Reprint as at 1 March 2016

Coat of Arms of New Zealand

Civil Aviation Act 1990

Public Act
 
1990 No 98
Date of assent
 
8 August 1990
Commencement
 
see section 1(2)
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Transport.

Contents

Title
1Short Title and commencement
2Interpretation
3Act to bind the Crown
4Application of Act
5Civil Aviation Authority [Repealed]
6Requirement to register aircraft
7Requirement for aviation document
8Application for aviation document
9Grant or renewal of aviation document
10Criteria for fit and proper person test
11Rights of persons affected by proposed adverse decisions
11APurpose
11BHolder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
11CNew Zealand temporary stop notice
11DContents of New Zealand temporary stop notice
11EDirector to notify CASA about New Zealand temporary stop notice
11FRequirements for AOCs with ANZA privileges
11GGrant of New Zealand AOC with ANZA privileges
11HAction by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
11IChange of country of certification
11JDelegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority
12General requirements for participants in civil aviation system
13Duties of pilot-in-command
13ADuties of pilot-in-command and operator during emergencies
14Objectives of Minister
14AFunctions of Minister
14BSearch and rescue operations
14CMinister may direct agencies with respect to search and rescue operations
15Director may require or carry out safety and security inspections and monitoring
15APower of Director to investigate holder of aviation document
16Director of Civil Aviation Safety [Repealed]
17Power of Director to suspend aviation document or impose conditions
18Power to revoke aviation document or impose conditions
19Criteria for action taken under section 17 or section 18
20Power of Director to amend or revoke aviation document in other cases
21Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
22Delegation of Minister’s functions or powers to Authority
23Delegation of Authority’s functions or powers to employees of Authority [Repealed]
23ADelegation of Director’s functions or powers to employees of Authority
23BDelegation of Director’s functions or powers to persons outside Authority
23CRestrictions on delegations
24General power of entry
25Powers of entry of Corporation
26Obligation to notify all accidents and incidents
26AObligation to identify pilot-in-command
27Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission
27AInterpretation
27BPower of Director to issue medical certificate
27CChanges in medical condition of licence holder
27DMedical examination, report, and disclosure
27EExpiry of medical certificate
27FDesignation of aviation examiners and medical examiners
27GGeneral directions and emergency directives
27HInvestigation of medical condition of licence holder
27IRevocation, suspension, amendment, and surrender of medical certificate
27JAppointment of convener and deputy convener
27KCancellation of appointment as convener or deputy convener
27LReview of decisions regarding medical certificates or applications
27MReferral to convener by agreement
27NDelegation of Director’s powers under this Part to medical practitioners who are employees of Authority
27ODelegation of Director’s power under this Part to medical examiners who are not employees of Authority
27PRight of appeal to District Court
27QTransitional provisions
27RSavings
28Power of Minister to make ordinary rules
29Rules relating to safety and security
29ARules relating to airspace
29BRules for noise abatement purposes
30Rules relating to general matters
31Power of Director to make emergency rules
32Procedures relating to rules
33Matters to be taken into account in making rules
34Procedure for making ordinary rules
34AGovernor-General may make ordinary rules
35Procedure for making emergency rules
36Incorporation by reference
37Exemption power of Director
38Fees and charges
39Rebates
40Payment of fees and charges
41Suspension or revocation of aviation document where prescribed fees or charges unpaid
42Recovery of fees and charges for aviation related services
42AGovernor-General may impose levies
42BBasis on which levies may be imposed
42CLevy orders are confirmable instruments
42DOther provisions relating to levies
43Endangerment caused by holder of aviation document
43AOperating aircraft in careless manner
44Dangerous activity involving aircraft, aeronautical product, or aviation related service
44AFailure to comply with inspection or monitoring request
45Court may disqualify holder of aviation document or impose conditions on holding of document
46Acting without necessary aviation document
46AActing without required medical certificate
46BFraudulent, misleading, or intentionally false statements to obtain medical certificate
46CFailure to disclose information required by Director
46DFailure to provide information to Director relating to Australian AOCs with ANZA privileges
46EFailure to cease conducting air operations in New Zealand
47Additional penalty for offences involving commercial gain
48Applying for aviation document while disqualified
49Communicating false information or failing to disclose information relevant to granting or holding of aviation document
49ACarrying on scheduled international air service without licence or contrary to licence
49BOperating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
50Obstruction of persons duly authorised by Director
50AFailure or refusal to produce or surrender documents
51Trespass
52Failure to maintain accurate records
52AFailure to notify emergency breach of Act or regulations or rules
52BFailure to notify accident or incident
52CFailure to provide identifying information
53Contravention of emergency rule, prohibition, or condition
53AFlight over foreign country without authority or for improper purpose
54Security area and security enhanced area offences
55Personation or obstruction of aviation security officer
56Communicating false information affecting safety
56ASecurity check offences
57Infringement offences
58Infringement notices
59Effect of disqualification
60Commencement of period of disqualification
61Retention and custody of document
62Removal of disqualification
63Particulars of disqualification orders, etc, to be sent to Director
64Appeals against disqualification
65Time for filing charging document
65AABurden of proof of reasonable excuse
65AApplication of this Part
65BLiability for offences against this Part despite extraterritoriality
65CLiability for offences under Summary Offences Act 1981 despite extraterritoriality
65DForeign aircraft outside New Zealand
65EProceedings for offences
65FStrict liability for acts endangering safety
65GDisruptive conduct towards crew member
65HInterference with aircraft
65IIntoxicated persons on aircraft
65JNon-compliance with commands given by pilot-in-command
65KOffensive behaviour or words
65LPortable electronic devices not to be operated
65MNon-compliance with seating and seatbelt instructions
65NNo smoking
65ODangerous goods
65PProcedure for certain unruly passenger offences
65QForm of infringement notice
65RPayment of fees
65SFiling of notices
65TSavings
66Appeal to District Court
67Procedure [Repealed]
68Decision of Director to continue in force pending appeal, etc [Repealed]
69Appeal to High Court on question of law
70Further appeal to Court of Appeal
71Evidence and proof
72Evidence of air traffic services provider
72ACivil Aviation Authority of New Zealand established
72AAObjective of Authority
72BFunctions of Authority
72CAuthority to comply with policy directions [Repealed]
72CASurplus of Aviation Security Service funds payable to the Crown
72DAuthority to have powers of natural person [Repealed]
72EAuthority to consider delegating or contracting out of functions and powers
72FRestriction applying to statement of intent
72GService charter
72HUse of words Civil Aviation Authority
72IDirector of Civil Aviation
72JActing Director of Civil Aviation
72KPowers of Director in relation to examinations, etc
72LGeneral Manager of Aviation Security Service
72MActing General Manager of Aviation Security Service
72NUse of words Aviation Security Service
72OReferences to Director to be read as General Manager of Aviation Security Service in certain circumstances
73New Zealand Register of Aircraft
74Civil Aviation Registry
75Information services
76Aviation security
77Responsibility of Minister
77APowers and duties of Minister to require screening, searching, and seizing
77BPowers and duties of Director to require screening, searching, and seizing
77BACertain Gazette notices may not include security sensitive information
77CTransitional provisions for screening
77FPowers and duties of Director relating to security checks
77GReview procedures for security check determinations
77HOffence to carry out activity while authorisation withdrawn or after authorisation revoked
77IOffence to fail to comply with Director’s requirement to withdraw or revoke authorisation
78Aviation Security Service [Repealed]
79Authorised aviation security service providers
79AFurther provisions relating to Aviation Security Service
80Powers, functions, and duties of Aviation Security Service
80APowers and duties of aviation security officer relating to dangerous goods
80BPower of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
80CPowers and duties of aviation security officers relating to security enhanced areas
80DConsent to be screened or searched
80EPersons who refuse to consent to be screened or searched
80FSearches of persons refusing consent to be searched
80GSearches of persons
80HPower to require drivers to stop vehicles in security enhanced areas for screening or searching
80IProtection of aviation security officers
81Functions and duties of other aviation security service providers
82Security designated aerodromes and navigation installations
83Right of access
84Security areas and security enhanced areas
85Powers of arrest and seizure of items or substances
86Arrest of persons delivered to Police
87Powers of Police
87AInterpretation
87BScheduled international air service not to be carried on except pursuant to licence
87CApplication for licence
87DMinister to be licensing authority for New Zealand international airlines
87ENotice of application
87FConsideration of application for scheduled international air service licence by New Zealand international airline
87GScheduled international air service licence may be granted subject to conditions
87HDuration of scheduled international air service licence
87IRenewal of scheduled international air service licence
87JVariation of terms and conditions of scheduled international air service licence
87KTransfer of scheduled international air service licence
87LSecretary to be licensing authority for foreign international airlines
87MConsideration of application for scheduled international air service licence by foreign international airline
87NScheduled international air service licence may be granted subject to conditions
87ODuration of scheduled international air service licence
87PRenewal of scheduled international air service licence
87QVariation of terms and conditions of scheduled international air service licence
87RMinister may designate countries or territories for open aviation market licences
87SSecretary to be licensing authority for open aviation market licences
87TConsideration of application for open aviation market licence
87UOpen aviation market licence may be granted subject to conditions
87VDuration of open aviation market licence
87WRenewal of open aviation market licence
87XVariation of terms and conditions of open aviation market licence
87YTransfer of open aviation market licence
87ZHolder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE
87ZAInsurance cover against liability
87ZBReturns to be furnished
87ZCSuspension of licences
87ZDRevocation of licences
87ZECommercial non-scheduled international flights not to be operated except as authorised by Secretary
87ZFProvisions of this Part in addition to requirements of regulations and rules
87ZGThis Part not in force in Tokelau
88Authorisation of contracts, arrangements, and understandings relating to international carriage by air
89Minister may issue commission regimes
90Authorisation of tariffs by Minister
91Application of Commerce Act 1986
91AInterpretation
91BApplication of Guadalajara Convention
91CConventions to have force of law
91DInconsistency between French and English texts
91EFatal accidents
91FContributory negligence
91GLimitation of liability
91HValue of special drawing right
91ITime for bringing proceedings
91JActions against High Contracting Parties
91JAActions against Parties to Montreal Convention
91KDesignation of Parties
91LArticle 40A of amended Convention
91MPower to exclude aircraft in use for military purposes
91NOccurrences before commencement of this Part
91OHigh Contracting Parties not Party to Hague Protocol
91PHigh Contracting Parties not Party to Montreal Protocols
91QHigh Contracting Parties not Party to Protocol No 4
91RHigh Contracting Parties not Party to Protocol No 2
91RAHigh Contracting Party or Party not Party to Montreal Convention
91SCurrency equivalent notices
91TRegulations
91UInterpretation
91VApplication of this Part
91WExclusions
91XProvisions if carriage performed by actual carrier
91YProvisions if carriage performed by successive carriers
91ZLiability of carrier in respect of delay
91ZAAvoidance of liability
91ZBContributory negligence
91ZCLimitation of liability
91ZDContracting out
91ZEWilful or reckless misconduct
91ZFServants or agents of carrier
91ZGAggregation of damages
91ZHAggregate liability
91ZIJust and equitable orders and awards
91ZJTortfeasors
91ZKRelationship between carriers
91ZLLimitation of actions
91ZMCombined carriage
92Definition of joint venture airport
93Powers of Minister in respect of aerodromes and facilities
94Joint ventures
95Retention of Crown money in joint venture airport accounts
96Sale of alcohol at international airports
96AMinister may prohibit smoking on international air routes
96BOffences in respect of smoking on international flights
96CProcedure for offence of smoking on international flight [Repealed]
96DForm of infringement notice [Repealed]
96EPayment of fees [Repealed]
96FFiling of notices [Repealed]
97Nuisance, trespass, and responsibility for damage
98Indemnity in respect of certain messages [Repealed]
99Airways Corporation to be sole provider of certain airways services
99ARegulations relating to information disclosure
99BInformation to be supplied to Secretary
99COffences
99DAdministration of sections 99A to 99C [Repealed]
100Regulations
100ABurden of proof of exceptions, etc, for offences in rules and regulations
101Repeals, revocation, amendments, and savings
102Transitional provisions
103Effect of Act on Civil Aviation Regulations [Repealed]
104Interpretation
105Cape Town Convention and Aircraft Protocol to have force of law
106Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
107Governor-General may issue copies of declarations
108Certificates about Contracting States
109Irrevocable de-registration and export request authorisations
110De-registration requests
111Removal requests
112Director must prescribe and publish forms for de-registration requests
113Director may not exercise certain powers
Reprint notes

An Act—

(a)

to establish rules of operation and divisions of responsibility within the New Zealand civil aviation system in order to promote aviation safety; and

(b)

to ensure that New Zealand’s obligations under international aviation agreements are implemented; and

(c)

to consolidate and amend the law relating to civil aviation in New Zealand

 
1 Short Title and commencement

(1)

This Act may be cited as the Civil Aviation Act 1990.

(2)

This Act shall come into force on 1 September 1990.

2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

accident means an occurrence that is associated with the operation of an aircraft and takes place between the time any person boards the aircraft with the intention of flight and such time as all such persons have disembarked and the engine or any propellers or rotors come to rest, being an occurrence 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—

except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; 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—

except engine failure or damage that is limited to the engine, its cowlings, or accessories, or damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents, or puncture holes in the aircraft skin; or

(c)

the aircraft is missing or is completely inaccessible

aerodrome

(a)

means any defined area of land or water intended or designed to be used either wholly or partly for the landing, departure, and surface movement of aircraft; and

(b)

includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration

aerodrome control service means an air traffic control service provided for the control of aerodrome traffic

aerodrome flight information service means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights in the vicinity of an aerodrome

aerodrome traffic means—

(a)

all traffic in the manoeuvring area of an aerodrome; and

(b)

all aircraft flying in the vicinity of an aerodrome

aerodrome traffic circuit means the pattern flown by aircraft operating in the vicinity of an aerodrome

aeronautical product means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft; and includes fuel and other similar consumable items necessary for the operation of the aircraft

air service means an air transport service or an aerial work service, whether regular or casual

air traffic means all aircraft in flight or operating on any manoeuvring area of an aerodrome

air traffic control service means a service provided for the purposes of—

(a)

preventing collisions—

(i)

between aircraft; and

(ii)

between aircraft and obstructions on any manoeuvring area; and

(b)

expediting and maintaining a safe and efficient flow of air traffic

air traffic service includes—

(a)

any aerodrome control service:

(b)

any area control service:

(c)

any approach control service:

(d)

any flight information service:

(e)

any aerodrome flight information service:

(f)

any alerting service:

(g)

any other air traffic service considered by the Director to be necessary or desirable for the safe and efficient operation of the civil aviation system

aircraft means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth

aircraft flying in the vicinity of an aerodrome means any aircraft that is in, entering, or leaving an aerodrome traffic circuit

alerting service means an air traffic service provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required

ANZA means Australia New Zealand Aviation

ANZA mutual recognition agreements means the agreements or arrangements specified in regulations made under section 100(1)(ed)

approach control service means an air traffic control service for arriving or departing controlled flights

area control service means an air traffic control service provided for controlled flights in controlled airspace

Australia means the Commonwealth of Australia; and, when used in a geographical sense, includes any external territory of Australia

Australian AOC with ANZA privileges has the same meaning as in section 3(1) of the Civil Aviation Act 1988 (Aust)

Australian temporary stop notice has the same meaning as in section 3(1) of the Civil Aviation Act 1988 (Aust)

Authority means the Civil Aviation Authority of New Zealand established by section 72A

aviation document means any licence, permit, certificate, or other document issued under this Act to or in respect of any person, aircraft, aerodrome, aeronautical procedure, aeronautical product, or aviation related service

aviation examiner means a health professional; and includes any medical practitioner to whom the Director has issued an aviation document under section 27F(2) or section 27Q(2)(c) to conduct specified examinations under Part 2A

aviation related service means any equipment, facility, or service (including any air traffic service but excluding any service of the Transport Accident Investigation Commission) operated in support of or in conjunction with the civil aviation system; and includes the provision of aeronautical products

aviation security officer means a person for the time being employed as such in the Aviation Security Service

Aviation Security Service means the Aviation Security Service established under section 72B(2)(ca)

CASA means—

(a)

the Civil Aviation Safety Authority established by the Civil Aviation Act 1988 (Aust); and

(b)

any successor of that Authority

Civil Aviation Registry means the Registry established under section 74

Commission means the Transport Accident Investigation Commission established under the Transport Accident Investigation Commission Act 1990

controlled airspace means an airspace of defined dimensions within which an air traffic control service is provided to controlled flights

controlled flight means any flight that is provided with or required by rules made under this Act to make use of an air traffic control service

convener means a medical practitioner appointed as convener by the Minister under section 27J or the deputy convener acting as convener

Convention means the Convention on International Civil Aviation signed on behalf of the Government of New Zealand in Chicago on 7 December 1944, and includes—

(a)

any amendment to the Convention that has entered into force under Article 94(a) of the Convention and has been ratified by New Zealand; and

(b)

any Annex or amendment to any Annex accepted under Article 90 of the Convention, to the extent adopted by New Zealand; and

(c)

the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organisation under Article 37 of the Convention, to the extent adopted by New Zealand

Corporation means Airways Corporation of New Zealand Limited, a company that is a State enterprise under the State-Owned Enterprises Act 1986

dangerous goods means articles or substances that are capable of posing risk to health, safety, property, or the environment and—

(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

deputy convener means a medical practitioner appointed as deputy convener by the Minister under section 27J

Director means the person who is for the time being the Director of Civil Aviation under section 72I

flight information service means an air traffic service provided for the purpose of giving advice and information intended for the safe and efficient conduct of flights

General Manager means the person who is for the time being the General Manager of the Aviation Security Service under section 72L

health professional means a person who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession

holder, in relation to any aviation document, includes any person lawfully entitled to exercise privileges in respect of that document

ICAO means the International Civil Aviation Organisation established under the Convention; and includes any successor to the Organisation

incident means any occurrence, other than an accident, that is associated with the operation of an aircraft and affects or could affect the safety of operation

international airport means any airport designated as an airport of entry and departure for international air traffic where the formalities incident to customs, immigration, public health, animal and plant quarantine, and similar procedures are carried out

judicial officer means a District Court Judge, a Justice, a Community Magistrate, or a court Registrar (other than a constable)

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 examiner means a medical practitioner to whom the Director has issued an aviation document under section 27F(1) or section 27Q(2)(b) to conduct examinations under section 27D

medical practitioner means—

(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

member means a member of the Authority

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act or the relevant Part or provision of this Act

Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

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 any such building, facility, work, apparatus, equipment, or place, and used in connection therewith

New Zealand AOC with ANZA privileges has the meaning set out in section 11G

New Zealand Register of Aircraft means the register of that name that is established under section 73

New Zealand registered aircraft means any aircraft that is for the time being registered by the Director under section 6(1)(a)

New Zealand temporary stop notice means a notice issued under section 11C(1)

operate, in relation to an aircraft, means to fly or use the aircraft, or to cause or permit the aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft; and operator has a corresponding meaning

owner, in relation to any aircraft, includes any person lawfully entitled to the possession of the aircraft for 28 days or longer

pilot-in-command, in relation to any aircraft, means the pilot responsible for the operation and safety of the aircraft

prescribed means prescribed by this Act or by regulations or rules made under this Act

rules means ordinary rules made by the Minister or Governor-General and emergency rules made by the Director under Part 3

Secretary means the chief executive of the Ministry

security area means an area that the Director has declared to be a security area under section 84

security designated aerodrome means an aerodrome for the time being designated as a security aerodrome under section 82

security designated navigation installation means a navigation installation for the time being designated as a security navigation installation under section 82

security enhanced area means an area that the Director has declared to be a security enhanced area under section 84(1A)

service charter means a service charter prepared and made available to the public under section 72G

specified examination means—

(a)

an examination of visual and colour perception; or

(b)

an examination of hearing; or

(c)

a psychological examination; or

(d)

any other class of examination prescribed in the rules

sterile area means the area at an aerodrome, between the passenger inspection and screening station and the aircraft, into which access is strictly controlled

unruly passenger offence

(a)

means an offence against Part 5A; and

(b)

includes an offence to which section 65C applies.

(2)

For the purposes of this Act, an aviation identity card issued or approved by the Director under any regulations or rules made under this Act is not an aviation document.

Compare: 1964 No 68 s 2; 1968 No 39 s 16(1); 1969 No 9 s 2; 1973 No 6 s 6(1); 1976 No 122 s 3(8); 1976 No 153 s 2; 1977 No 146 s 2; 1987 No 108 s 2

Section 2(1) accident paragraph (b): amended, on 1 June 2002, by section 4(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 2(1) air traffic service paragraph (g): amended, on 10 August 1992, by section 2(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) air transport operations: repealed, on 13 August 1996, by section 2 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 2(1) ANZA: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) ANZA mutual recognition agreements: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australia: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australian AOC with ANZA privileges: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Australian temporary stop notice: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) Authority: inserted, on 10 August 1992, by section 2(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) aviation examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) aviation examiner: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Aviation Security Service: amended, on 20 August 1993, by section 2(2) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2(1) CASA: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) convener: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) convener: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Convention: substituted, on 1 June 2002, by section 4(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 2(1) Corporation: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).

Section 2(1) dangerous goods: substituted, on 1 June 2004, by section 4(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) deputy convener: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) deputy convener: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) Director: substituted, on 10 August 1992, by section 2(4) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) General Manager: inserted, on 20 August 1993, by section 2(1) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2(1) health professional: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) judicial officer: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 2(1) judicial officer: amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 2(1) medical examiner: inserted, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) medical examiner: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) member: inserted, on 10 August 1992, by section 2(5) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) member: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) Minister: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) Ministry: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) New Zealand AOC with ANZA privileges: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) New Zealand registered aircraft: amended, on 10 August 1992, by section 2(6) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) New Zealand temporary stop notice: inserted, on 30 March 2007, by section 4(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(1) performance agreement: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 2(1) registered medical practitioner: repealed, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 2(1) rules: amended, on 1 August 2010, by section 4 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 2(1) Secretary: substituted, on 1 December 2004, by section 3 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 2(1) security area: amended, on 20 August 1993, by section 2(3) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 2 security enhanced area: inserted, on 26 September 2007, by section 4(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 2(1) service charter: added, on 10 August 1992, by section 2(8) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 2(1) specified examination: added, on 1 April 2002, by section 4 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 2(1) sterile area: added, on 26 September 2007, by section 4(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 2(1) unruly passenger offence: added, on 1 June 2004, by section 4(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 2(2): added, on 11 April 2008, by section 4(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).

3 Act to bind the Crown

(1)

Subject to subsection (2), this Act shall bind the Crown.

(2)

Except as otherwise expressly provided in this Act or any other Act, or in the regulations or rules concerned, nothing in this Act or in any regulations or rules made under this Act shall apply to the New Zealand Defence Force.

