’s exercise of powers under civil aviation legislation; or
b: is the holder of an aviation document and fails, without reasonable excuse, to provide to the CAA information known to the person that the person knows or should know is relevant to the condition specified in section 77
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $30,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 49(1)﻿(b), (c), (2)
108: Failure to provide information to Director relating to Australian AOCs with ANZA privileges
1: A person who conducts an air operation while in breach of section 86(1) or (2)
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 46D
5: Medical certification
Provisions relating to medical certification
109: Medical certification
The provisions of Schedule 2 Offences relating to medical certification
110: Acting without required medical certificate
1: A person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if the person—
a: does not hold an appropriate current medical certificate issued under Schedule 2
b: knows or has reasonable grounds to suspect that they can no longer safely exercise the privileges to which their medical certificate relates; or
c: fails to comply with any conditions, restrictions, or endorsements specified by the Director under clause 15(a)
2: A person who commits an offence against subsection (1)﻿(a) or (c)
3: A person who commits an offence against subsection (1)﻿(b) 1990 No 98 s 46A
111: Fraudulent, misleading, or false statements to obtain medical certificate
1: A person commits an offence if the person—
a: makes or causes to be made a fraudulent statement, or knowingly or recklessly makes or causes to be made a false or misleading statement,—
i: for the purpose of obtaining a medical certificate under Schedule 2
ii: during an investigation under clause 10 11 Schedule 2 clauses 19 21 clause 4
b: makes or causes to be made a fraudulent entry, or knowingly or recklessly makes or causes to be made a false or misleading 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 a medical certificate under Schedule 2
c: makes or causes to be made a reproduction or alteration for fraudulent purposes of a medical certificate issued under Schedule 2
2: A person who commits an offence against subsection (1) 1990 No 98 s 46B
112: Failure to disclose medical information
1: A person commits an offence if the person—
a: fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)﻿(a)
b: fails, without reasonable excuse, to provide information required by the Director under clause 10
2: A person commits an offence if the person—
a: is a licence holder and is aware of a change in the licence holder’s medical condition, or the existence of any previously undetected medical condition, that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates; and
b: fails, without reasonable excuse, to advise the Director of information about the person’s medical condition as required by clause 8(1)﻿(a)
3: A person who commits an offence against subsection (1)
4: A person who commits an offence against subsection (2) 1990 No 98 s 46C
6: Drug and alcohol management plans and testing
113: Interpretation
In this subpart, unless the context otherwise requires,— bodily sample
a: biological fluid:
b: biological tissue (whether living or not):
c: breath DAMP section 114 DAMP operator
a: conducts an operation that involves 1 or more safety-sensitive activities; and
b: is required under the rules to hold an aviation document for that operation; and
c: is in a class of persons specified in the rules as a DAMP operator Director testing section 116 drug or alcohol test
a: a test of a person’s bodily sample to determine the presence, but not the level, of alcohol or a testable drug (or both) in the sample; or
b: a test of a person’s bodily sample to determine the presence and the level of alcohol or a testable drug (or both) in the sample negative result
a: that alcohol or a testable drug (or both) is not present in the bodily sample; or
b: if the DAMP specifies a level of alcohol or a testable drug in relation to a test, that alcohol or a testable drug (or both) is not present in the body at or above the specified level random testing section 115
a: is selected for testing in a way that is non-discriminatory; and
b: is not given advance notification of the testing response plan
a: prohibiting the worker from performing a safety-sensitive activity; and
b: permitting the worker to resume performing safety-sensitive activities, if the worker can do so safely safety-sensitive activity
a: means an activity that—
i: could significantly affect the health or safety of any person on board an aircraft, including the person performing the activity; or
ii: if not performed safely, could cause or contribute to an accident or incident involving an aircraft; and
b: includes an activity prescribed under the rules safety-sensitive worker
a: means an individual employed or engaged by a DAMP operator in a role that involves the individual performing a safety-sensitive activity; and
b: includes the DAMP operator, if the DAMP operator is an individual testable drug section 114(2)﻿(b)﻿(i)
114: DAMP operator must develop DAMP
1: A DAMP operator must have a DAMP for the purpose of managing risks arising from drug or alcohol use by safety-sensitive workers of the DAMP operator when performing safety-sensitive activities in relation to the operator’s operation.
2: The DAMP operator must ensure that a DAMP—
a: applies to all safety-sensitive activities; and
b: provides for random testing of safety-sensitive workers, including by—
i: specifying the drugs to be tested for under the DAMP; and
ii: setting out procedures and other matters (including any permissible levels of alcohol or a testable drug) in relation to the testing; and
c: includes a response plan; and
d: is developed in accordance with any requirements under the rules for developing the DAMP (including consultation with affected workers).
3: For the purpose of subsection (2)﻿(b)﻿(i)
a: must specify any drug that is specified by the rules as required to be included as a testable drug in the DAMP; and
b: may specify any other drug that could impair a safety-sensitive worker’s performance of a safety-sensitive activity.
4: The following must be done as prescribed under the rules:
a: the keeping of records in relation to matters done under, or relevant to, the DAMP:
b: approval and renewal of the DAMP:
c: amendment of the DAMP:
d: treatment of the DAMP as forming part of any other document held by the operator.
115: Random testing by DAMP operator
1: A DAMP operator must provide for testing of safety-sensitive workers in accordance with the approved DAMP and this section.
2: Random testing may be carried out only if the worker consents to be tested.
3: The DAMP operator must ensure that a person who carries out random testing is competent to carry out the testing, including by having any necessary experience or qualifications.
4: The person who carries out the random testing of a worker must,—
a: when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
i: the statutory power to carry out the test:
ii: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
iii: an explanation that the worker has the right to refuse consent to testing:
iv: an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
v: that the worker will be informed of the test result (and approximately when that will happen):
vi: any other matter prescribed by the rules; and
b: before testing the worker,—
i: take reasonable steps to establish the worker’s identity; and
ii: explain to the worker that the worker has the right to refuse consent; and
iii: explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
iv: ask for the worker’s consent to testing; and
c: carry out the test only in relation to—
i: alcohol and the testable drugs specified in the DAMP; and
ii: the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
d: carry out the test in accordance with the DAMP and any requirements prescribed by the rules.
5: As soon as practicable after the DAMP operator becomes aware of the result of a test, the DAMP operator must give the test result to the worker tested.
6: A written statement under subsection (4)﻿(a)
116: Director testing
1: The Director may carry out drug or alcohol testing of 1 or more safety-sensitive workers of a DAMP operator.
2: Director testing,—
a: to the extent reasonably practicable in the circumstances, must be carried out without advance notification to the DAMP operator or to the workers selected for testing; and
b: may be carried out at any reasonable time and in any reasonable circumstances the Director considers appropriate; and
c: may be carried out only if the worker consents to be tested; and
d: must be carried out by an inspector.
3: When carrying out Director testing of a worker, an inspector must,—
a: when first approaching the worker for the purpose of random testing, give the worker a written statement that sets out the following:
i: the statutory power to carry out the test:
ii: a general description of how the test will be carried out, including how the bodily sample will be taken and how it will be analysed:
iii: that the worker has the right to refuse consent to testing:
iv: an explanation of the consequences if the worker refuses consent or returns a test result other than a negative result:
v: that the worker will be informed of the test result (and approximately when that will happen):
vi: any other matter prescribed by the rules; and
b: before testing the worker,—
i: take reasonable steps to establish the worker’s identity; and
ii: explain to the worker that the worker has the right to refuse consent; and
iii: explain to the worker the consequences if the worker refuses consent or returns a test result other than a negative result; and
iv: ask for the worker’s consent to testing; and
c: carry out the test only in relation to—
i: alcohol and the testable drugs specified in the DAMP; and
ii: the permissible levels (if any) for alcohol or testable drugs specified in the DAMP; and
d: carry out the test in accordance with the DAMP and any requirements prescribed by the rules.
4: As soon as practicable after the Director becomes aware of the result of a test, the Director must give the test result to the worker tested and the DAMP operator.
5: A written statement under subsection (3)﻿(a)
6: A failure by the Director to comply with subsection (2)﻿(a)
117: What happens if worker refuses consent or test result is not negative
1: If a safety-sensitive worker refuses to consent to random testing or is tested and returns a result other than a negative result, or if the Director notifies the DAMP operator under subsection (3)
a: prohibit the worker from performing safety-sensitive activities until the worker is able to safely perform those activities; and
b: implement the response plan.
2: If a worker refuses to consent to Director testing or is tested and returns a result other than a negative result, the Director must notify the worker’s DAMP operator of that fact as soon as practicable.
3: If a worker refuses to consent to random testing or is tested and returns a result other than a negative result, the DAMP operator must, in accordance with any requirements of the rules, notify the Director of that fact as soon as practicable.
118: Tampering
1: This section applies if a person who is carrying out a random test or Director testing suspects on reasonable grounds that a person being tested has—
a: consumed, administered, or supplied any substance with intent to dilute, contaminate, or otherwise alter any sample:
b: otherwise tampered with the testing.
2: This subpart and the relevant DAMP apply as if the test returned a result other than a negative result.
119: Test results only to be used in certain prosecutions
Test results obtained by a DAMP operator from carrying out random testing or by the carrying out of Director testing under section 116
a: this Act; or
b: the Health and Safety at Work Act 2015.
5: Aviation security
1: Designations and security checks
120: Security designated aerodromes and navigation installations
1: The Minister may, by notice in the Gazette
a: designate an aerodrome as a Tier 1 security designated aerodrome:
b: designate an aerodrome as having any other tier of security specified in the rules:
c: designate a navigation installation as a security designated navigation installation.
2: The New Zealand Police and the authorised aviation security service provider or providers at a security designated aerodrome or security designated navigation installation are jointly responsible for—
a: the prevention of the commission of crimes against the Aviation Crimes Act 1972 at that aerodrome or installation; and
b: the protection of persons and property from dangers arising from the commission or attempted commission of such crimes. 1990 No 98 ss 76, 82 Airside security areas
121: Airside security areas
1: The Director may declare, by a sign or signs affixed at the perimeter of the area, that an area within any security designated aerodrome or security designated navigation installation is an airside security area.
2: The Director may declare, by appropriate notification, that an area within an airside security area is a security enhanced area. 1990 No 98 s 84(1), (1A)
122: Entry into airside security area
1: Except as provided in this section, only the following persons may enter or remain in any airside security area or part of an airside security area:
a: a constable on official duties or an aviation security officer on official duties:
b: a person who is—
i: authorised by the Director or a person acting under the authority of the operator of the aerodrome or navigation installation; and
ii: bearing, in accordance with any requirements specified in the rules, evidence of the person’s identity:
c: a person or class of persons approved by the Director for the purpose of this section.
2: The evidence of identity required by subsection (1)﻿(b)﻿(ii)
3: Despite subsection (1)
a: a passenger embarking or disembarking directly through a gateway or thoroughfare in an aerodrome approved for that purpose by the aerodrome manager may pass through an airside security area or part of an airside security area forming part of the gateway or thoroughfare without the evidence of identity referred to in subsection (1)﻿(b)﻿(ii)
b: a person allowed under the rules may pass through an airside security area or part of an airside security area without the evidence of identity referred to in subsection (1)﻿(b)﻿(ii) 1990 No 98 s 84(2), (7), (8)
123: Providing evidence of identity and authority
1: A person in an airside security area or part of an airside security area must, on the request of an authorised security person,—
a: state the person’s name, address, and date of birth, and the purpose of the person’s presence in the airside security area or part of an airside security area, and the person’s authority to enter it; and
b: provide satisfactory evidence of the person’s stated name and authority to enter the area.
2: An authorised security person may order a person to leave an airside security area or part of an airside security area if the person fails or refuses to comply with a requirement of subsection (1)﻿(a) or (b)
3: If a person fails or refuses without reasonable excuse to immediately comply with an order under subsection (2)
4: Any person who without reasonable excuse refuses to comply with a request or order under subsection (1) or (2) section 166
5: A person detained under subsection (4) 1990 No 98 s 84(3)–(6)
124: Authorised security person may seize evidence of identity
1: This section applies if a person produces the evidence of identity referred to in section 122(1)﻿(b)﻿(ii)
a: the evidence of identity is being used in breach of civil aviation legislation; or
b: the approval of the evidence of identity has been withdrawn or has expired.
2: The authorised security person may seize the evidence of identity and—
a: return it to the Director or otherwise notify the Director in accordance with the rules; or
b: if the evidence of identity is not issued by the Director, return it to the person or agency that issued it or otherwise notify the person or agency in accordance with any requirements of the rules. Landside security areas
125: Landside security areas
1: The Minister may exercise the power in this section if the Minister considers that it is—
a: necessary in order to respond to a threat to civil aviation; or
b: necessary to enable New Zealand to be part of a concerted international response to a threat to aviation security; or
c: otherwise necessary to support the main purpose of this Act or the additional purpose in section 4(d)
2: The Minister may declare, by a sign or signs affixed at the perimeter of the area, that an area within any security designated aerodrome or security designated navigation installation is a landside security area.
3: A declaration made under this section has effect for a period the Minister specifies in it, which must not be more than 30 days. Security checks of persons
126: Director may carry out 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)
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 of the Intelligence and Security Act 2017; and
b: give weight to any component of the information as the Director considers appropriate in the circumstances.
5: Nothing in the Privacy Act 2020 subsection (4)
6: 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. 1990 No 98 s 77F(1)–(5)
127: Reconsideration of security check determination
1: The Director may reconsider any previous security check determination that the Director has made under section 126
a: new information is made available; or
b: the Director has reason to suspect that the person may pose a threat to aviation security.
2: 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)
c: if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the appropriate review procedure set out in section 128 or 129
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 128 or 129
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 128 or 129
3: Section 126(4) and (5)
4: Nothing in this section limits the power of the Director to grant an exemption under section 322 1990 No 98 s 77F(6)–(8)
128: Review procedure for adverse security check determination
If the Director proposes to make an adverse security check determination with respect to a person (other than a determination to which section 129
a: advise the person in writing 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 written 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)
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—
i: the person of the final determination and the reasons for the final determination; and
ii: any other affected party of the final determination, but not the reasons for the final determination. 1990 No 98 s 77G(2)
129: Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017
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 under section 11 of the Intelligence and Security Act 2017, the Director must advise the New Zealand person that the person may, in accordance with section 171 of that Act, make a complaint regarding the recommendation to the Inspector-General of Intelligence and Security.
2: 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 section 128
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)
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.
3: For the purposes of this section, New Zealand person 1990 No 98 s 77G(1), (3), (5)
130: Consequences of final adverse security check determination
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. 1990 No 98 s 77G(4)
131: Offence to carry out activity while authorisation withdrawn or after authorisation revoked
1: A person commits an offence if the person carries out an activity that requires an authorisation—
a: during a period when that authorisation has been withdrawn under section 127(2)﻿(d) or (e)
b: if that authorisation has been revoked under section 130
2: A person who commits an offence against subsection (1) 1990 No 98 s 77H
132: Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
1: A person commits an offence if the person fails, without reasonable excuse, to comply with the Director’s requirement to—
a: withdraw an authorisation under section 127(2)﻿(e)
b: revoke an authorisation under section 130(b)
2: A person who commits an offence against subsection (1) 1990 No 98 s 77I
2: Aviation security services and aviation security powers
133: Interpretation
In this subpart,— data electronic device device pat down search
a: runs or pats their hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of the person being searched:
b: inserts their hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, requires the person being searched to do all or any of the following:
i: open their mouth:
ii: display the palms of their hands:
iii: display the soles of their feet:
iv: lift or rub their hair relevant item or substance
a: dangerous goods:
b: any item or substance specified in section 11(1) of the Aviation Crimes Act 1972:
c: any item or substance not already included in paragraph (a) or (b) section 152 or 154 security area sterile area thing Provision of aviation security services
134: Aviation security service providers
Aviation security services may be provided by—
a: AvSec, at any security designated aerodrome or security designated navigation installation; or
b: the operator of a security designated aerodrome or security designated navigation installation, at that aerodrome or navigation installation; or
c: an airline, at a security designated aerodrome at which the airline is operating. 1990 No 98 s 79(1)
135: Responsibility of Minister
The Minister must ensure that aviation security services are provided at all Tier 1 security designated aerodromes and at all security designated navigation installations. 1990 No 98 s 77
136: Requirements for provider of aviation security services
1: No person referred to in section 134(b) or (c)
2: The holder of an aviation document referred to in subsection (1)
3: To avoid doubt, neither AvSec nor any person employed to work in AvSec is required to have an aviation document for the provision of aviation security services. 1990 No 98 ss 79(2), (3), 81(1)
137: Minister may specify only AvSec to provide security at aerodrome or installation
1: Despite section 134 subsection (3) Gazette
2: Before giving a notice under subsection (1)
a: must have regard to the main and additional purposes of this Act; and
b: must consult with any person who already holds an aviation document entitling the person to provide aviation security services at a security designated aerodrome or security designated navigation installation to which the notice will apply.
3: Despite anything in section 134
4: Any appointment made under subsection (3) 1990 No 98 s 79A
138: Functions and duties of AvSec
1: AvSec has the following functions and duties:
a: to carry out—
i: crew, passenger, and baggage searching for all international aircraft passenger services:
ii: the directions of the Minister or the Director under section 152 or 154
iii: aerodrome security patrols and patrols of security designated navigation installations:
b: 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:
c: to undertake, or encourage or supervise, any experimental or research work in respect of any aspect of aviation security that the Director specifies:
d: for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport operators, operators, authorities administering the airport security services of other countries, and any appropriate international organisation:
e: to provide security support services to the New Zealand Police when requested by the Commissioner of Police, but only if—
i: the Commissioner of Police is satisfied that the provision of those services is necessary to enable the New Zealand Police to carry out its security duties; and
ii: the Minister and the CAA agree that the provision of those services will not compromise aviation security:
f: 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 CAA agree that the performance of the functions and duties of AvSec will not be compromised:
g: to carry out or exercise any other functions, powers, or duties that are conferred or imposed on it under this Act or any other legislation.
2: AvSec is not required to perform the functions and duties in subsection (1) section 136
3: Nothing in subsection (1) section 135 1990 No 98 s 80
139: Requirements for AvSec to comply with prescribed requirements for provision of aviation security services
1: All or any requirements prescribed under the rules or regulations that apply to the holder of an aviation document for the provision of aviation security services apply to AvSec.
2: Subsection (1)
a: specifically provides that a requirement does not apply to AvSec; or
b: in any other way provides differently for AvSec.
140: Person who holds aviation document for aviation security service must designate aviation security officers
1: A person who holds an aviation document for an aviation security service must designate persons employed by the person to be aviation security officers.
2: An officer designated under subsection (1) 1990 No 98 s 81 Searching powers at aerodromes and navigation installations
141: Searching powers of aviation security officers
1: An aviation security officer may, at a security designated aerodrome or a security designated navigation installation, for the purpose of detecting any relevant item or substance, undertake reasonable searching of—
a: a person or thing—
i: at a screening point immediately before the person or thing enters a landside security area; or
ii: while the person or thing is present in a landside security area; or
iii: at a screening point immediately before the person or thing enters a sterile area; or
iv: while the person or thing is present in a sterile area; or
v: at a screening point immediately before the person or thing enters a security enhanced area; or
vi: while the person or thing is present in a security enhanced area:
b: any place within the aerodrome or installation:
c: any of the following at any place within the aerodrome or installation:
i: a crew member or passenger and any thing in the person’s possession:
ii: a thing to be carried on an aircraft:
iii: any thing that is found unattended:
iv: a vehicle:
v: an aircraft.
2: In relation to an electronic device, the power in this section does not authorise an aviation security officer or any other person to access data in the device or to access data that is not in the device.
3: No provision in subsection (1)
4: A search under this section may be done at the request of an aerodrome operator or the Police, or on the initiative of an aviation security officer. 1990 No 98 ss 80(a)﻿(ii), (ab), 80A(1), 80B(1), 80C(1)
142: Requirements and incidental powers relating to manner of searching persons
1: With respect to a search of a person under section 141
a: 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:
b: remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:
c: allow an aviation security officer to carry out a pat down search.
2: The search of a person may include a search (whether involving physical contact or not) of—
a: any outer clothing of the person removed, raised, lowered, or opened for the purposes of the search of the person; and
b: any head covering, gloves, or footwear (including socks or stockings) of the person removed for the purposes of the search of the person.
3: If a search of a person is made by means other than solely an aviation security dog or a mechanical or electrical or electronic or other similar device, the person must be searched by—
a: an aviation security officer who is of the same sex as the person being searched; or
b: if the person being searched reasonably requests, a person of a different sex. 1990 No 98 s 80G
143: Consent requirements for searching
1: The power of search in section 141
a: in the case of the search of a person, with the consent of the person:
b: in the case of the search of a thing, with the consent of the person in possession of the thing.
2: If a person is at a screening point, the person is taken for all purposes to consent to—
a: any searching of the person that involves no physical contact with the person being searched:
b: any searching of baggage presented by the person for carriage, including the use of reasonable force to open the baggage.
3: Subsection (2)
4: A person (including a person to whom subsection (2) subpart 3
5: A person is taken for all purposes to consent to the searching of the person’s baggage while it is temporarily under the control, or in the charge, of—
a: an airline operator or other person at an aerodrome for the purpose of transporting it within the aerodrome or loading it or any other similar purpose; or
b: a government agency for the purpose of inspecting it or exercising any other regulatory function.
6: This section is subject to section 144
144: Circumstances where consent to searching not required
1: The power in section 141(1)﻿(c)﻿(iii)
2: The power in section 141
a: there is an imminent risk to aviation safety and security; and
b: the risk requires an immediate response.
3: This section applies despite anything in section 12(1) of the Aviation Crimes Act 1972 relating to a requirement for consent.
145: Power to require drivers to stop vehicles in security enhanced areas for searching
1: An aviation security officer who is in uniform 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 searching the vehicle, and any thing or person in the vehicle, under section 141
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 search the vehicle, and any thing or person in the vehicle.
3: A person commits an offence and is liable on conviction to a fine not exceeding $2,500 if the person, without lawful authority or reasonable excuse, fails to—
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 search the vehicle, and any thing 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. 1990 No 98 s 80H
146: Powers of aviation security officer in relation to person who is not searched or refuses consent to searching
1: This section applies if a person—
a: is required to be subject to a search at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area and attempts to enter without having undergone searching; or
b: is required to be subject to a search while in a landside security area, a sterile area, or a security enhanced area and attempts to remain in that area without having undergone searching; or
c: refuses to consent to searching immediately before entry into, or while in, a landside security area, a sterile area, or a security enhanced area.
2: An aviation security officer may,—
a: if the person is outside the landside security area or, as the case may be, the sterile area or security enhanced area, deny the person entry into that area:
b: if the person is in the landside security area or, as the case may be, the sterile area or security enhanced area, require the person to—
i: leave the area:
ii: remove any thing in the person’s possession from the area.
3: An aviation security officer may—
a: prevent a person from entering a landside security area or, as the case may be, a sterile area or security enhanced area if the person is denied entry under subsection (2)﻿(a)
b: remove a person from a landside security area or, as the case may be, a sterile area or security enhanced area if the person is required to leave under subsection (2)﻿(b)
4: An aviation security officer may detain a person who—
a: attempts to enter when denied entry under subsection (2)﻿(a) subsection (2)﻿(b)
b: refuses to be searched at a screening point immediately before entering into a landside security area, a sterile area, or a security enhanced area, if the aviation security officer has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by the person or by any other person; or
ii: a search of the person refusing to consent is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be, committed, whether by the person or any other person.
5: A person detained under subsection (4)
6: 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 landside security area, a sterile area, or a security enhanced area under subsection (3)﻿(a)
b: remove a person from a landside security area, a sterile area, or a security enhanced area under subsection (3)﻿(b)
c: detain a person under subsection (4) 1990 No 98 s 80E
147: Powers of constable in relation to person who is not searched or refuses consent to searching
1: This section applies if —
a: a person is not searched, or refuses consent to searching, before entry into, or while being in, a landside security area, a sterile area, or a security enhanced area; and
b: a constable has reasonable grounds to suspect that—
i: an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person; and
ii: a search of the person, or any thing in the person’s possession, is likely to disclose evidence that an offence against the Aviation Crimes Act 1972 has been, is being, or will be committed, whether by the person or by any other person.
2: The refusal of a person to consent to the searching of the person, or any thing in the person’s possession, does not of itself constitute reasonable grounds for suspecting that an offence against the Aviation Crimes Act 1972 has been, is being, or will be, committed.
3: A constable may, without a warrant,—
a: search the person, and any thing in the person’s possession; and
b: detain the person for the purposes of the search; and
c: take possession of any item or substance found in the course of the search that is specified in section 11(1) of the Aviation Crimes Act 1972.
4: In relation to an electronic device, the power in subsection (3)
5: A constable exercising the power of search under subsection (3)
a: provide evidence of the constable’s 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, of the constable’s identity to the person to be searched.
6: If a constable exercises the power of search under subsection (3) 1990 No 98 s 80F
148: Consequences for passenger of refusal to consent to searching
Section 12(2) and (3) of the Aviation Crimes Act 1972 applies in respect of searching under this subpart. Dealing with item or substance suspected when searching
149: Item or substance suspected entering into, or in, sterile area
1: This section applies if—
a: the presence of a relevant item or substance is suspected by an aviation security officer when searching a person or thing under section 141
b: an aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.
