Cook Islands Customs (Aircraft) Regulations 1949

  • revoked
  • Cook Islands Customs (Aircraft) Regulations 1949: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).

Reprint
as at 20 September 2007

Cook Islands Customs (Aircraft) Regulations 1949

(SR 1949/126)

  • Cook Islands Customs (Aircraft) Regulations 1949: revoked, on 20 September 2007, by section 7(2) of the Cook Islands Amendment Act 2007 (2007 No 49).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Department of Island Territories.


PURSUANT to the Cook Islands Act 1915, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

Citation

1
  • (1) These regulations may be cited as the Cook Islands Customs (Aircraft) Regulations 1949.

    (2) These regulations shall come into force on the 1st day of October, 1949.

    (3) On the coming into force of these regulations and notwithstanding section 297 of the Customs Act 1966, and sections 619 and 658 of the Cook Islands Act 1915, neither the Customs (Aircraft) Regulations 1939,1 nor any amendment thereof shall have any force in the Cook Islands, and notwithstanding the said section 619 no amendment of the last-mentioned regulations hereafter enacted shall be in force in the Cook Islands unless it is expressly declared to the contrary.

    The reference to the Customs Act 1966 was substituted, as from 1 January 1967, for a reference to the Customs Act 1913 by section 311(1) Customs Act 1966 (1966 No 19).

Interpretation

2
  • For the purposes of these regulations—

    Aircraft means any machine which can derive support in the atmosphere from reactions of the air

    Aerodrome means a defined area on land or water (including any buildings, installations, and equipment) intended to be used either wholly or in part for the arrival, departure, movement, and servicing of aircraft

    Cargo means goods other than stores, mails, or personal baggage

    Examination station means a place at a Customs aerodrome appointed by a Resident Commissioner as an examination station

    Pilot includes a pilot in command and the person for the time being actually in charge

    Other expressions have the same meaning as in the Customs Act 1966, and regulations thereunder.

    The reference to the Customs Act 1966 was substituted, as from 1 January 1967, for a reference to the Customs Act 1913 by section 311(1) Customs Act 1966 (1966 No 19).

Customs aerodromes

3
  • (1) A Resident Commissioner may, subject to such conditions as he thinks fit, by Warrant under his hand published in the New Zealand Gazette and publicly notified by the Resident Commissioner in such manner as he thinks proper, appoint aerodromes as Customs aerodromes for purposes of the Customs Act, and may in like manner revoke any such appointment.

    (2) A Resident Commissioner may, by Warrant under his hand similarly published and notified, appoint at any Customs aerodrome a place to be the examination station at such aerodrome, and may in like manner revoke any such appointment.

Arrival at customs aerodromes

4
  • An aircraft arriving from a place beyond the Cook Islands shall not land in the Cook Islands for the first time in any journey except at a Customs aerodrome unless with the prior permission of the Collector of Customs:

    Provided that this clause shall not apply where an aircraft is compelled to land before arriving at a Customs aerodrome owing to accident, stress of weather, or other unavoidable cause, in which event the procedure laid down in Regulation 12 hereof shall be followed.

5
  • (1) No person in any aircraft entering the Cook Islands shall carry or allow to be carried in the aircraft any goods the importation of which is prohibited under the Customs Acts.

    (2) No person in any aircraft entering the Cook Islands shall break or alter any seal placed by a Customs or Revenue Officer at the aerodrome from which the aircraft departed for the Cook Islands upon any goods therein other than stores for use on the aircraft during the journey to the Cook Islands.

    (3) No person in charge of any aircraft shall cause or permit the aircraft to enter the Cook Islands from a place beyond the Cook Islands if a seal placed by a Customs or Revenue Officer at the aerodrome from which the aircraft departed for the Cook Islands upon any goods therein other than stores for use on the aircraft during the journey to the Cook Islands is broken or altered.

6
  • No person shall bring into or take from the Cook Islands an aircraft having any secret or disguised place adapted for concealing goods.