Compare: 1964 No 68 s 26; 1986 No 124 s 32(1); 1987 No 108 s 5

4 Application of Act

(1)

Except as provided in section 53A, Part 5A, and section 96A, this Act and all regulations and rules made under this Act shall apply to the following:

(a)

every person, aircraft, aerodrome, aeronautical product, air service, 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)

Notwithstanding subsection (1), the Minister, acting on the recommendation of the Authority or the Director, as the case may require, may, by agreement with the appropriate foreign aeronautical authority,—

(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 Authority or the Director has under this Act or regulations or rules made under this Act:

(b)

vest in the Authority 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 this Act or regulations or rules made under this Act:

(c)

grant exemptions from this Act, and from regulations and rules made under this Act, relevant to any exercise of the Minister’s powers under this subsection.

(2A)

Every New Zealand registered aircraft shall, 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.

(3)

Except where an act or omission is required in order to comply with the laws of any foreign State, every 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, shall be deemed to have committed an offence under this Act and may be proceeded against in New Zealand as if the act or omission had occurred within New Zealand.

(4)

Nothing in this section shall be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign State that applies to or in respect of the person or aircraft.

(5)

Nothing in this Act shall be interpreted as limiting the privileges or immunities of—

(a)

any foreign military aircraft; or

(b)

the officers and crew of any foreign military aircraft.

Section 4(1): amended, on 1 June 2004, by section 5 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 4(1): amended, on 13 August 1996, by section 3 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 4(2): substituted, on 10 August 1992, by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 4(2A): inserted, on 10 August 1992, by section 3 of the Civil Aviation Amendment Act 1992 (1992 No 75).

5 Civil Aviation Authority
[Repealed]

Section 5: repealed, on 10 August 1992, by section 4 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Part 1 Entry into the civil aviation system

6 Requirement to register aircraft

(1)

Except as otherwise provided in this Act or rules made under this Act, every person lawfully entitled to the possession of an aircraft for a period of 28 days or longer which flies to, from, within, or over New Zealand territory shall register that aircraft and hold a valid certificate of registration for that aircraft from—

(a)

the Director; or

(b)

the appropriate aeronautical authorities of a contracting State of ICAO; or

(c)

the appropriate aeronautical authorities of another State that is party to an agreement with the Government of New Zealand or the Civil Aviation Authority for New Zealand which provides for the acceptance of each other’s registrations.

(2)

No aircraft shall be registered in or remain registered in New Zealand if it is registered in any other country.

(3)

The Director may decline to register any aircraft in accordance with the provisions of rules made under this Act.

(4)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.

Compare: 1964 No 68 s 29(2)(h)

Section 6(1): amended, on 13 August 1996, by section 4 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 6(1)(a): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 6(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

7 Requirement for aviation document

(1)

Rules made under this Act may require that an aviation document shall be required by or in respect of all or any of the following:

(a)

New Zealand registered aircraft:

(b)

aircraft pilots:

(c)

flight crew members:

(d)

air traffic service personnel:

(e)

aviation security service personnel:

(f)

aircraft maintenance personnel:

(g)

air services:

(h)

air traffic services:

(i)

aerodromes and aerodrome operators:

(j)

navigation installation providers:

(k)

aviation training organisations:

(l)

aircraft design, manufacture, and maintenance organisations:

(m)

aeronautical procedures:

(n)

aviation security services:

(o)

aviation meteorological services:

(p)

aviation communications services:

(q)

any persons, services, or things within any of the classes specified in paragraphs (a) to (p):

(r)

such other persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the rules:

(s)

any person who is an aviation examiner or medical examiner.

(2)

The requirements, standards, and application procedure for each aviation document, and the maximum period for which each document may be issued, shall be prescribed by rules made under this Act.

(3)

Subject to any rules made under this Act, an aviation document may be issued by the Director for such specified period and subject to such conditions as the Director considers appropriate in each particular case.

(4)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.

Section 7(1)(s): added, on 1 April 2002, by section 6 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 7(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

8 Application for aviation document

(1)

Every application for the grant or renewal of an aviation document shall be made to the Director in the prescribed form or, if there is no prescribed form, in such form as the Director may require.

(2)

Every applicant for an aviation document shall include in the application the applicant’s address for service in New Zealand including, where applicable, telephone and facsimile numbers.

(3)

It shall be the duty of every holder of an aviation document to maintain the currency of the information provided under subsection (2) by promptly notifying the Director of any changes to the address, telephone number, or facsimile number.

(4)

The Director shall ensure that a record of all information provided under this section is maintained at the Civil Aviation Registry.

(5)

Service of any notification under this Act on a holder of, or applicant for, an aviation document shall be effective service if served on the address last provided by that holder or applicant under this section.

Section 8: substituted, on 10 August 1992, by section 5 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 8(2): substituted, on 13 August 1996, by section 5 of the Civil Aviation Amendment Act 1996 (1996 No 91).

9 Grant or renewal of aviation document

(1)

After considering any application for the grant or renewal of an aviation document, the Director shall, as soon as is practicable, grant the application if he or she 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 is to have or is likely to have control over the exercise of the privileges under the document—

(i)

either holds the relevant prescribed qualifications and experience or holds such foreign qualifications as are acceptable to the Director under subsection (2); and

(ii)

is a fit and proper person to have such control or hold the document; and

(iii)

meets all other relevant prescribed requirements; and

(ba)

in the case of a New Zealand AOC with ANZA privileges,—

(i)

the requirements in section 11G(2) are met; and

(ii)

the applicant meets or will meet the conditions in section 11G(4); and

(c)

it is not contrary to the interests of aviation safety for the document to be granted or renewed.

(2)

For the purpose of granting or renewing an aviation document, the Director may, subject to any provisions in the rules, accept such foreign qualifications or recognise such foreign certifications as he or she considers appropriate in each case.

(3)

It shall be 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 continue to satisfy the fit and proper person test specified in subsection (1)(b)(ii).

(4)

Where the Director declines to grant an application for the grant or renewal of an aviation document under this section, the applicant may appeal against that decision to a District Court under section 66.

Section 9(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(1)(b)(i): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(1)(b)(iii): amended, on 10 August 1992, by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(1)(ba): inserted, on 30 March 2007, by section 6 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 9(1)(c): added, on 10 August 1992, by section 6(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(3): amended, on 13 August 1996, by section 6 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 9(3): amended, on 10 August 1992, by section 6(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 9(4): substituted, on 10 August 1992, by section 6(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

10 Criteria for fit and proper person test

(1)

For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act, the Director shall, 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 such weight as the Director considers appropriate to, the following matters:

(a)

the person’s compliance history with transport safety regulatory requirements:

(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 or serious behavioural problems:

(e)

any conviction 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:

(f)

any evidence that the person has committed a transport safety offence or has contravened or failed to comply with any rule made under this Act:

(g)

in the case where a New Zealand AOC with ANZA privileges applies, the person’s compliance with the conditions specified in section 11G(4).

(2)

The Director shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant.

(3)

The Director may, for the purpose of determining whether or not a person is a fit and proper person for any purpose under this Act,—

(a)

seek and receive such information (including medical reports) as the Director thinks fit; and

(b)

consider information obtained from any source.

(4)

Subsection (1) applies to a body corporate with the following modifications:

(a)

paragraphs (a), (b), (c), (e), (f), and (g) of that subsection shall be read as if they refer to the body corporate and its officers:

(b)

paragraph (d) of that subsection shall be read as if it refers only to the officers of the body corporate.

(5)

If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), disclose that information to that person and, in accordance with section 11, give that person a reasonable opportunity to refute or comment on it.

(6)

Nothing in subsection (5) shall require the Director to disclose any information the disclosure of which would be likely to endanger the safety of any person.

(7)

If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

inform the individual that he or she may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

Section 10(1): amended, on 10 August 1992, by section 7(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(1)(d): amended, on 10 August 1992, by section 7(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(1)(g): added, on 30 March 2007, by section 7(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 10(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(3): amended, on 10 August 1992, by section 7(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(3)(a): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(4): substituted, on 28 November 1991, by section 2 of the Civil Aviation Amendment Act 1991 (1991 No 116).

Section 10(4)(a): amended, on 30 March 2007, by section 7(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 10(5): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(6): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 10(7): substituted, on 1 June 2004, by section 7(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

11 Rights of persons affected by proposed adverse decisions

(1)

In this section, unless the context otherwise requires,—

adverse decision means a decision of the Director to the effect that a person is not a fit and proper person for any purpose under this Act

affected document holder, in relation to a person directly affected by an adverse decision, means the holder of or the applicant for the aviation document

person directly affected, in relation to any adverse decision, means the person who would be entitled under section 66 to appeal against that adverse decision

person on the basis of whose character the adverse decision arises, in relation to any adverse decision made or proposed to be made on the grounds referred to in section 10, means the person whom the Director assesses as not being a fit and proper person.

(2)

Where the Director proposes to make an adverse decision under this Act in respect of any person, the Director, by notice in writing, shall—

(a)

notify the person directly affected by the proposed decision of the proposed decision; and

(b)

subject to subsection (4), inform that person of the grounds for the proposed decision; and

(c)

specify a date by which submissions may be made to the Director in respect of the proposed decision, which date shall 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 66, in the event of the Director proceeding with the proposed decision; and

(f)

specify such other matters as in any particular case may be required by any provision of this or any other Act.

(3)

Where the Director gives a notice under subsection (2), the Director

(a)

shall also supply a copy of the notice to—

(i)

any person on the basis of whose character the adverse decision arises, where that person is not the person directly affected by the proposed decision; and

(ii)

any affected document holder, where 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)

No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 10(1), except to the extent that—

(a)

the notice or copy is supplied to the person to whom the information relates; or

(b)

that person consents to the supply of that information to any other person.

(5)

Where any notice or copy of a notice is given to any person under this section, the following provisions shall apply:

(a)

it shall be the responsibility of that person to ensure that all information that that person wishes to have considered by the Director in relation to the proposed decision is received by the Director within the period specified in the notice under subsection (2)(c), or within such further period as the Director may allow:

(b)

the Director may consider any information supplied by that person after the expiry of the period referred to in paragraph (a), other than information requested by the Director and supplied by that person within such reasonable time as the Director may specify:

(c)

the Director shall consider any submissions made in accordance with paragraph (a), other than information requested by the Director and supplied pursuant to a request referred to in paragraph (b).

(6)

After considering the matters referred to in subsection (5), the Director shall—

(a)

finally determine whether or not to make the proposed adverse decision; and

(b)

as soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3)(a), of—

(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 (being a right of appeal specified in section 9(4) or section 17(7) or section 18(4)).

Section 11(1) adverse decision: substituted, on 10 August 1992, by section 8(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(1) person on the basis of whose character the adverse decision arises: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(2): amended, on 10 August 1992, by section 8(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(2)(c): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(2)(d): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(2)(e): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(3)(a)(ii): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(5)(a): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(5)(b): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(5)(c): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(6): amended, on 10 August 1992, by section 8(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(6): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(6)(b)(i): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 11(6)(b)(iii): substituted, on 10 August 1992, by section 8(4) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Part 1A ANZA mutual recognition

Part 1A: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Preliminary provisions

Heading: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11A Purpose

The purpose of this Part is to implement the ANZA mutual recognition agreements.

Section 11A: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Australian AOCs with ANZA privileges

Heading: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11B Holder of Australian AOC 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—

(A)

business address; and

(B)

telephone number; and

(C)

fax number (if any); and

(iii)

the holder’s New Zealand—

(A)

business address; and

(B)

telephone number; and

(C)

fax number (if any); and

(iv)

the holder’s email address (if any); and

(v)

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.

Section 11B: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11C 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 issue 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 may not delegate the power to issue 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 Authority receives notification from CASA of the Director of CASA’s response to the New Zealand temporary stop notice.

Section 11C: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11D 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) does not invalidate the New Zealand temporary stop notice.

Section 11D: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11E 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.

Section 11E: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

AOCs with ANZA privileges

Heading: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11F Requirements for 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 items that the Director receives from CASA:

(i)

advice:

(ii)

guidelines:

(iii)

recommendations:

(iv)

other relevant information.

Section 11F: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11G Grant of New Zealand AOC with ANZA privileges

(1)

The Director may, in accordance with this Act and any rules made under this Act, grant to an air operator in New Zealand an authorisation (called a New Zealand AOC with ANZA privileges) that will authorise the air operator to conduct air operations to, from, or within Australia.

(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 thinks appropriate.

(6)

In subsection (2), licensing authority has the same meaning as in Part 8A.

Section 11G: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11H 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 he or she should—

(i)

suspend in whole or in part the New Zealand AOC with ANZA privileges under section 17; or

(ii)

revoke in whole or in part the New Zealand AOC with ANZA privileges under section 18; or

(iii)

impose conditions on the New Zealand AOC with ANZA privileges under section 17 or section 18; or

(iv)

take any other action in relation to that New Zealand AOC holder.

(2)

The Director must notify CASA of his or her decision and of any action taken.

Section 11H: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

11I 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 to conduct air operations in the Australian civil aviation system; and

(b)

the holder of a New Zealand AOC with ANZA privileges is no longer able to comply with all the conditions specified in section 11G(4).

(2)

If this section applies, 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 11G(4); and

(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) to refute and comment on the Director’s belief.

(3)

If, after the process referred to in subsection (2) has been properly completed, the Director is satisfied that, in the interests of Australian and New Zealand civil aviation safety, the holder should no longer exercise ANZA privileges, the Director may—

(a)

amend the New Zealand AOC with ANZA privileges:

(b)

withdraw the privileges attaching to the AOC.

(4)

Any person in respect of whom a decision is taken under subsection (3) may appeal against that decision to a District Court under section 66.

Section 11I: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

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

An employee of the Authority 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.

Section 11J: inserted, on 30 March 2007, by section 8 of the Civil Aviation Amendment Act 2004 (2004 No 8).

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

12 General requirements for participants in civil aviation system

(1)

Every person who does anything for which an aviation document is required (in the succeeding provisions of this section called a participant) shall ensure that the appropriate aviation documents and all the necessary qualifications and other documents are held by that person.

(2)

Every participant shall comply with this Act, the relevant rules or regulations made under this Act, and the conditions attached to the relevant aviation documents.

(3)

Every participant shall ensure that the activities or functions for which the aviation document has been granted are carried out by the participant, and by all persons for whom the participant is responsible, safely and in accordance with the relevant prescribed safety standards and practices.

(4)

Every participant who holds an aviation document that authorises the provision of a service within the civil aviation system—

(a)

shall, if so required by rules made under this Act, establish and follow a management system that will ensure compliance with the relevant prescribed safety standards and the conditions attached to the document; and

(b)

shall provide training and supervision to all employees of the participant who are engaged in doing anything to which the document relates, so as to maintain compliance with the relevant prescribed safety standards and the conditions attached to the document and to promote safety; and

(c)

shall provide sufficient resources to ensure compliance with the relevant prescribed safety standards and the conditions attached to the document.

Section 12(2): amended, on 11 April 2008, by section 5 of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 12(4)(c): amended, on 28 November 1991, by section 3 of the Civil Aviation Amendment Act 1991 (1991 No 116).

13 Duties of pilot-in-command

The pilot-in-command of an aircraft shall—

(a)

be responsible for the safe operation of the aircraft in flight, the safety and well-being of all passengers and crew, and the safety of cargo carried; and

(b)

have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and

(c)

subject to section 13A, be responsible for compliance with all relevant requirements of this Act and regulations and rules made under this Act.

Section 13: substituted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91).

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

(1)

Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-in-command may breach the provisions of this Act or of regulations or rules made under this Act.

(2)

For the purposes of subsection (1), a breach of any prescribed requirement is permitted 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 of the prescribed requirement 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 prescribed requirement is clearly greater than the degree of danger involved in deviating from it.

(3)

Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act.

(4)

For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if—

(a)

the emergency involves a danger to life or property; and

(b)

the extent of the breach of the prescribed requirement 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.

(5)

Nothing in subsection (3) 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.

(6)

Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall—

(a)

immediately notify the relevant air traffic control service of the action; and

(b)

as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action.

Section 13A: inserted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91).

14 Objectives of Minister

The objectives of the Minister under this Act are—

(a)

to undertake the Minister’s functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system; and

(b)

to ensure that New Zealand’s obligations under international civil aviation agreements are implemented.

Section 14: substituted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

14A Functions of Minister

The functions of the Minister under this Act are—

(a)

to promote safety in civil aviation:

(b)

to administer New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of New Zealand is a party:

(c)

to administer the Crown’s interest in the aerodromes referred to in Part 10:

(d)

to make rules under this Act.

Section 14A: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

14B 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).

Section 14B: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

14C 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 14B(1)(a):

(b)

co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a):

(c)

perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a):

(d)

exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2).

Section 14C: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 14C: amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98).

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

(1)

The Director may in writing require any person who—

(a)

holds an aviation document or an Australian AOC with ANZA privileges; or

(b)

operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, aviation related service, air traffic service, or aeronautical procedure; or

(c)

is designated as an aviation examiner or medical examiner under Part 2A,—

to undergo or carry out such inspections and such monitoring as the Director considers necessary in the interests of civil aviation safety and security.

(1A)

In the case of an Australian AOC with ANZA privileges, the Director may only carry out inspections and monitoring at the request of CASA.

(2)

The Director may, in respect of any person described in paragraph (a) or paragraph (b) of subsection (1), carry out such inspections and monitoring as the Director considers necessary in the interests of civil aviation safety and security.

(2A)

The Director may, in respect of a holder of a New Zealand AOC with ANZA privileges, carry out in Australia any inspections and monitoring that the Director considers necessary in the interests of civil aviation safety.

(3)

For the purposes of any inspection or monitoring carried out in respect of any person under subsection (2), the Director may in writing require from that person such information as the Director considers relevant to the inspection or the monitoring.

Section 15: substituted, on 13 August 1996, by section 8(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 15(1)(a): amended, on 30 March 2007, by section 9(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 15(1)(b): amended, on 1 April 2002, by section 11 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 15(1)(c): inserted, on 1 April 2002, by section 11 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 15(1A): inserted, on 30 March 2007, by section 9(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 15(2A): inserted, on 30 March 2007, by section 9(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

15A Power of Director to investigate holder of aviation document

(1)

The Director may, in writing, require any holder of an aviation document to undergo an investigation conducted by the Director if the Director believes, on reasonable grounds, that it is necessary in the interests of civil aviation safety and security, and if the Director—

(a)

has reasonable grounds to believe that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12; or

(b)

considers that the privileges or duties for which the document has been granted are being carried out by the holder in a careless or incompetent manner.

(2)

If the Director requires a holder to undergo an investigation, the Director must—

(a)

conclude the investigation as soon as practicable; and

(b)

inform the holder, in writing, of—

(i)

the date on which the investigation will begin; and

(ii)

the results of the investigation, including—

(A)

any recommendations arising out of the investigation; and

(B)

the grounds for those recommendations.

Section 15A: inserted, on 1 June 2002, by section 5 of the Civil Aviation Amendment Act 2002 (2002 No 15).

16 Director of Civil Aviation Safety
[Repealed]

Section 16: repealed, on 10 August 1992, by section 10 of the Civil Aviation Amendment Act 1992 (1992 No 75).

17 Power of Director to suspend aviation document or impose conditions

(1)

The Director may suspend any aviation document issued under this Act or rules made under this Act or impose conditions in respect of any such document, if he or she considers such action necessary in the interests of safety, and if he or she—

(a)

considers such action necessary to ensure compliance with this Act or rules made under this Act; or

(b)

is satisfied that the holder has failed to comply with any conditions of an aviation document or with the requirements of section 12; or

(c)

is satisfied the holder has contravened or failed to comply with section 49; or

(d)

considers that the privileges or duties for which the document has been granted 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 the general provisions of subsection (1), the Director may suspend any aviation document relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, if he or she considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the document relates.

(3)

The suspension of any aviation document and any conditions imposed under subsection (1) or subsection (2) remain in force until the Director determines what action, if any, referred to in subsection (4) is to be taken; but any such suspension or conditions expire 10 working days after the date that 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.

(4)

The Director may take 1 or more of the following actions:

(a)

impose conditions for a specified period:

(b)

withdraw any conditions:

(c)

suspend any aviation document for a specified period:

(d)

revoke or partially revoke any aviation document under section 18.

(e)

impose permanent conditions under section 18.

(4A)

If notice of a proposed revocation of an aviation document, or notice of the proposed imposition of permanent conditions, is given in accordance with section 11, either at the same time as the suspension of the document under this section is imposed or while the suspension is in force, the document to which the notice relates remains suspended until the Director finally decides whether to revoke the document or to impose permanent conditions on the document under section 18.

(5)

Any person whose aviation document has been suspended or made subject to conditions under subsection (4) shall forthwith produce that document to the Director for appropriate endorsement.

(6)

The whole or any part of an aviation document may be suspended under this section.

(7)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.

Section 17(1)(c): substituted, on 10 August 1992, by section 11 of the Civil Aviation Act 1992 (1992 No 75).

Section 17(1)(d): amended, on 30 March 2007, by section 10(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 17(1)(e): added, on 30 March 2007, by section 10(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 17(3): substituted, on 1 June 2002, by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 17(4): substituted, on 1 June 2002, by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 17(4)(e): added, on 1 June 2004, by section 10(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 17(4A): inserted, on 1 June 2002, by section 6(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 17(4A): amended, on 1 June 2004, by section 10(3)(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 17(4A): amended, on 1 June 2004, by section 10(3)(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 17(5): amended, on 1 June 2002, by section 6(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).

18 Power to revoke aviation document or impose conditions

(1)

The Director may, if he or she considers it necessary in the interests of aviation safety after an inspection, monitoring, or investigation carried out under this Act, revoke an aviation document or impose permanent conditions on an aviation document.

(1A)

Without limiting subsection (1), the Director may revoke or impose permanent conditions on an aviation document if the Director—

(a)

has been advised by the Director of CASA that CASA has given the holder of the document an Australian temporary stop notice; and

(b)

considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety.

(2)

Revocation under this section may be in respect of the whole or any part of an aviation document.

(3)

If the Director proposes to take action under this section, he or she must give notice in accordance with section 11, which applies as if the proposed action were a proposed adverse decision under this Act.

(4)

A person whose aviation document is revoked or made subject to permanent conditions under this section must,—

(a)

if the document is made subject to permanent conditions or revoked in part, immediately produce the document to the Director for appropriate endorsement:

(b)

if the whole document is revoked, immediately surrender the document to the Director.

(5)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.

Section 18: substituted, on 1 June 2002, by section 7 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 18(1A): inserted, on 30 March 2007, by section 11 of the Civil Aviation Amendment Act 2004 (2004 No 8).

19 Criteria for action taken under section 17 or section 18

(1)

The provisions of this section shall apply for the purpose of determining whether an aviation document should be suspended or made subject to conditions under section 17 or revoked or made subject to conditions under section 18.

(2)

Where this section applies, the Director may have regard to, and give such weight as the Director considers appropriate to, the following matters:

(a)

the person’s compliance history with transport safety regulatory requirements:

(b)

any conviction 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 any rule made under this Act.

(3)

The Director shall not be confined to consideration of the matters specified in subsection (2) and may take into account such other matters and evidence as may be relevant.

(4)

The Director may—

(a)

seek and receive such information as the Director thinks fit; or

(b)

consider information obtained from any source.