3: 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 it is 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.
4: 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 paragraphs (b) to (d)
b: deliver the item or substance to the operator of an air service, the aerodrome, or a delivery service; or
c: dispose of or destroy the item or substance; or
d: deliver the item or substance to a constable.
5: Despite subsections (3) and (4)
6: If an aviation security officer delivers an item or a substance to a constable under subsection (4)﻿(d) 1990 No 98 s 80B(3)–(7)
150: Item or substance suspected entering into, or in, landside security area or security enhanced area
1: This section applies if—
a: a relevant item or substance is suspected by an aviation security officer when searching a person or thing under section 141
b: an aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a landside security area or security enhanced area.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a landside security area or a security enhanced area.
3: 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 landside security area or security enhanced area, the aviation security officer must—
a: detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of; or
b: deny entry into the landside security area or security enhanced area to any person in possession of the item or substance; or
c: direct the person in possession of the item or substance to leave the landside security area or security enhanced area, with or without—
i: the item or substance:
ii: any vehicle used to transport the item or substance.
4: If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the landside security area or 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.
5: 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 and security, the aviation security officer may destroy or otherwise dispose of the item or substance.
6: An aviation security officer must make a record of any item or substance seized under this section and the person from whom it was seized. 1990 No 98 s 80C(3)–(6)
151: Items or substances suspected that may be imminent risk
1: This section applies if—
a: an aviation security officer is searching a person or thing under section 141 section 149 or 150
b: the aviation security officer has reasonable grounds to believe that, if the item or substance is a relevant item or substance, it may pose an imminent risk to aviation safety and security.
2: The aviation security officer may seize and detain the item or substance for the purpose of determining whether it is a relevant item or substance and whether it poses an imminent risk to aviation safety and security.
3: If the aviation security officer determines that the item or substance poses an imminent risk to aviation safety and security, the aviation security officer may—
a: deliver the item or substance to a constable; or
b: destroy or otherwise dispose of the item or substance.
4: If the aviation security officer determines that the item or substance does not pose an imminent risk to aviation safety and security, the aviation security officer must,—
a: if practicable, return the item or substance to the person from whom it was seized; or
b: if it is impracticable to return the item or substance to the person from whom it was seized,—
i: deliver the item or substance to the aerodrome operator; or
ii: deliver the item or substance to the operator of an air service or delivery service; or
iii: deliver the item or substance to a constable.
5: An aviation security officer must make a record of any item or substance seized under this section and the person from whom it was seized. Directions relating to searching and seizing
152: Power of Minister to require searching and seizing
1: The Minister may exercise the power in this section if the Minister considers that it is—
a: necessary to improve or enhance aviation security; or
b: necessary to enable New Zealand to be part of a concerted international response to a threat to aviation security; or
c: otherwise necessary to support the main or additional purposes of this Act.
2: The Minister may, by notice, direct an authorised aviation security service provider that all or any of the powers conferred on aviation security officers under this subpart be used by its aviation security officers to detect any item or substance specified in the direction.
3: The direction may—
a: direct that the powers be exercised in respect of any class of passenger service, aircraft, aerodrome, navigation installation, or thing, or on any other differential basis specified in the direction:
b: direct that the powers be exercised at a particular place or particular places at an aerodrome or navigation installation (within any limits as to places in section 141
c: authorise the Director to direct that aviation security officers not carry out the direction in relation to a particular flight or in other particular circumstances if the Director considers that searching is not necessary in that case or in those circumstances.
4: If the direction specifies an item or a substance that is not within the meaning of paragraph (a) or (b) section 133
a: specify the item or substance with reference to—
i: the item or substance being present in, above, or below a particular quantity; or
ii: the item or substance being in particular packaging; or
iii: any other circumstance; or
b: specify the item or substance and authorise the Director to determine the matters described in paragraph (a)﻿(i) to (iii)
5: Sections 149 to 151
6: An authorised aviation security service provider directed under this section must ensure that the direction is complied with.
7: A notice made under subsection (2) see 1990 No 98 s 77A(1), (1A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) 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.
153: Further provisions in relation to direction by Minister
1: Before giving a direction under section 152
a: the Director; and
b: as the Minister in each case considers appropriate and practical, representative groups in the aviation industry.
2: A direction made under section 152
a: considers 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.
3: If a direction takes effect on a date before the notice is published under the Legislation Act 2019, the direction expires 28 days after that date. 1990 No 98 s 77A(2)–(8)
154: Power of Director to require searching and seizing
1: The Director may exercise the power in this section if the Director has reasonable grounds to believe that a security risk exists.
2: The Director may, by notice, direct an authorised aviation security service provider that all or any of the powers conferred on aviation security officers under this subpart be used by its aviation security officers to detect any item or substance specified in the direction.
3: The direction may—
a: direct that the powers be exercised in respect of any class of passenger service, aircraft, aerodrome, navigation installation, or thing, or on any other differential basis specified in the direction:
b: direct that the powers be exercised at a particular place or particular places at an aerodrome or navigation installation (within any limits as to places in section 141
c: provide that the Director may direct that aviation security officers not carry out the direction in relation to a particular flight or in other particular circumstances if the Director considers that searching is not necessary in that case or in those circumstances.
4: If the direction specifies an item or a substance that is not within the meaning of paragraph (a) or (b) section 133
a: specify the item or substance with reference to—
i: the item or substance being present in, above, or below a particular quantity; or
ii: the item or substance being in particular packaging; or
iii: any other circumstance; or
b: specify the item or substance but provide that the Director may further determine the matters described in paragraph (a)﻿(i) to (iii)
5: Sections 149 to 151
6: An authorised aviation security service provider directed under this section must ensure that the direction is complied with.
7: A notice made under subsection (2) see 1990 No 98 s 77B(1), (1A) 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) 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.
155: Further provisions in relation to direction by Director
1: Before giving a direction under section 154
2: A direction made under section 154
a: considers that urgent action is required; and
b: has notified all affected parties (other than persons boarding an aircraft) before that date.
3: If a direction takes effect on a date before the notice is published under the Legislation Act 2019, the direction expires 28 days after that date. 1990 No 98 s 77B(2)–(7) Other rights and powers of aviation security officers
156: Right of access for aviation security officers
1: 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 the officer’s powers, functions, and duties under this Act.
2: Unless the aviation security officer is accompanied by a constable, the power of entry conferred by subsection (1)
3: Despite subsection (1)
4: Where an aircraft or a vehicle is not being used for commercial purposes, subsection (1) 1990 No 98 s 83
157: Use of aids and devices for searching
Section 12(6) and (7) of the Aviation Crimes Act 1972 applies to searching carried out under section 141
158: Use of dogs
Without limiting section 157
a: conduct searching under this Part:
b: assist with any patrol of a security designated aerodrome or security designated navigation installation:
c: assist the aviation security officer to exercise or perform any other functions and duties under this Act.
159: Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier
1: This section applies if—
a: an item or a substance is identified by an employee of a government agency or carrier of an aircraft; and
b: the item or substance was—
i: taken on board an aircraft at a security designated aerodrome in New Zealand; or
ii: carried on an aircraft that has landed at a security designated aerodrome in New Zealand from any place within or outside New Zealand; and
c: the person referred to in paragraph (a)
2: The person referred to in subsection (1)
3: An aviation security officer may seize and detain the item or substance for the purpose of determining whether the item or substance is dangerous goods and whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.
4: If the aviation security officer determines that the item or substance is dangerous goods and may not lawfully be carried on an aircraft, the aviation security officer may—
a: detain the item or substance until it is dealt with in accordance with paragraphs (b) to (e)
b: dispose of or destroy the item or substance; or
c: deliver the item or substance to a constable; or
d: retain the item or substance if required for investigative or evidential purposes; or
e: return the item or substance to the agency or carrier that identified it or, if practicable, to its owner or the person entitled to possession of it.
5: If the aviation security officer determines that the item or substance is not dangerous goods, the aviation security officer must,—
a: if practicable, return the item or substance to its owner or the person entitled to possession of it; or
b: if it is impracticable to return the item or substance to its owner or the person entitled to possession of it, deliver the item or substance to the agency or carrier that identified it. Aviation Crimes Act 1972
160: Relationship of this subpart to Aviation Crimes Act 1972
Except as provided in this subpart,—
a: nothing in this subpart limits or affects the Aviation Crimes Act 1972; and
b: nothing in the Aviation Crimes Act 1972 limits or affects this subpart. Powers of arrest
161: Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983
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 the officer has reasonable grounds to believe that an offence has been or is being committed by the person against any of the following legislation:
a: sections 3, 4, 5, 5A, and 11 of the Aviation Crimes Act 1972:
b: section 45 of the Arms Act 1983 (which relates to unlawful carriage of firearms, ammunition, or explosives).
2: 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 legislation specified in subsection (1)
i: the person has an item or a substance hidden or in clear view on or about the person’s body that is evidence of an offence against legislation specified in subsection (1)
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.
3: 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 (2)
c: seize an item or a substance under subsection (2)
4: 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.
5: 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 (2)﻿(b)
6: Any person called upon to do so by an aviation security officer is justified in assisting the officer in good faith to arrest any person.
7: An aviation security officer must as soon as may be practicable deliver any person the officer arrests, and any item or substance the officer seizes, to a constable.
8: An aviation security officer may seize an item or a 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 legislation specified in subsection (1) 1990 No 98 s 85
162: Arrest of persons delivered to Police
1: If an aviation security officer delivers a person to a constable under this Part, the constable must accept delivery of the person if the constable has reasonable grounds to suspect the person of an act or omission that is an offence against section 166 section 161(1)
2: A constable who accepts delivery of a person under subsection (1)
3: An aviation security officer who detains any person in accordance with section 123(4) 1990 No 98 s 86 Powers of Police under this Act
163: Powers of Police
Every constable has and may exercise all or any of the powers conferred on an aviation security officer under civil aviation legislation. 1990 No 98 s 87 Powers of members of Armed Forces when providing aviation security services
164: Powers of members of Armed Forces when providing aviation security services
1: This section applies to a member of the Armed Forces who has been authorised under section 9 of the Defence Act 1990 to provide aviation security services.
2: When providing aviation security services, the member of the Armed Forces has and may exercise all or any of the powers conferred on an aviation security officer under civil aviation legislation. Protection of aviation security officers
165: Protection of aviation security officers
An aviation security officer is not subject to personal liability in respect of any act done under sections 149 to 151 1990 No 98 s 80I
3: Aviation security offences
166: Refusal to give particulars or to leave airside security area or security enhanced area
1: A person commits an offence if, on being found in an airside security area or security enhanced area, the person—
a: refuses to state the person’s name, address, and date of birth and the purpose of the person’s presence in, and their authority to enter, the airside security area or security enhanced area after—
i: having been informed that the person is in an airside security area or security enhanced area; and
ii: having been requested by an authorised security person to state those particulars; or
b: refuses to leave the airside security area or security enhanced area immediately after being ordered by an authorised security person to do so.
2: A person who commits an offence against subsection (1)
a: an airside security area is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or both:
b: a security enhanced area is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000, or both. 1990 No 98 s 54
167: Being present in security area without being searched or when not authorised
1: A person commits an infringement offence if—
a: the person—
i: is present in an airside security area; and
ii: is required under subpart 2
iii: has not been searched as required; or
b: the person is present in an airside security area or security enhanced area in breach of section 122
2: A person commits an infringement offence if the person—
a: is present in a landside security area; and
b: is required under subpart 2
c: has not been searched as required.
3: A person who commits an infringement offence against this section is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $2,500.
168: Offence to impersonate aviation security officer
1: A person who is not an aviation security officer but, by words, conduct, demeanour, or the assumption of the dress, name, designation, or description of an aviation security officer, holds themselves out as being an aviation security officer commits an offence.
2: A person who commits an offence against subsection (1) 1990 No 98 s 55(1)﻿(a)
169: Offence to obstruct aviation security officer or authorised security person
1: A person who wilfully obstructs, or incites or encourages any person to obstruct, an aviation security officer or an authorised security person in the execution of the person’s duty commits an offence.
2: A person who commits an offence against subsection (1) 1990 No 98 s 55(1)﻿(b)
170: Threatening or assaulting aviation security officer or authorised security person
1: A person who threatens or assaults an aviation security officer or an authorised security person acting in the execution of their duty commits an offence.
2: A person who commits an offence against subsection (1)
171: Obstruction or interference with aviation security dog
1: A person commits an offence if the person—
a: intentionally interferes with an aviation security dog; or
b: does any act with the intention of impairing the effectiveness of an aviation security dog.
2: A person who commits an offence against subsection (1)
172: Killing or injuring aviation security dog
1: A person who, without lawful authority or reasonable excuse, and intentionally, kills, maims, wounds, or otherwise injures an aviation security dog commits an offence.
2: A person who commits an offence against subsection (1)
173: Security check offences
1: A person commits an offence if the person, in relation to a security check of the person under section 126
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: A person who commits an offence against subsection (1) 1990 No 98 s 56A
6: International aviation
1: International air services licensing
174: Interpretation in this Part
In this Part, unless the context otherwise requires,— capacity
a: number of aircraft:
b: types of aircraft:
c: number of seats:
d: volume or weight of cargo:
e: any other differential basis class 1 non-scheduled commercial international flight class 2 non-scheduled commercial international flight foreign international airline
a: is offering or operating a scheduled international air service; or
b: intends to offer or operate a scheduled international air service licensee licensing authority section 178 New Zealand international airline
a: is designated, or seeking to be designated, as an airline that is entitled to offer air transport services as a New Zealand airline under an air services agreement (or similar arrangement) between New Zealand and any other country or territory; or
b: has its principal place of business in New Zealand and is operating, or seeking to operate, a scheduled international air service under the single aviation market arrangements set out in the air services agreement in force between New Zealand and Australia non-scheduled commercial international flight
a: is offered otherwise than under an international air services licence; and
b: is engaged in the carriage of passengers, cargo, or mail for remuneration or hire between New Zealand and 1 or more points in any other country or territory restricted scheduled international air service scheduled international air service
a: if a particular series of flights has been determined under section 175
b: in relation to a New Zealand international airline, includes a seventh freedom service seventh freedom service
a: the airline is designated by New Zealand as a seventh freedom service 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. 1990 No 98 s 87A Licensing authority may determine that service is scheduled international air service
175: Licensing authority may determine whether service is scheduled international air service
1: The licensing authority may determine in a particular case that a series of flights performed by aircraft between New Zealand and 1 or more points in any other country or territory is a scheduled international air service.
2: In making a determination, the licensing authority may take into account—
a: the substantive nature of the flights; and
b: the manner in which the flights are operated, including the regularity and frequency of the flights; and
c: the manner in which the flights are open to use by members of the public.
3: In this section, licensing authority
a: where the determination is made as part of considering an application for a licence under this subpart, the licensing authority that is considering the application; and
b: in any other case, the person who would in accordance with section 178 Licence-related provisions
176: Licence for scheduled international air service
1: A person who wishes to carry on in New Zealand any scheduled international air service must apply, in accordance with this Act, for a scheduled international air service licence.
2: Any scheduled international air service in New Zealand must be conducted—
a: in accordance with civil aviation legislation; and
b: in conformity with the terms and conditions of the appropriate licence. 1990 No 98 s 87B
177: Application for licence
An application for a licence under this Part must—
a: be made to the Ministry; and
b: be in the form (if any) that the Secretary requires; and
c: include the information and documents—
i: as may be required by the regulations; or
ii: that are specified by the Secretary. 1990 No 98 s 87C
178: Licensing authority
1: The licensing authority for the grant of scheduled international air service licences is—
a: the Minister, if the applicant is—
i: a New Zealand international airline, and the application relates to a restricted scheduled international air service; or
ii: a foreign international airline of a country or territory with which New Zealand does not have an air services agreement (or similar arrangement); or
b: the Secretary, in all other cases.
2: The licensing authority is responsible for—
a: determining applications for scheduled international air service licences, taking into account the matters specified in section 180
b: exercising jurisdiction in respect of scheduled international air service licences in accordance with this Part. 1990 No 98 ss 87D, 87L
179: Notice of application for restricted scheduled international air service
If an application relating to a restricted scheduled international air service is made by a New Zealand international airline in accordance with section 177
a: give notice on the Ministry’s Internet site of the receipt of the application; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application. 1990 No 98 s 87E
180: Consideration of application for scheduled international air service licence
1: In considering and determining any application for a scheduled international air service licence, the licensing authority—
a: must take into account the following matters:
i: the main and additional purposes of this Act:
ii: any relevant international agreement, convention, or arrangement to which New Zealand is a party:
iii: in relation to an application for a restricted scheduled international air service licence made by a New Zealand international airline, any written representations received by the Secretary in relation to the application in accordance with section 179(b)
b: may take into account any other matter that the licensing authority thinks fit in the public interest.
2: If the granting of a licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)﻿(a)﻿(ii) 1990 No 98 ss 87F, 87M
181: Grant of licence
1: The licensing authority, after considering the application in accordance with section 180
a: refuse it; or
b: grant it (either in whole or in part)—
i: unconditionally; or
ii: subject to conditions that the licensing authority thinks relevant.
2: The scheduled international air service licence may be in a form that the licensing authority thinks fit.
3: Without limiting subsection (1)
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 before which the service must commence.
4: If the licensing authority grants a licence, the Ministry must give notice in the Gazette 1990 No 98 ss 87G, 87N
182: Duration of licence
1: A licence granted under section 181
a: takes effect on the date stated in the licence; and
b: may be granted—
i: for a term that the licensing authority considers appropriate in the particular case; and
ii: for an indefinite term, if the licensing authority thinks fit.
2: A licence, subject to subsection (3)
a: an application is made under section 183
b: the application is not disposed of before the date of expiry of the licence.
3: If subsection (2) 1990 No 98 ss 87H, 87O
183: Renewal of licence
1: The licensing authority may renew a licence granted under section 181
2: An application for the renewal of a licence granted under section 181
a: be lodged with the Ministry not less than 1 month before the date on which the licence expires; or
b: be lodged with the Ministry not less than 3 months before the date on which the licence expires, if the licence includes a restricted scheduled international air service for a New Zealand international airline.
3: If the licence includes a restricted scheduled international air service for a New Zealand international airline, the Secretary must—
a: publish a notice of the application for renewal of a licence; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application.
4: The licensing authority must consider and determine an application for renewal of a licence in accordance with the requirements of section 180(1)﻿(a) and (b)
5: A licence renewed under this section—
a: takes effect from the date of the expiry of the licence for which the renewal is granted; and
b: may be granted—
i: for a term that the licensing authority considers appropriate in the particular case; and
ii: for an indefinite term, if the licensing authority thinks fit. 1990 No 98 ss 87I, 87P
184: Variation of terms and conditions of licence
1: The licensing authority may do any of the things specified in subsection (2) section 181
a: if the scheduled international air service licence is in force; and
b: on—
i: the licensing authority’s own volition; or
ii: the application of the licensee.
2: The things referred to in subsection (1)
a: amend any of the terms and conditions of the licence:
b: revoke any of the terms and conditions of the licence:
c: add any new terms or conditions to the licence.
3: If the licensing authority intends to exercise the power under subsection (1)﻿(b)﻿(i)
a: if the proposed variation relates to, or involves, a restricted scheduled international air service, the authority must give not less than 21 days’ notice in writing:
b: in any other case, the authority must give not less than 21 days’ notice in writing unless the licensee and the licensing authority agree on a shorter period.
4: If the proposed variation relates to, or involves, a restricted scheduled international air service, the licensing authority must—
a: give public notice of the licensing authority’s intention to consider exercising a power under this section, if any proposed variation involves—
i: a change or an addition to the route or routes to be operated; or
ii: an increase in the capacity of the service to be provided; and
b: specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person regarding the proposed variation.
5: The licensing authority must consider and determine an application under this section in accordance with the requirements of section 180(1)﻿(a) and (b)
6: If the licensing authority varies the terms or conditions of a licence that relates to, or includes, a restricted scheduled international air service, the licensing authority must give notice in the Gazette 1990 No 98 ss 87J, 87Q
185: Holder of licence may operate non-scheduled international flights without authorisation under section 189
If a person holds a licence under this subpart, the person is entitled to carry on specified non-scheduled commercial international flights, without authorisation under section 189 1990 No 98 s 87Z Requirements on licensees
186: Proof of insurance against liability
1: The licensing authority may ask an applicant or a licensee (as the case may be) to provide proof of insurance against liability that may arise out of, or in connection with, the operation of the service in respect of—
a: the death of, or bodily injury to, any person; and
b: the loss of, or damage to, any property.
2: The licensing authority may exercise the power in this section at 1 or more of the following times:
a: before granting a licence:
b: before renewing a licence:
c: at any other time while the licence is in force.
3: If the licensing authority exercises the power under this section, the applicant or licensee must provide the proof of insurance to the licensing authority’s satisfaction within any reasonable time that is specified by the licensing authority. 1990 No 98 s 87ZA
187: Returns to be made
1: The Secretary may, by notice in writing to a relevant person, require the relevant person to make—
a: financial and statistical returns and statements as at specific dates, or in relation to specified periods, or on the occurrence of specified events, including on an ongoing basis; or
b: financial and statistical returns and statements that the Secretary requires from time to time.
2: The relevant person must provide the Secretary with financial and statistical returns and statements to the Secretary’s satisfaction within any reasonable time that is specified by the Secretary.
3: In this section, relevant person
a: a scheduled international air service under a licence; or
b: a class 1 non-scheduled commercial international flight. 1990 No 98 s 87ZB Suspension and revocation of licences
188: Suspension and revocation of licences
The Minister may suspend a licence granted under this Part for a period that the Minister thinks fit, or revoke a licence granted under this Part, if—
a: the licensee has failed to comply with any civil aviation legislation; or
b: the service authorised by the licence is not commenced on the date specified in the licence; or
c: the Minister is satisfied that the service authorised by the licence has not been or is not being carried on in conformity with the terms and conditions of the licence; or
d: the service authorised by the licence has been terminated; or
e: the licence—
i: 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 or territory; and
ii: that convention, agreement, or arrangement has been terminated or has ceased to bind or apply to the Government of New Zealand or the Government of that other country or territory; or
f: the licence—
i: has been granted under, or in accordance with, any convention, agreement, or arrangement referred to in paragraph (e)﻿(i)
ii: circumstances have occurred, or any condition has been fulfilled, following which 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. 1990 No 98 ss 87ZC, 87ZD Class 1 non-scheduled commercial international flights
189: Class 1 non-scheduled commercial international flights must be authorised by Secretary
1: This section applies to class 1 non-scheduled commercial international flights between—
a: New Zealand; and
b: 1 or more points in any other country or territory.
2: No person may operate a class 1 non-scheduled commercial international flight referred to in subsection (1)
3: The Secretary must not authorise a series of non-scheduled commercial international flights under this section—
a: if the effect of authorisation would circumvent any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country or territory; and
b: unless the flights have all other necessary approvals to operate.
4: Nothing in subsections (1) to (3)
5: This section is subject to section 185 1990 No 98 s 87ZE Miscellaneous provisions
190: Additional requirements of regulations and rules
No aircraft is exempt from the operation of any regulation or rules made under this Act only because it is being used in connection with—
a: a scheduled international air service under a licence granted under this Part; or
b: a non-scheduled commercial international flight. 1990 No 98 s 87ZF
191: This subpart not in force in Tokelau
1: This subpart is not in force in Tokelau.
2: However, regulations may be made under section 4 of the Tokelau Act 1948 bringing this subpart, with or without modifications, into force in Tokelau. 1990 No 98 s 87ZG Offences
192: Carrying on scheduled international air service without licence or contrary to licence
1: A person commits an offence if the person—
a: carries on a scheduled international air service in New Zealand without a licence granted under this subpart; or
b: is the holder of a licence granted under this subpart, and carries on a scheduled international air service in New Zealand in a manner contrary to the terms and conditions of the licence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 49A
193: Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
1: A person commits an offence if the person—
a: operates a non-scheduled commercial international flight to which section 189
b: is the holder of a licence under this subpart and carries on a non-scheduled commercial international flight in a manner contrary to the terms and conditions of the licence.
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 49B
2: International air carriage competition
194: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— capacity section 174 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: that is expressed to apply—
i: to 1 or more specified airlines; or
ii: to all airlines other than 1 or more specified airlines; or
iii: to all airlines; and
b: that specifies—
i: the fares, rates, and charges applicable to international carriage by air between specified points (irrespective of whether direct, indirect, or involving any stopovers) that may, at any time, be provided by the airlines to which it is expressed to apply; and
ii: any conditions subject to which the fares, rates, and charges, or any of them, are to apply to international carriage by air between those points; and
iii: any conditions subject to which international carriage by air between those points is to be provided on such fares, rates, and charges. 1990 No 98 s 88(1)
195: When person may apply for authorisation
1: A person may apply to the Minister for an authorisation in accordance with this subpart if—
a: the person is conducting, or intends to conduct, international carriage by air; and
b: the person wishes to—
i: enter into a contract or an arrangement, or arrive at an understanding, where all parties to the contract, arrangement, or understanding are, or will be, conducting international carriage by air in co-operation with each other; or
ii: give effect to a provision of a contract or an arrangement or understanding where all parties to the contract, arrangement, or understanding are, or will be, conducting international carriage by air in co-operation with each other; and
c: the person considers that—
i: the contract, arrangement, or understanding would, or might, contravene section 27 of the Commerce Act 1986; or
ii: the contract, arrangement, or understanding would, or might, contravene section 30 of the Commerce Act 1986 and section 31 of that Act does not apply to the contract, arrangement, or understanding.
