Part 3 Rules

28 Power of Minister to make ordinary rules

(1)

The Minister may from time to time make rules (in this Act called ordinary rules) for all or any of the following purposes:

(a)

the implementation of New Zealand’s obligations under the Convention:

(ab)

to allow for the mutual recognition of safety certifications in accordance with the ANZA mutual recognition agreements:

(b)

the provision of aviation meteorological services, search and rescue services, and civil aviation security programmes and services:

(c)

assisting aviation safety and security, including (but not limited to) personal security:

(ca)

assisting economic development:

(cb)

improving access and mobility:

(cc)

protecting and promoting public health:

(cd)

ensuring environmental sustainability:

(ce)

any matter related or reasonably incidental to any of the following:

(i)

the Minister’s objectives under section 14:

(ii)

the Minister’s functions under section 14A:

(iii)

the Authority’s objectives under section 72AA:

(iv)

the Authority’s functions and duties under section 72B:

(v)

the Director’s functions and powers under section 72I:

(d)

any other matter contemplated by any provision of this Act.

(2)

Any ordinary rule may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation related service in different circumstances.

(3)

Any ordinary rule may apply generally throughout New Zealand or within any specified part or parts of New Zealand.

(4)

The commencement of any ordinary rule may be wholly suspended until it is applied by the Minister by notice in the Gazette.

(5)

An ordinary rule may, on any terms and conditions that are specified in the rule,—

(a)

require or provide for a matter to be determined, undertaken, or approved by the Authority, the Director, or any other person; or

(b)

empower the Authority, the Director, or any other person to impose requirements or conditions as to the performance of any activity, including (but not limited to) any procedures to be followed.

(5A)

To avoid doubt, the terms and conditions specified in an ordinary rule may provide for—

(a)

consultation to be undertaken before the exercise of any of the powers given to the Authority, the Director, or any other person by the rule; or

(b)

public notice to be given of the exercise of any powers; or

(c)

any other matter.

(6)

No breach of any ordinary rule shall constitute an offence against this Act unless that offence is prescribed in regulations made under this Act.

(7)

An ordinary rule is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(8)

So far as the bylaws of any local authority are inconsistent with or repugnant to any ordinary rule made under this Act in force in the same locality, the bylaws shall be construed subject to the rules.

(9)

Notwithstanding section 28 of the State Sector Act 1988, the Minister shall not delegate his or her power to make ordinary rules under this Act.

Section 28(1)(ab): inserted, on 30 March 2007, by section 16 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 28(1)(c): substituted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(1)(ca): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(1)(cb): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(1)(cc): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(1)(cd): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(1)(ce): inserted, on 1 December 2004, by section 5 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 28(5): substituted, on 1 August 2010, by section 5 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 28(5A): inserted, on 1 August 2010, by section 5 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 28(7): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).