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5 Civil Aviation Authority [Repealed]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16 Director of Civil Aviation Safety [Repealed]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23 Delegation of Authority's functions or powers to employees of Authority [Repealed]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
Search and Surveillance Act 2012
Reprint notes