2: The application must be made in any form and manner required by the Minister.
3: This section is subject to section 204
196: Actions following receipt of application for authorisation
1: If the Minister receives a properly completed application for authorisation in accordance with section 195
a: give public notice of—
i: the Minister’s intention to consider exercising the power to grant an authorisation; and
ii: the details of the application for authorisation as the Minister thinks fit; and
b: specify in the notice a reasonable time within which the Minister will receive written representations from any person regarding the application for authorisation.
2: In relation to any application, the Minister may consult with any person who, in the Minister’s opinion, is able to assist the Minister to determine the application.
197: Further provisions relating to application for authorisation
1: On receipt of an application for authorisation that is incomplete, not in accordance with any other requirements of the Minister, or not accompanied by the prescribed fee, the Minister may, at the Minister’s discretion,—
a: accept the application and do the things referred to in section 196(1)
b: return the application to the person by or on whose behalf it was made; or
c: decline to register the application until the application is completed in accordance with section 195(2)
2: If the Minister declines to register an application under subsection (1)﻿(c)
3: The Minister may require the following persons to provide, and those persons must provide, within the time the Minister specifies, further documents or information in relation to the application for authorisation for the purpose of enabling the Minister to exercise the Minister’s functions under this subpart:
a: the person making the application:
b: any person on whose behalf the application was made:
c: any person to whom the application relates.
4: Despite section 196(1) subsection (3)
5: Any person who has applied to the Minister for an authorisation may, at any time, by notice in writing to the Ministry, withdraw the application.
198: Powers of Minister to prohibit disclosure of information, documents, and evidence
1: The Minister may, in relation to any application for authorisation, make an order prohibiting—
a: the publication or communication of all or any information, document, and evidence which is given to, or obtained by, the Ministry under this subpart:
b: the giving of any evidence involving any information, document, or evidence referred to in paragraph (a)
2: An order may be expressed to have effect for the period specified in the order.
3: However, no order has effect,—
a: if the order was made in connection with any application for authorisation, after the expiry of 20 working days from the date on which the Minister makes a final determination in respect of that application; or
b: if the application is withdrawn before the Minister makes a final determination, after the date on which the application is withdrawn.
4: On the expiry of an order, the Official Information Act 1982 applies in respect of any information, document, or evidence that was the subject of that order.
5: A person who, contrary to an order, publishes or communicates any information, document, or evidence that was the subject of that order commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $7,500:
b: in the case of any other person, to a fine not exceeding $25,000. 1986 No 5 s 100
199: Minister may authorise international carriage by air
1: The Minister may, in relation to an application for an authorisation under this subpart, authorise a provision or provisions of a contract, an arrangement, or an understanding where—
a: all parties to the contract, arrangement, or understanding are conducting international carriage by air in co-operation with each other; and
b: the provision or provisions relate to—
i: a specified activity carried out for the purposes of the co-operation; or
ii: an activity that is ancillary to a specified activity and that is reasonably necessary for the purpose of the co-operation.
2: The Minister may grant an authorisation if the Minister is satisfied that—
a: granting the authorisation will contribute to the main purpose or any of the additional purposes of this Act; and
b: giving effect to the provisions of the contract, arrangement, or understanding to which the application relates will in all the circumstances result, or be likely to result, in a benefit to the public that would outweigh any lessening in competition that would result, or would be likely to result, from those provisions.
3: When granting an authorisation, the Minister must—
a: specify the duration of the authorisation:
b: specify any conditions that apply to the authorisation.
4: In subsection (1) specified activity
a: the scheduling, capacity, or frequency of services:
b: the fixing of tariffs:
c: the conditions and benefits associated with tariffs:
d: frequent flyer schemes:
e: lounge access and other preferential services:
f: revenue sharing or profit sharing, or both. 1990 No 98 s 88(2), (4)
200: Minister must notify proposed decision to grant or decline authorisation
If the Minister intends to grant or decline an application for authorisation, the Minister must—
a: give public notice of the Minister’s intention to grant or decline the application; and
b: specify a time within which the Minister will receive written representations from any person regarding the proposed decision to grant or decline the authorisation.
201: Minister must notify final decision to grant or decline authorisation
After the Minister makes a final decision to grant or decline an authorisation, the Minister must give public notice of that final decision with the Minister’s reasons for the decision.
202: Further powers of Minister in relation to authorisations
1: The Minister may take 1 or more of the following actions in accordance with this section:
a: vary the duration of an authorisation (even if the duration to be varied is stated as indefinite):
b: vary or revoke the conditions that apply to an authorisation or specify new conditions:
c: revoke an authorisation.
2: The Minister may take an action under subsection (1)
a: the authorisation was given on information that was false or misleading in a material particular; or
b: there has been a material change of circumstance; or
c: a condition upon which the authorisation was granted has not been complied with.
3: The Minister must not take an action under subsection (1)
a: has given the person to whom the authorisation was given, and any other person who in the opinion of the Minister is likely to have an interest in the matter, a reasonable opportunity to make submissions to the Minister; and
b: has had regard to those submissions.
203: Authorisation of tariffs by Minister in specified circumstances
1: The Minister may authorise any tariff in respect of international carriage by air in the circumstances in subsection (2)
2: The circumstances are—
a: that the relevant places of departure and destination in relation to the international carriage by air are within the territories of 2 countries, one of which is New Zealand (irrespective of whether there is to be a break in the carriage or a transhipment); and
b: that an agreement, an arrangement, or an understanding contains a provision that requires the tariff to be subject to an authorisation by the Minister. 1990 No 98 s 90(1)
204: Application of Commerce Act 1986
1: Nothing in sections 27, 30, and 30C to 33 of the Commerce Act 1986 applies to, or in respect of,—
a: the negotiation or conclusion of any contract, arrangement, or understanding—
i: if, and to the extent that, it contains a provision relating to international carriage by air; and
ii: if, and only if, that provision is not given effect to before its authorisation under section 199
b: any provision of a contract, an arrangement, or an understanding relating to international carriage by air if, and only if, it is not given effect to before its authorisation under section 199
2: Every authorisation by the Minister under section 199 1990 No 98 s 91
3: Carbon offsetting and reduction scheme for international aviation (CORSIA)
205: Interpretation
1: In this subpart, unless the context otherwise requires,— accredited verification body attributed flight
a: means a flight attributed to an eligible New Zealand operator in accordance with the regulations; but
b: does not include any flight that is an excluded flight eligible unit excluded flight
a: is principally for medical, firefighting, humanitarian, or search and rescue purposes; or
b: is conducted on behalf of the New Zealand Government for non-commercial purposes in the exercise of New Zealand’s functions or duties as a sovereign State New Zealand operator
a: has a registered place of business in New Zealand; and
b: operates an air transport service offering air transport services to 1 or more places outside New Zealand as a New Zealand airline regulations section 409 reporting period
2: A person is an eligible New Zealand operator
a: is a New Zealand operator; and
b: in the previous calendar year produced from its attributed flights annual emissions of greater than an amount prescribed by the regulations.
3: A person is a new entrant
a: the person meets the criteria specified in subsection (2)﻿(a) and (b)
b: the activity in respect of which the person meets those criteria is not in whole or in part a continuation of an activity previously performed by another person.
206: Eligible New Zealand operator must provide contact details
1: An eligible New Zealand operator must ensure that it provides to the Secretary all contact details required by the Secretary for the purpose of this subpart.
2: The eligible New Zealand operator must promptly notify the Secretary of any changes to the contact details required by the Secretary under subsection (1)
207: Emissions monitoring plan
1: An eligible New Zealand operator must develop, implement, and maintain an emissions monitoring plan for monitoring and recording fuel used in attributed flights.
2: An emissions monitoring plan must be approved under subsection (6)
3: No material change to an emissions monitoring plan may be implemented unless it is approved under subsection (6)
4: A draft plan, or a proposed amendment to a plan, must be submitted to the Secretary in accordance with any prescribed requirements.
5: The Secretary may require the operator to provide, and the operator must provide, within the time the Secretary specifies, further documents or information in relation to the plan, or proposed amendment to a plan, that the Secretary considers necessary to make a decision under subsection (6)
6: The Secretary must approve an emissions monitoring plan, or an amendment to a plan, if the Secretary is satisfied that the plan complies, or as proposed to be amended will comply, with the requirements of the regulations.
208: Emissions reports
1: An eligible New Zealand operator must submit emissions reports to the Secretary.
2: Each emissions report must—
a: be submitted by the time specified in the regulations; and
b: meet all other requirements of the regulations; and
c: be verified in accordance with section 212
209: Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report
1: This section applies if an eligible New Zealand operator fails to submit an emissions report to the Secretary under section 208 section 208(2)﻿(a)
2: The Secretary may estimate the operator’s emissions for the relevant reporting period—
a: using the information available to the Secretary; and
b: in accordance with the regulations.
3: The regulations apply with any necessary modifications where the calculation is made under subsection (2)
210: Calculation of offsetting requirements for eligible New Zealand operator
The Secretary must calculate the offsetting requirements for each reporting period for each eligible New Zealand operator in accordance with the regulations and advise the operator of these requirements.
211: Emissions unit cancellation reports
1: An eligible New Zealand operator must submit emissions unit cancellation reports to the Secretary for each reporting period.
2: Each emissions unit cancellation report must—
a: be submitted by the time specified in the regulations; and
b: meet all other requirements of the regulations; and
c: be verified in accordance with section 212
212: Verification of reports
Emissions reports and emissions unit cancellation reports must be verified by an accredited verification body—
a: by the time specified in the regulations; and
b: in accordance with all other requirements of the regulations.
213: Secretary may request emissions information from New Zealand operator
1: This section applies to a person who—
a: is a New Zealand operator; and
b: is not already complying with the other provisions of this subpart as an eligible New Zealand operator.
2: The Secretary may request the emissions information prescribed in the regulations from any person to whom this section applies for the purpose of monitoring whether the person may be required to comply with the other requirements of this subpart.
3: Any emissions information requested under subsection (2)
a: be submitted by the time specified in the regulations or any other time that the Secretary specifies; and
b: meet any other requirements of the regulations.
214: Application of sections 207 to 213 subject to regulations about new entrants
Sections 207 to 213
215: Eligible New Zealand operator may request that information be treated as confidential
1: An eligible New Zealand operator may, when providing any information to the Secretary under this subpart,—
a: state that the operator considers that—
i: the whole or part of the information is confidential; and
ii: public disclosure of the information concerned would harm the operator’s commercial interests; and
b: request that the information be treated as confidential.
2: The eligible New Zealand operator must when making a request under subsection (1)
216: Sharing of information between Secretary and ICAO
1: The Secretary may provide ICAO with any information, or a copy of any document, that—
a: the Secretary holds in relation to the performance or exercise of the Secretary’s functions, duties, or powers under this subpart; and
b: it is necessary or desirable to provide to ICAO for the performance or exercise of the functions, duties, or powers of ICAO under Annex 16, Vol IV of the Convention.
2: If the Secretary determines that any information or document should be treated as confidential, the Secretary must impose reasonable conditions relating to the provision of the information or document, including conditions consistent with Annex 16, Vol IV of the Convention relating to—
a: the publication, storage, and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any document provided.
3: This section applies despite anything to the contrary in any contract, deed, or document.
217: Offences relating to CORSIA
1: A person commits an offence if the person—
a: operates an attributed flight without an emissions monitoring plan contrary to section 207
b: fails to provide an emissions report required under section 208
c: fails to complete the carbon offsetting requirements calculated by the Secretary under section 210
d: fails to provide an emissions unit cancellation report required under section 211
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
7: Airports
1: Interpretation
218: Interpretation in this Part
In this Part and in Schedule 3 accounting period section 5(1) identified aerodrome activity
a: the provision, within a security area of an aerodrome, of—
i: a hangar; or
ii: a facility or service for aircraft refuelling, flight catering, waste disposal, or freight storage; or
iii: a security, customs, or quarantine service for freight:
b: any other activity to enable—
i: aircraft to be serviced or maintained within a security area of the aerodrome; or
ii: freight that is transported (or to be transported) by aircraft to be handled within a security area of the aerodrome:
c: any activity to enable aircraft to land or take off, including the provision of—
i: an aerodrome or part of an aerodrome; or
ii: an air traffic service; or
iii: aerodrome lighting; or
iv: a service to maintain or repair an aerodrome or part of an aerodrome; or
v: a rescue, fire, safety, or environmental hazard control service; or
vi: an aerodrome supervisory or security service:
d: any activity, other than the provision of space for retail activities, in relation to aircraft passengers who are in a security area of an aerodrome, including the provision of—
i: a passenger seating area or thoroughfare or an airbridge; or
ii: a flight information or public address system; or
iii: a facility or service for operating customs, immigration, or quarantine checks or control; or
iv: a facility for collecting duty-free items; or
v: a facility or service for operating aviation security or Police services:
e: any activity in a passenger terminal to enable the check-in of aircraft passengers, including the provision of a baggage handling service:
f: the holding of land, or of any other facility or asset, for an activity under any of paragraphs (a) to (e) in the future (whether or not the land or other facility or asset is used for another purpose in the meantime) joint venture aerodrome lease relevant government agency section 5 space requirement
a: a requirement under section 37
b: a requirement under section 385
c: a requirement under section 70
d: a requirement under the rules to make areas, facilities, or systems available for the provision of aviation security services by AvSec:
e: a requirement under the Health Act 1956 substantial customer section 219 1966 No 51 s 2 s 92
219: Meaning of substantial customer
1: For the purposes of this Part, a person is a substantial customer
2: This subsection applies if the person paid, or was liable to pay, the airport operator an amount—
a: relating to identified aerodrome activities undertaken during the airport operator’s last accounting period; and
b: exceeding 5% of the total revenue paid or payable to the airport operator in relation to identified aerodrome activities undertaken during that period.
3: This subsection applies if the person is authorised in writing to represent, and exercise the powers of a substantial customer under this subpart in relation to, a number of persons and—
a: those persons in aggregate paid, or were liable to pay, the airport operator an amount—
i: relating to identified aerodrome activities undertaken during the airport operator’s last accounting period; and
ii: exceeding 5% of the total revenue paid or payable to the airport operator in relation to identified aerodrome activities undertaken during that period; and
b: the person has provided the airport operator with a copy of the authorisations for inspection. 1966 No 51 s 2A
2: Airport operators
220: Secretary must maintain register of airport operators and airports
1: The Secretary must maintain a register of airport operators on the Ministry’s Internet site in accordance with prescribed requirements (if any).
2: The register must state, for each airport operator,—
a: the aerodrome and any other area that the registration of the operator under section 222
b: the name of the operator; and
c: when the operator was registered; and
d: if the registration has been suspended or cancelled, that fact and the date on which the suspension or cancellation took effect; and
e: any space requirements that apply in relation to the airport operator; and
f: whether a regulatory airport spatial undertaking has been accepted under section 243
g: any other prescribed information.
3: The Secretary may include in the register any other information that the Secretary thinks fit.
4: The Secretary must update the register if the Secretary becomes aware that there is a change or error in the information on the register (for example, a change in the name of an airport operator).
221: Applications for registration
1: The operator of an aerodrome, or the proposed operator of an aerodrome not yet in operation, in which there is or will be a space requirement must apply to the Secretary to be registered in relation to the aerodrome.
2: The operator of any other aerodrome, or the proposed operator of any other aerodrome not yet in operation, may apply to the Secretary to be registered in relation to the aerodrome.
3: An application under this section may be made by 2 or more people acting jointly as the operator or proposed operator.
4: An application under this section must be made in the manner specified by the Secretary on the Ministry’s Internet site.
5: The applicant must provide the Secretary with the information required by the Secretary to assist in determining the application. 1966 No 51 s 3
222: When aerodrome operator may or must be registered
1: After receiving an application under section 221
a: the persons or representatives of the persons the Secretary considers will be substantially affected by the registration have been consulted; and
b: registering the operator in relation to the aerodrome is consistent with the main and additional purposes of this Act; and
c: there is no reason to believe that the applicant will not comply with their airport operator obligations.
2: The notice to the applicant under subsection (1) must specify the area covered by the registration.
3: That area—
a: must include the aerodrome; and
b: may include any other area that the Secretary is satisfied is being used, or held for future use, for the purposes of the airport.
223: Area covered by registration may be varied
1: An airport operator may apply to the Secretary for the area covered by a registration notified to it under section 222
2: After receiving an application under subsection (1), the Secretary must vary the area by amending the register, and must provide written notice of the variation to the airport operator, if satisfied that—
a: the persons or representatives of the persons the Secretary considers will be substantially affected by the variation have been consulted; and
b: making the variation is consistent with the main and additional purposes of this Act; and
c: there is no reason to believe that, as a result of the variation, the airport operator will not comply with their airport operator obligations.
3: The notice under subsection (2) must specify the area as varied that is covered by the registration.
224: Registration may cover 2 or more airports
1: The same registration may cover 2 or more airports.
2: In that case,—
a: a reference in this Act to the airport covered by the registration is taken instead to be a reference to each of the airports severally; and
b: the decision to add another airport to a registration must be made on the same basis as a decision to register the airport operator under section 222
c: the registration may be suspended or cancelled in respect of 1 of those airports as if the airport operator were separately registered in relation to each airport; and
d: a reference in this Act to a registration being issued, suspended, or cancelled is to be taken to be a reference to the registration being issued, added to, suspended, or cancelled, in relation to 1 or more of those airports.
225: Secretary may suspend or cancel registration
1: The Secretary may, by written notice to the airport operator, suspend (for a specified period or until a specified requirement is met) or cancel a registration under section 222
a: the airport operator, by written notice, requests the Secretary to do so; or
b: the Secretary is satisfied that—
i: the airport operator is not carrying on the business or undertaking of operating the airport (for example, due to insolvency); or
ii: the airport operator does not hold an aviation document that, under the rules, is required to operate the airport.
2: Despite subsection (1), the registration of an airport operator that has space requirements must not be cancelled unless a new airport operator is first registered for the airport.
3: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453
226: Airport to be operated commercially
1: An airport operated by an airport operator must be operated as a commercial undertaking unless—
a: the airport operator—
i: is a local authority; and
ii: provides in its planning documents that the airport is not to be operated as a commercial undertaking; or
b: the airport operator is a council-controlled organisation that—
i: provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and
ii: is not a specified airport company; or
c: the airport operator—
i: is a local authority; and
ii: is a shareholder in, a member of, or otherwise forms part of a company or an entity that is a council-controlled organisation that—
A: provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and
B: is not a specified airport company.
2: In this section,— council-controlled organisation section 6(1) and (4) local authority section 5(1) specified airport company section 56A
227: Airport to be Government work
1: For the purposes of the Public Works Act 1981
a: that the Crown is authorised to construct, undertake, establish, manage, operate, or maintain; and
b: for which the Crown is responsible.
2: This section is subject to section 234
228: Acquisition or taking of land for airport
1: This section applies in respect of an airport operated by an airport operator that is not a local authority.
2: The airport operator may apply to the Minister of Lands to have land required for the airport acquired or taken under Part 2
3: The effect of any Proclamation taking land for the purposes of subsection (2) is to vest the land in the airport operator instead of the Crown.
4: Any land held under an enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority, be set apart for the airport in the manner provided in sections 50 52
5: The setting apart of land under subsection (4)—
a: must be on the terms and conditions (including price) that may be agreed between the Crown or local authority and the airport operator; and
b: is not subject to sections 40 41
6: Land set apart as described in subsections (4) and (5) vests in the airport operator.
7: Any claim for compensation under the Public Works Act 1981
8: All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) is recoverable from the airport operator as a debt due to the Crown.
9: For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.
229: Holding and disposal of land
1: This section applies in respect of an airport operated by an airport operator that is not a local authority.
2: The chief executive may lodge a caveat under section 138 section 40(2)
3: It is the chief executive and not the airport operator who must comply with sections 40 41 section 134
4: In this section, chief executive section 4
5: For the purposes of this section,—
a: the rights of persons referred to in subsection (2) are an interest in land for the purposes of section 138
b: in stating that interest, it is sufficient for the caveat to refer to sections 40 to 42
230: Airport operators may set charges
1: An airport operator may set charges for identified aerodrome activities provided, operated, or managed by the airport operator.
2: If the charge is, or is proposed to be, payable by a substantial customer, the airport operator must consult the customer—
a: before fixing or altering the amount of the charge; and
b: within 5 years after fixing or altering the amount of the charge.
3: If the charge is, or is proposed to be, payable by a passenger, the airport operator must consult all of its substantial customers—
a: before fixing or altering the amount of the charge; and
b: within 5 years after fixing or altering the amount of the charge.
4: Despite subsections (2) and (3), the airport operator need not consult a substantial customer under this section if the substantial customer has consented in writing to not being consulted (and has not withdrawn that consent).
5: If the airport operator is a specified airport company as defined in section 56A Part 4
6: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
7: Section 43 Part 2
8: This section does not limit the application of Part 4
9: No charge may be set under this section for the carrying out of an activity for which a charge is payable under regulations made under section 407 415
10: In this section, charge 1966 No 51 ss 4A 4B
231: Airport operators must consult concerning capital expenditure plans
1: This section applies if—
a: an airport operator proposes an item or a programme of identified capital expenditure; and
b: the total of any expenditure for the item or under the programme, and any related capital expenditure, that will or is likely to be incurred by the airport operator by the end of the following 5-year period exceeds the relevant amount.
2: The airport operator must consult all of its substantial customers about the proposed item or programme of identified capital expenditure before approving it.
3: Despite subsection (2), the airport operator need not consult a substantial customer under this section if the substantial customer has consented in writing to not being consulted (and has not withdrawn that consent).
4: If the airport operator is a specified airport company as defined in section 56A Part 4
5: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
6: In this section,— following 5-year period identified capital expenditure related capital expenditure relevant amount The following table is small in size and has 2 columns. Column 1 is headed Annual passenger movements of airport operator. Column 2 is headed Amount. Annual passenger movements of airport operator Amount ($) Less than 1,000,000 5,000,000 1,000,000 or more but not more than 3,000,000 10,000,000 More than 3,000,000 30,000,000 1966 No 51 ss 4C, 9B
232: Airport operators must consult concerning spatial plans
1: This section applies if an airport operator proposes to approve a spatial plan for the airport.
2: Before approving the spatial plan, the airport operator must consult the substantial customers of the operator, and the relevant government agencies, that the operator considers appropriate having regard to the plan’s subject matter.
3: Despite subsection (2), the airport operator need not consult a customer or agency under this section if the customer or agency has consented in writing to not being consulted (and has not withdrawn that consent).
4: A failure by an airport operator to comply with this section does not affect the validity or enforceability of any deed, agreement, right, or obligation entered into, obtained, or incurred by the airport operator.
5: In this section, spatial plan
233: Airport operators may vary leases in certain circumstances
1: This section applies if—
a: an airport operator has leased buildings, installations, or land (or any part of them) within the land that is registered as an airport; and
b: during the term of the lease, the building, installation, or land is required for the purposes of the airport.
2: The airport operator may terminate the lease as to the whole of the property leased or as to so much of it as is required for the purposes of the airport.
3: No action may be brought in any court for the payment of damages or compensation in respect of the termination except an action for the payment of compensation provided for in the lease under subsection (4)
4: A lease referred to in subsection (1) may contain a provision requiring the airport operator to pay the lessee on the termination of the lease under subsection (1) compensation for improvements effected by the lessee during the term of the lease.
5: Compensation for improvements effected by the lessee must be an amount agreed between the parties or, failing agreement, an amount determined by arbitration under the Arbitration Act 1996
6: If the amount of compensation for improvements is submitted for arbitration under the Arbitration Act 1996 1966 No 51 s 6(3)–(6)
234: Application of other Acts to airport subdivisions and laying out of access roads
Parts 8 9 Part 21 section 11 Part 10 1966 No 51 s 6(8)
235: Airport bylaws
1: An airport operator may, in respect of the airport that it operates, make bylaws for all or any of the following purposes:
a: the good rule and management of the airport:
b: more effectively carrying out functions and powers of the airport operator in respect of the airport:
c: protecting property used in connection with the airport from damage or injury:
d: prescribing precautions to be taken to protect people or property from accidents or damage:
e: regulating (other than on a road as defined in section 2(1)
i: traffic, whether pedestrian or vehicular; and
ii: the provision and use of parking places for vehicles at the aerodrome:
f: prescribing the times, terms, and conditions on which the public may enter or be in the airport:
g: providing for facilities to be established and maintained at the airport to receive and store lost property.
2: Bylaws under subsection (1)﻿(g) may provide for—
a: lost property to be sold by auction if it is unclaimed after being held by the airport operator for at least 3 months:
b: publicising, in what the operator considers to be a fair and reasonable manner, the proposed sale of lost property:
c: despite paragraphs (a) and (b), disposing of perishable or valueless lost property in any manner determined by the operator.