(5)

If the Director proposes to take into account any information that is or may be prejudicial to a person, the Director shall, subject to subsection (6), as soon as is practicable, but, in the case of the suspension of an aviation document or the imposition of conditions under section 17, no later than 5 working days after suspending the aviation document or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

(6)

Nothing in subsection (5) or subsection (7) requires the Director to disclose—

(a)

any information, the disclosure of which would endanger the safety of any person; or

(b)

any information or the fact of non-disclosure of that information, before suspending an aviation document or imposing conditions in respect of an aviation document under section 17.

(7)

If the Director determines not to disclose any information in reliance on subsection (6), the Director must inform the person of the fact of non-disclosure and,—

(a)

in the case of non-disclosure to an individual of information about the individual,—

(i)

inform the individual that the individual may, under the Privacy Act 1993, complain to the Privacy Commissioner about that non-disclosure; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and

(b)

in any other case,—

(i)

inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and

(ii)

the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.

Section 19(1): amended, on 1 June 2002, by section 8(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 19(2): amended, on 10 August 1992, by section 13(1)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(2): amended, on 10 August 1992, by section 13(1)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(3): amended, on 10 August 1992, by section 13(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(4): amended, on 10 August 1992, by section 13(3)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(4)(a): amended, on 10 August 1992, by section 13(3)(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(5): amended, on 1 June 2002, by section 8(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 19(5): amended, on 10 August 1992, by section 13(4)(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 19(6): substituted, on 1 June 2002, by section 8(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 19(7): substituted, on 1 June 2004, by section 12 of the Civil Aviation Amendment Act 2004 (2004 No 8).

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

(1)

The Director may, if so requested in writing by the holder of any aviation document, amend that document in the manner requested or revoke that document.

(2)

Subject to subsection (3), 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 none of the privileges or duties for which the document has been granted are being carried out, or are able to be carried out, by the holder:

(c)

amend any aviation document to correct any clerical error or obvious mistake on the face of the document.

(3)

Before taking any action under subsection (2), the Director shall notify the holder in writing of the proposed action and give the holder a reasonable opportunity to comment or make submissions on the proposed action.

(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 shall forthwith produce the document to the Director.

Section 20 heading: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 20(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 20(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 20(3): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 20(5): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

(1)

Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property, the Director may, if authorised by a warrant given by a judicial officer on written application on oath, do all or any of the following:

(a)

detain the aircraft or any aircraft of that class:

(b)

seize the aeronautical product or any aeronautical products of that class:

(c)

prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class.

(2)

Where the Director believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons 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 of the aircraft or all aircraft of that class:

(b)

prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class:

(c)

detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use.

(3)

Any detention or seizure under subsection (1) or subsection (2) shall be maintained for only such time as is necessary in the interest of safety; but, if aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act those aircraft, products, or parts thereof may be retained by the Director for such period as the Director considers necessary for that purpose.

(4)

The Director shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1), provide in writing to the owner or that person the reasons for the detention or seizure.

(5)

Any person in respect of whom any decision is taken under this section may appeal against that decision to a District Court under section 66.

(6)

For the purpose of subsections (1) and (2), the Director shall notify any prohibitions or conditions to such persons as he or she considers necessary by such means of communication, whether or not of a permanent nature, as the Director considers appropriate in the circumstances.

(7)

[Repealed]

Section 21(1)(c): amended, on 10 August 1992, by section 14(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 21(6): amended, on 10 August 1992, by section 14(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 21(7): repealed, on 10 August 1992, by section 14(c) of the Civil Aviation Amendment Act 1992 (1992 No 75).

22 Delegation of Minister’s functions or powers to Authority

(1)

The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister’s functions and powers under this Act.

(2)

Every delegation under this section shall be in writing.

(3)

No delegation under this section shall include the power to delegate under this section.

(4)

The power of the Minister to delegate under this section—

(a)

is subject to section 28(9) and 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.

(5)

Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation.

(6)

Where the Authority purports to act pursuant to any delegation under this section, the Authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(7)

No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.

(8)

The Authority must not delegate any functions or powers delegated to the Authority by the Minister without the written consent of the Minister.

Section 22: substituted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 22(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

Section 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

(1)

The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act, including functions or powers delegated to the Director under this Act.

(2)

Every delegation under this section shall be in writing.

(3)

[Repealed]

(4)

Notwithstanding subsection (1), the Director shall not delegate—

(a)
[Repealed]

(b)

the power under section 18 to revoke an aviation document.

(5)

The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.

(6)

The Director must not delegate any functions or powers delegated to the Director by the Minister without the written consent of the Minister.

(7)

Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority.

(8)

Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues to have effect as if made by the employee for the time being holding that office.

Section 23A: inserted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 23A(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23A(4)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23A(5): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23A(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23A(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23A(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

(1)

[Repealed]

(2)

Subject to this section, the Director may from time to time either generally or particularly delegate to any person who is not an employee of the Authority any of the Director’s functions and powers under this Act, or under any regulations or rules made under this Act, other than—

(a)

the power under section 18 to revoke aviation documents; or

(b)

the power under section 41 to suspend or revoke aviation documents; or

(c)

the power under section 58 to issue infringement notices.

(2A)

Any function or power that may be delegated under subsection (2) to a person in New Zealand who is not an employee of the Authority 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.

(3)

Every delegation under this section shall be in writing.

(4)

No delegation shall be made under this section without the written consent of the Minister.

(5)

In any case where the Director has delegated any functions or powers to any person under this section, that person may, with the prior approval in writing of the Minister, delegate to any other person such of those functions or powers as are so approved.

(6)

The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.

(7)

Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.

(8)

Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.

(9)

[Repealed]

(10)

[Repealed]

(11)

Every person purporting to act under any delegation under this section shall when reasonably requested to do so produce evidence of his or her authority to so act.

(12)

Any person who exercises any function or power under a delegation made under this section or under section 73 of the Crown Entities Act 2004 may charge the person in respect of whom the function or power is exercised a reasonable fee in respect of the exercise of that function or power.

Section 23B: inserted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 23B heading: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(2A): inserted, on 30 March 2007, by section 13 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 23B(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(6): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(9): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(10): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 23B(12): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

23C Restrictions on delegations

Notwithstanding sections 23 to 23B of this Act or section 73 of the Crown Entities Act 2004,—

(a)

neither the Authority nor the Director may delegate any function or power that does not relate to the functions or powers of the Aviation Security Service to any person in the Aviation Security Service without the prior written approval of the Minister:

(b)

neither the Authority nor the Director may delegate any function or power in relation to the Aviation Security Service to any person outside that Service without the prior written approval of the Minister:

(c)

the General Manager shall not delegate any function or power in relation to the Aviation Security Service to any employee of the Authority who is not in the Aviation Security Service without the prior written approval of the Minister.

Section 23C: inserted, on 20 August 1993, by section 3 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 23C: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

24 General power of entry

(1)

For the purpose of carrying out his or her functions, duties, or powers under this Act or regulations or rules made under this Act or for the purpose of the ANZA mutual recognition agreements, every person duly authorised by the Director shall have right of access at any reasonable time to the following:

(a)

any aircraft, aerodrome, building, or place:

(b)

any document or record concerning any aircraft, aeronautical product, or aviation related service.

(1A)

In the case of an Australian AOC with ANZA privileges, the power conferred by subsection (1) may only be exercised at the request of CASA.

(2)

Without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—

(a)

any breach of this Act or of regulations or rules made under this Act is being or about to be committed; or

(ab)

in the case of an Australian AOC with ANZA privileges, a breach of the Civil Aviation 1988 (Aust) or of regulations or orders made under that Act is being, or is about to be, committed; or

(b)

a condition imposed under any civil aviation document or Australian AOC with ANZA privileges is not being complied with; or

(c)

a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property—

may at any reasonable time enter any aircraft, aerodrome, building, or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.

(3)

Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or subsection (2)—

(a)

may require any person who is in possession of an aviation document, or of any certificate, book, manual, record, list, notice, or other document that is required to be kept under this Act or, in the case of an Australian AOC with ANZA privileges, under Australian law, to produce or surrender it; and

(b)

must, if a document is surrendered under paragraph (a), orally inform the relevant aviation document holders or, if applicable, the relevant Australian AOC with ANZA privileges holder, as soon as practicable, and in writing that the document has been surrendered.

(3A)

The right of access and the powers conferred by any of subsections (1) to (3) may not be used to gain a right of access to, to inspect, or to require the production or surrender of a record specified in paragraph (a) or paragraph (b) of section 14C(2) of the Transport Accident Investigation Commission Act 1990.

(4)

Nothing in subsection (1) or subsection (2) shall confer on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which must not be granted unless the issuing officer is satisfied that the entry is essential to enable the inspection to be carried out.

(5)

Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5, 7, 9, and 10 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (4) and its execution.

(5A)

Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

(6)

Every person exercising the power of entry conferred by subsection (1) or subsection (2) shall carry a warrant of authority issued by the Director specifying—

(a)

the name and the office or offices held by the person; and

(b)

that the person is authorised by the Director to exercise the power conferred by subsections (1) and (2) to enter aircraft, aerodromes, buildings, and places, and to carry out such inspection; and

(c)

in the case of an Australian AOC with ANZA privileges, that the power is being exercised at the request of CASA.

(7)

Every person exercising the power of entry conferred by subsections (1) and (2) shall produce the warrant of authority and evidence of identity—

(a)

if practicable on first entering the aircraft, aerodrome, building, or place; and

(b)

whenever subsequently reasonably required to do so.

(8)

Every constable shall have and may exercise all or any of the powers conferred on a person who has been duly authorised by the Director under this section.

Section 24(1): amended, on 30 March 2007, by section 14(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 24(1A): inserted, on 30 March 2007, by section 14(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 24(2)(ab): inserted, on 30 March 2007, by section 14(3) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(2)(b): amended, on 30 March 2007, by section 14(4) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(3): substituted, on 1 June 2002, by section 9 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 24(3): amended, on 1 June 2004, by section 14(5) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(3)(a): amended, on 30 March 2007, by section 14(6) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(3)(b): substituted, on 30 March 2007, by section 14(7) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(3A): inserted, on 10 September 1999, by section 10 of the Transport Accident Investigation Commission Amendment Act 1999 (1999 No 113).

Section 24(4): amended, on 1 October 2012, by section 210(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 24(5): replaced, on 1 October 2012, by section 210(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 24(5A): inserted, on 1 October 2012, by section 210(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 24(6): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 24(6)(b): amended, on 30 March 2007, by section 14(8) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(6)(b): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 24(6)(c): added, on 30 March 2007, by section 14(8) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 24(8): amended, on 1 October 2008, pursuant to section 116(a)(vii) of the Policing Act 2008 (2008 No 72).

Section 24(8): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

25 Powers of entry of Corporation

(1)

Subject to subsection (3), Airways Corporation of New Zealand Limited may—

(a)

enter upon any land for the purpose of gaining access to cables, wires, navigational aids, or other equipment used for the purpose of carrying out the functions of the Corporation, being equipment installed before 1 January 1988; and

(b)

perform any act or operation necessary for the purpose of inspecting, maintaining, or repairing any such equipment.

(2)

A certificate under the seal of the Corporation containing a statement that any equipment of a kind referred to in subsection (1) was installed before 1 January 1988 shall be admissible in evidence in any proceedings and shall, in the absence of proof to the contrary, constitute proof of that statement.

(3)

The power to enter upon land conferred by subsection (1) shall be subject to the following conditions:

(a)

entry to the land shall be made only by an officer, employee, or agent of the Corporation authorised by it in writing, or by persons under the immediate control of such an officer, employee, or agent:

(b)

reasonable notice of the intention to enter shall be given, and the provisions of Part 10 of Te Ture Whenua Maori Act 1993 shall apply in respect of notices served in the circumstances set out in that Part of that Act:

(c)

entry shall be made at reasonable times:

(d)

the officer, employee, or agent shall have with him or her, and shall produce on initial entry and subsequently if required to do so, evidence of his or her identity and authority.

(4)

Subsection (3) shall not apply where the entry is necessary in circumstances of probable danger to life or property.

(5)

Any equipment owned by the Corporation that is fixed to or installed over or under the land and is not owned by the Corporation shall be deemed to be lawfully fixed or installed and shall continue to be fixed or installed until the Corporation otherwise decides, and no person other than the Corporation shall have any interest in any such equipment by reason only of having an interest in the land.

Section 25(3)(b): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act 1993 (1993 No 4).

26 Obligation to notify all accidents and incidents

(1)

The pilot-in-command of any aircraft that is involved in an accident shall notify the accident to the Authority as soon as practicable.

(1A)

Every person who—

(a)

operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, or aviation related service; and

(b)

is involved in an incident,—

shall, where required to do so under rules made under this Act, notify the incident to the Authority.

(2)

If, due to injuries or death, the pilot-in-command is unable to give the necessary notice under subsection (1), the operator shall provide the necessary notice.

(3)

The co-ordinator of any search and rescue operation for any aircraft shall notify the Authority of the operation as soon as practicable.

(4)

The Authority may on being notified under subsection (1) or subsection (1A) or subsection (2) or subsection (3) request such additional information, in such form as the Authority considers appropriate in each specific case, and the pilot-in-command or operator or person of whom the request is made shall provide the additional information forthwith.

Section 26(1): substituted, on 10 August 1992, by section 16(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 26(1A): inserted, on 10 August 1992, by section 16(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 26(3): substituted, on 10 August 1992, by section 16(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 26(4): amended, on 13 August 1996, by section 9 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 26(4): amended, on 10 August 1992, by section 16(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 26(4): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

26A Obligation to identify pilot-in-command

(1)

If a pilot-in-command of an aircraft is alleged to have committed an offence under this Act or the rules, 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.

(2)

A request under subsection (1) may be made orally or in writing, and the operator or holder of the certificate of registration (as the case may be) must comply with the request within 10 working days.

(3)

Subsection (1) does not apply if the operator or holder of the certificate of registration has been arrested or detained in relation to the suspected offence.

Section 26A: inserted, on 1 June 2002, by section 10 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 26A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

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

(1)

As soon as practicable after any accident or incident is notified to the Authority under section 26, the Authority shall notify the Transport Accident Investigation Commission that the Authority has been notified of the accident or incident, if it is—

(a)

an accident involving aircraft; or

(b)

a serious incident in accordance with the provisions of the Convention.

(2)

Where the Authority has been notified of a search and rescue operation under section 26(3), the Authority shall forthwith notify the Transport Accident Investigation Commission accordingly.

Section 27: substituted, on 13 August 1996, by section 10(1) the Civil Aviation Amendment Act 1996 (1996 No 91).

Part 2A Medical certification

Part 2A: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27A Interpretation

(1)

In this Part, unless the context otherwise requires,—

accredited medical conclusion means the conclusion reached by 1 or more medical experts acceptable to the Director for the purposes of the case concerned, in consultation with flight operations or any other experts that may be necessary

applicant means a person who has applied for a medical certificate; and includes a licence holder who has reapplied for a medical certificate

licence holder means a person who—

(a)

holds an aviation document or is a pilot; and

(b)

holds, or is required under the rules to hold, a medical certificate

medical certificate means a medical certificate—

(a)

issued by the Director under this Part to an applicant or licence holder; or

(b)

recognised by the Director under the rules

operator includes an air traffic service provider.

(2)

A medical certificate is not an aviation document.

(3)

In this Part, the phrase privileges to which a medical certificate relates, and its variations, means those privileges under this Act that may be exercised by a person who—

(a)

holds a current aviation document; or

(b)

is permitted under the rules to operate an aircraft solo as a pilot.

Section 27A: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27A(1) medical certificate: substituted, on 1 June 2004, by section 15 of the Civil Aviation Amendment Act 2004 (2004 No 8).

27B Power of Director to issue medical certificate

(1)

After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates.

(2)

Despite subsection (1), the Director may, relying on flexibility, issue a medical certificate to the applicant.

(3)

In subsection (2), flexibility means the use of medical judgment to issue a medical certificate if the following conditions are fulfilled:

(a)

an accredited medical conclusion indicates that in special circumstances the applicant’s failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and

(b)

the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and

(c)

the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant’s duties is dependent on compliance with those conditions, restrictions, or endorsements.

(4)

The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section.

(5)

Before issuing a medical certificate, the Director—

(a)

must have regard to the report of the medical examiner and any other information that may be relevant; and

(b)

may require the applicant, at the applicant’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant.

(6)

If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director.

(7)

The Director must maintain a register of current medical certificates issued under this section.

(8)

Any decision made under this section by the Director in relation to a medical certificate other than a decision under sub- section (5)(b) is subject to section 27L (review of decisions regarding medical certificates or applications).

Section 27B: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27C Changes in medical condition of licence holder

(1)

Subject to any directions that the Director may issue under section 27G(1)(b), if a licence holder is aware of, or has reasonable grounds to suspect, any change in his or her medical condition or the existence of any previously undetected medical condition that may interfere with the safe exercise of the privileges to which his or her medical certificate relates, the licence holder—

(a)

must advise the Director of the change as soon as practicable; and

(b)

may not exercise the privileges to which the licence holder’s medical certificate relates.

(2)

Subject to any directions that the Director may issue under section 27G(1)(b), if an aviation examiner or medical examiner or operator is aware of, or has reasonable grounds to suspect, any change in the medical condition of a licence holder or the existence of any previously undetected medical condition in the licence holder that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the aviation examiner or medical examiner or operator must advise both the licence holder and the Director of the change as soon as practicable.

(3)

Subject to any directions that the Director may issue under section 27G(1)(b), if a medical practitioner has reasonable grounds to believe that a person is a licence holder and is aware, or has reasonable grounds to suspect, that the licence holder has a medical condition that may interfere with the safe exercise of the privileges to which the licence holder’s medical certificate relates, the medical practitioner must, as soon as practicable,—

(a)

inform the licence holder that the Director will be advised of the condition; and

(b)

advise the Director of the condition.

(4)

An aviation examiner or medical examiner or a medical practitioner is not subject to any civil or criminal liability for—

(a)

doing an indemnified act in good faith in the course of carrying out his or her functions under this Part; or

(b)

doing an indemnified act in good faith in the course of answering any questions put to him or her by the Director that—

(i)

concern a licence holder; and

(ii)

are relevant to any action the Director may take under this Part.

(5)

In this section, indemnified act means any of the following acts:

(a)

advising the Director, whether in writing or otherwise, that a licence holder—

(i)

may not meet the medical standards prescribed in the rules; or

(ii)

may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates:

(b)

expressing to the Director, whether in writing or otherwise, an opinion that the licence holder who the aviation examiner or medical examiner or medical practitioner has examined or treated may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates because of—

(i)

illness or any bodily or mental infirmity, defect, incapacity, or risk of incapacity suffered by the licence holder; or

(ii)

the effect on the licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity:

(c)

stating to the Director, whether in writing or otherwise,—

(i)

the nature of a licence holder’s illness, infirmity, defect, incapacity, or risk of incapacity; or

(ii)

the effect on a licence holder of treatment for any illness, infirmity, defect, incapacity, or risk of incapacity.

Section 27C: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27C(3): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27C(4): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27C(5)(b): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

27D Medical examination, report, and disclosure

(1)

Before the Director issues a medical certificate, an applicant must have a medical examination by a medical examiner who must forward his or her report to the Director.

(2)

The Director may, by written notice, require any applicant to disclose, or authorise the disclosure of, any information relevant to his or her medical condition or history for the purpose of determining whether or not the applicant is eligible for a medical certificate under section 27B.

Section 27D: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27E Expiry of medical certificate

The Director may, on receiving an application for a medical certificate from a licence holder before the expiry of his or her existing medical certificate, grant an extension of no more than 60 days from the expiry date of the licence holder’s existing medical certificate with any additional conditions, restrictions, or endorsements as the Director considers necessary.

Section 27E: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27F Designation of aviation examiners and medical examiners

(1)

The Director must designate, by issuing an aviation document under section 9, 1 or more medical examiners to conduct examinations under section 27D.

(2)

The Director may designate, by issuing an aviation document under section 9, 1 or more aviation examiners to conduct specified examinations that the Director may require under this Part.

Section 27F: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27G General directions and emergency directives

(1)

The Director may, by notice in the Gazette, issue general directions in relation to—

(a)

conducting examinations of applicants and licence holders, and reporting the results of those examinations to the Director; and

(b)

providing exceptions for temporary medical conditions to the reporting requirements set out in section 27C; and

(c)

specifying the requirements of examinations or other clinical matters, which must be reasonable, including, but not limited to,—

(i)

the medical content of examinations:

(ii)

the interpretation and analysis of results of examinations:

(iii)

the significance of results of examinations for the purpose of determining whether or not an applicant is eligible for a medical certificate under section 27B.

(2)

Before issuing general directions under subsection (1), the Director must consult with those persons, health professionals with aviation medical experience, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies that he or she considers appropriate.

(3)

General directions issued in relation to the matters specified in subsection (1)(a) or (c) must be—

(a)

notified in writing to aviation examiners or medical examiners; and

(b)

incorporated in a medical manual issued by the Director.

(4)

The Director may issue directives in emergency situations without consultation or prior notice in the Gazette, but those directives—

(a)

must be published in the Gazette as soon as practicable after they are issued; and

(b)

expire on the day that is 90 days after the date on which they were issued.

(5)

The Director may reissue, under subsection (1), directives issued under subsection (4) before or after they expire.

Section 27G: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27H Investigation of medical condition of licence holder

(1)

The Director may, by written notice, require any licence holder, at the licence holder’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate, if the Director has reasonable grounds to believe that the licence holder—

(a)

may be unable to exercise safely the privileges to which the medical certificate relates; or

(b)

has obtained his or her medical certificate fraudulently.

(2)

If the Director has delegated under section 27O the authority to issue medical certificates to any medical examiner, the Director may, by written notice to the relevant licence holder, withdraw any medical certificate that the medical examiner has issued under that authority within 60 days after the date it was issued if the Director requires the licence holder to supply additional medical information, in which case the Director must decide whether to reissue the medical certificate in accordance with section 27B.

(3)

The Director may, by written notice, require any licence holder, at the Authority’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, at any time before the expiry of his or her medical certificate if—

(a)

the Director—

(i)

is monitoring licence holders on the basis of random selection from the register of current medical certificates that is required to be maintained under section 27B(7); or

(ii)

has reasonable grounds to believe that the licence holder’s medical certificate was issued in error; or

(iii)

is monitoring aviation examiners or medical examiners for compliance with the requirements of this Act or the rules; and

(b)

the Director has reasonable grounds to believe that any of those tests, examinations, re-examinations, or medical information are necessary to investigate the matters specified in paragraph (a).

(4)

The Director may, by written notice, require any licence holder to disclose, or authorise the disclosure of, any relevant information for the purpose of determining whether or not the licence holder—

(a)

meets the medical standards prescribed in the rules; or

(b)

is able to exercise safely the privileges to which the medical certificate relates.

Section 27H: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

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

(1)

If the Director has reasonable grounds to believe that a licence holder may be unable to exercise safely the privileges to which the licence holder’s medical certificate relates, the Director may, by written notice to the licence holder,—

(a)

suspend any medical certificate issued to the licence holder; or

(b)

impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.