Arrival at customs aerodrome from abroad

7
  • The pilot of an aircraft arriving at a Customs aerodrome from a place beyond the Cook Islands shall, on landing, forthwith take his aircraft to the examination station at that aerodrome:

    Provided that a pilot shall not be deemed to have contravened or failed to comply with this regulation if he proves that circumstances over which he had no control prevented him from taking his aircraft to the examination station, and that, after the requirements of Regulation 8 hereof had been duly complied with by him, all goods carried in the said aircraft were removed to the examining-place at the examination station in the presence of an officer of Customs.

8
  • (1) Immediately after the arrival at any Customs aerodrome of an aircraft from a place beyond the Cook Islands, or within such period of time as may in any particular case be permitted by the Collector of Customs, the pilot shall—

    • (a) Deliver to the proper officer of Customs—

      • (i) The journey log-book; and

      • (ii) A general declaration in form No 1 in the Schedule hereto, which declaration shall contain details of any passengers and cargo carried by the aircraft, unless such information is furnished in a separate passenger manifest in form No 2 or a separate cargo manifest in form No 3 in the Schedule hereto; and

      • (iii) A list of the stores; and

      • (iv) A duplicate original air consignment-note:

    • (b) Land at such aerodrome, for examination of baggage, all passengers carried in such aircraft, and (after delivering every general declaration and manifest required under these regulations), shall produce, and, if required by the proper officer of Customs to do so, shall land all goods in such aircraft for examination.

    (2) Immediately after the arrival at any Customs aerodrome of an aircraft from a place beyond the Cook Islands, or as soon thereafter as practicable, the proper officer of Customs shall board the aircraft.

    (3) In the case of an aircraft carrying cargo, the officer shall—

    • (a) Sign and stamp the journey log-book; and

    • (b) Retain the general declaration and any manifest, and list of stores; and

    • (c) Examine the seal or seals (if any) placed upon goods at the aerodrome whence the aircraft arrived and satisfy himself that they are intact (see clause (2) of Regulation 5); and

    • (d) Permit delivery of the cargo to the examining-place at the examination station.

    (4) In the case of an aircraft not carrying cargo the officer shall—

    • (a) Sign and stamp the journey log-book; and

    • (b) Retain the general declaration and any manifest and list of stores; and

    • (c) Examine the seal or seals (if any) placed upon goods at the aerodrome whence the aircraft arrived and satisfy himself that they are intact.

Departure for abroad from customs aerodromes

9
  • No person shall fly an aircraft to a place beyond the Cook Islands unless its place of final departure in the Cook Islands is a Customs aerodrome, except with the prior permission of the Collector of Customs.

10
  • (1) The pilot of every aircraft about to be flown to a place beyond the Cook Islands shall deliver to the proper officer of Customs at the Customs aerodrome from which the aircraft is about to depart—

    • (a) The journey log-book; and

    • (b) A general declaration in form No 1 in the Schedule hereto, which declaration shall contain details of any passengers and cargo carried by the aircraft, unless such information is furnished in a separate passenger manifest in form No 2 or a separate cargo manifest in form No 3 in the Schedule hereto; and

    • (c) A list, in duplicate, of the stores; and

    • (d) A duplicate original air consignment-note.

    (2) The proper officer of Customs aforesaid shall—

    • (a) Examine and verify the correctness of the said general declaration and every manifest and list of stores; and

    • (b) Sign the journey log-book, general declaration, and every manifest, verifying his signature with a stamp; and

    • (c) If so required by the Collector or so desired by the pilot, place a seal or seals on any or all of the goods laden in the aircraft, and shall state on the general declaration or appropriate manifest the number of such seals.

    (3) The said journey log-book, one copy of the said general declaration, and one copy of every manifest, when signed by the proper officer, and one copy of the said list of stores, shall be the clearance and authority for the pilot to fly the aircraft from that aerodrome to its destination abroad.

    (4) After the general declaration, manifests, list of stores, and air consignment-note mentioned in clause (1) of this regulation have been delivered to the proper officer, the pilot shall not allow any cargo or stores not specified or referred to in the general declaration, manifests, or list of stores to be taken in or on his aircraft.