3: Bylaws made under subsection (1) may—
a: provide differently for different types of persons, vehicles, roads or other places within the airport, aviation participants, or aviation-related services or on any other differential basis; or
b: provide differently for the same class of person, vehicle, road or other place within the airport, aviation participant, or aviation-related service or any other thing in different circumstances.
4: Bylaws made under subsection (1) are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, the airport operator or any other person or allow the airport operator or any other person to impose requirements as to the performance of any activities.
5: Bylaws made under this section by an airport operator are secondary legislation for the purposes of the Legislation Act 2019 section 161A 1966 No 51 s 9(1), (1A), (2)
236: Consultation
1: Section 156 section 235
2: An airport operator must not make a bylaw under section 235
a: the CAA; and
b: the Secretary; and
c: any government agency operating at the airport to which the content of the proposed bylaw may be relevant; and
d: the Police; and
e: any other person who the airport operator considers may be substantially affected by the proposed bylaw.
3: The airport operator must—
a: give notice in writing to the persons and agencies specified in subsection (2) of the airport operator’s proposal to make, amend, or replace a bylaw; and
b: give those persons and agencies a reasonable time, which must be specified in the notice, to make submissions on the proposal. 1998 No 110 s 22AD
237: Publication and proof of bylaws
1: As soon as practicable after a bylaw is made, the airport operator must give public notice of the making of the bylaw, stating—
a: the date on which the bylaw comes into force; and
b: that copies of the bylaw may be inspected and obtained at the office of the airport operator on payment of a specified amount.
2: An airport operator must—
a: keep copies of all its bylaws at the office of the airport operator; and
b: make the bylaws available at all reasonable times on an Internet site maintained by or on behalf of the airport operator; and
c: supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.
3: The production of any document purporting to contain a printed copy of any bylaw made under section 235 1998 No 110 s 22AE
238: Minister may amend, replace, or disallow bylaws
1: The Minister may amend, replace, or disallow, either wholly or in part, any bylaw made by an airport operator under section 235
a: is inconsistent with any enactment; or
b: is unreasonable or undesirable to the extent that it relates to or may affect traffic.
2: On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.
3: Any disallowance under subsection (1) takes effect either on the day after the notice of disallowance is published under the Legislation Act 2019 see
4: A notice made under this section is secondary legislation ( see Part 3 1998 No 110 s 22AC 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
239: Enforcement of bylaws
1: A person who breaches a bylaw in force under this subpart commits an offence and is liable on conviction to a fine not exceeding $500.
2: If a person commits a continuing breach of a bylaw in force under this subpart, then, despite anything in any other Act, the District Court may, on application by the airport operator, grant an injunction restraining the further continuation of the breach by the person.
3: An injunction may be granted under subsection (2)—
a: even though proceedings for the offence constituted by the breach have not been taken; or
b: if the person is convicted of an offence constituted by the breach,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty imposed for the offence; or
ii: in subsequent proceedings. 1966 No 51 s 9(8)
240: Joint venture aerodromes
The provisions of Schedule 3
3: Regulatory airport spatial undertakings
241: Giving of regulatory airport spatial undertaking by airport operator
1: This section applies if—
a: 1 or more space requirements apply in relation to an airport; or
b: 1 or more relevant government agencies have notified an airport operator that they intend in the future to impose 1 or more space requirements on the airport (and have not withdrawn that notification).
2: The operator must provide the Secretary with a regulatory airport spatial undertaking setting out, to the Secretary’s satisfaction, how the operator will meet the space requirements.
3: A regulatory airport spatial undertaking offered under this section must—
a: specify the space requirements and relevant government agencies concerned; and
b: specify projects, milestones, and implementation time frames to meet the space requirements and the related obligations (if any); and
c: be made in the manner specified by the Secretary; and
d: comply with any prescribed requirements relating to the content, form, timing, and publication of regulatory airport spatial undertakings.
4: An operator giving a regulatory airport spatial undertaking under this section must provide the Secretary with the information required by the Secretary to assist the Secretary in deciding whether the regulatory airport spatial undertaking complies with this section.
242: Consultation and timing requirements
1: An airport operator must make reasonable efforts to obtain the relevant government agencies’ endorsement of a regulatory airport spatial undertaking and consult with substantial customers before providing the undertaking to the Secretary under section 241(2)
2: The agencies—
a: must not unreasonably withhold or delay their endorsement; and
b: must make reasonable efforts to co-ordinate their response.
3: The operator must take all reasonable steps to ensure that the undertaking is given and accepted—
a: before the end of the 9-month period beginning with,—
i: if section 241(1)﻿(a)
ii: if section 241(1)﻿(b)
b: by any other deadline specified by the Governor-General by Order in Council made on the recommendation of the Minister.
4: An Order in Council made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
243: Decision and notification
On receiving the regulatory airport spatial undertaking under section 241
a: accept the undertaking if it meets the requirements of section 241(2) and (3)
b: refer the undertaking back to the operator, specifying any matters that must be addressed before the undertaking is resubmitted.
244: When regulatory airport spatial undertaking is enforceable
A regulatory airport spatial undertaking takes effect and becomes enforceable on the date on which notice of the Secretary’s decision to accept the undertaking is given to the operator who gave the undertaking, or at any later date specified by the Secretary.
245: Review by airport operator of regulatory airport spatial undertaking
1: An airport operator that has given a regulatory airport spatial undertaking that is in effect in accordance with section 244
a: if notified by a relevant government agency that—
i: there has been, or is proposed to be, a significant change to the agency’s space requirements; or
ii: the undertaking does not meet the requirements or no longer meets them; and
b: in any case, at intervals of no more than 5 years.
2: The airport operator must give a copy of a review under subsection (1) to the Secretary.
3: If, as a result of the review, the operator determines, or is notified in writing by the Secretary, that the undertaking no longer meets the requirements of section 241(2) and (3)
4: Sections 241 to 244
246: Compliance with regulatory airport spatial undertaking
An airport operator must not contravene a regulatory airport spatial undertaking that is in effect in accordance with section 244
247: Secretary may make direction orders
1: The Secretary may make an order under this section (a direction order section 244
2: The direction order may—
a: direct the operator to comply with the provision or the undertaking:
b: specify any reasonable steps that the operator must take in order to comply with the provision or undertaking, or to avoid or mitigate any actual or potential adverse effects of a contravention:
c: specify a reasonable period within which the operator must comply with the provision or undertaking:
d: require the operator to report to the Secretary stating how and when the provision or undertaking has been, or will be, complied with.
3: The Secretary may make a direction order under this section only if the Secretary first takes the following steps:
a: give the person to whom the direction order is proposed to be directed written notice—
i: that the Secretary may make a direction order under this section; and
ii: of the reasons why the Secretary is considering exercising that power; and
b: give the notice referred to in paragraph (a) at least 5 working days before the Secretary makes the direction order; and
c: give each person to whom notice of the direction order must be given, or the person’s representative, an opportunity to make written submissions and to be heard on the matter within that notice period.
248: Secretary must give notice of direction orders
If the Secretary makes a direction order under section 247
a: must, as soon as is reasonably practicable, give written notice to the person to whom the direction order is directed of—
i: the terms and conditions of the direction order; and
ii: the reasons for the direction order; and
iii: any other information the Secretary thinks relevant in the circumstances; and
b: may also make the notice or any part of the notice available on its Internet site; and
c: may also give notice to any other person of those matters.
249: Secretary may apply to court if airport operator fails to comply with direction order
1: The Secretary may apply to the District Court for an order under this section if—
a: the Secretary has made a direction order under section 247
b: the Secretary believes that the airport operator has failed to comply with the direction order.
2: If the court is satisfied that the airport operator has failed to comply with the direction order, the court may make the following orders:
a: an order directing the operator to comply with the direction order; and
b: any other order that the court considers appropriate in the circumstances, including orders directing the operator to pay to the Secretary—
i: the costs of the proceedings; and
ii: the reasonable costs of the Secretary in monitoring compliance with the direction order in the future.
3: This section does not prevent proceedings being brought for the contravention or alleged contravention of space requirements to which the regulatory airport spatial undertaking to which the direction order relates.
250: Consequences of failing to comply with direction orders
1: An airport operator must comply with a direction order given to the operator.
2: A person who refuses or fails, without reasonable excuse, to comply with a direction order commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
3: If an airport operator commits an offence against this section, any officer of the operator who participates in, directs, authorises, acquiesces in, or assents to the conduct comprising the offence also commits an offence and is liable on conviction to a fine not exceeding $50,000.
4: Exemptions from requirements of subparts 2 and 3
251: Exemptions from requirements of subparts 2 and 3
1: The Secretary may exempt an airport operator or any class of airport operators from all or any of the requirements of the following:
a: section 230(2) and (3)
b: section 231
c: section 232
d: section 241
e: section 242
f: section 245
2: The Secretary must not grant an exemption under subsection (1) unless the Secretary is satisfied that—
a: the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: the exemption is consistent with the main purpose of the Act; and
c: it is appropriate to grant the exemption after considering—
i: the additional purposes of the Act; and
ii: any other matters that the Secretary considers appropriate in the circumstances.
3: When determining whether to grant an exemption under subsection (1) from section 230(2) or (3) 231 232
a: services of the airport operator are subject to price-quality regulation or negotiate/arbitrate regulation under Part 4
b: consultation in respect of those services has occurred or will occur pursuant to determinations made under Part 4
4: The Secretary may grant an exemption under subsection (1) on any terms and conditions that the Secretary thinks fit.
5: A class exemption is secondary legislation ( see Part 3
6: In this section, class exemption 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
5: Sale of alcohol at international airports
252: 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 for consumption on or off the airport premises if the passenger is of or over the purchase age as defined 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
a: the buyer must not deliver it, and no person may deliver it on behalf of the buyer, to any other person within New Zealand; and
b: no person may consume it within New Zealand.
3: A person commits an offence if the person—
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) (as the case requires); or
b: fails to comply with subsection (2).
4: A person who commits an offence against subsection (3) is liable on conviction to a fine not exceeding $2,500.
5: Nothing in the Sale and Supply of Alcohol Act 2012 section 426 1990 No 98 s 96(1), (2), (4)–(6)
8: International and domestic carriage of passengers and goods by air
1: Additional purpose of Part
253: Additional purpose of Part
1: The purpose of this Part (in addition to those set out in sections 3 4
2: This section does not limit section 3 4
2: International carriage by air
254: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— Additional Protocol
a: that is included in the Warsaw Convention with reference to Article 2 of that Convention; and
b: that appears before the Additional Provisions of the Hague Protocol affecting the Warsaw Convention in the amended Convention, as set out in Schedule 4 Additional Protocol No 1 Additional Protocol No 2 amended Convention
a: that is the Warsaw Convention as amended by the following protocols:
i: the Hague Protocol:
ii: Additional Protocols Nos 1 and 2, and Protocol No 4:
b: the English text of which is set out in Schedule 4 court
a: in relation to an arbitration allowed by the Montreal Convention, the amended Convention, or the Guadalajara Convention, includes an arbitrator; and
b: includes the Disputes Tribunal, except in any matters relating to liability for passenger injury or death Guadalajara Convention
a: which opened for signature at Guadalajara on 18 September 1961:
b: the English text of which is set out in Schedule 5 Hague Protocol High Contracting Party Montreal Convention
a: which opened for signature at Montreal on 28 May 1999:
b: the English text of which is set out in Schedule 6 Protocol No 4 Warsaw Convention 1990 No 98 s 91A
255: 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. 1990 No 98 s 91B
256: Conventions to have force of law
1: This section relates to the Montreal Convention, the amended Convention, and the Guadalajara Convention ( the Conventions
2: The Conventions have the force of law in New Zealand in relation to any carriage by air to which any of the Conventions, as the case may require, applies.
3: However, the Conventions have the force of law in New Zealand only to the extent that they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees, and other persons.
4: The Conventions apply in New Zealand—
a: subject to this subpart; and
b: irrespective of the nationality of the aircraft performing the carriage by air.
5: Each version of Article 22 of the amended Convention set out in Schedule 4 1990 No 98 s 91C
257: Inconsistency between French and English texts
1: If there is any inconsistency between the English text of the amended Convention set out in Schedule 4
2: If there is any inconsistency between the English text of the Guadalajara Convention set out in Schedule 5
3: The Secretary of Foreign Affairs and Trade may give a certificate 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 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. 1990 No 98 s 91D
258: Fatal accidents
References in section 4
a: Article 17(1) of the Montreal Convention; or
b: Article 17 of the amended Convention. 1990 No 98 s 91E
259: Contributory negligence
The provisions of the Contributory Negligence Act 1947
a: Article 20 of the Montreal Convention; or
b: Article 21 of the amended Convention. 1990 No 98 s 91F
260: Limitation of liability
1: The limitations on liability referred to in Articles 21 and 22 of the Montreal Convention or in Article 22 of the amended Convention apply whatever the nature of the proceedings by which liability may be enforced.
2: Without limiting subsection (1),—
a: the limitations on liability apply where proceedings are brought by a person ( person A person B
b: the limitation for each passenger referred to in Article 21 of the Montreal Convention or in paragraph (1) of Article 22 of the amended Convention applies to the aggregate liability of the carrier in—
i: all proceedings that may be brought against the carrier under the law of New Zealand; and
ii: any proceedings brought against the carrier outside New Zealand.
3: A court or the Disputes Tribunal (as relevant) 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 may, at any stage of the proceedings, make any order that appears to the court or the Disputes Tribunal (as relevant) to be just and equitable, in view of—
a: Article 21 or Article 22 of the Montreal Convention or Article 22 of the amended Convention; and
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.
4: A court or the Disputes Tribunal (as relevant) 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.
5: Subsection (4) does not limit the powers conferred on a court or the Disputes Tribunal by subsection (3).
6: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by—
a: Article 25A of the amended Convention; and
b: Articles V and VI of the Guadalajara Convention. 1990 No 98 s 91G
261: Value of special drawing right
1: For the purposes of Article 23 of the Montreal Convention or Article 22 of the amended Convention, the value of 1 special drawing right must be treated as equal to a sum in New Zealand currency that is fixed by the International Monetary Fund as being the equivalent of 1 special drawing right for—
a: the date of judgment; or
b: any other relevant date; or
c: if no sum has been fixed for that date, the last preceding date for which a sum has been 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 fixed for the date most recently preceding a particular date.
3: Any certificate given 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 New Zealand currency.
4: Unless the context otherwise requires, references in this section to Article 22 of the amended Convention are, subject to any necessary modifications, to be read as references to that Article as applied or supplemented by—
a: Article 25A of the amended Convention; and
b: Articles V and VI of the Guadalajara Convention. 1990 No 98 s 91H
262: Time for bringing proceedings
1: No action against a carrier’s servant or agent that 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 the 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 person to obtain a contribution from a carrier—
a: in respect of a tort to which either of the following applies:
i: Article 35 of the Montreal Convention:
ii: Article 29 of the amended Convention; and
b: after the expiry of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution. 1990 No 98 s 91I(1)–(4)
263: Further provisions in relation to time for bringing proceedings
1: The following provisions have effect as if references in those provisions to an action included references to an arbitration:
a: section 262
b: Article 35 of the Montreal Convention:
c: Article 29 of the amended Convention.
2: Subsections (3) and (4) (which determine the time at which an arbitration is deemed to have commenced) apply for the purposes of subsection (1).
3: An arbitration (whether under legislation or under an arbitration agreement) must be treated as being commenced in the same manner as provided in Article 21 of Schedule 1
4: 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.
5: Subsections (2) to (4) do not limit or affect section 39 1990 No 98 s 91I(5)–(9)
264: 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, to enforce a claim in respect of carriage undertaken by that Party, in accordance with—
a: Article 28 of the amended Convention; or
b: Article VIII of the Guadalajara Convention.
3: Rules of court may provide for the manner in which any action is to be commenced and carried on.
4: This section does not—
a: authorise the issue of execution against the property of any High Contracting Party; or
b: apply to any High Contracting Party to the amended Convention that has availed itself of the provisions of the Additional Protocol. 1990 No 98 s 91J
265: 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, to enforce a claim in respect of carriage undertaken by that Party, in accordance with Article 46 of the Montreal Convention.
3: Rules of court may provide for the manner in which any action is to be commenced and carried on.
4: This section does not authorise the issue of execution against the property of any Party to the Montreal Convention. 1990 No 98 s 91JA
266: Designation of Parties
1: The Governor-General may, 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) are respectively parties; or
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.
2: An Order in Council under this section is sufficient evidence of the matters certified in it.
3: An Order in Council under this section may contain transitional and other consequential provisions that the Governor-General considers to be desirable.
4: An Order in Council certifying the identity of Parties under subsection (1)﻿(a) must specify the date on and from which any Party became or ceased to be a Party.
5: An Order in Council made under this section is secondary legislation ( see Part 3 1990 No 98 s 91K 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
267: 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. 1990 No 98 s 91L
268: Power to exclude aircraft in use for military purposes
1: The Governor-General may, 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 does not apply to the carriage of persons, cargo, and baggage for the military authorities of a State to which this subsection applies if—
a: the carriage is undertaken in aircraft registered in that State; and
b: the whole capacity of the aircraft has been reserved by, or on behalf of, those authorities.
3: An Order in Council made under this section is secondary legislation ( see Part 3 1990 No 98 s 91M 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Domestic carriage by air
269: Interpretation in this subpart
1: In this subpart, 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 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 court passenger
a: assigned by the carrier for duty as a member of the crew of the aircraft; or
b: carried for the sole purpose of receiving or giving instruction in the control or navigation of an aircraft 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 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. 1990 No 98 s 91U
270: Application of this subpart
1: This subpart applies to any carriage by air (other than international carriage described in subsection (3)) 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 the aircraft in which the carriage takes place is at the same time engaged in the international carriage described in subsection (3).
3: The international carriage referred to in subsections (1) and (2) is carriage in which, according to the contract between the parties, the place of departure and the place of destination, whether or not there is a break in the carriage or a transhipment, are—
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.
4: This section applies subject to section 272 1990 No 98 s 91V
271: 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 subpart applies only to the carriage by air. 1990 No 98 s 91ZM
272: Exclusions
This subpart does not apply to—
a: 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; or
b: any other types of flights that are excluded from the application of this subpart by the regulations. 1990 No 98 s 91W
273: Provisions if carriage performed by actual carrier
If the whole or any part of any carriage to which this subpart applies is performed by an actual carrier,—
a: both the contracting carrier and the actual carrier are subject to any liability imposed by this subpart 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: any special agreement under which the contracting carrier assumes obligations not imposed by this subpart, or any waiver of rights conferred by this subpart, does not affect the actual carrier unless agreed to by the actual carrier. 1990 No 98 s 91X
274: Liability of carrier in respect of delay
1: A carrier is liable under this section 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.
3: This section does not limit or affect the liability of a carrier under any other enactment or rule of law. 1990 No 98 s 91Z
275: 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. 1990 No 98 s 91Y
276: Avoidance of liability
The carrier is not liable under this subpart if the carrier proves that—
a: the carrier, or the carrier’s servants or agents, took all necessary measures to avoid the damage; or
b: it was not possible for the carrier, or the carrier’s servants or agents, to take those measures. 1990 No 98 s 91ZA
277: 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; and
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 subpart does not affect any rule of law relating to remoteness of damage. 1990 No 98 s 91ZC
278: Contracting out
1: The provisions of this subpart have effect despite anything to the contrary in any contract or in any bylaws made by a carrier purporting to relieve the carrier of liability.
2: A provision of a contract of carriage or any bylaw that has the effect of overriding or limiting a carrier’s liability under this subpart (whether directly or indirectly) is unenforceable.
3: Subsections (1) and (2) are subject to subsection (4).
4: Nothing in subsection (1) or (2) applies in respect of a provision that—
a: imposes a stricter duty on the carrier than would be imposed under this subpart; or
b: provides a more advantageous remedy against the carrier than would be provided under this subpart. 1986 No 121 s 5C s 91ZD
279: Wilful or reckless misconduct
The limits of liability referred to in section 277
a: with intent to cause damage; or
b: recklessly as to whether damage would result. 1990 No 98 s 91ZE(1)
280: Just and equitable orders and awards
1: In proceedings to enforce a liability that is limited by this subpart, a court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable in view of—
a: this subpart; 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), the court 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. 1990 No 98 s 91ZI
281: Application of limitation on liability
1: The limitations on liability referred to in section 277
a: a person ( person A person B
b: person B is the carrier, or a servant or an agent of the carrier.
2: Person A must not bring proceedings referred to in subsection (1) to obtain a contribution from person B later than 2 years after the time when judgment is obtained against person A.
3: This subpart does not affect proceedings brought against any person other than the carrier, or servant or agent of the carrier. 1990 No 98 s 91ZJ
282: Relationship between carriers
This subpart 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. 1990 No 98 s 91K
283: Limitation of actions
1: An action must not be brought under this subpart against a carrier later than 2 years after the later of the following dates:
a: the date on which the aircraft arrived at the destination:
b: if the aircraft did not arrive at the destination,—
i: the date on which the aircraft 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 any conditions that the court thinks just to impose.
5: This section applies subject to section 281 1990 No 98 s 91ZL
9: Monitoring, investigation, and enforcement
1: Powers of entry and inspection
284: Powers of entry and inspection
1: Subject to section 285
a: conduct examinations, tests, inquiries, and inspections:
b: be accompanied and assisted by any other person, and bring into the aviation place any equipment necessary, to carry out the inspector’s functions:
c: take photographs and measurements and make sketches and recordings:
d: require the aviation participant or a person who is or appears to be in charge of the aviation place to ensure that the aviation place or any place or thing in the aviation place specified by the inspector is not disturbed for a reasonable period pending examination, testing, inquiry, or inspection:
e: require the aviation participant or a person who is or appears to be in charge of the aviation place to—
i: produce information relating to the aviation place, the activities carried out there, or the people who carry out those activities; and
ii: produce information relating to the aviation participant’s compliance with relevant civil aviation legislation; and
iii: permit the inspector to examine and make copies of, or take extracts from, the information:
f: require the aviation participant or a person who is or appears to be in charge of the aviation place to make or provide statements, in any form and manner that the inspector specifies.
2: An inspector may do any of the things referred to in subsection (1), whether or not—
a: the inspector or the person the inspector is dealing with is in the aviation place; or
b: the place is still an aviation place; or
c: the aviation participant is still operating at the place; or
d: in respect of any information, the information is—
i: in the place; or
ii: in the place where the inspector is; or
iii: in another place.
3: In the case of a person holding an Australian AOC with ANZA privileges, the power conferred by subsection (1) may be exercised only at the request of CASA.
4: Nothing in this section affects the application of section 60
5: For the purpose of this section, if the inspector considers that it is necessary to enter any other building or land in order to get to the aviation place, the inspector may do so after taking any steps that the inspector considers reasonable in the circumstances to obtain the consent of the occupier of the building or place.
6: In this section, information 1990 No 98 s 15(2) 2015 No 70 s 168
285: Power to enter homes or marae
1: Despite section 284(1), (2), and (5)
a: enter an aviation place or a former aviation place that is, or is within, a home, a marae, or a building associated with a marae; or
b: enter an aviation place or a former aviation place through a home, a marae, or a building associated with a marae.
2: An issuing officer may, on an application made by an inspector in the manner provided in subpart 3
a: is an aviation place or a former aviation place or has an aviation place or a former aviation place within it; or
b: is the only practicable means through which the inspector may enter the aviation place or former aviation place.
3: A warrant issued under subsection (2) authorises an inspector to enter the home or marae only to exercise the powers specified in section 284 1990 No 98 s 24(4)–(5A) 2015 No 70 s 169
286: Notice of entry
1: If an inspector enters an aviation place or a former aviation place under this Act and is unable, despite reasonable efforts, to find any person in charge, the inspector must before leaving the place leave a written notice stating—
a: the inspector's identity; and
b: the inspector's contact information; and
c: the date and time of entry; and
d: the inspector's reasons for entering.
2: In this section, contact information
a: the name of the inspector; and
b: 1 or more of the following:
i: telephone number:
ii: email address:
iii: physical or postal address. 2015 No 70 s 171
287: Power to take samples and other objects and things
1: An inspector who enters an aviation place or a former aviation place under section 284 285
a: monitoring activities being carried out in the aviation place; or
b: determining the nature of any material or substance in the aviation place; or
c: determining whether relevant civil aviation legislation has been, is being, or is likely to be complied with; or
d: gathering evidence to support the taking of enforcement action under this Act.
2: This section does not allow an inspector to take a sample from a person's body unless the inspector has the person's informed consent to the taking of the sample.
3: If an inspector removes or retains any sample, material, substance, or thing under subsection (1), the inspector must,—
a: at the time the inspector removes or retains the sample, material, substance, or thing or as soon as practicable after doing so, give the aviation participant written notice of—
i: what has been (or is being) removed or retained; and
ii: why it has been (or is being) removed or retained; and
iii: where it will be kept in the meantime; and
b: subject to subsections (4) and (5), within 5 working days of removing or retaining any sample, material, substance, or thing, give the aviation participant written notice of whether the inspector intends to return it or destroy it.
4: If it is practicable to do so, the inspector must return the sample, material, substance, or thing to its owner—
a: when it is no longer required for any purpose under relevant civil aviation legislation (or any other legislation); or
b: if a court earlier orders its return.