(2)

If the Director has reasonable grounds to believe that a licence holder is unable to exercise safely the privileges to which the licence holder’s medical certificate relates, the Director must, by written notice to the licence holder,—

(a)

suspend any medical certificate issued to the licence holder; or

(b)

revoke any medical certificate issued to the licence holder; or

(c)

impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder.

(3)

If the Director has reasonable grounds to believe that a person who has been delegated authority under section 27O to issue a medical certificate has issued a medical certificate other than in accordance with this Part or the terms of the delegated authority, the Director—

(a)

may, by written notice to the licence holder,—

(i)

suspend any medical certificate issued to the licence holder; or

(ii)

revoke any medical certificate issued to the licence holder; or

(iii)

impose or amend any conditions, restrictions, or endorsements on any medical certificate issued to the licence holder; and

(b)

may, by written notice to the person with delegated authority, revoke that person’s delegated authority.

(4)

Any notice issued under this section must state the grounds for the Director’s decision.

(5)

A notice of suspension issued under subsection (1)(a) or subsection (2)(a) or subsection (3)(a)(i) remains in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any such suspension expires 10 working days after the date that the suspension is imposed unless, before the expiry of that 10-working-day period, the Director extends the suspension for a further specified period not exceeding 10 working days (the aggregate suspension period may not exceed 20 working days after the date on which the suspension is imposed).

(6)

Any conditions, restrictions, or endorsements that are imposed or made under subsection (1)(b) or subsection (2)(c) or subsection (3)(a)(iii) remain in force until the Director determines what action, if any, referred to in subsection (7) is to be taken, but any of those conditions, restrictions, or endorsements expire 10 working days after the date that they are imposed unless, before the expiry of that 10-working-day period, the Director extends the conditions, restrictions, or endorsements for a further specified period not exceeding 10 working days (the aggregate period may not exceed 20 working days after the date on which the conditions, restrictions, or endorsements are imposed).

(7)

If a notice is issued under subsection (1) or subsection (2) or subsection (3), the Director may, by written notice, take 1 or more of the following actions:

(a)

impose or amend conditions, restrictions, or endorsements for a specified period:

(b)

withdraw any conditions, restrictions, or endorsements:

(c)

disqualify the licence holder from holding the medical certificate for a specified period:

(d)

revoke the medical certificate:

(e)

cancel the suspension.

(8)

If the Director revokes a medical certificate under subsection (2)(b) or subsection (3)(a)(ii) or subsection (7)(d) or subsection (11) or imposes any conditions, restrictions, or endorsements on a medical certificate under subsection (7)(a) or disqualifies a licence holder under subsection (7)(c), the licence holder has 20 working days from the date of the decision to ask the convener to review the decision under section 27L, after which time the decision may not be referred to the convener.

(9)

A person who has had his or her medical certificate revoked, withdrawn, or suspended or who is disqualified from holding the medical certificate for a specified period must surrender the medical certificate to the Director, a person authorised by the Director, or a constable.

(10)

If the Director issues a notice under this section, the Director—

(a)

must also, if practicable, notify any aviation document holder affected by the notice, other than the licence holder, if the Director reasonably considers it necessary for reasons of aviation safety; and

(b)

may notify any other affected aviation document holder.

(11)

The Director may, by written notice, revoke a medical certificate if a licence holder fails, without reasonable excuse, to comply with a demand under section 27H(1) or section 27H(3) or section 27H(4) within a reasonable period of time.

(12)

Any licence holder may return his or her medical certificate to the Director and ask the Director, in writing, to cancel the medical certificate.

(13)

If a licence holder asks the Director to cancel his or her medical certificate, the Director must—

(a)

cancel the medical certificate; and

(b)

update the register of current medical certificates.

Section 27I: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27I(9): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

27J Appointment of convener and deputy convener

(1)

The Minister must—

(a)

appoint a convener and a deputy convener for a period of no longer than 3 years; and

(b)

consult with the Director, and other parties as the Minister thinks fit, before making either appointment; and

(c)

take into account any representations made under paragraph (b).

(2)

The Minister may renew an appointment as convener or deputy convener for 1 or more periods, each of which may not exceed 3 years.

(3)

If the Minister renews an appointment, he or she must—

(a)

consult with 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 convener and the deputy convener must—

(a)

be medical practitioners who are suitably qualified, and experienced or knowledgeable in civil aviation; and

(b)

be able to represent the public interest in aviation safety.

(5)

If the convener is unavailable for any reason, the deputy convener must discharge the duties of the convener under this section until—

(a)

the convener is available; or

(b)

the Minister has appointed a new convener.

Section 27J: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27J(4)(a): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

27K Cancellation of appointment as convener or deputy convener

(1)

The Minister may cancel a person’s appointment under section 27J(1) if the person fails to discharge satisfactorily his or her duties as convener or deputy convener, as the case may be.

(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 his or her 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.

Section 27K: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27L Review of decisions regarding medical certificates or applications

(1)

A licence holder or an applicant may, within 20 working days of a decision being made, ask the convener in writing to review the following decisions made by the Director about that person’s medical certificate or application:

(a)

any decision made under section 27B, other than a decision made under section 27B(5)(b):

(b)

any decision made under section 27I, other than a decision made under—

(2)

If such a request is made, the convener must, as soon as practicable, review the decision.

(3)

The convener—

(a)

must draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the decision that is under review; and

(b)

must have regard to the purpose and scheme of the Act and the Director’s duties under the Act when carrying out his or her review of the decision; and

(c)

may require the person who asked for the review, at that person’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the convener considers reasonably necessary to carry out his or her review of the decision; and

(d)

must receive and consider the relevant evidence provided under subsection (6).

(4)

The convener must, as soon as practicable, report the results of his or her review to the Director in writing.

(5)

The Director must, within 10 working days of receiving the convener’s report, implement the results of the decision contained within the convener’s report or, if the Director does not implement the convener’s report, notify the licence holder or applicant, in writing, of the Director’s reasons for not doing so.

(6)

The licence holder or applicant or Director may, either directly or through his or her medical experts, participate in the review process by providing relevant evidence to the convener regarding any medical matter at issue with respect to the decision that is under review.

(7)

The convener may not review a decision made by the Director if the convener—

(a)

acted as an aviation examiner or medical examiner of the person requesting the review with respect to that person’s application for a medical certificate; or

(b)

has any other conflict of interest with respect to the person’s medical certificate.

(8)

Any decision by the Director under review by the convener remains in force until the Director makes a final decision under subsection (5).

Section 27L: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27M Referral to convener by agreement

(1)

An application for a medical certificate may, by agreement in writing between the Director and the applicant, be referred to the convener for advice before the Director makes a decision on the application.

(2)

If an application is referred to the convener under subsection (1),—

(a)

the deadline imposed on the Director under section 27B(1) does not apply; and

(b)

the convener must,—

(i)

as soon as practicable, assess the application; and

(ii)

draw on the advice and expertise of at least 1 person who the convener is satisfied is suitably qualified and experienced to assist the convener in his or her assessment of the application; and

(iii)

require the applicant, at the applicant’s expense, to undertake any tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, that the convener considers reasonably necessary to carry out his or her assessment of the application; and

(iv)

have regard to the purpose and scheme of the Act and the Director’s duties under the Act when making his or her assessment of the application; and

(v)

as soon as practicable, report the results of his or her assessment to the Director in writing; and

(vi)

receive and consider the relevant evidence provided under subsection (5).

(3)

The Director must, within 10 working days of receiving the convener’s report,—

(a)

consider the convener’s report; and

(b)

make his or her decision in writing; and

(c)

provide to the applicant—

(i)

a copy of the convener’s report; and

(ii)

a copy of the Director’s decision.

(4)

If an application is referred to the convener under this section, the applicant may not ask the convener to review the Director’s eventual decision.

(5)

The applicant or Director may, either directly or through his or her medical experts, participate in the convener’s assessment of the application by providing relevant evidence to the convener regarding any medical matter at issue with respect to that application.

(6)

The convener may not assess the application if the convener—

(a)

acted as an aviation examiner or medical examiner of the applicant with respect to that person’s application for a medical certificate; or

(b)

has any other conflict of interest with respect to the person’s medical certificate.

Section 27M: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

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

(1)

The Director may, either generally or particularly, delegate to any suitably qualified medical practitioner who is an employee of the Authority any of the Director’s functions and powers under this Part or under the rules relating to medical certification.

(2)

Every delegation under this section must be in writing.

(3)

[Repealed]

(4)

Section 23A applies to a delegation under this section.

(5)

Any delegation under this section may be made to a suitably qualified medical practitioner who is the holder of a specified office of the Authority.

Section 27N: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 27N heading: amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27N(1): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Section 27N(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 27N(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 27N(5): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

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

(1)

The Director may, either generally or particularly, delegate to any suitably qualified medical examiner who is not an employee of the Authority any of the Director’s functions and powers under this Part or under the rules relating to medical certification other than the power under this Part to revoke medical certificates.

(2)

Despite subsection (1), the Director must delegate to suitably qualified medical examiners who are not employees of the Authority the power to issue medical certificates to any person who qualifies for a medical certificate under section 27B(1) or who otherwise meets the criteria for a standard medical assessment as prescribed in the rules or by the Minister under section 27Q(3).

(3)

Every delegation under this section must be in writing.

(4)

Subject to any general or special directions given or conditions imposed by the Director, any medical examiner to whom any functions or powers are delegated under this section may exercise those functions and powers in the same manner and with the same effect as if they had been conferred or imposed on that person directly by this Act and not by delegation.

(5)

Any delegation under this section may be made to a specified medical examiner or a specified class of medical examiner or to the holder or holders of a specified office.

(6)

Every delegation under this section must be given for a specified period but in any event must be revocable at will.

(7)

No delegation under this section may—

(a)

affect or prevent the exercise of any function or power by the Director; or

(b)

affect the responsibility of the Director for the actions of any person acting under the delegation.

(8)

Every delegation under this section continues in force until it is revoked or it expires, whether or not the person who made the delegation ceases to hold office.

(9)

Every person purporting to act under any delegation under this section may, when reasonably requested to do so, produce evidence of his or her authority to so act.

(10)

The Director may not delegate under this section any of his or her functions or powers under section 27L or section 27M.

Section 27O: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27P Right of appeal to District Court

Any person affected by a decision of the Director under section 27B (other than a decision made under section 27B(5)(b)), section 27I(7), section 27I(11), section 27L, or section 27M has a right of appeal to a District Court under section 66.

Section 27P: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27Q Transitional provisions

(1)

Part 67 of the rules (as it read immediately before the commencement of this Part) continues to apply to—

(a)

any application for a medical certificate lodged before the commencement of this Part:

(b)

any action begun with respect to a medical certificate before the commencement of this Part.

(2)

In the absence of rules providing for the issue of aviation documents to aviation examiners or medical examiners,—

(a)

the Minister must establish the selection criteria for the issue of aviation documents to aviation examiners or medical examiners or classes of aviation examiners or medical examiners that the Director must use to issue those aviation documents, including any reasonable requirements—

(i)

for examinations, training, and experience; and

(ii)

for ongoing training and development; and

(iii)

relating to the classification of aviation examiners and medical examiners and any related standards and restrictions on the exercise of their functions and powers; and

(b)

the Director must designate, by issuing an aviation document under section 9, 1 or more medical examiners to conduct examinations under section 27D; and

(c)

the Director may designate, by issuing an aviation document under section 9, 1 or more aviation examiners to conduct specified examinations that the Director may require under this Part.

(3)

In the absence of rules under section 30(b)(x) or section 30(b)(xi), the Minister must establish the criteria for the grant of delegations, including—

(a)

any requirements for the grant of delegations by the Director under section 27O(2); and

(b)

any requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2).

Section 27Q: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

27R Savings

Any medical certificate issued under the rules before the commencement of this Part is deemed to be a medical certificate issued under this Part.

Section 27R: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

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).

29 Rules relating to safety and security

Without limiting the power conferred by section 28, in the interests of safety or security within the civil aviation system the Minister may make all or any of the following ordinary rules:

(a)
[Repealed]

(b)

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:

(c)

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 aircraft endangering persons or property:

(d)

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.

Section 29(a): repealed, on 13 August 1996, by section 11 of the Civil Aviation Amendment Act 1996 (1996 No 91).

29A Rules relating to airspace

Without limiting the power conferred by section 28,—

(a)

in the interests of safety or security within the civil aviation system; or

(b)

in the interests of national security; or

(c)

for any other reason in the public interest,—

the Minister may make ordinary rules providing for the classification, designation, special use, prohibition, and the restriction of airspace and things affecting navigable airspace, including airspace used by aircraft used by the New Zealand Defence Force or a visiting force.

Section 29A: inserted, on 13 August 1996, by section 12 of the Civil Aviation Amendment Act 1996 (1996 No 91).

29B Rules for noise abatement purposes

Without limiting the power conferred by section 28, the Minister may make ordinary rules prescribing flight rules, flight paths, altitude restrictions, and operating procedures for the purposes of noise abatement in the vicinity of aerodromes.

Section 29B: inserted, on 13 August 1996, by section 12 of the Civil Aviation Amendment Act 1996 (1996 No 91).

30 Rules relating to general matters

Without limiting the power conferred by section 28, the Minister may make ordinary rules for all or any of the following purposes:

(a)

the designation, classification, and certification of all or any of the following:

(i)

aircraft:

(ii)

aircraft pilots:

(iii)

flight crew members:

(iv)

air traffic service personnel:

(v)

aviation security service personnel:

(vi)

aircraft maintenance personnel:

(via)

aviation examiners or medical examiners:

(vii)

air services:

(viii)

air traffic services:

(ix)

aerodromes and aerodrome operators:

(x)

navigation installation providers:

(xi)

aviation training organisations:

(xii)

aircraft design, manufacture, and maintenance organisations:

(xiii)

aeronautical procedures:

(xiv)

aviation security services:

(xv)

aviation meteorological services:

(xvi)

aviation communications services:

(xvii)

any other person who provides services in the civil aviation system, and any aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation related services, facilities, and equipment operated in support of the civil aviation system:

(b)

the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things specified in paragraph (a), including but not limited to the following:

(i)

the specification of the privileges, limitations, and ratings associated with licences or other forms of approval:

(ii)

the setting of standards for training systems and techniques, including recurrent training requirements:

(iii)

the setting of medical standards for personnel:

(iv)

the requirement for proof of access to appropriate weather services:

(v)

the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products:

(vi)

the requirements for notification of insurance coverage for air services:

(vii)

the format of aviation documents, forms, and applications, including the specification of information required on all application forms for aviation documents:

(viii)

the provision of information to the Authority or the Director by applicants for or holders of aviation documents:

(ix)

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:

(x)

the requirements for the grant of delegations by the Director under section 27O(2):

(xi)

the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments under section 27O(2):

(xii)

the requirements and criteria for determining medical experts acceptable to the Director for the purposes of reaching an accredited medical conclusion:

(c)

the conditions of operation of foreign aircraft and international flights to, from, or within New Zealand:

(ca)

to provide for the privileges of an air operator certificate to include conducting air operations in Australia:

(d)

the definitions, abbreviations, and units of measurement to apply within the civil aviation system:

(e)

prescribing the design and colours of the New Zealand Civil Air Ensign, and where and by whom it may be flown.

Compare: 1964 No 68 s 29(4), (5); 1970 No 52 s 2(1)

Section 30(a)(via): inserted, on 1 April 2002, by section 7(1) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 30(b)(vi): amended, on 10 August 1992, by section 19 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 30(b)(viii): amended, on 10 August 1992, by section 40(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 30(b)(ix): added, on 1 April 2002, by section 7(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 30(b)(x): added, on 1 April 2002, by section 7(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 30(b)(xi): added, on 1 April 2002, by section 7(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 30(b)(xii): added, on 1 April 2002, by section 7(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 30(ca): inserted, on 30 March 2007, by section 17 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 30(e): added, on 13 August 1996, by section 13 of the Civil Aviation Amendment Act 1996 (1996 No 91).

31 Power of Director to make emergency rules

(1)

Subject to subsection (2), the Director may from time to time, in accordance with section 35, make such emergency rules as may be necessary to alleviate or minimise any risk of the death of or a serious injury to any person, or of damage to any property.

(2)

The Director shall not make emergency rules unless it is impracticable in the circumstances of the particular case for the Minister to make ordinary rules to effectively alleviate or minimise the risk concerned.

(3)

The Minister may revoke any emergency rule made under subsection (1), and the revocation shall be notified as if it were an emergency rule.

(4)

An emergency 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.

Section 31(4): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

32 Procedures relating to rules

(1)

Every ordinary rule shall—

(a)

be signed by the Minister; and

(b)

contain a statement specifying the objective of the rule and the extent of any consultation under section 34; and

(c)

set out fully the requirements of the rule, except where certain information is, under section 36, incorporated in the rule by reference.

(2)

Every emergency rule shall—

(a)

be signed by the Director; and

(b)

contain a statement specifying the objective of the rule and the extent of the consultation under section 35 that took place before the making of the rule; and

(c)

set out fully the requirements of the rule, except where certain information is, under section 36, incorporated in the rule by reference.

Section 32(1)(c): substituted, on 1 June 2004, by section 18(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 32(2)(c): substituted, on 1 June 2004, by section 18(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

33 Matters to be taken into account in making rules

(1)

The ordinary rules made by the Minister and the emergency rules made by the Director shall not be inconsistent with the following:

(a)

the standards of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:

(b)

New Zealand’s international obligations relating to aviation safety and security.

(2)

In making, or recommending the making of, a rule the Minister or the Director, as the case may be, shall have regard to, and shall give such weight as he or she considers appropriate in each case to, the following:

(a)

the recommended practices of ICAO relating to aviation safety and security, to the extent adopted by New Zealand:

(b)

the level of risk existing to aviation safety in each proposed activity or service:

(c)

the nature of the particular activity or service for which the rule is being established:

(d)

the level of risk existing to aviation safety and security in New Zealand in general:

(e)

the need to maintain and improve aviation safety and security, including (but not limited to) personal security:

(f)

whether the proposed rule—

(i)

assists economic development:

(ii)

improves access and mobility:

(iii)

protects and promotes public health:

(iv)

ensures environmental sustainability:

(fa)

the costs of implementing measures for which the rule is being proposed:

(g)

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:

(h)

such other matters as the Minister or the Director considers appropriate in the circumstances.

Section 33(2): amended, on 1 August 2010, by section 6 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 33(2)(e): substituted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 33(2)(f): substituted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 33(2)(fa): inserted, on 1 December 2004, by section 6 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 33(2)(g): substituted, on 30 March 2007, by section 19 of the Civil Aviation Amendment Act 2004 (2004 No 8).

34 Procedure for making ordinary rules

(1)

Before making any ordinary rule, the Minister must, as the Minister in each case considers appropriate,—

(a)

publish a notice of his or her intention to make the rule; and

(b)

consult—

(i)

the persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies; and

(ii)

the Environmental Protection Authority, established by section 7 of the Environmental Protection Authority Act 2011, about the contents of any rules that relate to the transportation of hazardous substances as defined in section 2(1) of the Hazardous Substances and New Organisms Act 1996.

(2)

Subject to subsection (3), every ordinary rule shall be notified in the Gazette and be made available by the Authority for purchase by members of the public at a reasonable price, and the notification shall specify a place where the rule is available for inspection free of charge and for purchase.

(3)

Where for reasons of security it is inappropriate to notify a rule under subsection (2), the Minister shall notify such persons as he or she considers appropriate or necessary in the circumstances and service of notification may be effected in such other manner as the Minister considers appropriate or necessary in the circumstances, and the rule shall apply only to each person so notified (with effect from service of the rule on the person).

(4)

[Repealed]

Section 34(1): substituted, on 1 August 2010, by section 7(1) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 34(1)(b)(ii): substituted, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).

Section 34(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 34(3): amended, on 1 August 2010, by section 7(2) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 34(4): repealed, on 1 August 2010, by section 7(3) of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

34A Governor-General may make ordinary rules

(1)

Despite anything in this Part, the Governor-General may, by Order in Council, on the recommendation of the Minister, make, amend, or revoke an ordinary rule for any of the purposes for which the Minister may make, amend, or revoke an ordinary rule under this Part.

(2)

The Minister must have regard to the criteria specified in section 33(2) before making a recommendation under subsection (1).

(3)

Sections 32(1)(a) and 34(1) do not apply to an ordinary rule made by Order in Council under subsection (1).

(4)

An ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) must be published as part of the rules as if the Minister had made the rule or the amendment to the rule.

(5)

The Minister may amend or revoke an ordinary rule or an amendment to an ordinary rule made by Order in Council under subsection (1) as if the Minister had made the ordinary rule or the amendment to the ordinary rule under this Part.

(6)

An Order in Council made under subsection (1) 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.

Section 34A: inserted, on 1 August 2010, by section 8 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 34A(6): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

35 Procedure for making emergency rules

(1)

Before making an emergency rule, the Director shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Director in each case considers appropriate.

(2)

Subject to subsection (4), every emergency rule shall be notified in the Gazette and be made available by the Director for purchase by members of the public at a reasonable price, and the notification shall specify a place where the rule is available for inspection free of charge and for purchase.

(3)

Every emergency rule shall come into force immediately upon its being notified in the Gazette, or, where notified by service on any person under subsection (4), immediately upon service of notification upon that person and in respect of that person only.

(4)

Where for reasons of safety or security it is impracticable or inappropriate to notify an emergency rule under subsection (2), the Director shall notify such persons as he or she considers appropriate or necessary in the circumstances and service of such notification may be effected by facsimile, telephone, or such other manner as the Director considers appropriate or necessary in the circumstances.

(5)

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.

(5A)

The Minister may, at any time while an emergency rule is in force in accordance with subsection (5), by notice in the Gazette, renew the rule in accordance with subsection (5B) for a further period not exceeding 180 days from the date of the notification.

(5B)

Before renewing an emergency rule under subsection (5A), the Minister shall consult with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as the Minister thinks appropriate.

(6)

So far as any emergency rule is inconsistent or repugnant to any ordinary rule made under this Act, the emergency rule shall prevail.

Section 35(5): amended, on 13 August 1996, by section 15(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 35(5): amended, on 20 August 1993, by section 5 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 35(5A): inserted, on 13 August 1996, by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 35(5B): inserted, on 13 August 1996, by section 15(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).

36 Incorporation by reference

(1)

The following, whether in written or electronic form, may be incorporated by reference in a rule made by the Minister, the Governor-General, or the Director:

(a)

any standards, requirements, or recommended practices of international aviation organisations:

(b)

any standards, requirements, or rules—

(i)

prescribed under law by any other contracting State of ICAO:

(ii)

of the Standards Council, or a body or organisation outside New Zealand that has functions corresponding to the functions of the Standards Council:

(iii)

of any aviation sport or aviation recreation organisation:

(c)

any other material or document that, in the opinion of the Minister or the Director, is too large or impractical to be printed as part of the rule.

(2)

Material may be incorporated by reference in a rule—

(a)

in whole or in part; and

(b)

with modifications, additions, or variations specified in the rule.

