Title

1 Short Title and commencement

2 Interpretation

3 Act to bind the Crown

4 Application of Act

5 Civil Aviation Authority [Repealed]

Part 1
Entry into the civil aviation system

6 Requirement to register aircraft

7 Requirement for aviation document

8 Application for aviation document

9 Grant or renewal of aviation document

10 Criteria for fit and proper person test

11 Rights of persons affected by proposed adverse decisions

Part 1A
ANZA mutual recognition

Preliminary provisions

11A Purpose

Australian AOCs with ANZA privileges

11B Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand

11C New Zealand temporary stop notice

11D Contents of New Zealand temporary stop notice

11E Director to notify CASA about New Zealand temporary stop notice

AOCs with ANZA privileges

11F Requirements for AOCs with ANZA privileges

11G Grant of New Zealand AOC with ANZA privileges

11H Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges

11I Change of country of certification

11J Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority

Part 2
Functions, powers, and duties of participants in the civil aviation system

12 General requirements for participants in civil aviation system

13 Duties of pilot-in-command

13A Duties of pilot-in-command and operator during emergencies

14 Objectives of Minister

14A Functions of Minister

14B Search and rescue operations

14C Minister may direct agencies with respect to search and rescue operations

15 Director may require or carry out safety and security inspections and monitoring

15A Power of Director to investigate holder of aviation document

16 Director of Civil Aviation Safety [Repealed]

17 Power of Director to suspend aviation document or impose conditions

18 Power to revoke aviation document or impose conditions

19 Criteria for action taken under section 17 or section 18

20 Power of Director to amend or revoke aviation document in other cases

21 Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions

22 Delegation of Minister's functions or powers to Authority

23 Delegation of Authority's functions or powers to employees of Authority [Repealed]

23A Delegation of Director's functions or powers to employees of Authority

23B Delegation of Director's functions or powers to persons outside Authority

23C Restrictions on delegations

24 General power of entry

25 Powers of entry of Corporation

26 Obligation to notify all accidents and incidents

26A Obligation to identify pilot-in-command

27 Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission

Part 2A
Medical certification

27A Interpretation

27B Power of Director to issue medical certificate

27C Changes in medical condition of licence holder

27D Medical examination, report, and disclosure

27E Expiry of medical certificate

27F Designation of aviation examiners and medical examiners

27G General directions and emergency directives

27H Investigation of medical condition of licence holder

27I Revocation, suspension, amendment, and surrender of medical certificate

27J Appointment of convener and deputy convener

27K Cancellation of appointment as convener or deputy convener

27L Review of decisions regarding medical certificates or applications

27M Referral to convener by agreement

27N Delegation of Director's powers under this Part to medical practitioners who are employees of Authority

27O Delegation of Director's power under this Part to medical examiners who are not employees of Authority

27P Right of appeal to District Court

27Q Transitional provisions

27R Savings

Part 3
Rules

28 Power of Minister to make ordinary rules

29 Rules relating to safety and security

29A Rules relating to airspace

29B Rules for noise abatement purposes

30 Rules relating to general matters

31 Power of Director to make emergency rules

32 Procedures relating to rules

33 Matters to be taken into account in making rules

34 Procedure for making ordinary rules

34A Governor-General may make ordinary rules

35 Procedure for making emergency rules

36 Incorporation by reference

37 Exemption power of Director

Part 4
Fees and charges

38 Fees and charges

39 Rebates

40 Payment of fees and charges

41 Suspension or revocation of aviation document where prescribed fees or charges unpaid

42 Recovery of fees and charges for aviation related services

Levies

42A Governor-General may impose levies

42B Basis on which levies may be imposed

42C Levy orders to be confirmed

42D Other provisions relating to levies

Part 5
Offences and penalties

Safety offences

43 Endangerment caused by holder of aviation document

43A Operating aircraft in careless manner

44 Dangerous activity involving aircraft, aeronautical product, or aviation related service

44A Failure to comply with inspection or monitoring request

45 Court may disqualify holder of aviation document or impose conditions on holding of document

46 Acting without necessary aviation document

46A Acting without required medical certificate

46B Fraudulent, misleading, or intentionally false statements to obtain medical certificate

46C Failure to disclose information required by Director

46D Failure to provide information to Director relating to Australian AOCs with ANZA privileges

46E Failure to cease conducting air operations in New Zealand

47 Additional penalty for offences involving commercial gain

General offences

48 Applying for aviation document while disqualified

49 Communicating false information or failing to disclose information relevant to granting or holding of aviation document

49A Carrying on scheduled international air service without licence or contrary to licence