5: The inspector may destroy any removed or retained sample, material, substance, or thing if—
a: it is perishable and has become rotten or has otherwise deteriorated; or
b: it is perishable and is likely to become rotten or perish before it can be dealt with under subsection (4); or
c: it is likely to pose a risk to public health.
6: In addition, sections 154 155 159
7: The provisions of the Search and Surveillance Act 2012
a: the reference in section 159(1) section 156(2)
i: any person from whom the sample, material, substance, or thing was seized:
ii: the aviation participant:
iii: any other person who, in the opinion of the inspector, may be affected by the forfeiture of the sample, material, substance, or thing; and
b: references to a thing were to any sample, material, substance, or thing; and
c: references to seized or produced were to removed or retained; and
d: references to the person in whose custody the thing is were to the inspector; and
e: all other necessary modifications were made.
8: Any sample, material, substance, or thing forfeited to the Crown may be destroyed or otherwise disposed of as the inspector directs. 2015 No 70 s 172
288: Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation
1: The Director may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant civil aviation legislation if the Director is satisfied that there are reasonable grounds—
a: to suspect that the person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
2: A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—
a: the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
b: the specified person obtains a warrant under subsection (3).
3: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3
a: to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant civil aviation legislation; and
b: to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.
4: In this section, specified person
a: an inspector; or
b: a constable; or
c: an employee of the CAA; or
d: any other person who the Director is satisfied is suitably qualified and trained, or belongs to a class of persons who are suitably qualified and trained, to act under this section.
5: Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from the Director under subsection (1).
6: Subpart 2 Part 4
7: Despite subsection (6), sections 118 119 2015 No 70 s 173
289: Continuation of powers of entry and inspection without search warrants
An inspector who, in the course of exercising a power under section 284 285 section 288 section 284 or 285 2015 No 70 s 174
290: Limitation relating to powers under sections 284 and 288
The right of access and the powers conferred by sections 284 288 section 14C(2)﻿(a) or (b) 1990 No 98 s 24(3A)
291: Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring
1: For the purpose of performing any function of the Director, the CAA, or an inspector under this Act, or for the purposes of the ANZA mutual recognition agreements, any inspector may direct an aviation participant or a person who is or appears to be in charge of an aviation place to undergo or conduct examinations, tests, inquiries, inspections, or monitoring.
2: In the case of an aviation participant who is a holder of a New Zealand AOC with ANZA privileges, the power in subsection (1) includes the power to direct the aviation participant or a person who is or appears to be in charge of an aviation place to undergo or conduct examinations, tests, inquiries, inspections, or monitoring in Australia.
3: Nothing in this section authorises an inspector to direct a person to undergo a medical test or medical examination. 1990 No 98 s 15(1)
292: Power to require name, address, and date of birth
1: An inspector may require a person to provide the person's name, residential address, and date of birth if—
a: the inspector finds the person committing an offence against relevant civil aviation legislation; or
b: the inspector finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has committed an offence against relevant civil aviation legislation.
2: When requiring a person to provide the person’s name, residential address, and date of birth, the inspector must—
a: tell the person the reason for the requirement; and
b: warn the person that it is an offence to fail to provide the person’s name, residential address, and date of birth unless the person has a reasonable excuse.
3: If the inspector reasonably believes that the name, residential address, or date of birth a person provides is false, the inspector may require the person to give evidence of its correctness. 2015 No 70 s 175
293: Duty to assist inspectors
1: An aviation participant must give all reasonable assistance to enable an inspector to enter, inspect, examine, inquire, or exercise any other power under relevant civil aviation legislation.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $50,000. 2015 No 70 s 176
294: Immunity of inspectors and persons assisting inspectors or Director
1: An inspector is immune from civil and criminal liability for any act done in good faith in the exercise, or intended exercise, of the inspector’s powers under relevant civil aviation legislation if—
a: the power is exercised by the inspector in a reasonable manner; and
b: the inspector believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
2: A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist an inspector or the Director to exercise the inspector’s or the Director’s powers under relevant civil aviation legislation.
3: In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
295: Offence to fail to provide inspector with correct name, residential address, and date of birth
1: A person must not, without reasonable excuse, refuse or fail to comply with a requirement under section 292(1) or (3)
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 2015 No 70 s 178
296: Offence to impersonate inspector
1: A person who is not an inspector must not, in any way, hold themselves out to be an inspector.
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000. 2015 No 70 s 180
297: Failure to comply with inspection or monitoring requirement
1: A person who, without reasonable excuse, fails to comply with any direction under section 291
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $60,000:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 44A
2: Improvement notices and non-disturbance notices
Improvement notices
298: Power to issue improvement notices
1: This section applies if an inspector reasonably believes that a person—
a: is contravening a provision of civil aviation legislation; or
b: is likely to contravene a provision of civil aviation legislation.
2: The inspector may issue an improvement notice requiring the person to—
a: remedy the contravention; or
b: prevent a likely contravention from occurring; or
c: remedy the things or activities causing the contravention or likely to cause a contravention.
3: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453 2015 No 70 s 101
299: Content of improvement notices
1: An improvement notice must state—
a: that the inspector believes the person—
i: is contravening civil aviation legislation; or
ii: is likely to contravene civil aviation legislation; and
b: the provision the inspector believes is being, or is likely to be, contravened; and
c: briefly, how the provision is being, or is likely to be, contravened; and
d: a reasonable period within which the person is required to remedy—
i: the contravention or likely contravention; or
ii: the things or activities causing the contravention or likely to cause a contravention.
2: An improvement notice may include recommendations concerning—
a: the measures that could be taken to remedy the contravention, or prevent the likely contravention, to which the notice relates:
b: the things or activities causing the contravention, or likely to cause a contravention, to which the notice relates. 2015 No 70 s 102
300: Compliance with improvement notice
1: A person who has been issued with an improvement notice must comply with the notice within the period specified in the notice.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000.
3: It is not an offence to fail to comply with recommendations in an improvement notice. 2015 No 70 s 103
301: Extension of time for compliance with improvement notices
1: This section applies if a person has been issued with an improvement notice.
2: An inspector may, by written notice given to the person, extend the compliance period for the improvement notice.
3: However, the inspector may extend the compliance period only if the period has not ended.
4: In this section, compliance period
a: means the period stated in the improvement notice under section 299(1)
b: includes any extension of that period under this section. 2015 No 70 s 104 Non-disturbance notices
302: Power to issue non-disturbance notice
1: An inspector may issue a non-disturbance notice to an aviation participant or person who manages or controls an aviation place if the inspector reasonably believes that it is necessary to do so to facilitate the performance or exercise of the inspector’s functions or powers.
2: A person in respect of whom a decision is made under subsection (1) may appeal against the decision to the District Court under section 453 2015 No 70 s 108
303: Content of non-disturbance notice
1: A non-disturbance notice may require a person to—
a: preserve the site at which a notifiable event has occurred for a specified period; or
b: prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.
2: A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out—
a: the obligations of the person to whom the notice is issued; and
b: the measures to be taken to preserve a site or prevent the disturbance of a site; and
c: the penalty for contravening the notice.
3: A non-disturbance notice does not prevent any action—
a: to assist an injured person; or
b: to remove a deceased person; or
c: that is essential to make the site safe or to prevent a further notifiable event; or
d: done by, or under the direction of, a constable acting in the execution of the constable’s duties; or
e: for which an inspector or the Director has given permission.
4: A non-disturbance notice does not apply to the site of any accident or incident being investigated by the Transport Accident Investigation Commission.
5: In this section,— notifiable event section 49 site 2015 No 70 s 109
304: Compliance with non-disturbance notice
1: A person must not, without reasonable excuse, refuse or fail to comply with a non-disturbance notice issued to the person.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000. 2015 No 70 s 110
305: Issue of subsequent non-disturbance notices
1: If an inspector considers it necessary to do so, the inspector may issue 1 or more subsequent non-disturbance notices to a person, whether before or after the expiry of the previous notice.
2: A subsequent non-disturbance notice issued under subsection (1) must comply with section 303 2015 No 70 s 111 General provisions relating to improvement notices and non-disturbance notices
306: General provisions relating to improvement notices and non-disturbance notices
1: A notice must be in writing.
2: A notice may be addressed to any person under the person’s legal name or usual business name or style. 2015 No 70 s 112
307: Changes to improvement notice or non-disturbance notice by inspector
An inspector may make minor changes to a notice—
a: for clarification; or
b: to correct errors or references; or
c: to reflect changes of address or other circumstances. 2015 No 70 s 113
308: Director may vary or cancel improvement notice or non-disturbance notice
Except as provided in section 307 2015 No 70 s 114
309: Formal irregularities or defects in improvement notice or non-disturbance notice
A notice is not invalid merely because of—
a: any defect, irregularity, omission, or want of form in the notice unless it causes or is likely to cause a miscarriage of justice; or
b: a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person and is issued to the person in accordance with section 310 2015 No 70 s 115
310: Issue of improvement notice or non-disturbance notice
1: A notice may be issued to a person—
a: by delivering it personally to the person; or
b: by sending it to the person—
i: by post to the person’s usual or last known place of residence or business; or
ii: by electronic transmission; or
c: by leaving it for the person at the person’s usual or last known place of residence or business with a person who appears to be 16 years or over and who appears to reside or work there; or
d: by leaving it for the person at the aviation place to which the notice relates with a person who is or appears to be in charge of that place; or
e: if the person holds an aviation document, by delivering the notice to the person’s address for service provided under this Act; or
f: in a manner prescribed in the regulations.
2: Regulations may prescribe the steps a person to whom a notice is issued must take to bring it to the attention of other persons.
3: A notice posted under subsection (1)﻿(b)﻿(i) is to be treated as having been received on the seventh day after the date on which it was posted. 2015 No 70 s 116
311: Display of notice at aviation place by person issued with improvement notice or non-disturbance notice
1: Unless an inspector permits otherwise, a person to whom a notice is issued must, as soon as practicable, display a copy of the notice in a prominent place at or near any aviation place, or part of an aviation place, at which activity is being carried out that is affected by the notice.
2: If a notice is displayed under subsection (1) and is in force, no person may intentionally—
a: remove or destroy the notice; or
b: damage or deface the notice.
3: A person who breaches subsection (1) or (2) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of any other person, to a fine not exceeding $25,000. 2015 No 70 s 117
312: Inspector may display improvement notice or non-disturbance notice
An inspector who issues a notice may, either before or after issuing the notice, display a copy of the notice in a prominent place at or near any aviation place, or part of an aviation place, at which activity is being carried out that is affected by the notice. 2015 No 70 s 118
3: Detention, seizure, prohibitions, or conditions in relation to aircraft, aerodrome, or aeronautical product
313: Director or specified person may obtain search warrant to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products
1: An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in accordance with subsection (2), if the issuing officer is satisfied that there are reasonable grounds to believe that the operation or use of any aerodrome, aircraft, or aeronautical product or a class of aircraft or aeronautical products may endanger people or property.
2: An application made for the purpose of subsection (1)—
a: must be made in the manner provided by subpart 3
b: may be made by the Director or a specified person as defined in section 288
3: A warrant issued under subsection (1) may authorise the Director to do all or any of the following:
a: prohibit or impose conditions on the operation or use of the aerodrome:
b: detain the aircraft or any aircraft of that class:
c: seize the aeronautical product or any aeronautical products of that class:
d: prohibit or impose conditions on the operation of the aircraft or aircraft of that class:
e: prohibit or impose conditions on the use of any aeronautical product or any aeronautical products of that class. 1990 No 98 s 21(1)
314: Director’s power to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products where prompt action necessary
If the Director has reasonable grounds to believe that the operation or use of any aerodrome, aircraft, or aeronautical product or any class of aircraft or aeronautical products may endanger people 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 or use of the aerodrome:
b: prohibit or impose conditions on the operation of the aircraft or all aircraft of that class:
c: prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class:
d: detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. 1990 No 98 s 21(2)
315: Obligations of Director if action taken under section 313 or 314
1: Any detention or seizure under section 313 314
2: Despite subsection (1), if aircraft, aeronautical products, or parts of aircraft or aeronautical products are required for the purpose of evidence in any prosecution under this Act, the Director may retain those aircraft, products, or parts for as long as the Director considers necessary for that purpose.
3: The owner, operator, or other person for the time being in charge of an aircraft detained or an aeronautical product seized under section 313 314
4: If a request is made under subsection (3), the Director must provide the Director’s reasons to the requester in writing.
5: Part 4 subparts 2 3 section 313 314
6: A person in respect of whom any decision is made under section 313 314 section 453
7: The Director must notify any prohibitions or conditions imposed under section 313 314
8: The notification under subsection (7) may be made by any means of communication that the Director considers appropriate in the circumstances. 1990 No 98 s 21(3)–(6)
4: Seizure, etc, of aircraft without person on board
316: Power to seize, detain, or destroy aircraft without person on board
1: This section applies if a constable or a response officer has reasonable grounds to believe that—
a: an aircraft that is designed to be operated without a pilot on board is being, or is about to be,—
i: operated in the commission of an offence under civil aviation legislation; or
ii: used in the commission of an imprisonable offence under any other Act; or
iii: operated in a manner that may endanger people or property; and
b: it is necessary to take action to prevent the offending from being committed or continuing, or to avert the danger; and
c: the aircraft has no person on board.
2: The constable or response officer may do all or any of the following:
a: enter a place, vehicle, or other thing and search for the aircraft:
b: prevent the aircraft from taking off:
c: seize the aircraft and anything being used, or that may be used, to control the aircraft:
d: detain the aircraft and anything being used, or that may be used, to control the aircraft:
e: destroy the aircraft.
3: A constable or response officer may act under subsection (2) only to the extent necessary to prevent the offending from being committed or continuing, or to avert the danger.
4: When exercising a power under this section, a constable must have regard to any directions or limitations that the Director has given under section 332(4)
317: Power to enter homes or marae
1: Despite section 316
a: enter a home, a marae, or a building associated with a marae; or
b: enter a place through a home, a marae, or a building associated with a marae.
2: An issuing officer may, on an application made by a constable or a response officer in the manner provided in subpart 3 section 316
3: A warrant issued under subsection (2) authorises a constable or a response officer to enter the home or marae only to exercise the powers specified in section 316
318: Provision relating to seizure or detention of aircraft in operation without a person on board
The power under section 316
319: Requirement to give reasons for action under section 316
1: The owner, operator, or other person for the time being in charge of an aircraft that is detained, seized, or destroyed under section 316
2: If a request is made under subsection (1), the constable or response officer must provide the person requesting with reasons in writing for the detention, seizure, or destruction.
320: Provisions relating to seizure or detention of aircraft under section 316
1: Any detention or seizure under section 316
2: Despite subsection (1), if a seized item is required for the purpose of evidence in any prosecution under this or any other Act, the Commissioner or the CAA may retain it in accordance with the Search and Surveillance Act 2012
3: Part 4 subparts 2 3 section 316
321: Immunities in relation to exercise of power under section 316
1: A constable or response officer is immune from civil and criminal liability for any act done in good faith in order to exercise a power under section 316
a: the power is exercised by that person in a reasonable manner; and
b: the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
2: A person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner when called on to assist a constable or response officer to exercise a power under section 316
3: In any civil proceeding in which a person asserts that the person has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
5: Exemptions from compliance with regulations and rules
322: Director may grant exemptions from compliance with regulations and rules
1: The Director may, if the Director thinks it appropriate,—
a: exempt any 1 or more named aviation participants, aeronautical products, aircraft, aerodromes, aviation-related services, or other things from 1 or more specified requirements in a regulation or rule made under this Act; or
b: exempt any class of aviation participant, aeronautical product, aircraft, aerodrome, aviation-related service, or other thing from 1 or more specified requirements in a regulation or rule made under this Act.
2: The power under subsection (1)—
a: must not be used to provide an exemption from the requirements of a rule if the relevant rule specifically provides that no exemptions from its requirements may be granted; and
b: may be used to allow an exemption from the requirement of a regulation only if the regulations specify that this section and section 323
3: The Director must not grant an exemption under subsection (1) unless the Director is satisfied that—
a: the extent of the exemption is no broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
b: the exemption is consistent with the main purpose of this Act; and
c: it is appropriate to grant the exemption after considering—
i: the additional purposes of this Act; and
ii: consistency with relevant international standards (if any); and
iii: any other matter that the Director considers appropriate in the circumstances.
4: The Director must notify the number and nature of exemptions granted under subsection (1)﻿(a) in the Gazette
5: An exemption granted under subsection (1)﻿(b) is secondary legislation ( see Part 3
6: The Director’s reasons for granting an exemption under subsection (1)﻿(b) must be published with the exemption. 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 accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
323: General provisions relating to exemptions
1: This section applies to exemptions under section 322
2: The Director may grant an exemption on any terms and conditions that the Director thinks fit.
3: An exemption—
a: takes effect on the date specified in the exemption (which, for an exemption under section 322(1)﻿(b) Legislation Act 2019
b: expires on the earlier of the following to occur unless it is sooner replaced or revoked:
i: an expiry date specified in the notice:
ii: the close of the day that is 5 years after the date on which it took effect.
4: A breach of a term or condition of an exemption is a breach of the relevant provision in the regulation or rule to which the exemption relates (unless the terms of the exemption provide otherwise).
5: An exemption may be replaced before or when it expires.
6: Enforceable undertakings
324: Director may accept enforceable undertakings
1: The Director may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of civil aviation legislation.
2: However, the Director may refuse to accept the undertaking if it does not provide for the reimbursement of any costs and expenses of the Director incurred in relation to—
a: the undertaking; and
b: the contravention or alleged contravention.
3: The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.
4: To avoid doubt, the costs and expenses of the Director include any costs or expenses incurred in relation to an employee, an agent, or a contractor of the CAA. 2015 No 70 s 123
325: Notice of decision and reasons for decision
1: The Director must give the person seeking to make an enforceable undertaking written notice of—
a: its decision to accept or reject the undertaking; and
b: the reasons for the decision.
2: The Director must publish, on an Internet site maintained by or on behalf of the CAA, notice of a decision to accept an enforceable undertaking and the reasons for the decision. 2015 No 70 s 124
326: When enforceable undertaking is enforceable
An enforceable undertaking takes effect and becomes enforceable when the Director's decision to accept the undertaking is given to the person who made the undertaking, or at any later date specified by the Director. 2015 No 70 s 125
327: Compliance with enforceable undertaking
1: A person must not contravene an enforceable undertaking given by the person that is in force.
2: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000:
b: in the case of any other person, to a fine not exceeding $250,000. 2015 No 70 s 126
328: Contravention of enforceable undertaking
1: The Director may apply to the District Court for an order if a person contravenes an enforceable undertaking.
2: If the court is satisfied that the person who made the enforceable undertaking has contravened the undertaking, the court may make either or both of the following orders:
a: an order directing the person to comply with the undertaking:
b: an order discharging the undertaking.
3: In addition to the orders referred to in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the Director—
a: the costs of the proceedings; and
b: the reasonable costs of the Director in monitoring compliance with the enforceable undertaking in the future.
4: This section does not prevent proceedings being brought for the contravention or alleged contravention of civil aviation legislation to which the enforceable undertaking relates. 2015 No 70 s 127
329: Withdrawal or variation of enforceable undertaking
1: A person who has given an enforceable undertaking may at any time, with the written agreement of the Director,—
a: withdraw the undertaking; or
b: vary the undertaking.
2: However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations or rules.
3: The Director must publish on an Internet site maintained by or on behalf of the CAA notice of the withdrawal or variation of an enforceable undertaking. 2015 No 70 s 128
330: Proceedings for alleged contravention
1: Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations or rules may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.
2: No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations or rules against a person who—
a: has made an enforceable undertaking in relation to that contravention; and
b: has completely discharged the enforceable undertaking.
3: The Director may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.
4: If the Director accepts an enforceable undertaking before the proceedings are completed, the Director must take all reasonable steps to have the proceedings discontinued as soon as practicable. 2015 No 70 s 129
7: Inspectors and response officers
331: Appointment of inspectors
1: The Director may, by notice in writing, appoint any person as an inspector, including—
a: an employee of the State services:
b: a statutory officer:
c: a prescribed person:
d: an employee of the CAA:
e: an authorised security person.
2: The Director must not appoint a person as an inspector unless the Director is satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the functions and powers proposed to be carried out and exercised by an inspector under this Act.
3: An inspector may be appointed to perform and exercise those functions and powers of an inspector under this Act that the Director specifies in the notice of the inspector’s appointment.
4: An inspector's functions and powers are subject to any conditions or limitations specified in the notice of the inspector's appointment.
5: However, the performance or exercise of a function or power by an inspector is not invalid merely because it did not comply with the conditions specified in the notice of the inspector's appointment. 2015 No 70 s 163
332: Appointment of response officers
1: The Director may, by notice in writing, appoint any person as a response officer, including—
a: an employee of the State services (within the meaning of the Public Service Act 2020
b: a statutory officer:
c: a prescribed person:
d: an employee of the CAA:
e: an authorised security person.
2: The Director must not appoint a person as a response officer unless the Director is satisfied that the person has appropriate experience, technical competence, and qualifications relevant to the functions and powers proposed to be carried out and exercised by a response officer under this Act.
3: A response officer may be appointed to perform and exercise the functions and powers under subpart 4
4: A response officer’s functions and powers are subject to any conditions or limitations specified in the notice of the officer’s appointment.
5: However, the performance or exercise of a function or power by a response officer is not invalid merely because it did not comply with the conditions specified in the notice of the officer's appointment.
6: Sections 333 to 335
333: Identity cards
1: The Director must give each inspector an identity card that—
a: states the person's name and appointment as an inspector; and
b: includes any other matter prescribed by regulations or rules.
2: An inspector must, when performing or exercising functions and powers under this Act, produce the inspector’s identity card for inspection on request.
3: A person who ceases to be an inspector must as soon as practicable return the identity card to the Director. 2015 No 70 s 164
334: Suspension and ending of appointment of inspectors
1: The Director may suspend or end the appointment of an inspector at any time.
2: To avoid doubt, a person's appointment as an inspector ends when the person ceases to be eligible for appointment as an inspector. 2015 No 70 s 165
335: Inspectors subject to Director's directions
1: An inspector (whether or not an employee) is subject to directions from the Director in the performance or exercise of the inspector's functions and powers.
2: A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter.
3: A failure to comply with a direction under subsection (1) does not invalidate the exercise of an inspector's power. 2015 No 70 s 166
336: Director has powers of inspector and response officer
The Director has all the powers that an inspector or a response officer has under this Act. 2015 No 70 s 167
8: Powers of entry of Airways
337: Meaning of equipment for purposes of section 338
1: In section 338 equipment
a: means equipment—
i: used for the purpose of carrying out the functions of Airways; and
ii: installed before 1 January 1988; and
b: includes cables, wires, navigational aids, or other equipment.
2: A certificate given by Airways containing a statement that any equipment was installed before 1 January 1988—
a: is admissible in evidence in any proceedings; and
b: in the absence of proof to the contrary, constitutes proof of that statement. 1990 No 98 s 25(1), (2)
338: Powers of entry of Airways
1: Airways may—
a: enter onto any land for the purpose of gaining access to equipment; and
b: perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing equipment.
2: The power to enter onto land conferred by subsection (1) is subject to the following conditions:
a: entry may be made only—
i: by an officer, employee, or agent of Airways authorised by Airways in writing; or
ii: by persons under the immediate control of an officer, employee, or agent of Airways authorised by Airways in writing:
b: reasonable notice of the intention to enter must be given:
c: notice must be given in accordance with Part 10
d: entry may be made only at reasonable times:
e: the officer, employee, or agent must carry and produce on initial entry, and subsequently if required to do so, evidence of the person’s identity and authority.
3: Subsection (2) does not apply if the entry is necessary in circumstances of probable danger to life or property.
4: Any equipment owned by Airways that is fixed to, or installed over or under, the land and is not owned by Airways—
a: is taken to be lawfully fixed or installed; and
b: must continue to be fixed or installed until Airways otherwise decides.
5: No person other than Airways has any interest in any equipment referred to in subsection (4) by reason only of having an interest in the land. 1990 No 98 s 25(1), (2)–(5)
9: Protections in relation to accident and incident notifications under subpart 5 of Part 2
Interpretation
339: Interpretation in this subpart
1: In this subpart, unless the context otherwise requires,— law enforcement action notified incident section 49(3)
2: A person is a qualifying person
a: the person ( person A
i: notifies the incident to the CAA in accordance with section 49(3)
ii: is employed or engaged by a person ( person B section 49(3)
b: the notification person A provided under paragraph (a)﻿(i) or (ii) is—
i: a full and accurate account of the incident; and
ii: provided in accordance with any requirements (for example, as to timeliness of notifications) specified in the rules. Restriction on admissibility of accident and incident notifications
340: Restriction on admissibility of accident and incident notifications
1: An accident notification provided by an individual under section 49(1) or (4)
2: An incident notification provided under section 49(3)
a: the individual provided the incident notification to the CAA under section 49(3)
b: the individual while employed or engaged by a person ( person B section 49(3)
3: Nothing in subsection (2) applies if the criminal proceeding is a criminal proceeding that concerns the falsity of the notification. Limitations on Director’s powers to take law enforcement action
341: When Director may take law enforcement action
1: The Director may take law enforcement action, in relation to a notified incident, against a person who is a qualifying person in relation to the incident only if the Director is satisfied that the public interest in taking action in the circumstances outweighs any adverse impact that the action will have on further accident or incident notifications.