(3)

A copy of any material incorporated by reference in rules, including any amendment to, or replacement of, the material, must be—

(a)

certified as a correct copy of the material by the Minister or the Director (as the case may be); and

(b)

retained by the Director.

(4)

Any material incorporated in a rule by reference under subsection (1) is to be treated for all purposes as forming part of the rule; and, unless otherwise provided in the rules, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the rule.

(5)

The Director must give notice in the Gazette stating—

(a)

that the material is incorporated in the rule and the date on which the rule was made; and

(b)

that the material is available for inspection during working hours, free of charge; and

(c)

the place where the material can be inspected; and

(d)

that copies of the material can be purchased; and

(e)

the place where the material can be purchased; and

(f)

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.

(6)

All material incorporated by reference under subsection (1) or (2) must be made available at the Civil Aviation Registry for inspection by the public free of charge.

(7)

Part 2 of the Legislation Act 2012 does not apply to material incorporated by reference in a rule or to an amendment to, or a replacement of, that material.

(8)

Nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in a rule to be presented to the House of Representatives.

(9)

Subsections (1) to (8) do not affect the application of sections 29 to 32 of the Standards and Accreditation Act 2015.

Section 36: substituted, on 1 August 2010, by section 9 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 36(7): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 36(8): amended, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 36(9): amended, on 1 March 2016, by section 45(1) of the Standards and Accreditation Act 2015 (2015 No 91).

37 Exemption power of Director

(1)

The Director may, if he or she considers it appropriate and upon such conditions as he or she considers appropriate, exempt any person, aircraft, aeronautical product, aerodrome, or aviation related service from any specified requirement in any rule made under section 28, 29A, 29B, or 30.

(2)

Before granting an exemption under subsection (1), the Director shall be satisfied in the circumstances of each case that—

(a)

the requirement has been substantially complied with and that further compliance is unnecessary; or

(b)

the action taken or provision made in respect of the matter to which the requirement relates is as effective or more effective than actual compliance with the requirement; or

(c)

the prescribed requirements are clearly unreasonable or inappropriate in the particular case; or

(d)

events have occurred that make the prescribed requirements unnecessary or inappropriate in the particular case,—

and that the risk to safety will not be significantly increased by the granting of the exemption.

(3)

The number and nature of exemptions granted under subsection (1) shall be notified as soon as practicable in the Gazette.

(4)

Nothing in this section shall apply in any case where any rule specifically provides that no exemptions are to be granted.

Section 37(1): amended, on 1 August 2010, by section 10 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Part 4 Fees and charges

38 Fees and charges

(1)

Without limiting the power to make regulations conferred by section 100, but subject to the provisions of this Act, the Governor-General may, from time to time, by Order in Council, 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 for the establishment, maintenance, and operation of works, facilities, and services under this Act:

(b)

to defray the costs and expenses incurred by the Ministry or the Authority or any of their employees in the exercise of functions, powers, and duties, and in providing services, under this Act:

(ba)

to reimburse the Authority and the convener for costs directly associated with the Director’s functions and the convener’s functions under Part 2A:

(c)

generally for the purposes of civil aviation.

(2)

Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis.

(3)

Any such regulations may—

(a)

specify the persons by whom and to whom any fees or charges are payable:

(b)

prescribe 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.

(4)

Fees and charges in respect of the use of any airport operated or managed by an airport authority shall not be prescribed, except on the advice of the Minister given after consultation with that airport authority.

(4A)

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.

(4B)

Nothing in this section or in section 100 authorises the making of regulations prescribing charges in relation to traveller processing to which the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies.

(5)

For the purposes of this section, the expressions airport and airport authority shall have the same meaning as in the Airport Authorities Act 1966.

Compare: 1964 No 68 ss 13, 13A; 1986 No 128 s 8(3)

Section 38(1)(b): amended, on 10 August 1992, by section 20(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 38(1)(ba): inserted, on 1 April 2002, by section 8 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 38(4A): inserted, on 10 August 1992, by section 20(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 38(4B): inserted, on 15 February 2014, by section 21(1) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3).

39 Rebates

(1)

The person or authority to whom any fees or charges are payable under regulations made under this Act may grant a rebate of such fees or charges to any person who is liable to pay them.

(2)

Every rebate of fees or charges granted under subsection (1) shall—

(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 such services; and

(c)

be granted in accordance with regulations made under this Act.

40 Payment of fees and charges

(1)

Except as otherwise provided in regulations made under this Act, every application under this Act shall be accompanied by payment of all relevant prescribed fees and charges.

(2)

Any regulations made under this Act may—

(a)

prescribe a date by which any such fee or charge is payable or authorise the Authority to fix the date by which the fee or charge is payable:

(b)

provide for a discount for early payment of any such fee or charge or a penalty for late payment, or both, on an equal basis to persons liable to pay the fee or charge.

Section 40(1): substituted, on 10 August 1992, by section 21(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 40(2)(a): amended, on 10 August 1992, by section 21(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

(1)

Where any fee or charge payable under this Act is not paid by the date prescribed or fixed for payment of that fee or charge, the Director may suspend the aviation document to which the unpaid fee or charge relates.

(2)

Where any fee or charge payable under this Act is not paid within 6 months after the date prescribed or fixed for payment of that fee or charge, the Director may revoke the aviation document to which the fee or charge relates.

(3)

Before suspending an aviation document under subsection (1), or revoking an aviation document under subsection (2), the Director shall notify the holder of that document of—

(a)

the Director’s intention to suspend or revoke the document; and

(b)

the right of appeal available to the holder of that document in the event of the document being suspended or revoked.

(4)

Where a fee or a charge is payable in respect of an application under this Act or the provision of a service under this Act, the Authority or the Director or other person asked to process the application or provide the service, as the case may be, may, unless the safety of any person would be put at risk, decline to process that application or provide that service until the appropriate fee or charge has been paid, or arrangements acceptable to the Authority or the Director, as the case may be, for payment of the fee or charge have been made.

(5)

The holder of an aviation document that is suspended under subsection (1) or revoked under subsection (2) may appeal against that decision to a District Court under section 66.

Section 41: substituted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

42 Recovery of fees and charges for aviation related services

(1)

Subject to subsection (2), where a fee or charge is payable under this Act in respect of any function, power, duty, or service carried out or provided by the Authority 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 shall be deemed to be liable to pay that fee or charge.

(2)

Any person who would otherwise be liable to pay a fee or charge in relation to any aircraft in terms of subsection (1) shall not be so liable if that person—

(a)

proves that during any relevant period of use of the aircraft that person was not entitled, whether alone or together with some other person, to possession of the aircraft or that another person was unlawfully in possession of it; and

(b)

has taken all reasonable steps to supply the Authority with such information as would identify the actual user.

Section 42: substituted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Levies

Heading: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

42A Governor-General may impose levies

(1)

Subject to subsection (3), for the purpose of enabling the Authority to carry out its functions under this Act and any other Act, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council impose on all or any of the persons referred to in subsection (2) a levy payable to the Authority, and may in the same manner vary any such order.

(2)

A levy may be imposed under subsection (1) on—

(a)

the holders of aviation documents of any class or classes specified in the order:

(b)

persons who, but for an exemption granted under this Act, would be required by this Act to hold an aviation document of the class or classes specified in the order.

(3)

The Minister shall not make any recommendation under subsection (1) unless—

(a)

the recommendation has been made at the request and with the concurrence of the Authority; and

(b)

he or she is satisfied that the Authority’s income from other sources is not or will not be sufficient to enable it to perform its functions under this Act without the imposition of a levy at the rate recommended; and

(c)

he or she is satisfied that the Authority has consulted with such persons, representative groups within the aviation industry or elsewhere, government departments, and Crown agencies as he or she considers appropriate.

Section 42A: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

42B Basis on which levies may be imposed

(1)

Different rates of levies may be imposed or varied under section 42A in respect of different classes of persons, aerodromes, aircraft, aeronautical products, or aviation related services, or on the basis of different times of use or on any other differential basis.

(2)

The rate of any levy imposed or varied under section 42A may be calculated according to any one of, or any combination of 1 or more of, the following factors:

(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.

Section 42B: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

42C Levy orders are confirmable instruments

(1)

Every Order in Council made under section 42A shall be laid before the House of Representatives not later than the 16th sitting day of the House of Representatives after the day on which it is made.

(2)

The explanatory note of every such Order in Council must indicate that—

(a)

it is a confirmable instrument under section 47B of the Legislation Act 2012; and

(b)

it is revoked at a time stated in the note, unless earlier confirmed by an Act of Parliament; and

(c)

the stated time is the applicable deadline under section 47C(1)(a) or (b) of that Act.

(3)

Where an Order in Council made under section 42A is revoked by section 47C(1)(a) or (b) of the Legislation Act 2012, the following provisions shall apply:

(a)

every levy imposed or increased or decreased by the order shall thereupon cease to be payable:

(b)

the revocation of the order does not affect the liability of any person to pay any amount under the order, so long as the liability was incurred while the order was in force:

(c)

where a payment of a levy under the order has been made in error or in excess of the amount payable, then, except so far as any other provision is made by any other Act in respect thereof, the person in respect of whom the payment was made shall, upon application made to the Authority, be entitled to a refund of the amount paid in error or in excess of the amount payable.

(4)

Every application under subsection (3)(c) shall be in a form provided for the purpose by the Authority and shall contain such information as the Authority considers necessary to enable the refund to be made in accordance with this section.

(5)

[Repealed]

Section 42C: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 42C heading: amended, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 42C(2): replaced, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 42C(3): amended, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 42C(3)(b): amended, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

Section 42C(5): repealed, on 1 January 2016, by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).

42D Other provisions relating to levies

(1)

Every levy imposed under section 42A shall be paid to the Authority to be applied by the Authority in performing its functions under this Act.

(2)

An Order in Council made under section 42A may—

(a)

specify the persons by whom any levy is payable and the place at which it is payable:

(b)

prescribe a date by which any levy is payable or authorise the Authority to fix the date by which the levy is payable:

(c)

require returns to be made by persons by whom any levy is payable, and prescribe conditions relating to the making of such returns.

(3)

Every levy imposed under section 42A is hereby deemed for the purposes of section 41 to be a charge payable under this Act.

(4)

Every such levy order is hereby declared to be a specific authorisation by an enactment for the purposes of section 43 of the Commerce Act 1986.

Section 42D: inserted, on 10 August 1992, by section 22 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Part 5 Offences and penalties

Safety offences

43 Endangerment caused by holder of aviation document

(1)

Every holder of an aviation document commits an offence who, in respect of any activity or service to which the document relates, does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property.

(2)

Every 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 a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(3)

The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act.

Section 43(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 43(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

43A Operating aircraft in careless manner

(1)

Every person commits an offence who operates any aircraft in a careless manner.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $7,000; or

(b)

in the case of a body corporate, to a fine not exceeding $35,000.

(3)

The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act.

Section 43A: inserted, on 13 August 1996, by section 17 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 43A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

Every person commits an offence who—

(a)

operates, maintains, or services; or

(b)

does any other act in respect of—

any aircraft, aeronautical product, or aviation related service, in a manner which causes unnecessary danger to any other person or to any property.

(2)

Every person commits an offence who—

(a)

causes or permits any aircraft, aeronautical product, or aviation related service to be operated, maintained, or serviced; or

(b)

causes or permits any other act to be done in respect of any aircraft, aeronautical product, or aviation related service,—

in a manner which causes unnecessary danger to any other person or to any property.

(3)

Every person who commits an offence against subsection (1) or subsection (2) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(4)

The provisions of this section shall be in addition to and not in derogation of any regulations or rules made under this Act.

Section 44(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 44(3)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

44A Failure to comply with inspection or monitoring request

(1)

Every person commits an offence who, without reasonable excuse, fails to comply with any requirement of the Director under subsection (1) or subsection (3) of section 15.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued.

Section 44A: inserted, on 10 August 1992, by section 23 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 44A heading: amended, on 1 June 2002, by section 11 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 44A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

In addition to any penalty the court may impose under section 43 or section 43A or section 44 or section 44A, the court may, on convicting any person of an offence against either of those sections,—

(a)

disqualify the person convicted from holding or obtaining an aviation document or a particular aviation document; or

(b)

impose on any aviation document held by or issued to the person convicted such restrictions or conditions or both as the court, having regard to the circumstances of the offence, thinks fit—

for such period not exceeding 12 months as the court thinks fit.

(2)

Nothing in subsection (1) shall affect or prevent the exercise by the Director of his or her powers under section 9.

Section 45(1): amended, on 13 August 1996, by section 18 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 45(1): amended, on 10 August 1992, by section 24 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 45(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

46 Acting without necessary aviation document

(1)

Every person commits an offence who—

(a)

operates, maintains, or services; or

(b)

does any other act in respect of—

any aircraft, aeronautical product, or aviation related service, either without holding the appropriate current aviation document or knowing that a current aviation document is required to be held in respect of that aircraft, product, or service before that act may lawfully be done and knowing that the appropriate aviation document is not held.

(2)

Every 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 a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Section 46(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 46(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

46A Acting without required medical certificate

(1)

Every person who exercises the privileges of any aviation document or operates an aircraft solo commits an offence if that person—

(a)

does not hold an appropriate current medical certificate issued under Part 2A or a medical certificate recognised by the Director under the rules; or

(b)

knows or has reasonable grounds to suspect that he or she can no longer exercise safely the privileges to which his or her medical certificate relates; or

(c)

fails to comply with any conditions, restrictions, or endorsements specified by the Director under section 27B(4).

(2)

Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000.

Section 46A: inserted, on 1 April 2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 46A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

Every person commits an offence who makes or causes to be made—

(a)

any fraudulent, misleading, or intentionally false statement for the purpose of obtaining a medical certificate under Part 2A; or

(b)

any fraudulent, misleading, or intentionally false 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 any medical certificate under Part 2A; or

(c)

any reproduction or alteration for fraudulent purposes of any medical certificate issued under Part 2A; or

(d)

any fraudulent, misleading, or intentionally false statement during an investigation under section 27H or a review under section 27L or an assessment under section 27M.

(2)

Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $10,000.

Section 46B: inserted, on 1 April 2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 46B(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

46C Failure to disclose information required by Director

(1)

Every person commits an offence who fails to disclose, without reasonable excuse, information required by the Director under section 27C(1) or section 27H.

(2)

Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding $5,000.

Section 46C: inserted, on 1 April 2002, by section 9 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 46C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

Every person commits an offence who conducts an air operation in New Zealand while in breach of section 11B(1) or (2).

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $25,000.

Section 46D: inserted, on 30 March 2007, by section 20 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 46D(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

46E Failure to cease conducting air operations in New Zealand

(1)

Every person commits an offence who fails to comply with section 11C(3).

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Section 46E: inserted, on 30 March 2007, by section 20 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 46E(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

47 Additional penalty for offences involving commercial gain

(1)

In addition to any penalty the court may impose under section 43 or section 44 or section 44A or section 46, the court may, on convicting any person of an offence specified in any of those sections, order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.

(2)

For the purpose of subsection (1), the value of any gain shall be assessed by the court, and shall be recoverable in the same manner as a fine.

Section 47(1): amended, on 10 August 1992, by section 25 of the Civil Aviation Amendment 1992 (1992 No 75).

General offences

48 Applying for aviation document while disqualified

(1)

Every person commits an offence who applies for or obtains an aviation document while disqualified by an order of the court from obtaining such a document and any such document so obtained shall be of no effect.

(2)

Every 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 6 months or a fine not exceeding $2,000; or

(b)

in the case of a body corporate, to a fine not exceeding $20,000,—

and the court may order the person to be disqualified from holding or obtaining an aviation document for such period not exceeding 12 months as the court thinks fit.

Section 48(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 48(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

(1)

Every person commits an offence who,—

(a)

by any means, provides to the Authority or the Director information relevant to the Authority’s or the Director’s exercise of powers under this Act, or under regulations or rules made under this Act, knowing the information to be false; or

(b)

being an applicant for an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the Authority’s or the Director’s exercise of powers under this Act, or under regulations or rules made under this Act; or

(c)

being the holder of an aviation document, fails, without reasonable excuse, to provide to the Authority or the Director information known to that person which is relevant to the condition specified in section 9(3).

(2)

Every 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 a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Section 49(1): substituted, on 10 August 1992, by section 26 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 49(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 49(2)(a): amended, on 1 June 2004, by section 21(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 49(2)(b): amended, on 1 June 2004, by section 21(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 49(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

(1)

Every person commits an offence who—

(a)

carries on a scheduled international air service in New Zealand without a licence granted under Part 8A; or

(b)

being the holder of a licence granted under Part 8A, carries on a scheduled international air service in New Zealand in a manner contrary to the terms and conditions of the licence.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Section 49A: inserted, on 13 August 1996, by section 19 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 49A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 49A(2)(a): amended, on 1 June 2004, by section 22(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 49A(2)(b): amended, on 1 June 2004, by section 22(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

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

(1)

Every person commits an offence who—

(a)

operates a non-scheduled international flight to which section 87ZE applies contrary to the provisions of that section; or

(b)

being the holder of an open aviation market licence, carries on a non-scheduled international flight in a manner contrary to the terms and conditions of the licence.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $6,000; or

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

Section 49B: inserted, on 13 August 1996, by section 19 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 49B(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 49B(2)(a): amended, on 1 June 2004, by section 23(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 49B(2)(b): amended, on 1 June 2004, by section 23(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

50 Obstruction of persons duly authorised by Director

(1)

Every person commits an offence who obstructs or impedes any person who is duly authorised by the Director and acting in the performance or exercise of any functions, duties, or powers conferred on him or her by this Act, or by any rules made under this Act, and is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000; or

(b)

in the case of a body corporate, to a fine not exceeding $10,000.

(2)

Subsection (1) shall apply only where the person obstructed or impeded is in uniform or produces evidence of his or her authority.

Section 50 heading: amended, on 10 August 1992, pursuant to section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 50(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 50(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 50(1)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

50A Failure or refusal to produce or surrender documents

(1)

Every person commits an offence who, without reasonable excuse, fails or refuses to comply with a requirement made in accordance with section 24(3).

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.

Section 50A: inserted, on 13 August 1996, by section 20 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 50A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

51 Trespass

Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, without reasonable excuse, enters or remains within any aerodrome or any building or area in which are operated technical facilities or services for civil aviation, when directed not to enter or not to remain by a person duly authorised by the Director in writing for that purpose, a constable, or an aviation security officer, or by notice posted by one of those persons.

Section 51: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 51: amended, on 1 October 2008, pursuant to section 116(a)(iii) of the Policing Act 2008 (2008 No 72).

Section 51: amended, on 20 August 1993, by section 17 of the Civil Aviation Amendment Act 1993 (1993 No 90).

52 Failure to maintain accurate records

(1)

Every person commits an offence who contravenes any provision of this Act or any rule made under this Act that requires that person—

(a)

to make accurate entries in a record; or

(b)

to maintain an accurate record; or

(c)

to produce to the Authority or the Director an accurate record.

(2)

Every person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

Section 52(1)(c): amended, on 10 August 1992, by section 40(3) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 52(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 52(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

Every pilot-in-command commits an offence and is liable on conviction to a fine not exceeding $5,000 who, without reasonable excuse, fails to comply with section 13A(6) (which relates to the notification of breaches of this Act or regulations or rules made under this Act that are committed during an emergency).

Section 52A: inserted, on 10 August 1992, by section 27 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 52A: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 52A: amended, on 1 June 2002, by section 12 of the Civil Aviation Amendment Act 2002 (2002 No 15).

52B Failure to notify accident or incident

(1)

Every pilot-in-command or operator commits an offence who, without reasonable excuse, fails to comply with subsection (1) or subsection (1A) or subsection (2) of section 26 (which subsections relate to the notification of an accident or incident).

(2)

Every pilot-in-command or operator who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued; or

(b)

in the case of a body corporate, to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued.

Section 52B: inserted, on 10 August 1992, by section 27 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 52B(2): substituted, on 1 June 2004, by section 24 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 52B(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

52C Failure to provide identifying information

(1)

Every operator of an aircraft or holder of a certificate of registration commits an offence who, without reasonable excuse, fails to comply with section 26A(1) (which relates to the identification of the pilot-in-command of an aircraft).

(2)

Every operator or holder of a certificate of registration who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $50,000.

Section 52C: inserted, on 1 June 2002, by section 13 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 52C(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 52C(2)(a): amended, on 1 June 2004, by section 25(a) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 52C(2)(b): amended, on 1 June 2004, by section 25(b) of the Civil Aviation Amendment Act 2004 (2004 No 8).

53 Contravention of emergency rule, prohibition, or condition

Every person who, without reasonable excuse, acts in contravention of or fails to comply with any emergency rule made under section 31 or any prohibition or condition notified under section 21 commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $5,000; or

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

Section 53: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 53(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

53A 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)

Every person commits an offence 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, public order or public health of, or the safety of air navigation in relation to, that country or territory.

(3)

In any prosecution for an offence against subsection (2), where it is proved by the prosecution that the aircraft was used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, the foreign country or territory, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the aircraft was being so used.

(4)

Every person commits an offence who, being the operator or pilot-in-command of an aircraft to which this section applies that is being flown over any foreign country or territory, 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)

there are reasonable grounds for the appropriate aeronautical authority to believe that the aircraft is being or will be used for a purpose that is prejudicial to the security of, public order or public health of, or the safety of air navigation in relation to, that country or territory,—

unless the lives of persons on board the aircraft or the safety of the aircraft would be endangered by complying with the direction.

(5)

In any prosecution for an offence against subsection (4), where it is proved by the prosecution that the defendant failed to comply with a direction that was given in respect of that aircraft by the appropriate aeronautical authority, in the absence of evidence to the contrary it shall be presumed that the defendant knew that the direction had been given.

(6)

The requirement in subsection (4) is without prejudice to any other requirement to comply with directions given by an aeronautical authority.

(7)

For the purposes of this section, appropriate aeronautical authority includes any person, whether a member of the military authorities or the civil authorities of the foreign country or territory, who is authorised under the law of the foreign country or territory to issue directions to aircraft flying over that country or territory.

(8)

Every person who commits an offence against subsection (2) or subsection (4) is liable on conviction,—

(a)

in the case of an individual, to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

Section 53A: inserted, on 13 August 1996, by section 21 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 53A(1)(b): amended, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Security offences

54 Security area and security enhanced area offences

(1)

Every person commits an offence who, on being found in a security area or security enhanced area,—

(a)

refuses to state his or her name, address, and authority to enter the security area or security enhanced area after—

(i)

having been informed that he or she is in a security area or security enhanced area; and

(ii)

having been requested by an aviation security officer to state those particulars; or

(b)

refuses forthwith to leave the security area or security enhanced area after having been ordered by an aviation security officer to do so.

(2)

Every person who commits an offence under subsection (1) in relation to a—

(a)

security area is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000:

(b)

security enhanced area is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $5,000.