49B Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence

50 Obstruction of persons duly authorised by Director

50A Failure or refusal to produce or surrender documents

51 Trespass

52 Failure to maintain accurate records

52A Failure to notify emergency breach of Act or regulations or rules

52B Failure to notify accident or incident

52C Failure to provide identifying information

53 Contravention of emergency rule, prohibition, or condition

53A Flight over foreign country without authority or for improper purpose

Security offences

54 Security area and security enhanced area offences

55 Personation or obstruction of aviation security officer

56 Communicating false information affecting safety

56A Security check offences

Infringement offences

57 Infringement offences

58 Infringement notices

Disqualification

59 Effect of disqualification

60 Commencement of period of disqualification

61 Retention and custody of document

62 Removal of disqualification

63 Particulars of disqualification orders, etc, to be sent to Director

64 Appeals against disqualification

Offences punishable on summary conviction

65 Offences to be punishable on summary conviction

Part 5A
Unruly passenger offences

Preliminary provisions

65A Application of this Part

65B Liability for offences against this Part despite extraterritoriality

65C Liability for offences under Summary Offences Act 1981 despite extraterritoriality

65D Foreign aircraft outside New Zealand

65E Proceedings for offences

Unruly passenger offences

65F Strict liability for acts endangering safety

65G Disruptive conduct towards crew member

65H Interference with aircraft

65I Intoxicated persons on aircraft

65J Non-compliance with commands given by pilot-in-command

65K Offensive behaviour or words

65L Portable electronic devices not to be operated

65M Non-compliance with seating and seatbelt instructions

65N No smoking

65O Dangerous goods

65P Procedure for certain unruly passenger offences

65Q Form of infringement notice

65R Payment of fees

65S Filing of notices

65T Savings

Part 6
Rights of appeal

66 Appeal to District Court

67 Procedure [Repealed]

68 Decision of Director to continue in force pending appeal, etc [Repealed]

69 Appeal to High Court on question of law

70 Further appeal to Court of Appeal

71 Evidence and proof

72 Evidence of air traffic services provider

Part 6A
Civil Aviation Authority of New Zealand

72A Civil Aviation Authority of New Zealand established

72AA Objective of Authority

72B Functions of Authority

72C Authority to comply with policy directions [Repealed]

72CA Surplus of Aviation Security Service funds payable to the Crown

72D Authority to have powers of natural person [Repealed]

72E Authority to consider delegating or contracting out of functions and powers

72F Extra information to be included in statement of intent

72G Service charter

72H Use of words Civil Aviation Authority

72I Director of Civil Aviation

72J Acting Director of Civil Aviation

72K Powers of Director in relation to examinations, etc

72L General Manager of Aviation Security Service

72M Acting General Manager of Aviation Security Service

72N Use of words Aviation Security Service

72O References to Director to be read as General Manager of Aviation Security Service in certain circumstances

Part 7
Registries and information services

73 New Zealand Register of Aircraft

74 Civil Aviation Registry

75 Information services

Part 8
Aviation security

76 Aviation security

77 Responsibility of Minister

77A Powers and duties of Minister to require screening, searching, and seizing

77B Powers and duties of Director to require screening, searching, and seizing

77BA Certain Gazette notices may not include security sensitive information

77C Transitional provisions for screening

77F Powers and duties of Director relating to security checks

77G Review procedures for security check determinations

77H Offence to carry out activity while authorisation withdrawn or after authorisation revoked

77I Offence to fail to comply with Director's requirement to withdraw or revoke authorisation

78 Aviation Security Service [Repealed]

79 Authorised aviation security service providers

79A Further provisions relating to Aviation Security Service

80 Powers, functions, and duties of Aviation Security Service

80A Powers and duties of aviation security officer relating to dangerous goods

80B Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas

80C Powers and duties of aviation security officers relating to security enhanced areas

80D Consent to be screened or searched

80E Persons who refuse to consent to be screened or searched

80F Searches of persons refusing consent to be searched

80G Searches of persons

80H Power to require drivers to stop vehicles in security enhanced areas for screening or searching

80I Protection of aviation security officers

81 Functions and duties of other aviation security service providers

82 Security designated aerodromes and navigation installations

83 Right of access

84 Security areas and security enhanced areas

85 Powers of arrest and seizure of items or substances

86 Arrest of persons delivered to Police

87 Powers of Police

Part 8A
International air services licensing

87A Interpretation

87B Scheduled international air service not to be carried on except pursuant to licence

87C Application for licence

Scheduled international air service licences for New Zealand international airlines

87D Minister to be licensing authority for New Zealand international airlines

87E Notice of application

87F Consideration of application for scheduled international air service licence by New Zealand international airline

87G Scheduled international air service licence may be granted subject to conditions

87H Duration of scheduled international air service licence

87I Renewal of scheduled international air service licence

87J Variation of terms and conditions of scheduled international air service licence

87K Transfer of scheduled international air service licence

Scheduled international air service licences for foreign international airlines

87L Secretary to be licensing authority for foreign international airlines

87M Consideration of application for scheduled international air service licence by foreign international airline