2: Without limiting subsection (1), the Director may be satisfied as to the matter in subsection (1) if the Director is satisfied that any 1 or more of the following apply:
a: the behaviour of the person in respect of which enforcement action would be taken is, or appears to be, a major departure from the standard of care expected of a reasonable person in the circumstances:
b: the person recklessly caused unnecessary danger to any other person or to any property:
c: the behaviour of the person in respect of which enforcement action would be taken caused unnecessary danger to any other person or to any property, and that behaviour repeats previous behaviour of the same or of a similar kind by the person.
10: Protection of flight data recording from use in criminal proceedings against flight crew
342: Interpretation
In this subpart,— flight data recorder
a: a flight data recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other data recording device approved for installation under the rules and installed in the aircraft for the purpose of complementing an accident or incident investigation flight data recording
343: Admissibility of flight data recording against flight crew in criminal proceedings
1: A flight data recording from an aircraft is not admissible against a member of the flight crew of the aircraft in any criminal proceedings under this or any other Act.
2: Subsection (1) is subject to any order of a court made under subsection (3).
3: A court may order that the whole or part of a flight data recording from an aircraft is admissible against a member of the flight crew of the aircraft in a criminal proceeding if the court is satisfied that it is in the interests of justice after having regard to any adverse impact the admission of the whole or part of the recording may have on future accident and incident investigations.
4: An application for an order under subsection (3) may be made only by a person who has commenced the criminal proceeding.
5: Nothing in subsection (1) affects the admissibility of a flight data recording from an aircraft in criminal proceedings against a person other than a member of the flight crew of the aircraft.
344: This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990
This subpart does not limit or affect the application of Part 3 section 14A
11: Disqualification
345: Effect of disqualification by court
1: If the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document is suspended while the disqualification is in force, and is of no effect during the period of suspension.
2: Subsection (3) applies if the holder of an aviation document is disqualified from holding or obtaining an aviation document and the disqualification will expire before the term of the document expires.
3: The document continues to be of no effect on the expiration of the disqualification and until the holder of it undergoes and passes any tests and fulfils any requirements that the Director may specify. 1990 No 98 s 59
346: Commencement of period of disqualification
If an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification commences on the date on which the order is made or any later date the court making the order directs. 1990 No 98 s 60
347: Retention and custody of document
1: If a court makes an order disqualifying the holder of an aviation document from holding or obtaining a document and the document is capable of being surrendered (for example, if it is in paper form), the person in respect of whom the order is made must immediately, and whether or not demand is made, surrender the document to—
a: the registry of the court where the order was made; or
b: the CAA.
2: If an aviation document is surrendered under this section, it must immediately be forwarded to the Director.
3: The Director must—
a: endorse the terms of the disqualification on the document; and
b: retain it until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.
4: If the person entitled to the document is a person to whom section 345(3) 1990 No 98 s 61
348: 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 that made the order 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,—
a: remove the disqualification from a date the court may specify; or
b: refuse the application.
3: If the disqualification was ordered by the District Court, an application under this section must be made to a District Court Judge.
4: The application must be made to the registry of the court in which the order was made.
5: Notice of every application under this section must be served on the Director, who has a right to appear and be heard in respect of the matter. 1990 No 98 s 62
349: Particulars of disqualification orders, etc, to be sent to Director
Particulars of the following orders made by a court must be sent by the Registrar of the court to the Director:
a: an order disqualifying a person from holding or obtaining an aviation document or imposing restrictions or conditions (or both) on any aviation document held by or issued to any person:
b: an order under section 348 1990 No 98 s 63
350: Appeals against disqualification by court
1: For the purposes of Part 6
2: If a notice of appeal against an order referred to in subsection (1) is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order has immediate effect.
3: If a person who is disqualified by an order of the District Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—
a: the person may appeal against the refusal to the High Court in accordance with Part 6
b: that Part applies with any necessary modifications as if the refusal were a sentence.
4: If a person who is disqualified by an order of the High Court from holding or obtaining an aviation document applies for a removal of that disqualification and the application is refused,—
a: the person may appeal against the refusal to the Court of Appeal in accordance with Part 6
b: that Part applies with any necessary modifications as if the refusal were a sentence.
5: If an 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.
6: If an appeal is made to the High Court or leave to appeal to the Court of Appeal is granted under this section, whether in whole or in part, the Registrar of the High Court must send notice of that fact to the Director, who has a right to appear and be heard in respect of the matter.
7: In determining the expiry 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 must be disregarded. 1990 No 98 s 64
12: Injunctions
351: Court may grant injunctions
1: A court may, on application by the Director, the Secretary, or any other person, grant an injunction—
a: restraining a person from engaging in conduct that constitutes or would constitute a breach of civil aviation legislation:
b: requiring a person to do an act or a thing if—
i: the person has refused or failed, or is refusing or failing, or is proposing to refuse or fail to do that act or thing; and
ii: the refusal or failure was, is, or would be a breach of civil aviation legislation.
2: An injunction may be granted under this section—
a: even though proceedings for any offence constituted by the breach have not been taken; or
b: if the person is convicted of an offence constituted by the breach,—
i: in the proceedings for the offence, in substitution for or in addition to any penalty imposed for the offence; or
ii: in subsequent proceedings. 1966 No 51 s 9(10) 2013 No 69 s 480
352: When court may grant restraining injunctions
1: A court may grant an injunction restraining a person from engaging in conduct of a particular kind if—
a: it is satisfied that the person has engaged in conduct of that kind; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind.
2: The court may grant an interim injunction restraining a person from engaging in conduct of a particular kind if in its opinion it is desirable to do so.
3: Subsections (1)﻿(a) and (2) apply whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind.
4: Subsections (1)﻿(b) and (2) apply whether or not—
a: the person has previously engaged in conduct of that kind; or
b: there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. 2013 No 69 s 481
353: When court may grant performance injunctions
1: A court may grant an injunction requiring a person to do an act or a thing if—
a: it is satisfied that the person has refused or failed, or is refusing or failing, to do that act or thing; or
b: it appears to the court that, if an injunction is not granted, it is likely that the person will refuse or fail, or continue to refuse or fail, to do that act or thing.
2: The court may grant an interim injunction requiring a person to do an act or a thing if in its opinion it is desirable to do so.
3: Subsections (1)﻿(a) and (2) apply whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing.
4: Subsections (1)﻿(b) and (2) apply—
a: whether or not the person has previously refused or failed to do that act or thing; or
b: if there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.
354: Undertaking as to damages not required by Director or Secretary
1: If the Director or the Secretary applies to a court for the grant of an interim injunction under this subpart, the court must not, as a condition of granting an interim injunction, require the Director or the Secretary to give an undertaking as to damages.
2: In determining the application for the grant of an interim injunction, the court must not take into account that the Director or Secretary (as the case may be) is not required to give an undertaking as to damages. 2013 No 69 s 482
13: Powers of Minister to intervene on grounds of national security
355: Powers of Minister to intervene on grounds of national security
1: Subsection (2) applies if the Minister, after taking into account the advice of the intelligence and security agencies, is satisfied that the action is necessary in the interests of national security.
2: The Minister may, by written notice,—
a: direct that an application referred to the Minister under section 74
b: direct that restrictions or conditions be imposed on an aviation document issued to a person under this Act; or
c: disqualify a person from holding or obtaining an aviation document or a particular aviation document; or
d: prohibit a person from operating, maintaining, servicing, or doing any other act in respect of any aircraft, aerodrome, aeronautical product, or aviation-related service.
3: A notice given under subsection (2)﻿(b), (c), or (d) may apply for any period not exceeding 24 months that the Minister thinks fit.
356: Giving of notice and related matters
1: A notice given under section 355(2)
a: the person in respect of whom it is given; and
b: the Director.
2: The Minister must inform the person in respect of whom a notice is given under section 355(2)
a: the reasons for the decision (except to the extent that the Minister considers that providing reasons would involve a disclosure of information that would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand); and
b: the review procedure available in relation to the notice under section 357
3: A notice given under section 355(2) section 357
4: When a notice given under section 355(2)﻿(b)
5: Service under subsection (1) may be effected in any way the Minister considers appropriate.
357: Review procedure in relation to notice under section 355
1: If the Minister gives a notice under section 355(2) section 171
2: If the Inspector-General of Intelligence and Security sends a report to the Minister in accordance with section 185
3: In this section, Inspector-General of Intelligence and Security section 157
358: Effect of disqualification by Minister
1: If the holder of an aviation document is disqualified by a notice under section 355(2)﻿(c)
2: Subsection (3) applies if the holder of an aviation document is disqualified from holding or obtaining a document and the disqualification will expire before the term of the document expires.
3: The document continues to be of no effect on the expiry of the disqualification and until the holder of it undergoes and passes any tests and fulfils any requirements that the Director may specify.
359: Commencement of period of disqualification by Minister
If a notice is given under section 355(2)﻿(c) section 356(1)
360: Retention and custody of document following disqualification by Minister
1: If the holder of an aviation document is disqualified by a notice under section 355(2)﻿(c)
2: The Director must—
a: endorse the terms of the disqualification on the document; and
b: retain the document until the disqualification has expired or been removed and the person entitled to the document has made a request in writing for its return.
3: If the person entitled to the document is a person to whom section 345(3)
361: Offences relating to breach of notice given by Minister on national security grounds
1: A person commits an offence if the person—
a: intentionally fails or refuses to comply with any restriction or condition imposed by a notice under section 355(2)﻿(b)
b: applies for or obtains an aviation document while disqualified by a notice under section 355(2)﻿(c)
c: intentionally does any act contrary to the terms of a prohibition in a notice under section 355(2)﻿(d)
2: Any aviation document in respect of which an offence is committed under subsection (1)﻿(b) is of no effect.
3: A 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 to a fine not exceeding $60,000, or both:
b: in the case of any other person, to a fine not exceeding $200,000.
4: If a person is convicted of an offence under subsection (1)﻿(b), the court may order the person to be disqualified from holding or obtaining an aviation document for any period not exceeding 12 months that the court thinks fit.
14: General offences
362: Communicating false or misleading information
1: A person who, by any means, provides to the Secretary, the CAA, or the Director information relevant to the Secretary’s, the CAA’s, or the Director’s performance or exercise of functions or powers under civil aviation legislation, knowing the information to be false or misleading, commits an offence.
2: A 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 to a fine not exceeding $30,000, or both:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 49(1)﻿(a), (2)
363: Obstruction of inspector or other person authorised by Director or Secretary
1: A person commits an offence who intentionally obstructs or intentionally impedes—
a: an inspector or a response officer exercising their functions or powers under this Act; or
b: any other person who is authorised by the Director or the Secretary and acting in the performance or exercise of any functions or powers conferred on the person under this Act.
2: Subsection (1) applies only where the inspector, response officer, or other person obstructed or impeded is in uniform or produces evidence of the person’s authority.
3: A person who breaches subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000:
b: in the case of any other person, to a fine not exceeding $50,000. 1990 No 98 s 50
364: Trespass
1: A person commits an offence if the person, without reasonable excuse, enters or remains within any aerodrome, or any building or area in which technical facilities or services for civil aviation are operated, when directed not to enter or not to remain by—
a: a person authorised by the Director in writing for that purpose or a constable; or
b: a notice posted by a person referred to in paragraph (a), the Director, or an aviation security officer.
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,500, or both. 1990 No 98 s 51
365: Failure to maintain accurate records
1: A person commits an offence if the person contravenes any requirement under this Act—
a: to make accurate entries in a record; or
b: to maintain an accurate record; or
c: to provide to the Secretary, the CAA, the Director, or any other person an accurate record when required to do so.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $15,000:
b: in the case of any other person, to a fine not exceeding $50,000. 1990 No 98 s 52
366: Breach of emergency rule, prohibition, or condition
1: A person who, without reasonable excuse, acts in breach of or fails to comply with any emergency rule made under section 67 section 315(7)
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $30,000:
b: in the case of any other person, to a fine not exceeding $100,000. 1990 No 98 s 53
367: 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 New Zealand or whose principal place of business is in New Zealand.
2: A person 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, the public order or public health of, or the safety of air navigation in relation to, that country or territory commits an offence.
3: In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for any purpose described in subsection (2), in the absence of evidence to the contrary it is presumed that the defendant knew that the aircraft was being used for that purpose.
4: A person commits an offence if the person is the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, and 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: the appropriate aeronautical authority has reasonable grounds to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, the public order or public health of, or the safety of air navigation in relation to, that country or territory.
5: Subsection (4)—
a: does not apply if the lives of persons on board the aircraft or the safety of the aircraft would be endangered by compliance with the direction:
b: is without prejudice to any other requirement to comply with directions given by an aeronautical authority.
6: For the purposes of this section, appropriate aeronautical authority
7: A person who commits an offence against subsection (2) or (4) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $60,000, or both:
b: in the case of any other person, to a fine not exceeding $200,000. 1990 No 98 s 53A
15: Additional penalty for offences involving commercial gain
368: Additional penalty for offences involving commercial gain
1: In addition to any penalty the court may impose under section 41 103 104 217 250 297
2: For the purpose of subsection (1), the value of any gain must be assessed by the court, and is recoverable in the same manner as a fine. 1990 No 98 s 47
16: Infringement offences
369: Interpretation
In this subpart, person authorised by the Director
a: in the case of an unruly passenger offence that is an infringement offence, a person authorised by the Director under subpart 20
b: in relation to any other infringement offence, a person authorised by the Director under section 372(1)
370: Application of this subpart to offences for breach of airport bylaws
If regulations made under section 407(1)﻿(d) section 235
a: the airport operator that made the bylaw may, in writing, authorise a person to issue infringement notices under this Act for the purpose of enforcing the infringement offences; and
b: this subpart applies as if—
i: references to the Director or a person authorised by the Director were to the airport operator and any person authorised by the operator; and
ii: references to the enforcement authority were to the airport operator.
371: Infringement offences
1: A person who is alleged to have committed an infringement offence may—
a: be proceeded against by the filing of a charging document under section 14
b: be issued with an infringement notice under section 373
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a)
3: See
a: section 21
b: section 406
372: Who may issue infringement notices
1: The Director may, in writing, authorise a person to issue infringement notices under this Act, except for the purpose of subpart 2
2: Subsection (1) is subject to section 462(2)﻿(c)
373: When infringement notice may be issued
The Director or a person authorised by the Director may issue an infringement notice to a person if the Director or person authorised by the Director believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
374: Revocation of infringement notice before payment made
1: The Director or a person authorised by the Director may revoke an infringement notice before—
a: the infringement fee is paid; or
b: an order for payment of a fine is made or deemed to be made by a court under section 21
2: The Director or a person authorised by the Director must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
3: The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 371(1)﻿(a) or (b)
375: What infringement notice must contain
An infringement notice must be in the form prescribed in regulations and must contain the following particulars:
a: details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence:
b: the amount of the infringement fee:
c: the address of the enforcement authority:
d: how the infringement fee may be paid:
e: the time within which the infringement fee must be paid:
f: a summary of the provisions of section 21(10)
g: a statement that the person served with the notice has a right to request a hearing:
h: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:
i: any other matters prescribed in regulations.
376: How infringement notice may be served
1: An infringement notice may be served on the person who the Director or a person authorised by the Director believes is committing or has committed the infringement offence by—
a: delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
b: leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
c: leaving it for the person at the person’s place of business or work with another person; or
d: sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
e: sending it to the person at the person’s last address for service provided under section 73
f: sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.
2: Unless the contrary is shown,—
a: an infringement notice (or a copy of it) sent by prepaid post to a person under subsection (1) is to be treated as having been served on the person on the fifth working day after the date on which it was posted:
b: despite paragraph (a), an infringement notice in respect of an unruly passenger offence sent by prepaid post is to be treated as having been served on the defendant when it was posted:
c: an infringement notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first enters an information system that is outside the control of the enforcement authority.
377: Payment of infringement fees
1: Except as provided in subsection (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
2: An enforcement authority that is an airport operator may retain the portion of the infringement fees received by it under this Act that the Minister of Finance from time to time approves.
378: Reminder notices
A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
17: Charging documents and burden of proof
379: Limitation period for prosecutions brought by Director
1: Despite section 25
a: within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the Director:
b: if an enforceable undertaking has been given in relation to the offence under subpart 6
i: the enforceable undertaking is contravened; or
ii: it comes to the notice of the Director that the enforceable undertaking has been contravened; or
iii: the Director has agreed under section 329
2: Subsection (1)﻿(a) is subject to section 380
380: Extension of time if Director needs longer to decide whether to bring prosecution
1: This section applies if the Director considers that the Director will not be able to file a charging document by the end of the 12-month period specified in section 379(1)﻿(a)
2: The District Court may, on application by the Director made before the end of the 12-month period specified in section 379(1)﻿(a) section 379(1)﻿(a)
3: The court must not grant an extension under subsection (2) unless it is satisfied that—
a: the Director reasonably requires longer than the 12-month period to decide whether to file a charging document; and
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
c: it is in the public interest in the circumstances that a charging document is able to be filed after the 12-month period expires; and
d: filing the charging document after the 12-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
4: The court must give the following persons an opportunity to be heard:
a: the Director:
b: the proposed defendant:
c: any other person who has an interest in whether or not a charging document should be filed.
381: Burden of proof of exceptions, etc, for offences
1: This section applies to—
a: an offence against this Act that is prescribed in regulations under section 407(1)﻿(b)
b: an offence against any of the following sections:
i: section 17
ii: section 19(1)
iii: section 51(1)
iv: section 107(1)
v: section 112(1)
vi: section 132(1)
vii: section 173(1)﻿(b)
viii: section 250
ix: section 297(1)
x: section 364(1)
xi: section 366(1)
xii: section 396
xiii: section 405(2)
xiv: section 413(1)
xv: section 422(1)
xvi: section 422(2)
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) 1990 No 98 ss 65AA, 100A
18: Evidence and proof
382: Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft
1: This section and section 383 Aviation document
2: In the absence of proof to the contrary, a copy of any aviation document is sufficient to prove the contents of that document if the copy of the document is certified correct by—
a: the Director; or
b: any employee of the CAA authorised to do so by the Director.
3: Unless the contrary is proved, an official certificate is sufficient evidence of the matter certified.
4: In subsection (3), official certificate
a: to the effect that on a specified date a person or an organisation was or was not the holder of—
i: an aviation document; or
ii: a specified type of aviation document; and
b: signed or otherwise authenticated by—
i: the Director; or
ii: any employee of the CAA authorised to do so by the Director. New Zealand Register of Aircraft
5: Evidence of the contents of the New Zealand Register of Aircraft maintained under section 36
a: the Director; or
b: any employee of the CAA authorised in that behalf by the Director.
6: Unless the contrary is proved, every certificate is sufficient evidence of the matters stated in it. Written statement in relation to medical certificate
7: Unless the contrary is proved, a written statement is sufficient evidence of the matter stated.
8: In subsection (7), written statement
a: Schedule 2
b: the rules before the commencement of the Civil Aviation (Medical Certification) Amendment Act 2001 1990 No 98 s 71(1)
383: Evidence and proof in offence-related proceedings: other matters
Material incorporated by reference
1: In the absence of evidence to the contrary, a certified copy of material incorporated by reference is sufficient evidence that the material produced is the material incorporated by reference. Certificates generally
2: Unless the contrary is proved, it is presumed that every certificate purporting to have been certified or given under this section has been certified or given by—
a: the Director; or
b: an employee of the CAA authorised by the Director to certify documents or give certificates under this section. Licence
3: A licence granted under Part 6
384: Evidence and proof of rule in any proceedings
1: Unless the contrary is proved, and without limiting any other method of proof, the production in any proceedings of a copy of an item specified in subsection (2) is sufficient evidence of—
a: the rule; and
b: the fact that it has been made in accordance with Part 3
2: The items for the purposes of subsection (1) are—
a: a rule purporting to have been made by the Minister under subpart 1 Part 3
b: any emergency rule purporting to have been made by the Director under section 67 1990 No 98 s 71(2)
19: General provisions relating to proceedings
385: State of mind of employees and agents attributed
State of mind of individual in civil proceedings
1: Subsection (2) applies in any civil proceedings under this Act in respect of any conduct engaged in by an individual, being conduct in relation to which civil aviation legislation applies.
2: If it is necessary to establish the state of mind of the individual, it is sufficient to show that an employee or agent of the individual acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind. State of mind of person other than individual in civil or criminal proceedings
3: Subsection (4) applies in any civil or criminal proceedings under this Act in respect of any conduct engaged in by a person other than an individual, being conduct in relation to which civil aviation legislation applies.
4: If it is necessary to establish the state of mind of the person, it is sufficient to show that an employee or agent of the person acting within the scope of the employee’s or agent’s actual or apparent authority had that state of mind. Meaning of state of mind
5: In this section, state of mind 2015 No 70 s 160
386: Conduct of employees and agents attributed
1: Conduct engaged in on behalf of an individual ( person A
a: an employee or agent of person A, acting within the employee’s or agent’s actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) either of person A or an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent.
2: Conduct engaged in on behalf of a person other than an individual ( person B
a: an employee or agent of person B acting within the scope of the employee’s or agent’s actual or apparent authority:
b: any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person B, given within the scope of the actual or apparent authority of the employee or agent. 2015 No 70 s 161
20: Unruly passenger offences
Preliminary provisions
387: Interpretation in this subpart
In this subpart, unless the context otherwise requires,— details person authorised by the Director section 389 1990 No 98 s 65A(6)
388: Application of this subpart
1: This subpart applies to any unruly passenger offence committed—
a: on an aircraft in New Zealand, regardless of the nationality of the aircraft:
b: on an aircraft in flight outside New Zealand, regardless of the nationality of the aircraft, if the next landing of the aircraft is in New Zealand.
2: For the purposes of this subpart, an aircraft is in flight
3: However, in the case of a forced landing, an aircraft is in flight
a: if the forced landing occurs in a place within the territorial limits of a country, until the time that competent authorities of that country assume responsibility for the aircraft and for persons and property on board the aircraft; or
b: if the forced landing occurs in a place that is not within the territorial limits of any country, until the time that competent authorities of any country assume responsibility for the aircraft and for persons and property on board the aircraft. 1990 No 98 s 65A(1)–(3)
389: Exercise of powers under this subpart
1: The Director may authorise an aviation security officer or any other person to exercise a power or perform a function under this subpart.
2: A person authorised by the Director under subsection (1) must carry evidence of authority issued by the Director that specifies—
a: the name of, and the office or offices held by, the person; and
b: the powers and functions that the person is authorised to exercise and perform under this subpart.
3: A constable may exercise and perform all or any of the powers and functions that may be conferred on a person authorised by the Director under this subpart.
4: This section does not limit section 331 1990 No 98 s 65A(4)–(5)
390: Liability for offences against this subpart despite extraterritoriality
A person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this subpart if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand. 1990 No 98 s 65B
391: Liability for offences under Summary Offences Act 1981 despite extraterritoriality
1: A person is liable under the Summary Offences Act 1981
a: the person commits an act or omission on an aircraft in flight outside New Zealand; and
b: that act or omission, if it occurred in New Zealand, would be an offence against 1 or more of the following provisions of that Act:
i: section 3
ii: section 7
iii: section 9
iv: section 11
v: section 27
2: For the purposes of the provisions specified in subsection (1)﻿(b), a reference to a public place 1990 No 98 s 65C
392: Liability for offence on foreign aircraft outside New Zealand
1: An infringement notice may be issued under section 373
a: the pilot-in-command—
i: makes (in the form and manner required by the Director) a request 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 form and manner required by the Director that the pilot-in-command (or the operator of the aircraft) has not made and 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: 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 to consent to proceedings.
3: Despite subsection (1)﻿(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside New Zealand may be commenced without the Attorney-General’s consent if—
a: particulars of the infringement notice are provided under section 406(2)
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 subpart, 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. 1990 No 98 s 65D
393: Proceedings for offences
1: This subpart does not affect the liability of a person under any other enactment.
2: Subsection (1) is subject to section 391 1990 No 98 s 65E(3), (4) Unruly passenger offences
394: Passenger endangering safety
1: No person who is a passenger on an aircraft may act in a manner that endangers the aircraft or any person in the aircraft.
2: A person who acts in breach of subsection (1) and who knows, or is reckless as to whether, their action will endanger the aircraft or any person in the aircraft commits an offence.
3: A person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000, or both. 1990 No 98 s 65F
395: Disruptive conduct towards crew member
1: A person commits an offence if, while in an aircraft, the person—
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 a crew member’s performance of the crew member’s duties; or
d: intentionally interferes with a crew member’s performance of the crew member’s duties.
2: A person who commits an offence against subsection (1)﻿(a), (b), or (c) is liable on conviction to a fine not exceeding $5,000.
3: A person who commits an offence against subsection (1)﻿(d) is liable on conviction to imprisonment for a term not exceeding 2 years or to a fine not exceeding $10,000, or both.
4: It is a defence in a prosecution under subsection (1)﻿(a) for using offensive or insulting words if the defendant proves that the defendant had reasonable grounds to believe that the defendant’s words would not be overheard or seen by a crew member.