Compare: 1964 No 68 s 21E(3), (6); 1976 No 153 s 4

Section 54 heading: amended, on 18 January 2008, by section 7(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(1): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(1)(a): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(1)(a)(i): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(1)(b): amended, on 18 January 2008, by section 7(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(2): substituted, on 18 January 2008, by section 7(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 54(2)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 54(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

55 Personation or obstruction of aviation security officer

(1)

Every person commits an offence who, not being an aviation security officer,—

(a)

by words, conduct, demeanor, or the assumption of the dress, name, designation, or description of an aviation security officer, holds himself or herself out as being an aviation security officer; or

(b)

wilfully obstructs, or incites or encourages any person to obstruct an aviation security officer in the execution of his or her duty.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

Compare: 1964 No 68 s 21I; 1976 No 153 s 4

Section 55(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

56 Communicating false information affecting safety

(1)

Every person commits an offence who by any means provides to another person information relating to the safety of an aircraft, aerodrome, aeronautical product, aviation related service, or any other facility or product used in or connected with aviation, or any person associated therewith, knowing the information to be false or in a manner reckless as to whether it is false.

(2)

Every 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 a fine not exceeding $10,000; or

(b)

in the case of a body corporate, to a fine not exceeding $100,000.

(3)

Where the commission of an offence against subsection (1) causes financial loss to any person and where the court imposes a fine under subsection (2) in respect of that offence, the court may order that such part of the fine as it thinks fit, but in any event not more than one-half of the fine, be awarded to that person.

Section 56(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 56(2)(b): amended, on 10 August 1992, by section 41 of the Civil Aviation Amendment Act 1992 (1992 No 75).

56A Security check offences

(1)

Every person commits an offence who, in relation to a security check of that person,—

(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)

Every person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000.

Section 56A: inserted, on 26 September 2007, by section 8 of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 56A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Infringement offences

57 Infringement offences

(1)

In this Act infringement offence means an offence specified as such in regulations made under this Act or an offence against a provision specified in section 65Q(2).

(2)

Subject to section 65P, if any person is alleged to have committed an infringement offence that person may either—

(a)

be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

be served with an infringement notice as provided in section 58.

Section 57(1): amended, on 1 June 2004, by section 26(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 57(2): amended, on 1 June 2004, by section 26(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 57(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

58 Infringement notices

(1)

Where the Director or any person duly authorised by the Director observes a person committing an infringement offence or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be issued to that person by the Director or the authorised person.

(2)

An infringement notice may be served—

(a)

by delivering it personally to the person who appears to have committed the infringement offence; or

(b)

by sending it by post addressed to him or her at his or her last known place of residence or business; or

(c)

where the person is a holder of an aviation document, by serving it by post on that person at his or her last address for service provided under section 8.

(3)

An infringement notice sent to a person by post under paragraph (b) or paragraph (c) of subsection (2) shall be deemed to have been served on the person when it would have been delivered in the ordinary course of post.

(4)

Every infringement notice shall be in the prescribed form and shall contain the following particulars:

(a)

such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence:

(b)

the amount of the infringement fee for that offence:

(c)

the address at which the infringement fee may be paid:

(d)

the time within which the infringement fee shall be paid:

(e)

a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:

(f)

a statement of the right of the person served with the notice to request a hearing:

(g)

a statement of the consequences if the person served with the notice does not pay the infringement fee and does not make a request for a hearing:

(h)

such other particulars as are prescribed in regulations made under this Act.

(5)

Different forms of infringement notices may be prescribed in regulations made under this Act in respect of different kinds of infringement offences.

(6)

Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957, and in that case the provisions of that section shall, with the necessary modifications, apply.

Section 58(1): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 58(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Disqualification

59 Effect of disqualification

(1)

Where the holder of an aviation document is disqualified by an order of a court from holding or obtaining an aviation document, the document shall be deemed to be suspended while the disqualification continues in force, and during the period of suspension shall be of no effect.

(2)

If the holder of an aviation document is disqualified from holding or obtaining a document, and the disqualification will expire before the expiration of the term of the document, the document shall, on the expiration of the disqualification, continue to be of no effect until the holder of it undergoes and passes such tests and fulfils such requirements as the Director may from time to time specify.

Compare: 1964 No 68 s 24A; 1975 No 34 s 6

Section 59(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

60 Commencement of period of disqualification

Where an order is made disqualifying any person from holding or obtaining an aviation document, the period of disqualification shall commence on the date of the making of the order unless the court making the order directs that the period of disqualification shall commence on a later date.

Compare: 1964 No 68 s 24C; 1975 No 34 s 6

61 Retention and custody of document

(1)

Where by an order of a court the holder of an aviation document is disqualified from holding or obtaining a document, the person in respect of whom the order is made shall forthwith, and whether or not demand is made, surrender the document to—

(a)

the court where the order was made; or

(b)

to the Authority.

(2)

Where an aviation document is so surrendered, it shall forthwith be forwarded to the Director who shall endorse the terms of the disqualification on the document and 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.

(3)

If the person entitled to the document is a person to whom section 59(2) applies, the document shall not be returned to that person until that person has passed the tests and fulfilled the requirements referred to in that provision.

Compare: 1964 No 68 s 24D; 1975 No 34 s 6

Section 61(1)(b): substituted, on 10 August 1992, by section 28 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 61(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

62 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 by which that order was made 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, remove the disqualification as from such date as may be specified in the order or refuse the application.

(3)

Where the disqualification was ordered by a District Court, every application under this section shall be made to a District Court Judge exercising jurisdiction in the court by which the order was made.

(4)

Notice of every application under this section shall be served on the Director who shall have a right to appear and be heard in respect of the matter.

Compare: 1964 No 68 s 24E; 1975 No 34 s 6

Section 62(4): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

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

Where a court makes an order disqualifying a person from holding or obtaining an aviation document or imposes restrictions or conditions (or both) on any aviation document held by or issued to any person or makes an order under section 62 removing any disqualification, particulars of the order shall be sent by the Registrar of the court to the Director.

Compare: 1964 No 68 s 24F; 1975 No 34 s 6

Section 63 heading: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 63: amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

64 Appeals against disqualification

(1)

For the purposes of Part 6 of the Criminal Procedure Act 2011, an order of a District Court by which any person is disqualified from holding or obtaining an aviation document shall be deemed to be a sentence or part of a sentence, as the case may be. If a notice of appeal against any such order is filed, the court may, if it thinks fit, defer the operation of the order pending the appeal, but otherwise the order shall have immediate effect.

(2)

Any person who is disqualified by an order of a District Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal against the refusal to the High Court in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

(3)

Any person who is disqualified by an order of the High Court from holding or obtaining an aviation document, and who applies for a removal of that disqualification and whose application is refused, may appeal to the Court of Appeal against the refusal in accordance with Part 6 of the Criminal Procedure Act 2011 and that Part applies with the necessary modifications as if the refusal were a sentence.

(4)

Where 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.

(5)

Where an appeal to the High Court or Court of Appeal is allowed under this section, whether in whole or in part, the Registrar of the High Court shall send notice thereof to the Director who shall have a right to appear and be heard in respect of the matter.

(6)

In determining the expiration 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 shall be disregarded.

Compare: 1964 No 68 s 24G; 1975 No 34 s 6

Section 64(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 64(2): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 64(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 64(5): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Charging documents and burden of proof

Heading: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65 Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011 the limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the offence was committed.

Section 65: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65AA Burden of proof of reasonable excuse

In proceedings for an offence against any of sections 44A(1), 46C(1), 49(1)(b) and (c), 50A(1), 51, 52A, 52B(1), 52C(1), 53, 56A(1)(b), 65P(6), 77I(1), 96B(1) and (2), and 99C(1)(a) and (b),—

(a)

the prosecutor need not assert absence of reasonable excuse in the charging document; and

(b)

the burden of proving that the defendant had a reasonable excuse lies on the defendant.

Section 65AA: inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Part 5A Unruly passenger offences

Part 5A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Preliminary provisions

Heading: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

65A Application of this Part

(1)

This Part applies to any unruly passenger offence committed—

(a)

on an aircraft in New Zealand, regardless of the nationality of the aircraft:

(b)

outside New Zealand on an aircraft in flight, regardless of the nationality of the aircraft, if the next landing of the aircraft is New Zealand.

(2)

For the purposes of this Part, an aircraft is in flight from the time when all its external doors are closed after embarkation until the time when any external door is opened for disembarkation.

(3)

Despite subsection (2), in the case of a forced landing an aircraft is in flight until the time when the competent authorities of the country in which the forced landing takes place, or, in the case of a forced landing in a place that is not within the territorial limits of any country, the competent authorities of any country, assume responsibility for the aircraft and for persons and property on board the aircraft.

(4)

A person authorised by the Director to exercise a power or function under this Part must carry a warrant of authority issued by the Director that specifies—

(a)

the name of, and the office or offices held by, that person; and

(b)

the powers and functions that the person is authorised to exercise under this Part.

(5)

A constable may exercise all or any of the powers and functions that may be conferred on a person authorised by the Director under this Part.

(6)

For the purposes of this Part, person authorised by the Director includes (but is not limited to) an aviation security officer authorised by the Director.

Section 65A: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65A(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

65B Liability for offences against this Part despite extraterritoriality

Any person who commits an act or omission on an aircraft in flight outside New Zealand that would be an offence against this Part if it occurred within New Zealand is, subject to this Act, liable as if the act or omission had occurred in New Zealand.

Section 65B: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

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

(1)

Any person who commits an act or omission on an aircraft in flight outside New Zealand that would, if it occurred in New Zealand, be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), 9 (common assault), 11 (wilful damage), or 27 (indecent exposure) of the Summary Offences Act 1981, is liable under that Act as if the act or omission had occurred in New Zealand.

(2)

To avoid doubt, any person who commits an act or omission on an aircraft that would be an offence against sections 3 (disorderly behaviour), 7 (fighting in public place), or 27 (indecent exposure) of the Summary Offences Act 1981 is liable under that Act as if the reference to public place in any of those provisions includes an aircraft.

Section 65C: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

65D Foreign aircraft outside New Zealand

(1)

An infringement notice may be issued, or proceedings commenced, for an unruly passenger offence committed on a foreign aircraft outside New Zealand if—

(a)

the pilot-in-command—

(i)

makes a request in the prescribed form 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 prescribed form that he or she (or the operator of the aircraft) has not made or 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)

To avoid doubt, 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 or not to consent to proceedings.

(3)

Despite subsection (1)(b), proceedings for an unruly passenger offence committed on a foreign aircraft outside of New Zealand may be commenced without the Attorney-General’s consent if—

(a)

a copy of the infringement notice is filed or particulars of the infringement notice are provided under section 65S(1); or

(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 Part, 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.

Section 65D: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65D(3)(a): substituted, on 1 March 2007, by section 32(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

65E Proceedings for offences

(1)

[Repealed]

(2)

[Repealed]

(3)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011 the limitation period in respect of the offences specified in this Part (except sections 65F and 65G(1)(d)) ends on the date that is 12 months after the date on which the offence was committed.

(4)

Subject to section 65C, nothing in this Part affects the liability of any person under any other enactment.

Section 65E: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65E(1): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65E(2): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65E(3): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Unruly passenger offences

Heading: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

65F Strict liability for acts endangering safety

(1)

A person commits an offence who acts in a manner that endangers an aircraft or any person in an aircraft.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.

Section 65F: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65F(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65G Disruptive conduct towards crew member

(1)

Every person commits an offence who, while in an aircraft,—

(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 the performance by a crew member of his or her duties; or

(d)

intentionally interferes with the performance by a crew member of his or her duties.

(2)

Every person who commits an offence against subsection (1)(a) or (b) or (c) is liable on conviction to a fine not exceeding $5,000.

(3)

Every person who commits an offence against subsection (1)(d) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $10,000.

(4)

It is a defence in a prosecution under subsection (1)(a) for using offensive or insulting words if the defendant proves that he or she had reasonable grounds to believe that his or her words would not be overheard by a crew member.

Section 65G: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65G(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65G(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65H Interference with aircraft

(1)

Every person commits an offence who tampers or interferes with any aircraft, any component of an aircraft, or its equipment, including, but not limited to, smoke detectors.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

Section 65H: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65H(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65I Intoxicated persons on aircraft

(1)

Every person (except a person under medical care) commits an offence who—

(a)

is intoxicated and boards an aircraft; or

(b)

becomes intoxicated on an aircraft.

(1A)

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.

(2)

Every person who commits an offence against—

(a)

subsection (1)(a) is liable on conviction to a fine not exceeding $5,000:

(b)

subsection (1)(b) is liable on conviction to a fine not exceeding $3,000.

(3)

For the purposes of this section, a person is intoxicated if the pilot-in-command (or senior flight attendant authorised by the pilot-in-command for this purpose) has reasonable grounds to believe that the person is under the influence of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012) or an intoxicating substance to such an extent as to—

(a)

be incapable of properly looking after himself or herself; or

(b)

actively present a hazard to the aircraft or to persons on the aircraft; or

(c)

offend against the good order and discipline required on an aircraft.

(4)

For the purposes of this section, person under medical care means a person who—

(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.

Section 65I: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65I(1A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(2)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(2)(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65I(3): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

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

(1)

Every person commits an offence 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 his or her duties under section 13 or the rules.

(2)

Despite section 28(6), every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000.

Section 65J: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65J(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65K Offensive behaviour or words

(1)

Every person commits an offence who, on any aircraft,—

(a)

behaves in a threatening, offensive, insulting, or disorderly manner; or

(b)

uses threatening, offensive, or insulting words.

(2)

Every 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 he or she had reasonable grounds to believe that his or her words would not be overheard.

Section 65K: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65K(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65L Portable electronic devices not to be operated

(1)

Every person commits an offence who operates a portable electronic device on board an aircraft in breach of the rules.

(2)

Despite section 28(6), every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.

Section 65L: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65L(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65M Non-compliance with seating and seatbelt instructions

(1)

Every person commits an offence who fails to comply with an instruction given by a crew member, passenger information signs, or placards to—

(a)

occupy a seat or berth; and

(b)

fasten and keep fastened about the person any installed safety belt or safety harness.

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.

Section 65M: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65M(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65N No smoking

(1)

Every person commits an offence who smokes—

(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)

in contravention of section 96A(6).

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.

(3)

In subsection (1), to smoke has the meaning set out in section 96A(1).

Section 65N: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65N(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65O Dangerous goods

(1)

Every person commits an offence who, in breach of the rules, carries or causes to be carried on an aircraft any dangerous goods.

(2)

Despite section 28(6), every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $2,500.

Section 65O: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65O(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65P Procedure for certain unruly passenger offences

(1)

If any offence specified in section 65Q(2) is alleged to have been committed by any person (in this section, the defendant), the pilot-in-command of the aircraft at the time of the alleged offence may, by any available means, notify, or cause to be notified,—

(a)

the Director; or

(b)

a person authorised by the Director.

(2)

If the Director or a person authorised by the Director has reason to believe that a defendant has committed any offence specified in section 65Q(2),—

(a)

the defendant may be proceeded against by filing a charging document under section 14 of the Criminal Procedure Act 2011; or

(b)

the Director or the person authorised by the Director may issue an infringement notice in respect of the alleged offence.

(3)

If the Director or a person authorised by the Director has reasonable cause to suspect that a person has committed any offence specified in section 65G(1)(a) to (c) or section 65H or section 65J or section 65K or section 65Q(2), he or she may require the person to give his or her full name, address, and date of birth.

(4)

If the Director or the person authorised by the Director has reasonable grounds to suppose that any details provided under subsection (3) are false or misleading, he or she may require the person to give such verification of those details as it is reasonable in the circumstances to require that person to provide.

(5)

If the person, without reasonable excuse, refuses or fails to comply with a request under subsection (3) or subsection (4), and persists in that refusal or failure after being warned by the Director or a person authorised by the Director that he or she may be arrested for committing an offence by that refusal or failure, a constable may arrest that person without warrant.

(6)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

(a)

refuses or fails to comply with a request under subsection (3) or subsection (4); or

(b)

gives details that are false or misleading in a material respect to the Director or a person authorised by the Director in response to such a request.

(7)

Evidence produced by the defendant to the Director or the person authorised by the Director under subsection (4) must be inspected without delay and returned to the defendant as soon as practicable after the inspection has concluded.

(8)

The Director or a person authorised by the Director—

(a)

may deliver an infringement notice (or a copy of it) to the defendant personally; or

(b)

may send it (or a copy of it) to the defendant by post addressed to the defendant’s last known place of residence or business.

Section 65P: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65P(2)(a): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 65P(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 65P(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

65Q Form of infringement notice

(1)

An infringement notice under section 65P must be in the prescribed form, and must specify—

(a)

enough details to inform the defendant fairly of the time, place, and nature of the offence alleged; and

(b)

the amount of the infringement fee specified in respect of that offence in subsection (2); and

(c)

where the fee may be paid; and

(d)

the time within which the fee may be paid; and

(e)

how and where payment may be made under section 65R; and

(f)

a summary of how the provisions of section 21(10) of the Summary Proceedings Act 1957 apply to the offence alleged; and

(g)

that the defendant has a right to request a hearing; and

(h)

a statement of the consequences if the defendant neither pays the fee nor requests a hearing; and

(i)

any other particulars as are prescribed by regulations made under this Act.

(2)

The infringement fee is,—

(a)

in the case of an offence against section 65I(1)(a), $1,000:

(b)

in the case of an offence against section 65I(1)(b), $600:

(c)

in the case of an offence against section 65L, $500:

(d)

in the case of an offence against section 65M, $500:

(e)

in the case of an offence against section 65N, $500:

(f)

in the case of an offence against section 65O, $500.

Section 65Q: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

65R Payment of fees

(1)

If an infringement notice under section 65P (or a copy of it) is served by delivering it to the defendant on arrival at an international airport for an offence on an international flight, the defendant may choose to pay immediately the infringement fee in the manner specified in the notice.

(2)

All infringement fees received in respect of an infringement notice under section 65P, whether immediately after service or later, must be paid into a Crown Bank Account.

Section 65R: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65R(2): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).

65S Filing of notices

(1)

The Director, or a person authorised by the Director, may provide particulars of an infringement notice issued under section 65P, in accordance with section 21(4) and (4A) of the Summary Proceedings Act 1957, after a period of 14 days from the date of service of the infringement notice, or a copy of the infringement notice, if—

(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 notice requesting a hearing in respect of that offence.

(2)

If an infringement notice under section 65P has been issued and served under this section, the Summary Proceedings Act 1957 applies as if that notice were a reminder notice served under section 21(2) of that Act, and the provisions of that Act apply, with all necessary modifications, to the alleged offence as if—

(a)

the reference in section 21(1)(b) to providing particulars of a reminder notice under that section were a reference to providing particulars of the infringement notice under subsection (1) of this section; and

(b)

subsection (1) of this section were in the place of section 21(3); and

(c)

the reference in section 21(3A) to the particulars of a reminder notice not having been provided under section 21(3) were a reference to the particulars of the infringement notice not having been provided under subsection (1) of this section; and

(d)

every reference in section 21(4), (4A), and (4B) to particulars of a reminder notice were a reference to the particulars of an infringement notice and every reference to the contents of a reminder notice were a reference to the contents of an infringement notice; and

(e)

the reference in section 21(4)(a) to parts of the reminder notice were a reference to parts of the infringement notice; and

(f)

the reference in section 21(4C) to particulars of a reminder notice were a reference to particulars of an infringement notice; and

(g)

the reference in section 21(4C) to the reminder notice were a reference to the infringement notice; and

(h)

the reference in section 21(5) to the verification of particulars of a reminder notice provided under section 21(3) were a reference to the verification of particulars of an infringement notice provided under subsection (1) of this section; and

(i)

the reference in section 21(6)(b) and in section 21(10)(a) to a period of 28 days after the service of a reminder notice were a reference to the period of 14 days after the service of the infringement notice; and

(j)

each reference in section 21A and section 78B to a reminder notice were a reference to an infringement notice and each reference in section 21A and section 78B to the reminder notice were a reference to the infringement notice; and

(k)

the references to reminder notices in the definition of defendant in section 2, and in section 212, and in any other relevant provisions of that Act or in any regulations made under that Act, were references to the infringement notice.

(3)

[Repealed]

(4)

Despite section 203(1) of the Summary Proceedings Act 1957, an infringement notice under section 65P may be issued and served on a Sunday.

(5)

For the purpose of subsection (1), an infringement notice sent by post is deemed to have been served on the defendant when it was posted.

Section 65S: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 65S(1): substituted, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 65S(2): substituted, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 65S(3): repealed, on 1 March 2007, by section 32(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

65T Savings

(1)

Nothing in this Part applies to any—

(a)

proceedings commenced before the commencement of this Act; or

(b)

cause of action that arose before the commencement of this Act; or

(c)

act or omission that occurred before the commencement of this Act.

(2)

All proceedings commenced under any other enactment for an offence committed before the commencement of this Part may be continued and completed under that other enactment as if this Part had not come into force.

Section 65T: inserted, on 1 June 2004, by section 28 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Part 6 Rights of appeal

66 Appeal to District Court

(1)

A person may appeal to a District Court against a specified decision made under this Act by the Director if another section of this Act gives that 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)

Every decision of the Director appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

(4)

Even though an appeal under this section may have been determined in favour of the appellant, the Director may, subject to the like right of appeal, refuse to grant, revoke, suspend, disqualify, or otherwise deal with, in accordance with the provisions of this Act, any aviation document, any person to which or to whom the appeal related, or any aviation document or approval granted or restored in compliance with the decision of the District Court on the appeal, on any sufficient grounds supported by facts or evidence discovered since the hearing of the appeal.

(5)

In this section, a specified decision is a decision—

(a)

concerning the grant, issue, revocation, or suspension of an aviation document:

(b)

to impose conditions on an aviation document:

(c)

to exercise powers under section 21:

(d)

to decline to register an aircraft under section 6.

(e)

concerning the issue of a medical certificate under section 27B (other than a decision under subsection (5)(b) of that section):

(f)

to impose or amend conditions, restrictions, or endorsements on a medical certificate under section 27I(7)(a):

(g)

to disqualify a licence holder under section 27I(7)(c):

(h)

to revoke a medical certificate under section 27I(7)(d) and (11):

(i)

concerning the implementation of the results of a report by the convener under section 27L or section 27M:

(j)

to amend an AOC with ANZA privileges or withdraw those privileges under section 11I(3).

Section 66: substituted, on 1 June 2002, by section 14 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 66(5)(e): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 66(5)(f): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 66(5)(g): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 66(5)(h): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 66(5)(i): added, on 24 February 2006, by section 29(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 66(5)(j): added, on 30 March 2007, by section 29(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

67 Procedure
[Repealed]

Section 67: repealed, on 1 June 2002, by section 14 of the Civil Aviation Amendment Act 2002 (2002 No 15).

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

Section 68: repealed, on 1 June 2002, by section 15 of the Civil Aviation Amendment Act 2002 (2002 No 15).

69 Appeal to High Court on question of law

(1)

Every party to an appeal under section 66 may appeal to the High Court on a question of law.

(2)

The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.

Section 69(2): substituted, on 24 November 2003, by section 4 of the District Courts Amendment Act 2002 (2002 No 63).

70 Further appeal to Court of Appeal

(1)

Every party to an appeal under section 69 may, with the leave of the High Court or (if that leave is declined) with special leave of the Court of Appeal, appeal to the Court of Appeal on that question of law.