    (5) A pilot shall not depart in any aircraft from the Cook Islands until he has obtained the proper clearance and authority, and, after obtaining such clearance and authority, shall not land at any other place in the Cook Islands unless compelled by accident, stress of weather, or other unavoidable cause.

Importation, entry, and unloading of goods

11
  • A person importing goods in an aircraft shall not bring the goods into any place in the Cook Islands other than a Customs aerodrome, or unload the goods from any aircraft except at an examination station (unless such goods are unloaded in the presence of an officer of Customs under the provisions of Regulation 7 hereof), and shall not unload the goods except between such hours as are prescribed the Customs Acts. No person shall remove any goods imported in an aircraft from the examination station except to a duly appointed examining-place or remove any such goods from such examining-place save with the consent of the proper officer of Customs after the goods have been duly entered in the manner prescribed by the Customs Acts.

General provisions

12
  • If any aircraft arriving from a place beyond the Cook Islands shall land in any place other than a Customs aerodrome the pilot shall forthwith report to an officer of Customs or constable, and shall on demand produce to such officer or constable the journey log-book belonging to the aircraft, and shall not allow any goods to be unloaded therefrom without the consent of an officer of Customs, and no passenger thereof shall leave the immediate vicinity without the consent of an officer of Customs. If such place of landing shall be an aerodrome, the pilot shall forthwith report the arrival of the aircraft and the place whence it came to the proprietor or person in charge of the aerodrome, who shall forthwith report the arrival of the aircraft to an officer of Customs, and shall not allow any goods to be unloaded therefrom or any passenger thereof to leave the aerodrome without the consent of such officer:

    Provided that if an aircraft arriving from a place beyond the Cook Islands lands by reason of circumstances over which the pilot has no control in a place other than a Customs aerodrome and where no officer of Customs or constable is readily accessible, then if the pilot proves that he permitted no goods, crew, or passengers to be landed from the aircraft, except as might be necessary for mechanical attention to the aircraft or for the health or safety of crew or passengers, and that all members of crew or passengers so landed were segregated and not dispersed, and that as soon as practicable he resumed and completed his flight to the nearest Customs aerodrome, he shall not be liable for non-compliance with the requirements of this regulation.

13
  • If any person flies an aircraft in contravention of, or otherwise fails to comply with, these regulations or any provision thereof, or if in or in respect of any aircraft any act is committed in contravention of these regulations or any provision thereof, the owner or hirer of the aircraft (if other than the Crown) and the pilot thereof shall be deemed to have contravened or, as the case may be, failed to comply with these regulations:

    Provided that—

    • (a) It shall be a defence to any proceedings for such contravention of, or failure to comply with, these regulations if the contravention or failure is proved to have been due to accident, stress of weather, or other unavoidable cause; and

    • (b) It shall be a defence to any proceedings under these regulations against the owner, hirer, or pilot of an aircraft to prove that the alleged contravention took place without his actual fault or privity.

14
  • If an officer of Customs in the execution of his duty boards any aircraft in any place, the pilot thereof shall not convey him in the aircraft away from such place without his consent.

15
  • (1) Every proprietor and person in charge of an aerodrome shall at all times permit any officer of Customs to enter and inspect the aerodrome and all buildings and goods thereon.

    (2) The pilot of any aircraft shall permit any officer of Customs at any time to board and inspect his aircraft and any goods laden therein, and every such officer shall have the right of access at any time to any place to which access is necessary for the purpose of such inspection.

    (3) The importer or exporter of any goods imported or exported in an aircraft shall produce such goods to the proper officer of Customs at the Customs aerodrome of importation or exportation, as the case may be, and permit him to inspect such goods.

16
  • (1) On the arrival at any Customs aerodrome of an aircraft from a place beyond the Cook Islands the fuel and lubricant which are contained in the tanks of the aircraft shall be exempt from Customs and other duties. No quantity, however, may be unloaded free of duty except temporarily and under Customs control.

    (2) On the departure of an aircraft from any Customs aerodrome to a place beyond the Cook Islands the fuel and lubricant intended for refuelling or lubrication of the aircraft shall be exempt from all Customs or other duties, or, alternatively, the duties levied on such fuel and lubricants shall be refunded.