5: In this section, words
a: words that are written, printed, gestured, or spoken; and
b: any pictorial representation or visual description of words. 1990 No 98 s 65G
396: Interference with aircraft
1: A person who tampers or, without reasonable excuse, interferes with any aircraft, or any component of an aircraft, or its equipment, including, but not limited to, smoke detectors, commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000. 1990 No 98 s 65H
397: Intoxicated person on aircraft
1: No person may—
a: board an aircraft when intoxicated; or
b: become intoxicated on an aircraft.
2: This section does not apply to a person under medical care.
3: 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.
4: A person who breaches subsection (1)﻿(a) commits an infringement offence and is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $5,000.
5: A person who breaches subsection (1)﻿(b) commits an infringement offence and is liable to—
a: an infringement fee of $600; or
b: a fine imposed by a court not exceeding $3,000.
6: In this section,— alcohol section 5(1) intoxication
a: be incapable of properly looking after themself; or
b: behave in a manner that is hazardous to the operation of the aircraft or to the health or safety of persons on the aircraft; or
c: offend against the good order and discipline required on an aircraft 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. 1990 No 98 s 65I
398: Non-compliance with commands given by pilot-in-command
1: A person 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 the pilot-in-command’s duties under section 14
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000. 1990 No 98 s 65J
399: Offensive behaviour or words
1: A person commits an offence if, on any aircraft, the person—
a: behaves in a threatening, offensive, insulting, or disorderly manner; or
b: uses threatening, offensive, or insulting words.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.
3: It is a defence in a prosecution under subsection (1)﻿(b) for using offensive or insulting words if the defendant proves that the defendant had reasonable grounds to believe that the defendant’s words would not be overheard or seen. 1990 No 98 s 65K
400: Portable electronic devices must not be operated
1: No person may operate a portable electronic device on board an aircraft in breach of the rules.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65L
401: Non-compliance with seating and safety belt instructions
1: A person must comply with an instruction given by a crew member, passenger information sign, or placard to—
a: occupy a seat or berth; or
b: fasten and keep fastened about the person any safety belt or safety harness installed, or provided by a crew member.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65M
402: No smoking
1: No person may smoke—
a: when instructed not to smoke by a crew member, passenger information signs, or placards; or
b: while on any aircraft that is carrying passengers for hire or reward on any internal flight; or
c: while on any aircraft operated by a New Zealand international airline carrying passengers on any route.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500.
3: In this section,— internal flight section 2(1) New Zealand international airline section 174 to smoke smoke smoked smoking to vape section 2(1) 1990 No 98 s 65N
403: Dangerous goods
1: No person may carry, or cause to be carried, any dangerous goods on an aircraft in breach of the rules.
2: A person who breaches subsection (1) commits an infringement offence and is liable to—
a: an infringement fee of $500; or
b: a fine imposed by a court not exceeding $2,500. 1990 No 98 s 65O Requirement for passenger to provide information
404: Requirements relating to information and verification
1: The Director or a person authorised by the Director (the Director or person section 394 395(1)﻿(d)
2: If the Director or person has reasonable grounds to suspect that any details provided are false or misleading, the Director or person may require the passenger to give the verification of those details that it is reasonable in the circumstances to require the passenger to provide.
3: The verification must be inspected without delay and returned to the passenger as soon as practicable after the inspection has concluded. 1990 No 98 s 65P(3), (4), (7)
405: Consequences for failure to comply with requirements
1: A constable may arrest a passenger without warrant if the passenger,—
a: without reasonable excuse, refuses or fails to comply with a requirement under section 404(1) or (2)
b: persists in that refusal or failure after being warned by the Director or person authorised by the Director that the passenger may be arrested for committing an offence by that refusal or failure.
2: The passenger commits an offence and is liable on conviction to a fine not exceeding $1,000 if, without reasonable excuse, the passenger—
a: refuses or fails to comply with a requirement under section 404(1) or (2)
b: gives to the Director or person authorised by the Director in response to the requirement details that are materially false or misleading. 1990 No 98 s 65P(5), (6)
406: Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence
1: This section applies if an infringement notice is issued under section 373
2: The Director or a person authorised by the Director may provide particulars of the infringement notice in accordance with 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 request for a hearing in respect of that offence.
3: The Summary Proceedings Act 1957 section 21(2)
a: the reference in section 21(1)﻿(b)
b: subsection (2) 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) section 21(3)
i: the references in sections 21(6)﻿(b) and 21(10)﻿(a)
j: each reference in sections 21A 21B 78B sections 21A 78B
k: the references to reminder notices in the definition of defendant in section 2 section 212 1990 No 98 s 65S
10: Regulations and miscellaneous provisions
1: Regulations
Regulations generally
407: Regulations
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, 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 the regulations or rules that constitute offences against this Act:
c: prescribing those breaches of the regulations or rules that constitute infringement offences against this Act:
d: prescribing those breaches of airport bylaws made under section 235
e: specifying the offences in this Act that are infringement offences:
f: prescribing the maximum fine for each offence prescribed under paragraph (b) or (c), which,—
i: in the case of an individual, must not exceed $10,000; and
ii: in the case of any other person, must not exceed $50,000:
g: prescribing infringement fees for infringement offences (other than those to which paragraph (d) applies), which,—
i: in the case of an individual, must not exceed $3,000; or
ii: in the case of any other person, must not exceed $15,000:
h: prescribing the information and documents that applicants for scheduled international air services licences under subpart 1
i: specifying, for the purposes of subpart 2
j: prescribing matters relating to maintenance, operation, access, and search of registers under this Act, including the New Zealand Register of Aircraft, the Civil Aviation Records, the register of current medical certificates, and the register of airport operators:
k: providing for anything this Act says may or must be provided for by regulations:
l: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: If regulations may prescribe the manner in which something must be done, the regulations may provide for—
a: by whom, when, where, and how the thing must be done:
b: the form of the thing:
c: what information or other evidence or documents must be provided in connection with the thing:
d: requirements with which information, evidence, or documents that are provided in connection with the thing must comply.
3: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 100(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 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
408: Provisions relating to regulations generally
1: Regulations made under this Act may—
a: provide differently for different types of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or on any other differential basis; or
b: provide differently for the same class of person, aircraft, aerodrome, aeronautical product, aviation participant, or aviation-related service or any other thing in different circumstances.
2: Regulations made under this Act are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, the Secretary, the CAA, or the Director or any other person or allow the Secretary, the CAA, or the Director or any other person to impose requirements as to the performance of any activities. 1990 No 98 s 100(2), (4) Regulations relating to carbon offsetting and reduction scheme for international aviation
409: Regulations relating to carbon offsetting and reduction scheme for international aviation
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for the purposes of subpart 3
a: how an eligible New Zealand operator may be attributed to New Zealand for the purpose of Annex 16, Vol IV of the Convention:
b: how flights are to be attributed to an eligible New Zealand operator:
c: reporting periods and the time by which any plan, report, or other thing must be submitted to the Secretary:
d: the content of an emissions monitoring plan:
e: the method or methods by which fuel emissions may be calculated (including the reduction of emissions from the use of sustainable fuels):
f: the method or methods by which fuel use may be monitored:
g: procedures for dealing with gaps in information about fuel use:
h: the method or methods by which the Secretary may calculate offsetting requirements:
i: eligible units and the requirements for an eligible New Zealand operator to cancel eligible units:
j: requirements in relation to the verification of reports:
k: persons preparing verification reports to submit the reports to the Secretary:
l: the manner in which any matter may be documented or proved:
m: requirements for the keeping of records by any person for any purposes under subpart 3
n: requirements for the supply of information to the Secretary by an eligible New Zealand operator and the process for dealing with inconsistencies in the information:
o: matters concerning the application of subpart 3
p: the emissions information required to be provided for the purpose of section 213
q: any other matter necessary or desirable to implement Annex 16, Vol IV of the Convention.
2: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Information disclosure
410: Regulations relating to information disclosure by aviation participants
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: requiring any aviation participant or class of aviation participants to provide information in relation to their activities, which may include (without limitation) information about—
i: passengers and air freight carried:
ii: take-offs and landings made:
iii: how often services provided by the aviation participant are on time:
iv: rights of passengers, consignors, consignees, and other persons under Part 8
v: airfare trends:
b: requiring any aviation participant or class of aviation participants to make the information to which any regulations made under paragraph (a) apply—
i: available to all or any of the Secretary, the CAA, or any other specified person:
ii: publicly available:
c: prescribing the manner in which information must be made available.
2: Nothing in regulations made under this section may require the provision of information in any circumstances that would be in breach of the information privacy principles in section 22
3: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
411: Regulations requiring information disclosure by specified aviation participants
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations for any or all of the following purposes:
a: requiring a specified aviation participant to make publicly available in the prescribed manner prescribed information in relation to any or all of its specified aviation activities, which may include, without limitation, information about—
i: prices, terms, and conditions:
ii: costs, pricing policies, and pricing methodologies:
iii: cost allocation policies and methodologies:
b: requiring a specified aviation participant to prepare and make publicly available in the prescribed manner prescribed financial statements—
i: in relation to the aviation participant; and
ii: in relation to any of the aviation participant’s subsidiaries or any part or division of the participant (whether or not including subsidiaries), as if the subsidiary or part or division were a separate and unrelated entity:
c: prescribing the manner in which the information and financial statements must be made publicly available:
d: requiring that the information and financial statements must be provided to the Secretary or any other person in the prescribed manner:
e: prescribing the manner in which the information and financial statements must be provided to the Secretary or any other person:
f: prescribing any standard or standards that the prescribed financial statements must comply with:
g: prescribing any methodology or methodologies that must be used in preparing prescribed financial statements:
h: prescribing requirements relating to audit, assurance, approval or certification of the information or financial statements:
i: exempting, or providing for the exemption of, any person or persons, or any class or classes of persons, from all or any of the requirements of the regulations.
2: Regulations made under this section do not apply to a specified airport company within the meaning of section 56A
3: Regulations made under this section are secondary legislation ( see Part 3
4: In this section,— specified aviation activities
a: in the case of an airport operator, identified aerodrome activities:
b: in the case of a provider of an air traffic service, air traffic services specified aviation participant
a: subject to subsection (2), every aviation participant who is an airport operator; and
b: every aviation participant who provides an air traffic service. 1966 No 51 s 9A 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
412: Information to be supplied by aviation participants to Secretary
1: A person who is required by regulations made under section 410 411
2: All statements, reports, agreements, particulars, and other information supplied by a specified aviation participant (as defined in section 411(4) 1966 No 51 s 9C 1990 No 98 s 99B
413: Offences in relation to information disclosure
1: A person commits an offence if the person—
a: fails, without reasonable excuse, to comply with any information disclosure requirements prescribed in regulations made under—
i: section 410
ii: section 411
b: fails, without reasonable excuse, to comply with a request made under section 412(1)
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $200,000. 1990 No 98 s 99C International carriage by air
414: Regulations for international carriage by air
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations—
a: prescribing any advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention:
b: prescribing any arrangements for making advance payments for compensation that carriers must make to natural persons under Article 28 of the Montreal Convention:
c: amending Schedule 6
d: replacing Schedule 6
2: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 91T 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Fees and charges
415: Regulations relating to fees and charges
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, make regulations prescribing, or providing for the fixing of, fees and charges payable for all or any of the following purposes:
a: to provide funds to establish, maintain, and operate works, facilities, and services under this Act:
b: to pay the costs and expenses that the Secretary or the CAA or any of their employees incur in exercising functions, powers, and duties, and in providing services, under this Act:
c: to reimburse the Secretary and the reviewer for costs directly and indirectly associated with the reviewer’s functions under subpart 5
d: to reimburse the CAA and the convener for costs directly and indirectly associated with the Director’s functions and the convener’s functions relating to medical certification under Schedule 2
e: generally for the purposes of civil aviation.
2: Without limiting subsection (1), the regulations may authorise the Minister to, by notice, fix fees and charges in respect of any matter specified in the regulations.
3: Different rates of fees and charges may be prescribed or fixed in respect of different classes of persons, aircraft, aerodromes, aeronautical products, aviation participants, or aviation-related services or on the basis of different times of use, or on any other differential basis.
4: The regulations may—
a: specify the persons by whom and to whom any fees or charges are payable:
b: prescribe, or provide for the payment of, 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.
5: 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.
6: This section does not limit section 407
7: Neither this section nor section 407 Airports (Cost Recovery for Processing of International Travellers) Act 2014
8: Regulations made under this section are secondary legislation ( see Part 3
9: If the regulations authorise the Minister to fix fees and charges as set out in subsection (2),—
a: a notice given by the Minister is secondary legislation ( see Part 3
b: the notice must contain a statement to that effect. 1990 No 98 s 38 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) 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 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 referred to in subsection (9)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (9)﻿(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
416: Rebate of fees or charges
1: The person or authority to whom any fees or charges are payable under the regulations may grant a rebate of fees or charges to any person who is liable to pay the fees or charges.
2: Every rebate of fees or charges granted under subsection (1) must—
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 services; and
c: be granted in accordance with the regulations. 1990 No 98 s 39
417: Payment of fees and charges
1: Subject to the regulations, every application under this Act must be accompanied by payment of all relevant prescribed fees and charges.
2: The regulations may—
a: prescribe a date by which any fee or charge is payable:
b: authorise the CAA or the Secretary to fix the date by which the fee or charge is payable:
c: provide for a discount for early payment of any fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge. 1990 No 98 s 40 Levies
418: Governor-General may impose levies
1: The Governor-General may, by Order in Council, made on the recommendation of the Minister, make regulations imposing on all or any aviation participants a levy—
a: for the purpose of enabling the CAA to carry out its functions under this Act and any other Act:
b: for the purpose of enabling the Secretary to carry out the Secretary’s functions under this Act:
c: for the purpose of enabling the reviewer to carry out their functions under subpart 5
2: The regulations may provide for a levy (whether for the purpose in subsection (1)﻿(a) to (c), or 2 of those purposes, or all) to be payable to the CAA or the Secretary.
3: Without limiting subsection (1), regulations may prescribe—
a: the rate of levy; and
b: to the extent that the regulations do not set an actual rate, how the actual rate of the levy is to be set; and
c: when and how the levy is to be paid; and
d: how the rate of the levy, and any variation of the rate, is to be notified; and
e: how levy payments are to be received, handled, and accounted for.
4: The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)﻿(a) unless—
a: the CAA has requested that the Minister make the recommendation; and
b: the Minister is satisfied that the CAA has consulted with persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate.
5: The Minister must not make any recommendation under subsection (1) in respect of a levy for the purpose in subsection (1)﻿(b) or (c) unless the Minister is satisfied that those persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister considers appropriate have been consulted.
6: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 42A 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
419: Basis on which levies may be imposed
1: Different rates of levies may be imposed or varied under section 418
2: Without limiting subsection (1), the rate of any levy imposed or varied under section 418
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. 1990 No 98 s 42B
420: Other provisions relating to levies
1: A levy imposed under section 418 section 418(1)
2: Regulations made under section 418
a: specify—
i: the persons who are liable to pay the levy ( levy payers
ii: the place at which the levy is payable:
b: either—
i: prescribe a date by which, or the occurrence of an event on or after which, any levy is payable; or
ii: authorise the CAA to fix the date by which the levy is payable:
c: require levy payers—
i: to make returns; and
ii: to maintain records relating to returns of a levy imposed under section 418
d: prescribe conditions relating to levy payers making returns:
e: prescribe conditions for the purpose of auditing records relating to levy returns under section 421
f: provide for the refund or waiver of any levy in whole or in part, in any specified case or class of cases. 1990 No 98 s 42D
421: Director may audit levy returns
1: The Director may audit the records relating to the returns of any levy imposed under section 418
2: The Director may, for the purpose of the audit,—
a: request a levy payer, with reasonable notice, to give access to the levy payer’s records relating to levy returns; and
b: access those records at any reasonable time.
3: The Director must not charge, or recover from, a levy payer any cost incurred or to be incurred by the Director or the Director’s agents in respect of an audit of records relating to levy returns.
422: Offences in relation to levy orders
1: A person who, without reasonable excuse, fails to make a return as required by regulations made under section 418
2: A person who, without reasonable excuse, fails to maintain records as required by regulations made under section 418
3: A person who makes a return required to be made by the person by regulations made under section 418
4: A person who commits an offence against subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $5,000:
b: in the case of any other person, to a fine not exceeding $25,000.
5: A person who commits an offence against subsection (3) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000, or both:
b: in the case of any other person, to a fine not exceeding $50,000. Recovery of fees, charges, and levies
423: Recovery of fees, charges, and levies
1: If a fee, charge, or levy is payable under this Act in respect of any function, power, duty, or service performed or exercised by the CAA 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 is liable to pay that fee, charge, or levy.
2: Any person who would otherwise be liable to pay a fee, charge, or levy under subsection (1) is not liable if the person—
a: proves—
i: that during any relevant period of use of the aircraft the person was not entitled, whether alone or together with some other person, to possession of the aircraft; or
ii: that another person was lawfully or unlawfully in possession of the aircraft; and
b: has taken all reasonable steps to supply the CAA with information that would identify another person who, instead of the person on the Register of Aircraft, was lawfully or unlawfully in possession of the aircraft at the time the function, power, duty, or service was performed or exercised in respect of the aircraft. 1990 No 98 s 42
424: Recovery of fee, charge, or levy as debt due to Crown
Any fee, charge, or levy payable under regulations made under this Part is recoverable in any court of competent jurisdiction as a debt due to the Crown. Processing application or providing service may be declined if fee, charge, or levy unpaid
425: Processing application or providing service may be declined if fee, charge, or levy unpaid
1: The CAA, the Director, the Secretary, or other person asked to process an application or provide a service under this Act may decline to process that application or provide that service until—
a: the appropriate fee, charge, or levy has been paid; or
b: arrangements acceptable to the CAA, the Director, the Secretary, or other person for payment of the fee, charge, or levy have been made; or
c: an outstanding debt in relation to any fee, charge, or levy payable under this Act or the regulations has been paid.
2: The CAA, the Director, the Secretary, or other person must not decline to process the application or provide the service under subsection (1) if declining to process the application or provide the service would put the safety of any person at risk. 1990 No 98 ss 41(4) 42D(3) Control of sale of alcohol at international airports
426: Regulations to control sale of alcohol at international airports
1: The Governor-General may, by Order in Council, on the recommendation of the Minister, 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 section 252(1)
b: prescribing—
i: offences in respect of the breach of, or non-compliance with, any provision of any regulations made under this section; and
ii: fines, not exceeding $1,000, that may, on conviction, be imposed in respect of any offence prescribed by regulations made under this section.
2: Regulations made under this section are secondary legislation ( see Part 3 1990 No 98 s 96(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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Regulations providing for transitional matters
427: Regulations providing for transitional matters
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in Schedule 1
b: providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meaning given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act continue to apply:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by this Act to the provisions of this Act.
2: No regulations made under this section may be made, or continue in force, later than 2 years after the date of commencement of this section.
3: Regulations made 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 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Incorporation of material by reference in secondary legislation
428: Incorporation by reference in secondary legislation
1: The following, whether in written or electronic form, may be incorporated by reference in secondary legislation made under this Act:
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 an 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 following person, is too large or impractical to print as part of the secondary legislation:
i: in the case of the Minister making a rule, the Minister; and
ii: in the case of the Director making a rule, the Director; and
iii: in the case of an Order in Council made on the recommendation of the Minister, the Minister.
2: A copy of any material incorporated by reference in secondary legislation, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Secretary or the Director (as the case may be); and
b: retained by the Director.
3: The Legislation Act 2019 section 64
4: Unless otherwise provided in the secondary legislation,—
a: section 66
b: any amendment (within the meaning of that section) of that material has immediate legal effect as part of the secondary legislation that incorporates it.
5: Clauses 1 4(1)
6: The rest of that Schedule 2
a: in the case of the Minister making a rule, to the Minister; and
b: in the case of the Director making a rule, to the Director; and
c: in the case of an Order in Council made on the recommendation of the Minister, to the Minister.
2: Airworthiness directives
429: Airworthiness directives
1: Without limiting section 32(2)
a: that an unsafe condition exists in any aircraft or aeronautical product; and
b: that the condition is likely to exist or develop in any other aircraft, or aeronautical products, of the same design.
2: The Director must give notice in the Gazette
3: An airworthiness directive comes into force on the date specified in the directive, which may be a date earlier than its notification 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 1990 No 98 s 72I(3A)–(3C)
3: Transport instruments
430: Regulations or rules may provide for transport instruments
1: A regulation or rule made under this Act may provide for any matter that could be included in that regulation or rule to be dealt with in a transport instrument, but must not do so unless,—
a: in the case of the Governor-General making the regulation or rule, the Minister has advised the Governor-General that the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the regulation or rule itself; or
b: in the case of the Minister making the rule, the Minister is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself; or
c: in the case of the Director making the rule, the Director is satisfied that the subject matter is appropriate to be in a transport instrument rather than in the rule itself.
2: A regulation or rule that provides for a transport instrument must specify whether the Secretary or the Director may make the instrument.
3: A regulation or rule that provides for a transport instrument may—
a: provide for a particular transport instrument as amended or replaced from time to time:
b: provide for any transport instrument that may be made for the purposes of that regulation or rule (even if the instrument has not been made at the time the regulation or rule is made):
c: provide for any requirements in relation to the instrument or its creation.
4: A transport instrument provided for in a regulation or rule is part of that regulation or rule.
5: To avoid doubt,—
a: a transport instrument has effect only to the extent that a regulation or rule made under this Act refers to it; and
b: a breach of a transport instrument is a breach of the regulation or rule that provides for the instrument.
6: If a regulation or rule provides for a transport instrument,—
a: a transport instrument made under the regulation or rule is secondary legislation ( see Part 3
b: the regulation or rule must contain a statement to that effect.
7: If, under the Legislation Act 2019
8: A transport instrument to which subsection (6) 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 the person immediately after it is served on the person (even though it is not 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 referred to in subsection (6)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (6)﻿(a) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
431: Specified person may make transport instruments
1: A specified person may make a transport instrument.
2: A specified person must not delegate the power to make, amend, or revoke a transport instrument.
3: In this section and section 432 specified person
a: the Secretary:
b: the Director.
432: Procedures relating to transport instruments
1: The specified person must not make a transport instrument unless satisfied that all persons and organisations that the specified person thinks appropriate have been consulted, having regard to the subject matter of the proposed instrument.
2: Subsection (1) does not apply to a transport instrument that amends another transport instrument if the specified person is satisfied that the amendment is minor or technical.
4: Cape Town Convention and Aircraft Protocol
433: Interpretation in this Part
1: In this Part, unless the context otherwise requires,— Aircraft Protocol
a: which opened for signature at Cape Town on 16 November 2001; and
b: the English text of which is set out in Schedule 8 Cape Town Convention
a: which opened for signature at Cape Town on 16 November 2001; and
b: the English text of which is set out in Schedule 7 Contracting State declaration deregistration 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. 1990 No 98 s 104
434: Cape Town Convention and Aircraft Protocol to have force of law
1: The provisions of the Cape Town Convention and the Aircraft Protocol have the force of law in New Zealand.
2: Despite subsection (1), the operation of the Cape Town Convention and the Aircraft Protocol in New Zealand is subject to any declaration that New Zealand has made under the Convention or Protocol. 1990 No 98 s 105
435: Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
1: The provisions of the Cape Town Convention and the Aircraft 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.
2: Despite subsection (1), the operation of the Cape Town Convention and the Aircraft Protocol in New Zealand is subject to any declaration that New Zealand has made under the Convention or Protocol. 1990 No 98 s 106
436: 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 in Council made under this section is secondary legislation ( see Part 3 1990 No 98 s 107 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 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.
437: Certificates about Contracting States
1: The 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 or otherwise authenticated under subsection (1) is conclusive evidence for all purposes of the matters stated in the certificate. 1990 No 98 s 108
438: Irrevocable deregistration and export request authorisations
1: A debtor must submit an irrevocable deregistration 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 deregistration 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 CAA must record the irrevocable deregistration and export request authorisation on the New Zealand Register of Aircraft. 1990 No 98 s 109
439: Deregistration requests
1: An authorised party (or the authorised party’s certified designee) may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(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 deregistration 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 request under subsection (1) that is accompanied by the applicable statement specified in subsection (2), the Director must revoke the relevant certificate of registration—
a: as soon as practicable; but
b: in any event, within 5 working days of receiving the request.
5: If the Director revokes a certificate of registration under subsection (4), the CAA must remove the registration from the New Zealand Register of Aircraft. 1990 No 98 s 110
440: Removal requests
1: An authorised party (or the authorised party’s certified designee) may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(3)
2: A debtor may, in accordance with the relevant irrevocable deregistration and export request authorisation recorded under section 438(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 cancel the relevant irrevocable deregistration and export request authorisation—
a: as soon as practicable; but
b: in any event, within 5 working days of receiving the request.