(2)

On any appeal under subsection (1), the Court of Appeal may make such order or determination as it thinks fit.

(3)

The decision of the Court of Appeal on an appeal under this section, or on any application for leave to appeal to the court, shall be final.

(4)

Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with the rules of court.

71 Evidence and proof

(1)

In any proceedings for an offence against this Act, the following provisions shall apply:

(a)

a copy of any aviation document which is certified correct by the Director or any other employee of the Authority authorised in that behalf by the Director shall be sufficient, in the absence of proof to the contrary, to prove that document:

(b)

evidence of the contents of the New Zealand Register of Aircraft maintained under section 72B(f) may be given by a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director; and every such certificate shall be sufficient evidence of the matters stated in it, until the contrary is proved:

(c)

the production of a certificate signed by the Director or any other employee of the Authority authorised in that behalf by the Director to the effect that on a specified date a person or organisation was or was not the holder of any aviation document or any specified type of aviation document shall be sufficient evidence of the matter certified, until the contrary is proved:

(ca)

the production of a written statement signed by the Director to the effect that on a specified date a person was or was not the holder of a medical certificate issued under Part 2A, or the rules before the commencement of the Civil Aviation (Medical Certification) Amendment Act 2001, is sufficient evidence of the matter stated, until the contrary is proved:

(cb)

the production of a certified copy of material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in a rule:

(d)

until the contrary is proved, it shall be presumed that every certificate purporting to have been certified or given under this section has been certified or given by the Director or by any other employee of the Authority authorised by the Director to certify documents or give certificates under this section.

(e)

any licence granted under Part 8A may be proved by the production of a copy of that licence certified to be correct by the Secretary.

(2)

Without limiting any other method of proof, the production in any proceedings of a copy of—

(a)

any ordinary rule purporting to have been made by the Minister under Part 3; or

(b)

any emergency rule purporting to have been made by the Director under section 31

shall, in the absence of proof to the contrary, be sufficient evidence of the rule and of the fact that it has been made in accordance with the provisions of that Part.

Section 71(1)(a): amended, on 10 August 1992, by section 30(a) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 71(1)(b): amended, on 13 August 1996, by section 23(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 71(1)(b): amended, on 10 August 1992, by section 30(b) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 71(1)(c): amended, on 10 August 1992, by section 30(c) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 71(1)(ca): inserted, on 1 April 2002, by section 10(1) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

Section 71(1)(cb): inserted, on 1 August 2010, by section 11 of the Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010 (2010 No 42).

Section 71(1)(d): amended, on 10 August 1992, by section 30(d) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 71(1)(e): added, on 13 August 1996, by section 23(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 71(2): added, on 20 August 1993, by section 6 of the Civil Aviation Amendment Act 1993 (1993 No 90).

72 Evidence of air traffic services provider

(1)

Any document used in recording services in relation to the movement of any aircraft and purporting to have been initiated at the time of the movement by an employee of a person providing air traffic services shall be admissible in every court and in every judicial examination or proceeding as prima facie evidence that the air traffic services described in such document were provided on the date and for the aircraft referred to in the document.

(2)

A document certified by an employee of a person providing air traffic services purporting to be a computer record of the provision of air traffic services, the particulars of which have been recorded or stored in the usual and ordinary course of the business of such person, shall be admissible as if it were a document to which subsection (1) applies.

(3)

For the purposes of this section, the expression computer record includes a microfiche, a microfiche printout, a computer printout, or any other document produced by a device by means of which information is recorded or stored.

Compare: 1964 No 68 s 17F; 1987 No 108 s 4

Part 6A Civil Aviation Authority of New Zealand

Part 6A: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

72A Civil Aviation Authority of New Zealand established

(1)

There is hereby established an authority to be known as the Civil Aviation Authority of New Zealand.

(1A)

The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

(1B)

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.

(2)

The Authority shall consist of 5 members appointed in accordance with section 28(1)(a) of the Crown Entities Act 2004.

(2A)

Members of the Authority are the board for the purposes of the Crown Entities Act 2004.

(3)

[Repealed]

(4)

The Minister shall appoint as members persons who the Minister considers will represent the public interest in civil aviation.

(4A)

Subsection (4) does not limit section 29 of the Crown Entities Act 2004.

(5)

Before appointing 2 of the members, the Minister shall request, from such organisation or organisations as the Minister considers represent those who have a substantial interest in the civil aviation industry in New Zealand, the names of persons such organisation or organisations consider proper candidates for appointment to the Authority.

(6)

[Repealed]

(7)

A person may hold office as a member concurrently with any other office, except any office or appointment under the Transport Accident Investigation Commission Act 1990.

(8)

Neither the Director nor any other employee of the Authority may be a member of the Authority.

(9)

The Authority is owned by the Crown.

(10)

The Authority is hereby deemed to be a Crown entity for the purposes of the Public Finance Act 1989.

(11)

[Repealed]

(12)

The provisions of Schedule 3 shall apply in relation to the Authority.

Section 72A: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72A(1A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(1B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(2): amended, on 1 June 2004, by section 30 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 72A(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(3): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(5): amended, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(6): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(9): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72A(10): amended, on 21 December 1992, by section 42 of the Public Finance Amendment Act 1992 (1992 No 142).

Section 72A(11): repealed, on 20 August 1993, by section 7(b) of the Civil Aviation Amendment Act 1993 (1993 No 90).

72AA Objective of Authority

The objective of the Authority is to undertake its safety, security, and other functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system.

Section 72AA: inserted, on 1 December 2004, by section 7 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

72B Functions of Authority

(1)

[Repealed]

(2)

The Authority has the following functions:

(a)

to promote civil aviation safety and security in New Zealand:

(b)

to promote civil aviation safety and security beyond New Zealand in accordance with New Zealand’s international obligations:

(c)
[Repealed]

(ca)

to establish and continue a service to be called the Aviation Security Service:

(d)

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:

(e)

to notify the Transport Accident Investigation Commission in accordance with section 27 of accidents and incidents notified to the Authority:

(f)

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 Registry:

(g)

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 such charts and information:

(h)

to provide to the Minister such information and advice as the Minister may from time to time require:

(i)

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 Authority are satisfied that the performance of the functions and duties of the Authority will not be compromised:

(ia)

to provide information and advice with respect to civil aviation, and to foster appropriate information education programmes with respect to civil aviation, that promote its objective:

(j)

to enter into technical or operational arrangements, or both, with civil aviation authorities of other countries.

(2A)

The Authority must, if directed to do so by the Minister under section 14C, do any or all of the following:

(a)

operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a):

(b)

co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a):

(c)

perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a):

(d)

exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2).

(3)

The Authority must carry out any other civil aviation functions and duties that—

(a)

are conferred on it by this Act or any other Act; and

(b)

the Minister may direct in accordance with section 112 of the Crown Entities Act 2004.

(3A)

The Authority may provide such administrative support services for the Aviation Security Service, and on such terms and conditions, as are agreed between the Director and the General Manager.

(3B)

The Authority shall perform its functions in respect of the Aviation Security Service separately from its other functions and shall maintain accounts, records, and reports accordingly.

(4)

[Repealed]

Section 72B: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72B(1): repealed, on 1 December 2004, by section 8(1) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2): amended, on 1 December 2004, by section 8(2) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(a): substituted, on 1 December 2004, by section 8(3) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(b): substituted, on 1 December 2004, by section 8(3) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(c): repealed, on 1 December 2004, by section 8(3) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(ca): inserted, on 20 August 1993, by section 8(1) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 72B(2)(i): substituted, on 1 December 2004, by section 8(4) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(ia): inserted, on 1 December 2004, by section 8(4) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(2)(j): added, on 24 February 2006, by section 31 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 72B(2A): substituted, on 1 December 2004, by section 8(5) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(3): substituted, on 1 December 2004, by section 8(6) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72B(3)(b): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72B(3A): inserted, on 20 August 1993, by section 8(2) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 72B(3B): inserted, on 20 August 1993, by section 8(2) of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 72B(4): repealed, on 1 December 2004, by section 8(1) of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

72C Authority to comply with policy directions
[Repealed]

Section 72C: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

If the Minister of Finance is satisfied at any time that in any financial year the Aviation Security Service has a surplus of funds, he or she may, after consultation with the Minister, direct the Authority to pay to the Crown a sum equal to the whole or any part of that surplus, as the Minister of Finance thinks fit.

Section 72CA: inserted, on 20 August 1993, by section 9 of the Civil Aviation Amendment Act 1993 (1993 No 90).

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

Section 72D: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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

Subject to this Act, the Authority shall, in the course of performing its functions and powers, consider whether it could most efficiently and effectively perform those functions and powers by means of its own operations or by delegating or contracting out those operations to appropriate persons selected after an appropriate competitive process.

Section 72E: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

72F Restriction applying to statement of intent

(1)

[Repealed]

(2)

[Repealed]

(3)

No provision specifying any liabilities the Authority intends to incur may be included in a statement of intent without the concurrence of the Minister of Finance.

Section 72F: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72F heading: replaced, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 72F(1): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).

Section 72F(2): repealed, on 1 July 2014, by section 72 of the Crown Entities Amendment Act 2013 (2013 No 51).

72G Service charter

(1)

As soon as practicable after the commencement of this Act but in any event not later than 1 January 1993, the Authority shall prepare and make available to the public a service charter including (but not limited to)—

(a)

a statement by the Authority of the standards of service which the public can expect to apply to the carrying out of functions of the Authority and the Director under this Act and any regulations or rules made under this Act; and

(b)

details of the procedures to be followed under the service charter by a person who alleges that the standards were not met; and

(c)

details of the remedies that are available under the service charter to the person affected where it is established by that person to the satisfaction of the Authority that the standards were not met; and

(d)

provision for the appointment by the Authority 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 service charter.

(2)

The service charter may make provision for a person to be appointed as a deputy to the person appointed under the provision referred to in subsection (1)(d), and for the functions, duties, and powers of the deputy.

(3)

The Authority, the Director, any employee or agent of the Authority, and any agent of the Director shall have a public duty to observe the provisions of the service charter.

(4)

If the Authority fails to comply with subsection (1), the Minister shall prepare the service charter and shall make it available to the public.

(5)

The Authority (in any case) and the Minister (where the Minister has prepared it) may from time to time, in writing, amend the service charter, and shall make such amendments available to the public.

(6)

The Authority shall not amend the service charter under subsection (5) if the service charter is prepared by the Minister under subsection (4).

(7)

Nothing in the service charter shall limit or restrict any right to make any complaint or to bring any proceedings under any Act or rule of law.

Section 72G: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72G(5): amended, on 20 August 1993, by section 11 of the Civil Aviation Amendment Act 1993 (1993 No 90).

72H Use of words Civil Aviation Authority

(1)

No company or other body shall be incorporated or registered under a name that contains the words “Civil Aviation Authority” or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive.

(2)

Nothing in subsection (1) shall apply to the Authority or to any person who is appropriately authorised by the Authority.

Section 72H: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

72I Director of Civil Aviation

(1)

The Authority shall from time to time appoint a chief executive of the Authority, who shall be known as the Director of Civil Aviation.

(2)

The Director shall have and may exercise such functions and powers as may be conferred or imposed on the Director by this Act, or regulations or rules made under this Act, and such functions and powers as may be delegated to the Director by the Authority under section 73 of the Crown Entities Act 2004.

(3)

Without limiting subsection (2), the Director shall—

(a)

exercise control over entry into the civil aviation system through the granting of aviation documents under this Act; and

(b)

take such action as may be appropriate in the public interest to enforce the provisions of this Act and of regulations and rules made under this Act, including the carrying out or requiring of inspections and monitoring; and

(c)

monitor adherence, within the civil aviation system, to any regulatory requirements relating to—

(i)

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

(ii)

access and mobility:

(iii)

public health:

(iv)

environmental sustainability:

(v)

any other matter; and

(d)

ensure regular reviews of the civil aviation system to promote the improvement and development of its safety and security.

(3A)

Without limiting subsection (2), where the Director believes on reasonable grounds—

(a)

that an unsafe condition exists in any aircraft or aeronautical product; and

(b)

that condition is likely to exist or develop in any other aircraft or aeronautical products of the same design,—

the Director may, by notice in writing, issue an airworthiness directive in respect of aircraft or aeronautical products, as the case may be, of that design.

(3B)

Notice of an airworthiness directive issued under subsection (3A) must be given in the Gazette.

(3C)

An airworthiness directive issued under subsection (3A) comes into force on the date specified in the directive, which may be a date earlier than the date of notification of the issuing of the directive in the Gazette under subsection (3B), if—

(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 not later than 28 days after the directive comes into force.

(3D)

The Director may enter into arrangements with CASA for the purpose of giving effect to the ANZA mutual recognition agreements.

(4)

In performing or exercising any functions or powers in relation to—

(a)

the granting of aviation documents; or

(aa)

the issue, suspension, or revocation of medical certificates; or

(b)

the suspension of aviation documents; or

(c)

the revocation of aviation documents; or

(d)

the granting of exemptions; or

(e)

the enforcement of the provisions of this Act or any other Act, or of rules or regulations made under any such Act,—

in respect of any particular case, the Director shall act independently and shall not be responsible to the Minister or the Authority for the performance or exercise of such functions or powers.

Section 72I: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72I(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 72I(3)(b): amended, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72I(3)(b): amended, on 1 June 2002, by section 16(1) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 72I(3)(c): added, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72I(3)(d): added, on 1 December 2004, by section 9 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

Section 72I(3A): inserted, on 13 August 1996, by section 26 of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 72I(3A): amended, on 1 June 2002, by section 16(2) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 72I(3B): substituted, on 1 June 2002, by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 72I(3C): inserted, on 1 June 2002, by section 16(3) of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 72I(3D): inserted, on 30 March 2007, by section 32 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 72I(4): substituted, on 20 August 1993, by section 12 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 72I(4)(aa): inserted, on 1 April 2002, by section 10(2) of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).

72J Acting Director of Civil Aviation

(1)

In the case of absence from duty of the Director (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the Director or pertaining to the position may be exercised and performed by—

(a)

any other employee for the time being directed by the Authority to exercise and perform them; or

(b)

any other person for the time being appointed by the Authority to exercise and perform them,—

whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.

(2)

No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates.

(3)

No person employed within the Aviation Security Service shall be given any direction or appointment by the Authority under this section without the prior written approval of the Minister.

Section 72J: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72J(3): added, on 20 August 1993, by section 13 of the Civil Aviation Amendment Act 1993 (1993 No 90).

72K 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 such other functions in relation to such examinations, tests, and flight testing as may be necessary.

Section 72K: inserted, on 10 August 1992, by section 31 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 72K: amended, on 1 June 2002, by section 17 of the Civil Aviation Amendment Act 2002 (2002 No 15).

72L General Manager of Aviation Security Service

(1)

The Authority shall from time to time appoint a General Manager of the Aviation Security Service who, by virtue of his or her office, shall be an aviation security officer.

(2)

The General Manager shall have and may exercise such functions and powers in relation to the Aviation Security Service as may be conferred or imposed on the General Manager by this Act, or regulations or rules made under this Act, and such functions and powers in relation to aviation security services as may be delegated to the General Manager by the Authority under section 73 of the Crown Entities Act 2004 or by the Director under section 23A of this Act.

(3)

The General Manager shall, in performing any functions or exercising any powers conferred or imposed on the General Manager by this Act or any other Act, or by regulations or rules made under this Act or any other Act, (including any functions or powers relating to enforcement of the aviation security provisions of this Act or any other Act, or regulations or rules made under this Act or any other Act), in respect of any particular case, act independently and shall not be responsible to the Minister, the Authority, or the Director for the performance of such functions or the exercise of such powers.

Section 72L: inserted, on 20 August 1993, by section 14 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 72L(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

72M Acting General Manager of Aviation Security Service

(1)

In the case of absence from duty of the General Manager (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the General Manager or pertaining to that position may be exercised and performed by—

(a)

any other person in the Aviation Security Service for the time being directed by the Authority to exercise and perform them; or

(b)

any other employee of the Authority for the time being directed by the Authority (with the prior written approval of the Minister) to exercise and perform them; or

(c)

any other person for the time being appointed by the Authority to exercise and perform them,—

whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.

(2)

No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates.

Section 72M: inserted, on 20 August 1993, by section 14 of the Civil Aviation Amendment Act 1993 (1993 No 90).

72N Use of words Aviation Security Service

(1)

No company or other body shall be incorporated or registered under a name that contains the words “Aviation Security Service” or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive.

(2)

Nothing in subsection (1) shall apply to the Aviation Security Service or the Authority or to any person who is appropriately authorised by the Authority.

Section 72N: inserted, on 20 August 1993, by section 14 of the Civil Aviation Amendment Act 1993 (1993 No 90).

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

(1)

Every reference in sections 23A, 23B, 42, 49(1)(a), and 50 to the Director shall be read as a reference to the General Manager in so far as the subject matter relates to aviation security services, the Aviation Security Service, or the office of the General Manager.

(2)

Where any doubt arises as to whether or not any subject matter relates to aviation security services, the Aviation Security Service, or the office of the General Manager, or relates to any other matter to which this Act relates, the issue shall be determined by the Authority.

(3)

No act, omission, or proceeding shall be called into question or declared invalid on the ground that the Director or the General Manager was not the appropriate person to be involved in the act, omission, or proceeding if it is clear that either the Director or the General Manager was the appropriate person to be so involved.

Section 72O: inserted, on 20 August 1993, by section 14 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Part 7 Registries and information services

73 New Zealand Register of Aircraft

(1)

The Authority shall establish a register to be called the New Zealand Register of Aircraft.

(2)

The Authority shall enter in the Register such particulars as may be prescribed of every aircraft registered under section 6(1)(a).

Compare: 1964 No 68 s 29(2)(h)

Section 73(1): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 73(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

74 Civil Aviation Registry

(1)

The Authority shall establish a Civil Aviation Registry.

(2)

Copies or appropriate evidence of the following shall be recorded and maintained at the Registry:

(a)

every current aviation document:

(ab)

every Australian AOC with ANZA privileges:

(b)

the New Zealand Register of Aircraft:

(c)

every regulation made under this Act, and every rule notified in the Gazette and for the time being in force:

(ca)

any material incorporated into a rule by reference under section 36:

(d)

every accident and incident notification given under section 26:

(da)

every airworthiness directive issued by the Director under section 72I(3A):

(e)

every delegation, authorisation, and exemption granted in writing under this Act:

(f)

the address for service of every current applicant for an aviation document and of every current aviation document holder:

(g)

all information published under section 75:

(h)

the current service charter:

(i)

the current statement of intent under section 139 of the Crown Entities Act 2004.

(3)

Documents kept at the Registry shall be made available by the Authority, in accordance with the provisions of the Official Information Act 1982, for inspection by the public free of charge.

(4)

Subsection (3) is subject to the Privacy Act 1993.

Section 74(1): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 74(2)(a): substituted, on 13 August 1996, by section 27(1) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 74(2)(ab): inserted, on 30 March 2007, by section 33(1) of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 74(2)(ca): inserted, on 13 August 1996, by section 27(2) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 74(2)(da): inserted, on 13 August 1996, by section 27(3) of the Civil Aviation Amendment Act 1996 (1996 No 91).

Section 74(2)(h): added, on 10 August 1992, by section 32 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 74(2)(i): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 74(3): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 74(4): added, on 1 June 2004, by section 33(2) of the Civil Aviation Amendment Act 2004 (2004 No 8).

75 Information services

(1)

The Authority shall ensure that an information service is provided which shall comprise the collection and dissemination of aeronautical information and instructions relating to the safety, regularity, and efficiency of air navigation.

(2)

The Authority shall ensure that such information and instructions are readily available to any person upon payment of a reasonable charge fixed by the Authority.

Section 75(1): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 75(2): amended, on 10 August 1992, by section 40(1) of the Civil Aviation Amendment Act 1992 (1992 No 75).

Part 8 Aviation security

76 Aviation security

The prevention of the commission of crimes against the Aviation Crimes Act 1972 at any security designated aerodrome or security designated navigation installation, and the protection of persons and property from dangers arising from the commission or attempted commission of such crimes, shall be the joint responsibility of the New Zealand Police and any authorised provider of aviation security services at that aerodrome or installation.

Compare: 1964 No 68 s 21A; 1976 No 153 s 4

77 Responsibility of Minister

The Minister shall ensure that aviation security services are provided at all security designated aerodromes and security designated navigation installations.

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

(1)

The Minister may, if the Minister considers it necessary to improve or enhance aviation security to enable New Zealand to be part of a concerted international response to a threat to aviation security, or if the Minister considers it is in the public interest or national interest to do so, direct an aviation security service provider, by notice in the Gazette,—

(a)

to screen—

(i)

any person boarding an aircraft:

(ii)

any thing to be carried on an aircraft:

(iii)

any person, item, or substance—

(A)

before the person, item, or substance enters a sterile area:

(B)

present in a sterile area:

(iv)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a security enhanced area:

(B)

present in a security enhanced area:

(v)

any unattended item, substance, or vehicle in a security enhanced area:

(b)

if necessary, to undertake reasonable searches of—

(i)

any person boarding an aircraft:

(ii)

any thing to be carried on an aircraft:

(iii)

any (as specified in the Gazette notice)—

(A)

aircraft or class of aircraft:

(B)

aerodrome or class of aerodrome:

(C)

navigation installation or class of navigation installation:

(iv)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a sterile area:

(B)

present in a sterile area:

(v)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a security enhanced area:

(B)

present in a security enhanced area:

(vi)

any unattended item, substance, or vehicle in a security enhanced area:

(c)

to seize any item or substance specified in the Gazette notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.

(1A)

An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the Gazette notice.

(2)

Before directing an aviation security provider under subsection (1), the Minister must consult—

(a)

the Director; and

(b)

as the Minister in each case considers appropriate and practical, other ministers, representative groups in the aviation industry, government departments, and Crown agencies.

(3)

A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette if the Minister—

(a)

considers on reasonable grounds 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.

(4)

If a direction takes effect on a date before the notice is published in the Gazette,—

(a)

the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and

(b)

if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Minister, after complying with subsection (3)(b) and (c), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

(5)

A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5A)

No direction made under subsection (1) is a legislative instrument for the purposes of the Legislation Act 2012.

(6)

The Minister may rescind a direction made under subsection (1).

(7)

Subject to subsection (4), a direction remains in effect until it is rescinded.

(8)

Nothing in this section empowers the Minister to exercise the Director’s powers under section 77B.