17
  • (1) The provisions of the Customs Acts and regulations with respect to—

    • (a) Ships; and

    • (b) Goods and stores exported, imported, or carried in ships; and

    • (c) Persons arriving from or departing for parts beyond the seas in ships,—

    shall, so far as they are applicable, and except as they are modified by these regulations, apply to—

    • (a) Aircraft; and

    • (b) Goods and stores exported, imported, or carried in aircraft; and

    • (c) Persons arriving from or departing for parts beyond the seas in aircraft.

    (2) A Resident Commissioner may modify the form of any document prescribed by the Customs Regulations so as to make such form applicable to aircraft or to persons and goods carried therein.

Penalties

18
  • If any person commits a breach of these regulations he shall be liable to a penalty of fifty pounds.


Schedule
The Cook Islands Customs (Aircraft) Regulations 1949

Form No 1
General declaration

.

Outward/Inward Owner or operator: Aircraft: [Registration marks and nationality]. Flight No:... Date:.. Point of clearance: [Place and country]. For entry at: [Place and country]. ITINERARY OF AIRCRAFT AND DECLARATION OF HEALTH Airport. .............Departure Date. .............Airport. .............Departure Date.............. Number of manifests attached(Passenger:...... For (Cargo:.......... Official Use Only Illness (other than airsickness) that has occurred aboard this aircraft during flight:........ Details of last disinsectization or sanitary treatment: [Method, place, date, and time]. Time of Departure Animals, birds, insects, bacterial cultures, or ................. viruses on board: ............................. Time of Arrival Plants, unprocessed animal and plant products, and ................. fungus cultures (when required by the State of arrival) on board : ............ CREW MANIFEST Surname Duties on Board Nationality Serial Number of Licence or and Certificate or Passport Initials. Whenever separate passenger or cargo manifests are not attached hereto, the information required below must be furnished. If no passengers or no cargo are being carried, insert the word None in the appropriate manifest. PASSENGER MANIFEST Surname and From To For Use of Owner- For Official Initials operator Only Use Only CARGO MANIFEST Marks and Number and Nature From To Gross For For Numbers on Type of of Weight Use of Official Packages Packages Goods Owner- Use operator Only only I declare that this general declaration, and all statements and particulars contained herein and in any attached manifests or stores lists, are complete and contain to the best of my knowledge and belief an exact and true account of all— Crew Passengers Embarked on Disembarked from Cargo Stores Laden on Unladen from the above-described aircraft. Signature:........ Aircraft Commander or Authorized Agent.

.

Form No 2
The Cook Islands Customs (Aircraft) Regulations 1949

.

PASSENGER MANIFEST Owner or operator:........... Aircraft: [Registration marks and nationality]. Flight No:.... Date:............ Point of embarkation: [Place and country]. Point of disembarkation: [Place and country]. Surname and Initials For Use of Owner-operator For Official Use Only Only Prepared by ....... ; page ......... of .......... pages.

Form No 3
The Cook Islands Customs (Aircraft) Regulations 1949

.

CARGO MANIFEST Owner or operator:...............Aircraft: [Registration marks and nationality]. Flight No:........ Date:......Point of lading: [Place and country]. Point of unlading: [Place and country]. Marks and Number and Nature Gross For use of For Official Use Numbers Type of of Goods Weight Owner-operator Only on Packages Packages Only Prepared by .........; page ..... of ..... pages.

TJ SHERRARD,

Clerk of the Executive Council.

Issued under the authority of the Regulations Act 1936.

Date of notification in Gazette: 25 August 1949.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Cook Islands Customs (Aircraft) Regulations 1949. It incorporates all the amendments to the Cook Islands Customs (Aircraft) Regulations 1949 as at 20 September 2007. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see "Making online legislation official" under "Status of legislation on this site" in the About section of this website.

3 List of amendments incorporated in this eprint
(most recent first)
  • Cook Islands Amendment Act 2007 (2007 No 49): section7(2)


  • 1 Statutory Regulations 1939, Serial number 1939/220, page 885