5: If the Director cancels an irrevocable deregistration and export request authorisation under subsection (4), the CAA must remove the authorisation from the New Zealand Register of Aircraft. 1990 No 98 s 111
441: Director must prescribe and publish forms for requests
The Director must prescribe and publish, on an Internet site maintained by, or on behalf of, the CAA, the forms that an authorised party (or the authorised party’s certified designee) must use to make a request for the deregistration of an aircraft under section 439 1990 No 98 s 112
442: Director must not exercise certain powers
The Director must 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. 1990 No 98 s 113
5: Review of Director’s decisions
443: Interpretation
In this subpart, unless the context otherwise requires,— applicant
a: a person in respect of whom a decision is made; or
b: the owner, operator, or person for the time being in charge of an aircraft or aeronautical product that is the subject of a decision decision
a: means a decision specified in the regulations that is made by the Director under this Act or a person to whom the Director has delegated functions or powers under this Act; and
b: includes the process by which a decision referred to in paragraph (a) is made final decision section 448 reviewer section 449
444: Relationship between review and appeal under section 453
1: This section applies if an applicant has made an application for a review under section 446 section 453
2: An applicant must not appeal against the decision under section 453
a: unless the applicant withdraws or is deemed to have withdrawn the application for review; or
b: until the Director has notified the applicant of a final decision under section 448
3: The time for bringing an appeal under section 453
a: the day on which an applicant withdraws or is deemed to have withdrawn their application; or
b: the day on which the applicant is notified of a final decision under section 448 Provisions relating to reviews
445: Decision under review
1: An applicant may apply under section 446
2: A decision under review remains in force until the Director makes a final decision under section 447
446: Application for review
1: An application for review must—
a: be made by an applicant in writing; and
b: be made within 20 working days after the date on which the applicant was notified of the decision to which the application relates; and
c: identify the aspects of the decision that the applicant is applying to have reviewed.
2: The reviewer may reject an application for review if satisfied that the application—
a: does not adequately identify the aspects of the decision that the applicant is applying to have reviewed; or
b: is trivial, frivolous, or vexatious; or
c: is otherwise an abuse of process.
3: If the reviewer rejects an application for review, the application is deemed to have been withdrawn.
447: Review procedure
1: The reviewer must, as soon as practicable, review the decision.
2: The reviewer—
a: may draw on the advice and expertise of any person who the reviewer is satisfied is suitably qualified and experienced to assist the reviewer in assessing the decision that is under review; and
b: may regulate the procedure of the review, subject to subsection (4); and
c: may require the applicant, the Director, or any other person to provide evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
d: must receive and consider all relevant evidence provided under this section; and
e: must have regard to the purposes of this Act and the Director’s duties under this Act when carrying out the review.
3: The applicant, Director, or other person—
a: must provide evidence requested by the reviewer under subsection (3)﻿(c); and
b: may provide relevant evidence to the reviewer regarding any matter at issue with respect to the decision that is under review; and
c: must participate in the review process either directly or through a nominated representative.
4: A review must be conducted in private between the parties and any persons whom the reviewer has drawn on for advice or expertise or has required to provide evidence.
5: The reviewer must, as soon as practicable, report their recommendations to the applicant and the Director in writing.
448: Final decision
1: The Director must, within 10 working days of receiving the reviewer’s report,—
a: make a final decision on whether to accept any or all of the reviewer’s recommendations; and
b: notify the applicant, in writing, of the final decision and the reasons for the final decision.
2: If the parties agree, the Director may, at any time before the reviewer reports their recommendations to the Director, make a final decision in the applicant’s favour.
3: If the Director makes a final decision under subsection (2),—
a: the Director must notify the applicant, in writing, of a final decision made under subsection (2) and the reasons for the final decision; and
b: the applicant is deemed to have withdrawn the application on the day the applicant receives the notification under paragraph (a). General provisions
449: Appointment of reviewer
1: The Minister must—
a: appoint 1 or more reviewers for a period of no longer than 3 years; and
b: consult the Director, and other parties as the Minister thinks fit, before making an appointment; and
c: take into account any representations made under paragraph (b).
2: The Minister may renew an appointment made under subsection (1) for 1 or more periods, each of which must not exceed 3 years.
3: If the Minister renews an appointment, the Minister must—
a: consult 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 Minister may—
a: appoint an interim reviewer for a period of no longer than 6 months; and
b: renew an appointment under paragraph (a) for 1 or more periods, each of which may not exceed 6 months.
450: Office of reviewer
1: A reviewer must—
a: have the necessary experience and expertise to perform the functions of a reviewer under this subpart; and
b: be able to represent the public interest in aviation safety.
2: A reviewer continues in office despite the expiry of the person’s term until a successor is appointed, the reviewer’s appointment is renewed, or the Minister advises that the reviewer is not to be replaced.
3: Subsection (2) does not apply to an interim reviewer appointed under section 449(4)
451: Cancellation of appointment or resignation
1: The Minister may cancel a person’s appointment under section 449
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 the person’s 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.
4: A reviewer may resign at any time by notice in writing addressed to the Minister.
452: Reviewer’s protection from liability
A reviewer is not subject to any civil or criminal liability for doing any act in good faith in the course of performing their functions under this Act.
6: Rights of appeal
453: Appeal to District Court
1: A person may appeal to the District Court against a specified decision made under this Act by the Director, an inspector, or the Secretary if another section of this Act gives the person a right of appeal under this section and—
a: the person—
i: is a person in respect of whom the decision was made; and
ii: is dissatisfied with the decision; or
b: the person is the owner, operator, or person for the time being in charge of the aircraft or aeronautical product that is the subject of the decision.
2: The court may confirm, reverse, or modify the decision appealed against.
3: In this section, a specified decision
a: to decline to register an aircraft under section 37
b: concerning the grant, issue, revocation, or suspension of an aviation document:
c: to impose conditions on an aviation document:
d: to issue an improvement notice under section 298
e: to issue a non-disturbance notice under section 302
f: to exercise powers under section 313 section 314
g: concerning the issue of a medical certificate under Schedule 2
h: to impose or amend conditions, restrictions, or endorsements on a medical certificate under clause 15(a)
i: to disqualify a licence holder under clause 15(c) of Schedule 2
j: to revoke a medical certificate under clause 15(d) 16
k: concerning the implementation of the results of a report by the convener under clause 4 21
l: to amend a New Zealand AOC with ANZA privileges or withdraw those privileges under section 93(3)
m: to suspend or cancel an airport operator’s registration under section 225 1990 No 98 s 66(1), (2), (5)
454: Consequences of appeal to District Court
If an appeal to the District Court is lodged under section 453
a: every decision of the Director appealed against continues in force; and
b: no person is excused from complying with any of the provisions of this Act on the ground that an appeal is pending. 1990 No 98 s 66(3)
455: Further action of Director after appeal determined
1: Even though an appeal under section 453
a: aviation document to which the appeal related; or
b: person to whom the appeal related; or
c: aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal.
2: Any action taken by the Director under subsection (1) is subject to the like right of appeal as the decision originally appealed against. 1990 No 98 s 66(4)
456: Appeal to High Court on question of law
1: A party to an appeal under section 453
2: The High Court Rules 2016 sections 126 to 130 section 124 1990 No 98 s 69
457: Further appeal to Court of Appeal
1: A party to an appeal on a question of law under section 456
a: with the leave of the High Court; or
b: if the High Court refuses leave, with special leave of the Court of Appeal.
2: On any appeal under subsection (1), the Court of Appeal may make an order or a determination as it thinks fit.
3: The decision of the Court of Appeal is final—
a: on an appeal under this section; or
b: on an application for special leave to appeal to the court.
4: Subject to this section, the procedure in respect of any appeal under this section must be in accordance with the rules of court. 1990 No 98 s 70
7: Other miscellaneous provisions
Delegations
458: Delegation of certain functions of Minister to CAA
1: The Minister may delegate to the CAA the whole or any part of the Minister’s function of administering New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which New Zealand is a party.
2: A delegation under this section must be in writing.
3: A delegation under this section must not include the power to delegate under this section.
4: Despite subsection (1), the Minister must not delegate the Minister’s power to make rules under this Act.
5: The power of the Minister to delegate under this section—
a: is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
b: does not limit any power of delegation conferred on the Minister by any other Act.
6: Despite any delegation made under this section, nothing—
a: affects or prevents the Minister’s performance of any function or the exercise of any power that the Minister has delegated; and
b: affects the responsibility of the Minister for the actions of any person acting under the delegation. 1990 No 98 ss 22(1)–(4), (7) 28(9)
459: Further provisions regarding delegation of Minister’s functions or powers to CAA
1: The CAA may perform any functions or exercise the powers delegated to the CAA under section 458
a: in the same manner and with the same effect as if they had been conferred on the CAA directly by this section and not by delegation; and
b: subject to any directions given or conditions imposed by the Minister.
2: If the CAA purports to act under any delegation under section 458
3: The CAA must not delegate any functions or powers delegated to the CAA by the Minister without the written consent of the Minister. 1990 No 98 s 22(5), (6), (8)
460: Delegation of Director’s functions or powers to employees of CAA
1: The Director may delegate to any employee of the CAA any of—
a: the Director’s functions and powers under this or any other Act; or
b: the functions or powers delegated to the Director under this Act.
2: A delegation under this section must be in writing.
3: Despite subsection (1), the Director must not delegate the power under section 98
4: Subsection (1) is subject to any other provision of this Act that provides that the Director must not delegate a particular function or power.
5: The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister. 1990 No 98 s 23A(1), (2), (4), (6)
461: Further provisions regarding delegation of Director’s functions or powers to employees of CAA
1: A delegation under section 460
a: to a specified employee of the CAA; or
b: to CAA employees of a specified class; or
c: to the holder or holders for the time being of a specified office of the CAA; or
d: to the holder or holders for the time being of a specified class of offices of the CAA.
2: A delegation under section 460
3: For the purposes of this section and section 460 sections 73(4) 74 to 76 1990 No 98 s 23A(5), (7), (8)
462: Delegation of Director’s functions or powers to persons outside CAA
1: The Director may delegate to any person who is not an employee of the CAA any of the Director’s functions and powers under this Act.
2: The Director must not delegate under subsection (1)—
a: the power under section 98
b: the power under section 102
c: the power under section 373
3: Subsection (1) is subject to any other provision of this Act that provides that the Director must not delegate a particular function or power.
4: A function or power that may be delegated under subsection (1) to a person in New Zealand who is not an employee of the CAA 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.
5: A delegation under this section must be in writing.
6: A delegation must not be made under this section without the written consent of the Minister.
7: In any case where the Director has delegated any functions or powers to any person under this section, the person may, with the prior approval in writing of the Minister, delegate to any other person any of those functions or powers as are so approved. 1990 No 98 s 23B(2)–(5)
463: Further provisions regarding delegation of Director’s functions or powers to persons outside CAA
1: A delegation under section 462
a: to a specified person; or
b: to persons of a specified class; or
c: to the holder or holders for the time being of a specified office; or
d: to the holder or holders for the time being of a specified class of office.
2: A delegation under section 462
3: A person purporting to act under any delegation under section 462
4: A person who performs or exercises any function or power under a delegation made under section 462 section 73
5: For the purposes of this section and section 462 sections 73(4) 74 to 76 1990 No 98 s 23B(6)–(12)
464: Restrictions on delegations in relation to AvSec
Despite sections 460 to 463 section 73
a: neither the CAA nor the Director may delegate any function or power that does not relate to the functions or powers of AvSec to any person in AvSec without the prior written approval of the Minister:
b: neither the CAA nor the Director may delegate any function or power in relation to AvSec to any person outside AvSec without the prior written approval of the Minister. 1990 No 98 s 23C Disclosure or publication of information by CAA
465: Disclosure or publication of information
1: This section applies if the CAA obtains information or gains access to a document in performing or exercising any function, duty, or power under civil aviation legislation.
2: The CAA may publish or disclose, or direct any person to publish or disclose, any information or document to which this section applies only if—
a: the publication or disclosure of the information or document is for the purpose of promoting any of the main or additional purposes of this Act, and the CAA or the person ensures that the information does not identify, and could not reasonably be expected to identify, any particular person; or
b: the information or document is available to the public under any legislation or is otherwise publicly available; or
c: the information is in a statistical or summary form; or
d: the publication or disclosure of the information or document is—
i: for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed on the CAA or the Director under this Act or any other Act (including the Official Information Act 1982
ii: to—
A: a designated agency or an overseas agency in accordance with section 466
B: TAIC in accordance with section 50
iii: to a person who the CAA is satisfied has a proper interest in receiving the information or document; or
iv: with the consent of the person to whom the information or document relates or the person to whom the information or document is confidential; or
v: required or authorised by law or an order of a court; or
vi: required to meet New Zealand’s obligations in relation to reporting of an accident involving aircraft, or a serious incident in accordance with the provisions of the Convention.
3: The CAA must not publish or disclose, or direct a person to publish or disclose, any information or document under subsection (2)﻿(d)﻿(iii) unless the CAA is satisfied that appropriate protections are or will be in place for the purpose of maintaining the confidentiality of the information or document (in particular, information that is personal information within the meaning of the Privacy Act 2020
4: In relation to personal information within the meaning of the Privacy Act 2020
a: for the purposes of section 24
b: this section does not otherwise limit the Privacy Act 2020 Information sharing by CAA
466: Sharing of information between CAA, designated agencies, and overseas agencies
1: The CAA may, subject to any legislation, provide a designated agency or an overseas agency with any information, or a copy of any document, that it—
a: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to civil aviation legislation; and
b: considers may assist, as the case may be,—
i: the designated agency in the performance or exercise of the designated agency’s functions, duties, or powers under or in relation to any legislation; or
ii: the overseas agency in the performance or exercise of the overseas agency’s functions, powers, or duties under foreign law.
2: The CAA may use any information, or a copy of any document, provided to it by a designated agency under any legislation, or by an overseas agency, in the CAA’s performance or exercise of its functions, powers, or duties under civil aviation legislation.
3: The CAA (when providing information or a document under subsection (1)) or a designated agency (when providing information or a document as referred to in subsection (2)) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
4: This section applies despite anything to the contrary in any contract, deed, or document.
5: In this section,— designated agency
a: the New Zealand Police:
b: the New Zealand Transport Agency:
c: the New Zealand Customs Service:
d: the Ministry for Primary Industries:
e: the Ministry of Foreign Affairs and Trade:
f: the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that ministry:
g: the Ministry of Health:
h: the Ministry of Transport:
i: Maritime New Zealand:
j: the EPA:
k: a local authority:
l: Fire and Emergency New Zealand:
m: a designated agency under the Health and Safety at Work Act 2015:
n: a medical examiner appointed under this Act:
o: a medical officer of health:
p: WorkSafe New Zealand:
q: any other agency specified as a designated agency for the purpose of this section by the regulations EPA section 7 local authority section 5(1) medical officer of health
a: has the same meaning as in section 2(1)
b: includes the officers referred to in section 22 overseas agency
8: Consequential and other amendments, repeals, and revocations
Amendments to Airport Authorities Act 1966
467: Principal Act
Sections 468 to 473 Airport Authorities Act 1966 2025-04-05 Airport Authorities Act 1966 if not earlier brought into force by OIC
468: New section 2AB inserted (Transitional, savings, and related provisions)
After section 2A
2AB: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
469: Section 3 amended (Airport authorities may establish and carry on airports)
Replace subsection (4) with:
4: Despite subsections (1) and (3), no Order in Council may be made under this section on or after the date on which section 487
470: Section 9 amended (Bylaws)
1: Replace section 9(1)﻿(e)
e: regulating (other than on a road as defined in section 2(1) of the Land Transport Act 1998) traffic, whether pedestrian or vehicular, and the provision and use of parking places for vehicles at the airport:
2: After section 9(7)
7A: For the purpose of a bylaw to which subsection (7) applies, the definition of enforcement authority in section 2(1) of the Land Transport Act 1998 and sections 22AD(1A), 139(7), and 141(8) of that Act (as they were immediately before the date on which section 487 2023 section 486
471: Section 10 amended (Repeals and savings)
In section 10(1) the Schedule Schedule 2
472: New Schedule 1 inserted
Insert the Schedule 1 set out in Schedule 10
473: Schedule amended
In the Schedule Schedule Schedule 2 Amendments to Aviation Crimes Act 1972
474: Principal Act
Sections 475 476 Aviation Crimes Act 1972 2025-04-05 Aviation Crimes Act 1972 unless brought into force earlier by OIC
475: Section 2 amended (Interpretation)
In section 2(1) landside security area
476: Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)
1: In the heading to section 11 sterile area landside security area, sterile area,
2: In section 11(1A) sterile area landside security area, a sterile area,
3: In section 11(1B)﻿(b) sterile area landside security area, a sterile area, Amendments to Maritime Transport Act 1994
477: Principal Act
Sections 478 479 Maritime Transport Act 1994 2025-04-05 Maritime Transport Act 1994 unless brought into force earlier by OIC
478: New sections 199 and 199A inserted
After the cross-heading above section 200
199: 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). 1990 No 98 s 14B
199A: Minister may direct agencies with respect to search and rescue operations
The Minister may direct the Civil Aviation Authority or Maritime New Zealand, or any other Crown entity or government agency for which the Minister is responsible and whose functions are consistent with search and rescue operations, to do any or all of the following:
a: operate and maintain the search and rescue co-ordination centre established under section 199(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 199(1)﻿(b) and (c) and (2) 1990 No 98 s 14C
479: Section 431 amended (Functions of Authority)
Replace section 431(3)
3: The Authority must, if directed by the Minister under section 199A
a: maintain and operate the search and rescue co-ordination centre established under section 199(1)﻿(a)
b: co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 199(1)﻿(a)
c: perform, or participate in the performance of, any search and rescue operation specified in section 199(1)﻿(a)
d: exercise any or all of the powers of the Minister under section 199(1)﻿(b) and (c) and (2) Amendment to Transport Accident Investigation Commission Act 1990
480: Principal Act
Section 481 Transport Accident Investigation Commission Act 1990 2025-04-05 Transport Accident Investigation Commission Act 1990 unless brought into force earlier by OIC
481: Section 14A amended (Interpretation)
In section 14A cockpit video recorder
a: a cockpit video recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other video recording device approved for installation under rules made under the Civil Aviation Act 2023 and installed for the purpose of complementing an accident or incident investigation cockpit video recording cockpit voice recorder
a: a cockpit voice recorder that is required to be installed in any aircraft (whether or not it is required to be installed in that aircraft) for the purpose of complementing an accident or incident investigation; or
b: any other voice recording device approved for installation under rules made under the Civil Aviation Act 2023 and installed for the purpose of complementing an accident or incident investigation cockpit voice recording Amendments to Public Works Act 1981
482: Principal Act
Section 483 Public Works Act 1981 2025-04-05 Public Works Act 1981 unless brought into force earlier by OIC
483: Section 2 amended (Interpretation)
1: In section 2 aerodrome
2: In section 2 airport authority
3: In section 2 local authority Amendment to Legislation (Publication) Regulations 2021
484: Principal regulations
Section 485 Legislation (Publication) Regulations 2021 2025-04-05 Legislation (Publication) Regulations 2021 24 months after date of assent if not brought into force earlier by OiC (see 2 (2(2))
485: Schedule 3 amended
In Schedule 3, Part 2 Epidemic Preparedness Act 2006 The following table is small in size and has 2 columns. This table is an amendment to the table in Schedule 3 of the Legislation (Publication) Regulations 2021 and should be read with that table to provide understanding of the context. Civil Aviation Act 2023 ss 52, 63, 64, 67, 70, 152, 154, 322(1)﻿(b) Publication not required if publication is inappropriate for reasons of security s 430 (where transport instrument provided for by rule made under s 52, 63, or 70) Consequential amendments
486: Consequential amendments
Amend the legislation specified in Schedule 9 2025-04-05 Admiralty Act 1973 Airport Authorities Act 1966 Airports (Cost Recovery for Processing of International Travellers) Act 2014 Animal Welfare Act 1999 Antarctic Marine Living Resources Act 1981 Antarctica Act 1960 Antarctica (Environmental Protection) Act 1994 Auckland Airport Act 1987 Aviation Crimes Act 1972 Biosecurity Act 1993 Births, Deaths, Marriages, and Relationships Registration Act 1995 Births, Deaths, Marriages, and Relationships Registration Act 2021 Brokering (Weapons and Related Items) Controls Act 2018 Civil Defence Emergency Management Act 2002 Commerce Act 1986 Companies Act 1993 Conservation Act 1987 Coroners Act 2006 Corporations (Investigation and Management) Act 1989 Crimes Act 1961 Crown Proceedings Act 1950 Customs and Excise Act 2018 Disputes Tribunal Act 1988 Dog Control Act 1996 Fire and Emergency New Zealand Act 2017 Forests Act 1949 Geneva Conventions Act 1958 Goods and Services Tax Act 1985 Hazardous Substances and New Organisms Act 1996 Health Act 1956 Health and Safety at Work Act 2015 Immigration Act 2009 Income Tax Act 2007 Insolvency Act 2006 Land Transport Act 1998 Legislation Act 2019 Litter Act 1979 Local Government Act 2002 Local Government Official Information and Meetings Act 1987 Local Government (Rating) Act 2002 Marine and Coastal Area (Takutai Moana) Act 2011 Marine Mammals Protection Act 1978 Maritime Security Act 2004 Maritime Transport Act 1994 Mercenary Activities (Prohibition) Act 2004 National Parks Act 1980 Ngāti Awa Claims Settlement Act 2005 Ngāti Hauā Claims Settlement Act 2014 Official Information Act 1982 Ombudsmen Act 1975 Outer Space and High-altitude Activities Act 2017 Personal Property Securities Act 1999 Property Law Act 2007 Public Audit Act 2001 Receiverships Act 1993 Reserves Act 1977 Reserves and Other Lands Disposal Act 1973 Resource Management Act 1991 Russia Sanctions Act 2022 Sale and Supply of Alcohol Act 2012 Search and Surveillance Act 2012 Smokefree Environments and Regulated Products Act 1990 Summary Proceedings Act 1957 Te Urewera Act 2014 Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Terrorism Suppression Act 2002 Transport Accident Investigation Commission Act 1990 Wellington Airport Act 1990 Wild Animal Control Act 1977 Biosecurity (Border Processing Levy) Order 2015 Civil Aviation Charges Regulations (No 2) 1991 Civil Aviation (Safety and Security) Levies Order 2002 Customs and Excise (Border Processing Levy) Order 2015 Electricity (Safety) Regulations 2010 Exclusive Economic Zone and Continental Shelf (Environmental Effects—Permitted Activities) Regulations 2013 Health and Safety at Work (Hazardous Substances) Regulations 2017 Lake Taupō (Crown Facilities, Permits, and Fees) Regulations 2004 Land Transport (Driver Licensing) Rule 1999 Marine Mammals Protection Regulations 1992 Outer Space and High-altitude Activities (Licences and Permits) Regulations 2017 Ozone Layer Protection Regulations 1996 Personal Property Securities Regulations 2001 Resource Management (Approval of Queenstown Airport Corporation Limited as Requiring Authority) Order 1992 Resource Management (Approval of Waikato Regional Airport Limited as Requiring Authority) Order 1992 Resource Management (Approval of Wellington International Airport Limited as Requiring Authority) Order 1992 Summary Proceedings (Orders of Reparation) Order 2011 United Nations (Iran—Joint Comprehensive Plan of Action) Regulations 2016 United Nations Sanctions (Central African Republic) Regulations 2014 United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017 United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 United Nations Sanctions (Iraq) Regulations 1991 United Nations Sanctions (ISIL (Da’esh), Al-Qaida, and Taliban) Regulations 2007 United Nations Sanctions (Lebanon) Regulations 2008 United Nations Sanctions (Libya) Regulations 2018 United Nations Sanctions (Somalia) Regulations 2018 United Nations Sanctions (South Sudan) Regulations 2015 United Nations Sanctions (Sudan) Regulations 2004 United Nations Sanctions (Yemen) Regulations 2014 if not brought into force earlier by OiC (see 2 (2(2)) Repeals
487: Repeal of Civil Aviation Act 1990
The Civil Aviation Act 1990 2025-04-05 Civil Aviation Act 1990 Can be brought into force on earlier date by OiC (see s 2(2)). Note that this date affects when sections 488 and 489(1)﻿(f) & (3) come into force
488: Repeal of Airport Authorities Act 1966
The Airport Authorities Act 1966 section 487 2030-04-05 Airport Authorities Act 1966 See section 487 and schedule 1 clause 44 Revocations
489: Revocations
1: The following notices are revoked:
a: Direction to Require Screening Notice 2007
b: Civil Aviation (Direction to Require Screening and Searching) Notice 2018
c: Notice of Direction to Require Screening ( Gazette 2016-au6778
d: Direction to Require Screening Notice 2007 Gazette
e: Notice of Direction to Require Screening and Reasonable Searches Gazette
f: any other notice made under section 77A 77B section 487
g: Provision of Aviation Security Services Pursuant to section 79A of the Civil Aviation Act 1990 Gazette
2: The Civil Aviation (Offences) Regulations 2006
3: Any ordinary rule made under the Civil Aviation Act 1990 section 487
4: The following orders are revoked:
a: Civil Aviation (Montreal Convention) Order 2010
b: Civil Aviation (Montreal Convention) Order 2020 2025-04-05 Direction to Require Screening Notice 2007 Civil Aviation (Direction to Require Screening and Searching) Notice 2018 Civil Aviation (Offences) Regulations 2006 Civil Aviation (Montreal Convention) Order 2010 Civil Aviation (Montreal Convention) Order 2020 Can be brought into force on earlier date by OiC (see s 2(2)). Second amends note may be required if section 487 is brought into force on a different date to this section