Section 77A: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 77A heading: amended, on 18 January 2008, by section 9(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77A(1): substituted, on 18 January 2008, by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77A(1A): inserted, on 18 January 2008, by section 9(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77A(2): amended, on 18 January 2008, by section 9(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77A(2)(b): amended, on 18 January 2008, by section 9(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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

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

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

(1)

The Director may, if he or she believes on reasonable grounds that a security risk exists, direct an aviation security service provider, by notice in the Gazette,—

(a)

to screen—

(i)

any person boarding an aircraft:

(ii)

any thing to be carried on an aircraft:

(iii)

any person, item, or substance—

(A)

before the person, item, or substance enters a sterile area:

(B)

present in a sterile area:

(iv)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a security enhanced area:

(B)

present in a security enhanced area:

(v)

any unattended item, substance or vehicle in a security enhanced area:

(b)

if necessary, to undertake reasonable searches of—

(i)

any person boarding an aircraft:

(ii)

any thing to be carried on an aircraft:

(iii)

any (as specified in the Gazette notice)—

(A)

aircraft or class of aircraft:

(B)

aerodrome or class of aerodrome:

(C)

navigation installation or class of navigation installation:

(iv)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a sterile area:

(B)

present in a sterile area:

(v)

any person, item, substance, or vehicle—

(A)

before the person, item, substance, or vehicle enters a security enhanced area:

(B)

present in a security enhanced area:

(vi)

any unattended item, substance, or vehicle in a security enhanced area:

(c)

seize any item or substance specified in the Gazette notice if the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft.

(1A)

An aviation security service provider directed under subsection (1) must screen and search for any item or substance specified in the Gazette notice.

(2)

Before directing an aviation security provider under subsection (1), the Director must, to determine whether or not the direction is necessary to meet the security risk, consult, as the Director in each case considers appropriate and practical, representative groups in the aviation industry, government departments, and Crown agencies.

(3)

A direction made under subsection (1) takes effect on the date specified in the notice, which may be a date before the notice is published in the Gazette, if the Director—

(a)

considers on reasonable grounds that urgent action is required; and

(b)

has notified all affected parties (other than persons boarding an aircraft) before that date.

(4)

If a direction takes effect on a date before the notice is published in the Gazette,—

(a)

the direction expires 28 days after that date unless the notice is published in the Gazette within 28 days of that date; and

(b)

if the notice is published in the Gazette within 28 days of that date, the direction expires 90 days after that date unless, before the expiry of the 90-day period, the Director, after complying with subsection (3)(b), extends the period for a further specified period not exceeding 90 days (the aggregate period may not exceed 180 days).

(5)

A direction that takes effect on a date on or after the notice is published in the Gazette is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(5A)

No direction made under subsection (1) is a legislative instrument for the purposes of the Legislation Act 2012.

(6)

The Director may rescind a direction made under subsection (1).

(7)

Subject to subsection (4), a direction remains in effect until it is rescinded.

Section 77B: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 77B heading: amended, on 18 January 2008, by section 10(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77B(1): substituted, on 18 January 2008, by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77B(1A): inserted, on 18 January 2008, by section 10(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77B(2): amended, on 18 January 2008, by section 10(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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

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

77BA Certain Gazette notices may not include security sensitive information

(1)

A notice to be published in the Gazette under section 77A(1) or 77B(1) in relation to security enhanced areas may not include security sensitive information.

(2)

For the purposes of this section, security sensitive information means information that would prejudice the national security interests of New Zealand if disclosed.

Section 77BA: inserted, on 18 January 2008, by section 11 of the Civil Aviation Amendment Act 2007 (2007 No 89).

77C Transitional provisions for screening

(1)

A direction requiring the screening of domestic aircraft passenger services made by the Director before 1 June 2002 continues in force until 1 September 2002, on which date it expires; however, the Director may rescind the direction before 1 September 2002.

(2)

A person carrying out the screening of domestic aircraft passenger services under a direction to do so made before 1 June 2002 (or a search in accordance with such a direction) is entitled to continue to carry out that screening (or search) until 1 September 2002, on which date the entitlement expires.

Section 77C: inserted, on 1 June 2002, by section 18 of the Civil Aviation Amendment Act 2002 (2002 No 15).

77F Powers and duties of Director relating to 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), the person may not be granted any authorisation under the rules if the rules require a favourable security check determination.

(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 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969; and

(b)

give weight to any component of the information as the Director considers appropriate in the circumstances.

(5)

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.

(6)

The Director may reconsider any previous security check determination that the Director has made if—

(a)

new information is made available; or

(b)

the Director has reason to believe that the person may pose a threat to aviation security.

(7)

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); and

(c)

if the reconsideration results in an adverse security check determination or a proposed adverse security check determination, initiate the review process set out in section 77G; and

(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 77G; and

(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 77G.

(8)

Nothing in this section limits the power of the Director to grant an exemption under section 37.

Section 77F: inserted, on 26 September 2007, by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

77G Review procedures for security check determinations

(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 4(1)(bb) of the New Zealand Security Intelligence Service Act 1969, the Director must advise the New Zealand person that the person may lodge a complaint regarding the recommendation with the Inspector-General of Intelligence and Security in accordance with sections 11 and 16 of the Inspector-General of Intelligence and Security Act 1996.

(2)

If the Director proposes to make an adverse security check determination with respect to a person based on information other than a recommendation made by the New Zealand Security Intelligence Service, the Director must—

(a)

advise the person 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 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)); and

(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 the person and any other affected party of,—

(i)

in the case of the person, the final determination and the reasons for the final determination; and

(ii)

in the case of any other affected party, the final determination but not the reasons for the final determination.

(3)

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 subsection (2) with respect to the information other than the recommendation and advise the person that the proposed determination is based on—

(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) with respect to the recommendation if—

(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.

(4)

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.

(5)

For the purposes of this section,—

Inspector-General of Intelligence and Security means the person holding office under section 5 of the Inspector-General of Intelligence and Security Act 1996

New Zealand person has the same meaning as in section 2(1) of the Inspector-General of Intelligence and Security Act 1996.

Section 77G: inserted, on 26 September 2007, by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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

(1)

Every person commits an offence who carries out an activity that requires an authorisation—

(a)

during a period when that authorisation has been withdrawn under section 77F(7)(d) or (e); or

(b)

if that authorisation has been revoked under section 77G(4).

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $5,000.

Section 77H: inserted, on 26 September 2007, by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77H(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

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

(1)

Every person commits an offence who fails, without reasonable excuse, to comply with the Director’s requirement to—

(a)

withdraw an authorisation under section 77F(7)(e); or

(b)

revoke an authorisation under section 77G(4)(b).

(2)

Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

Section 77I: inserted, on 26 September 2007, by section 12(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 77I(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

78 Aviation Security Service
[Repealed]

Section 78: repealed, on 20 August 1993, by section 8(3)(a) of the Civil Aviation Amendment Act 1993 (1993 No 90).

79 Authorised aviation security service providers

(1)

Subject to subsection (2), aviation security services at any security designated aerodrome or security designated navigation installation may be provided by—

(a)

the Aviation Security Service; or

(b)

the operator of that aerodrome or navigation installation.

(2)

No operator of an aerodrome or navigation installation, and no person employed by any such operator to provide aviation security services, shall provide aviation security services at that aerodrome or installation, except pursuant to a current aviation document issued by the Director under section 7.

(3)

The holder of every such document shall comply with the relevant prescribed requirements and standards.

Section 79(2): amended, on 10 August 1992, by section 40(2) of the Civil Aviation Amendment Act 1992 (1992 No 75).

79A Further provisions relating to Aviation Security Service

(1)

Notwithstanding sections 9 and 79, but subject to subsection (2), the Minister may from time to time by notice in the Gazette specify that only the Aviation Security Service may be granted an aviation document to provide aviation security services at any security designated aerodrome or security designated navigation installation. Any such notice may be amended or revoked by the Minister by notice in the Gazette.

(2)

Where any person already holds an aviation document entitling that person to provide aviation security services at a security designated aerodrome or security designated navigation installation, the Minister shall not give a notice under subsection (1) in respect of that aerodrome or navigation installation without the consent of that person.

(3)

Notwithstanding anything in section 79, the Minister may at any time, in the event of an emergency or other crisis, appoint the Aviation Security Service to provide aviation security services at any designated aerodrome or security designated navigation installation, notwithstanding that the operator of that aerodrome or navigation installation is providing aviation security services.

(4)

Any appointment made by the Minister under subsection (3) shall have effect for a period specified by the Minister, being not more than 10 days.

Section 79A: inserted, on 20 August 1993, by section 15 of the Civil Aviation Amendment Act 1993 (1993 No 90).

80 Powers, functions, and duties of Aviation Security Service

Without limiting the powers, functions, duties, or responsibilities of the Police under this Act or any other enactment, and without limiting the generality of section 77, the Aviation Security Service shall have the following powers, functions, and duties:

(a)

to carry out—

(i)

crew, passenger, and baggage screening of all international aircraft passenger services; and

(ii)

the screening, reasonable searches, or seizures specified in section 77A(1) or section 77B(1):

(ab)

to undertake, if necessary, reasonable searches of crew, passengers, baggage, cargo, aircraft, aerodromes, and navigation installations:

(b)

to carry out aerodrome security patrols and patrols of navigation installations:

(c)

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:

(d)

to undertake, or encourage or supervise, such experimental or research work in respect of any aspect of aviation security as the Director may specify:

(e)

for the purpose of better carrying out any of its functions under this Act, to co-operate with the Police, government departments, airport authorities, operators, and authorities administering the airport security services of other countries, and with any appropriate international organisation:

(ea)

to provide security support services to the Police when requested by the Commissioner of Police, but only subject to the following conditions:

(i)

the Commissioner of Police is satisfied that the provision of those services to the New Zealand Police is necessary to enable the New Zealand Police to carry out its security duties; and

(ii)

the Aviation Security Service is satisfied that the provision of those services to the New Zealand Police will not compromise aviation security:

(eb)

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 Aviation Security Service are satisfied that the performance of the functions and duties of the Aviation Security Service will not be compromised:

(f)

to exercise and perform such other functions and duties as may be conferred on it by any enactment.

Compare: 1964 No 68 s 21B; 1976 No 153 s 4

Section 80 heading: amended, on 26 September 2007, by section 13(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80: amended, on 26 September 2007, by section 13(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80(a): substituted, on 1 June 2002, by section 19 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 80(a)(ii): amended, on 26 September 2007, by section 13(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80(ab): inserted, on 1 June 2002, by section 19 of the Civil Aviation Amendment Act 2002 (2002 No 15).

Section 80(d): amended, on 20 August 1993, by section 17 of the Civil Aviation Amendment Act 1993 (1993 No 90).

Section 80(ea): inserted, on 24 March 2004, by section 36 of the Civil Aviation Amendment Act 2004 (2004 No 8).

Section 80(eb): inserted, on 1 December 2004, by section 10 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95).

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

(1)

Without limiting section 80(a) and (ab), an aviation security officer may screen any person boarding an aircraft or any thing to be carried by an aircraft for the purpose of detecting dangerous goods.

(2)

If dangerous goods are detected and the aviation security officer has reasonable grounds to believe that they may not be lawfully carried on an aircraft, the aviation security officer may seize and detain the dangerous goods for the purpose of determining whether or not they may be lawfully carried on an aircraft.

(3)

If the aviation security officer determines that the dangerous goods may not be lawfully carried on an aircraft, the aviation security officer must notify the relevant operator or delivery service as soon as practicable and—

(a)

may detain the dangerous goods until they are dealt with in accordance with paragraph (b) or paragraph (c); or

(b)

may deliver the dangerous goods to the operator or delivery service; or

(c)

may, if the Director agrees, destroy or otherwise dispose of the dangerous goods.

(4)

If the aviation security officer determines that the dangerous goods may be lawfully carried on an aircraft, the aviation security officer must, as far as practicable, return the dangerous goods to the owner of the dangerous goods.

(5)

Despite anything in this section, if the aviation security officer has reasonable grounds to believe that the dangerous goods pose an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the dangerous goods.

(6)

The aviation security officer must report the detection of dangerous goods in accordance with the rules or, in the absence of rules, as the Director may direct.

Section 80A: inserted, on 1 June 2002, by section 20 of the Civil Aviation Amendment Act 2002 (2002 No 15).

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

(1)

Without limiting section 80 of this Act or section 12(1) of the Aviation Crimes Act 1972, an aviation security officer may, for the purpose of detecting any item or substance specified in a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

(a)

before the person, item, substance, or vehicle enters a sterile area:

(b)

present in a sterile area.

(2)

A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

(3)

If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and an aviation security officer has reasonable grounds to believe 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 seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried on an aircraft or into a sterile area.

(4)

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 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.

(5)

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 paragraph (b) or (c); or

(b)

dispose of or destroy the item or substance; or

(c)

deliver the item or substance to a constable.

(6)

If an aviation security officer delivers an item or substance to a constable under subsection (5)(c), the aviation security officer must record the delivery and the relevant details of the seizure.

(7)

Despite anything in this section, if the aviation security officer has reasonable grounds to believe that an item or substance poses an imminent risk to safety, the aviation security officer may destroy or otherwise dispose of the item or substance.

Section 80B: inserted, on 26 September 2007, by section 14(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80B(5)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 80B(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

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

(1)

Without limiting section 80, an aviation security officer may, for the purpose of detecting any item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction given under section 77A(1) or 77B(1), screen or search any person, item, substance, or vehicle—

(a)

before the person, item, substance, or vehicle enters a security enhanced area:

(b)

present in a security enhanced area.

(2)

A search undertaken under subsection (1) must be carried out in accordance with the requirements for searches specified in section 12(2) to (8) of the Aviation Crimes Act 1972.

(3)

If an item or substance specified in section 11(1) of the Aviation Crimes Act 1972 or a direction under section 77A(1) or 77B(1) is detected in a search undertaken under subsection (1) or section 80 of this Act or section 12 of the Aviation Crimes Act 1972, and the aviation security officer has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area, the aviation security officer may seize and detain the item or substance for the purpose of determining whether there is lawful authority or reasonable excuse for the item or substance to be carried into or remain in the security enhanced area.

(4)

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 security enhanced area, the aviation security officer—

(a)

must—

(i)

detain the item or substance until it is delivered to a constable or, if the Director agrees, destroyed or otherwise disposed of; or

(ii)

deny entry into the security enhanced area to any person in possession of the item or substance; or

(iii)

direct the person in possession of the item to leave the security enhanced area, with or without—

(A)

the item or substance:

(B)

any vehicle used to transport the item or substance; and

(b)

must make a record of the item or substance and the person from whom the item or substance was seized (if any).

(5)

If the aviation security officer determines that the item or substance may be lawfully carried into or remain in the 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.

(6)

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, the aviation security officer may destroy or otherwise dispose of the item or substance.

Section 80C: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80C(4)(a)(i): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

80D Consent to be screened or searched

(1)

The powers specified in section 80C(1) may only be exercised with respect to—

(i)

a person to be screened or searched with the consent of the person:

(ii)

an item, substance, or vehicle to be screened or searched with the consent of the person in possession of the item, substance, or vehicle.

(2)

To avoid doubt, an item, substance, or vehicle may be screened or searched without consent if it is unattended.

Section 80D: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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

(1)

If a person refuses to consent to the screening or searching under section 80C(1), an aviation security officer may—

(a)

deny that person entry into the security enhanced area:

(b)

require that person to—

(i)

leave the security enhanced area:

(ii)

remove any item, substance, or vehicle in that person’s possession from the security enhanced area.

(2)

An aviation security officer may—

(a)

prevent a person from entering a security enhanced area if the person is denied entry:

(b)

remove a person from a security enhanced area if the person is required to leave.

(3)

An aviation security officer may detain a person who—

(a)

refuses to leave when required to leave (or attempts to enter when denied entry) and persists in his or her refusal (or attempt) after being warned that he or she commits an offence by not complying:

(b)

refuses to be screened or searched 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 that 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 that person or any other person.

(4)

A person detained under subsection (3) must be delivered to a constable as soon as practicable.

(5)

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 security enhanced area under subsection (2)(a):

(b)

remove a person from a security enhanced area under subsection (2)(b):

(c)

detain a person under subsection (3).

Compare: 2004 No 16 s 54

Section 80E: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80E(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

80F Searches of persons refusing consent to be searched

(1)

If a person refuses to consent to the screening or searching under section 80C(1), a constable may, without a warrant, search the person and any item, substance, or vehicle in the person’s possession, and may detain the person for the purposes of the search, and may 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, if the constable has reasonable grounds to suspect that—

(a)

an offence against the Aviation Crimes Act 1972 has been, is being, or is likely to be committed, whether by that person or by any other person; and

(b)

a search of the person refusing to consent, or any item, substance, or vehicle in the person’s possession, 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 that person or any other person.

(2)

The refusal of a person to consent to the searching of his or her person, or any item, substance, or vehicle 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 is likely to be, committed.

(3)

A constable exercising the power of search under subsection (1) must, before the search is conducted, and on any subsequent request,—

(a)

provide evidence of his or her 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, that he or she is a constable to the person to be searched.

(4)

If a constable exercises the power of search under subsection (1), he or she must, within 3 days after the day on which he or she exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

Compare: 2004 No 16 s 55

Section 80F: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80F(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 80F(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 80F(3)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 80F(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

80G Searches of persons

(1)

With respect to a search made under section 80C(1),—

(a)

a person must, if directed to do so by an aviation security officer,—

(i)

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:

(ii)

remove any gloves, footwear (including socks or stockings), head coverings, belts, jewellery, or other accessories:

(iii)

allow an aviation security officer to carry out a pat down search:

(b)

a female may only be searched by a female unless the search is made by means of a mechanical or electrical or electronic or other similar device.

(2)

For the purposes of this section, pat down search

(a)

means a search of a clothed person in which the person conducting the search may do all or any of the following:

(i)

run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than any underclothing) of that person:

(ii)

insert his or her hand inside any pocket or pouch in the clothing (other than any underclothing) of the person being searched:

(iii)

for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following, namely:

(A)

open his or her mouth:

(B)

display the palms of his or her hands:

(C)

display the soles of his or her feet:

(D)

lift or rub his or her hair; and

(b)

includes the authority to search—

(i)

any item or substance carried by, or in the possession of, the person; and

(ii)

any outer clothing removed, raised, lowered, or opened for the purposes of the search; and

(iii)

any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

Section 80G: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

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

(1)

An aviation security officer who is in uniform, or wearing a distinctive cap, hat, or helmet, with a badge of authority affixed to it, 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 screening or searching the vehicle, and any item, substance, or person in the vehicle.

(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 screen or search the vehicle, and any item, substance, or person in the vehicle.

(3)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000, who, 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 screen or search the vehicle, and any item, substance, 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.

Compare: 1998 No 110 s 114

Section 80H: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 80H(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 80H(4): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

80I Protection of aviation security officers

Nothing done by an aviation security officer under sections 80B(3) to (7) and 80C(3) to (6) may subject the aviation security officer to personal liability if done in—

(a)

good faith; and

(b)

the exercise of powers or the performance of duties under this Act.

Compare: 1949 No 19 s 13

Section 80I: inserted, on 18 January 2008, by section 14(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

81 Functions and duties of other aviation security service providers

(1)

Aviation security service providers (other than the Aviation Security Service) shall have such functions and duties as may be prescribed by rules made under this Act.

(2)

Such aviation security service providers shall designate employees to be aviation security officers; and every such officer shall have and may exercise, in relation to the aerodrome or navigation installation at which he or she is employed, all the powers of an aviation security officer under this Part, except the powers to arrest and detain any person.

82 Security designated aerodromes and navigation installations

(1)

The Minister may, by notice in the Gazette, designate any aerodrome or navigation installation as a security designated aerodrome or security designated navigation installation.

(2)

Any designation under subsection (1) may at any time be revoked, in whole or in part, or amended by the Minister by notice in the Gazette.

Compare: 1964 No 68 s 21C; 1976 No 153 s 4

83 Right of access

(1)

Subject to subsections (2) and (3), 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 his or her 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) shall be limited to peaceful and non-forceable entry.

(3)

Where the Police have taken command of any situation at an aerodrome or navigation installation, the rights of aviation security officers to enter any part thereof or any aircraft, building, or place shall be subject to such limitations as the senior constable present at the aerodrome or navigation installation specifies.

(4)

Where an aircraft or vehicle is not being used for commercial purposes, subsection (1) shall not apply unless the aviation security officer believes on reasonable grounds that there is in that vehicle or aircraft a person or thing likely to endanger the aerodrome or installation or any of its facilities or any person.

Compare: 1964 No 68 s 21D; 1976 No 153 s 4

Section 83(2): amended, on 1 October 2008, pursuant to section 116(a)(v) of the Policing Act 2008 (2008 No 72).

Section 83(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

84 Security areas and security enhanced 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 a security area.

(1A)

The Director may declare, by appropriate notification, that an area within a security area is a security enhanced area.

(2)

No person other than a constable on official duties or an aviation security officer on official duties may enter or remain in any security area or security enhanced area unless the person is—

(a)

wearing an airport identity card issued under the rules (or other identity document approved by the Director under the rules) and worn in accordance with the rules; and

(b)

authorised by the Director or the airport manager or other person having control of the area.

(3)

Every person in a security area or security enhanced area shall, on the request of an aviation security officer, state his or her name, address, the purpose of his or her presence in the security area or security enhanced area, and his or her authority to enter it, and shall produce satisfactory evidence of the correctness of his or her stated name and address.

(4)

Where a person who fails or refuses to provide an aviation security officer with satisfactory evidence of his or her name and address when requested by the aviation security officer, or where a person fails to satisfy the aviation security officer that he or she is authorised to be there, the aviation security officer may order that person to leave the security area or security enhanced area.

(5)

An aviation security officer, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any security area or security enhanced area any person who fails or refuses forthwith to leave the security area or security enhanced area after having been ordered by an aviation security officer to do so under subsection (4).

(6)

Any person who refuses to comply with subsection (3) or subsection (4) and, after having been warned that he or she commits an offence, persists in its commission, may be detained by an aviation security officer and in that case he or she shall as soon as may be practicable be delivered to a constable.

(7)

Despite subsection (2), a passenger embarking or disembarking directly through a gateway or thoroughfare in an airport approved for that purpose by the airport manager may pass through a security area or security enhanced area forming part of the gateway or thoroughfare without an airport identity card.

(8)

Despite subsection (2), a person allowed under the rules may pass through a security area or security enhanced area without an airport identity card.

Compare: 1964 No 68 s 21E; 1976 No 153 s 4

Section 84 heading: amended, on 18 January 2008, by section 15(1) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(1): amended, on 18 January 2008, by section 15(2) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(1): amended, on 10 August 1992, by section 33 of the Civil Aviation Amendment Act 1992 (1992 No 75).

Section 84(1A): inserted, on 18 January 2008, by section 15(3) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(2): substituted, on 18 January 2008, by section 15(4) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 84(3): amended, on 18 January 2008, by section 15(5) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(4): amended, on 18 January 2008, by section 15(6) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(5): amended, on 18 January 2008, by section 15(7) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 84(7): substituted, on 18 January 2008, by section 15(8) of the Civil Aviation Amendment Act 2007 (2007 No 89).

Section 84(8): added, on 18 January 2008, by section 15(8) of the Civil Aviation Amendment Act 2007 (2007 No 89).

85 Powers of arrest and seizure of items or substances

(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 he or she has reasonable grounds to believe that an offence has been or is being committed by that person against any of the following enactments:

(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).

(1A)

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 an enactment specified in subsection (1), if the officer has reasonable grounds to believe that—

(i)

the person has an item or substance hidden or in clear view on or about his or her person that is evidence of an offence against an enactment specified in subsection (1); and

(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.

(1B)

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):