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

12 New Part 12 inserted
  • The following Part is inserted after section 103:

    Part 12
    Cape Town Convention and Aircraft Protocol

    104 Interpretation
    • (1) In this Part, unless the context otherwise requires,—

      Aircraft Protocol means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment done at Cape Town on 16 November 2001 (a copy of the English text of which is set out in Schedule 8)

      Cape Town Convention means the Convention on International Interests in Mobile Equipment done at Cape Town on 16 November 2001 (a copy of the English text of which is set out in Schedule 7)

      Contracting State means a State that is a party to the Cape Town Convention and the Aircraft Protocol

      declaration means a declaration made by New Zealand under the Cape Town Convention or the Aircraft Protocol

      de-registration request means a request for the removal of the registration of an aircraft from the New Zealand Aircraft Register

      removal request means a request for the removal of an irrevocable de-registration and export request authorisation from the New Zealand Aircraft Register.

      (2) In this Part, any term defined in the Cape Town Convention or the Aircraft Protocol and used in this Part has the same meaning as in the Cape Town Convention or the Aircraft Protocol.

      Compare: 1996 No 40 s 2

    105 Cape Town Convention and Aircraft Protocol to have force of law
    • The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have the force of law in New Zealand.

      Compare: 1994 No 60 s 4; 1990 No 98 s 91C

    106 Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
    • The provisions of the Cape Town Convention and the Aircraft Protocol, subject to any declaration that New Zealand has made under the Convention or the Protocol, have effect in place of any other New Zealand law to the extent that the Convention or the Protocol applies to a matter to which the other law applies.

    107 Governor-General may issue copies of declarations
    • (1) If New Zealand makes a declaration under the Cape Town Convention or the Aircraft Protocol, the Governor-General may, by Order in Council, issue a copy of the declaration.

      (2) An Order in Council made under subsection (1) must state the date on which—

      • (a) New Zealand made the relevant declaration; and

      • (b) the declaration takes or took effect.

      (3) An Order in Council made, or a declaration issued, under subsection (1) is a regulation for the purposes of the Acts and Regulations Publication Act 1989, but is not a regulation for the purposes of the Regulations (Disallowance) Act 1989.

    108 Certificates about Contracting States
    • (1) The Secretary of Foreign Affairs and Trade, or a Deputy Secretary of Foreign Affairs and Trade, may sign a certificate that states whether, in respect of any specified day or period,—

      • (a) a State is a Contracting State:

      • (b) a declaration made under the Cape Town Convention or the Aircraft Protocol is effective in respect of a Contracting State and, if so, that specifies the contents of that declaration.

      (2) A certificate signed under subsection (1) is conclusive evidence for all purposes of the matters stated in the certificate.

      Compare: 1994 No 60 s 6

    109 Irrevocable de-registration and export request authorisations
    • (1) A debtor must submit an irrevocable de-registration and export request authorisation to the Director if the debtor—

      • (a) is the holder of a certificate of registration for a New Zealand registered aircraft; and

      • (b) issues an irrevocable de-registration and export request authorisation substantially in the form annexed to the Aircraft Protocol.

      (2) A submission under subsection (1) must be accompanied by the prescribed fee (if any).

      (3) If the Director receives a submission under subsection (1), the Authority must record the irrevocable de-registration and export request authorisation on the New Zealand Register of Aircraft.

    110 De-registration requests
    • (1) An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3), submit a de-registration request in the prescribed form to the Director.

      (2) In a request submitted under subsection (1), the authorised party must certify in writing that—

      • (a) the aircraft is not subject to any registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft; or

      • (b) if the aircraft is subject to a registered interest that ranks in priority to the international interest that the authorised party holds in the aircraft, the holder of the higher-ranking registered interest has consented to the de-registration and exportation of the aircraft.

      (3) A request under subsection (1) must be accompanied by the prescribed fee (if any).

      (4) If the Director receives a de-registration request under subsection (1) that is accompanied by the statement specified in subsection (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant certificate of registration.

      (5) If the Director revokes a certificate of registration under subsection (4), the Authority must remove the registration from the New Zealand Register of Aircraft.

    111 Removal requests
    • (1) An authorised party (or the authorised party's certified designee) may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3), submit a removal request in writing to the Director.

      (2) A debtor may, in accordance with the relevant irrevocable de-registration and export request authorisation recorded under section 109(3), submit a removal request in writing to the Director if the debtor—

      • (a) has obtained the written consent of the authorised party to do so; and

      • (b) provides a copy of the written consent to the Director with the removal request.

      (3) A removal request under subsection (1) or (2) must be accompanied by the prescribed fee (if any).

      (4) If the Director receives a removal request under subsection (1) or (2), the Director must, as soon as practicable but, in any event, within 5 working days of receiving the request, revoke the relevant irrevocable de-registration and export request authorisation.

      (5) If the Director revokes an irrevocable de-registration and export request authorisation under subsection (4), the Authority must remove the authorisation from the New Zealand Register of Aircraft.

    112 Director must prescribe and publish forms for de-registration requests
    • The Director must prescribe and publish the forms that an authorised party (or the authorised party's certified designee) must use to make a request for the de-registration of an aircraft under section 110.

    113 Director may not exercise certain powers
    • The Director may not exercise any power that the Director may exercise under this Act in relation to a certificate of registration if the exercise of that power would interfere with, or be contrary to, any right or obligation arising under this Part.