87N Scheduled international air service licence may be granted subject to conditions

87O Duration of scheduled international air service licence

87P Renewal of scheduled international air service licence

87Q Variation of terms and conditions of scheduled international air service licence

Open aviation market licences

87R Minister may designate countries or territories for open aviation market licences

87S Secretary to be licensing authority for open aviation market licences

87T Consideration of application for open aviation market licence

87U Open aviation market licence may be granted subject to conditions

87V Duration of open aviation market licence

87W Renewal of open aviation market licence

87X Variation of terms and conditions of open aviation market licence

87Y Transfer of open aviation market licence

87Z Holder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE

Requirements on licensees

87ZA Insurance cover against liability

87ZB Returns to be furnished

Suspension and revocation of licences

87ZC Suspension of licences

87ZD Revocation of licences

Non-scheduled international flights

87ZE Commercial non-scheduled international flights not to be operated except as authorised by Secretary

Miscellaneous provisions

87ZF Provisions of this Part in addition to requirements of regulations and rules

87ZG This Part not in force in Tokelau

Part 9
International air carriage competition

88 Authorisation of contracts, arrangements, and understandings relating to international carriage by air

89 Minister may issue commission regimes

90 Authorisation of tariffs by Minister

91 Application of Commerce Act 1986

Part 9A
International carriage by air

91A Interpretation

91B Application of Guadalajara Convention

91C Conventions to have force of law

91D Inconsistency between French and English texts

91E Fatal accidents

91F Contributory negligence

91G Limitation of liability

91H Value of special drawing right

91I Time for bringing proceedings

91J Actions against High Contracting Parties

91JA Actions against Parties to Montreal Convention

91K Designation of Parties

91L Article 40A of amended Convention

91M Power to exclude aircraft in use for military purposes

Transitional provisions

91N Occurrences before commencement of this Part

91O High Contracting Parties not Party to Hague Protocol

91P High Contracting Parties not Party to Montreal Protocols

91Q High Contracting Parties not Party to Protocol No 4

91R High Contracting Parties not Party to Protocol No 2

91RA High Contracting Party or Party not Party to Montreal Convention

91S Currency equivalent notices

91T Regulations

Part 9B
Domestic carriage by air

91U Interpretation

91V Application of this Part

91W Exclusions

91X Provisions if carriage performed by actual carrier

91Y Provisions if carriage performed by successive carriers

91Z Liability of carrier in respect of delay

91ZA Avoidance of liability

91ZB Contributory negligence

91ZC Limitation of liability

91ZD Contracting out

91ZE Wilful or reckless misconduct

91ZF Servants or agents of carrier

91ZG Aggregation of damages

91ZH Aggregate liability

91ZI Just and equitable orders and awards

91ZJ Tortfeasors

91ZK Relationship between carriers

91ZL Limitation of actions

91ZM Combined carriage

Part 10
Aerodromes, facilities, and joint venture airports

92 Definition of joint venture airport

93 Powers of Minister in respect of aerodromes and facilities

94 Joint ventures

95 Retention of Crown money in joint venture airport accounts

Part 11
Miscellaneous provisions

96 Sale of liquor at international airports

96A Minister may prohibit smoking on international air routes

96B Offences in respect of smoking on international flights

96C Procedure for offence of smoking on international flight [Repealed]

96D Form of infringement notice [Repealed]

96E Payment of fees [Repealed]

96F Filing of notices [Repealed]

97 Nuisance, trespass, and responsibility for damage

98 Indemnity in respect of certain messages [Repealed]

99 Airways Corporation to be sole provider of certain airways services

99A Regulations relating to information disclosure

99B Information to be supplied to Secretary

99C Offences

99D Administration of sections 99A to 99C [Repealed]

100 Regulations

101 Repeals, revocation, amendments, and savings

102 Transitional provisions

103 Effect of Act on Civil Aviation Regulations [Repealed]

Part 12
Cape Town Convention and Aircraft Protocol

104 Interpretation

105 Cape Town Convention and Aircraft Protocol to have force of law

106 Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances

107 Governor-General may issue copies of declarations

108 Certificates about Contracting States

109 Irrevocable de-registration and export request authorisations

110 De-registration requests

111 Removal requests

112 Director must prescribe and publish forms for de-registration requests

113 Director may not exercise certain powers

Schedule 1
Enactments repealed

Schedule 2
Enactments amended

Schedule 3
Provisions relating to Civil Aviation Authority of New Zealand

Schedule 4
The Warsaw Convention as amended by the Hague Protocol of 1955 and the Montreal Additional Protocols Nos 1 and 2 and Protocol No 4 of 1975

Schedule 5
The Guadalajara Convention

Schedule 6
The Montreal Convention

Schedule 7
Convention on International Interests in Mobile Equipment

Schedule 8
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment

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

Reprint notes