Civil Aviation Charges Regulations (No 2) 1991

2 Interpretation

• (1) In these regulations, unless the context otherwise requires,—

  The Act means the Civil Aviation Act 1990

  air operator certificate means a certificate issued by the Director under the Civil Aviation Act 1990 that authorises the holder to carry passengers or goods by air for hire or reward

  air operator certificate: this definition was inserted, as from 1 April 2002, by regulation 3 Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

  Airport Authority, in relation to an aerodrome, means the Crown or any body, authority, organisation, or person for the time being responsible for the management and maintenance of the aerodrome; but does not include a company formed and registered under section 4 of the Auckland Airport Act 1987 or section 4 of the Wellington Airport Act 1990, or an airport company established under the Airport Authorities Act 1966

  Authority means the Civil Aviation Authority of New Zealand

  Authority: this definition was inserted by regulation 2 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

  Crown airport means an airport operated by the Crown; but does not include a joint-venture airport

  Differential airport charges means different charges fixed by the Minister in respect of different joint-venture or Crown airports for different aircraft, persons, classes of persons, or times of use, or on any other basis

  Director means the Director of Civil Aviation

  Director: this definition was inserted by regulation 2 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

  Domestic operator means a person carrying on in New Zealand one or more of the following flight operations, and includes any person who as owner or hirer is making use of an aircraft, either personally or through servants or agents, for one or more of the following flight operations

  • (a) Air transport operations, being operations, other than those referred to in any of paragraphs (b) to (e) of this definition, in which aircraft are used for the carriage of passengers or goods for hire or reward, comprising—

    • (i) Scheduled air services—in which the operations are conducted to fixed schedules, to and from specified terminals in New Zealand over specified routes with or without intermediate stopping places between terminals; and

    • (ii) Non-scheduled air services—in which the operations are not conducted to fixed schedules to and from specified terminals in New Zealand; including operations in which the aircraft used leaves from and returns to the same aerodrome without an intermediate stop:

  • (b) Aerial work operations:

  • (c) Flight training operations:

  • (d) Special operations:

  • (e) Private operations:

  domestic sector means the flight sector or leg within New Zealand that is between an aircraft's take-off and its next landing (other than an in-flight emergency)

  domestic sector: this definition was inserted, as from 1 April 2002, by regulation 3 Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

  Goods includes freight, baggage, and mails

  Grant, in relation to any document or approval includes the issue of that document or approval; and issue, in relation to any document or approval, includes the grant of that document or approval

  Gross operating revenue means the actual amount paid or payable to the operator in respect of flight operations carried on by the operator without taking into account any costs or expenses incurred by the operator in respect of the operations; but does not include any payments received from pilots (whether student pilots or otherwise) undergoing flight training

  Gross weight or MCTOW, in relation to an aircraft, means the maximum take-off weight of the aircraft as specified in the airworthiness certificate in respect of the aircraft and its associated flight manual

  Gross weight or MCTOW: this definition was amended, as from 11 July 1997, by clause 2 Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106) by substituting the words “airworthiness certificate” for the words “certificate of airworthiness”.

  Hirer, in relation to an aircraft, includes any person, other than the owner, lawfully entitled to possession of the aircraft

  International operator means a person operating an aircraft in respect of journeys beginning in New Zealand and ending outside New Zealand, or beginning outside New Zealand and ending in New Zealand, or beginning and ending outside New Zealand with an intermediate stop in New Zealand, or beginning and ending in New Zealand with an intermediate stop outside New Zealand; and includes any person who as owner or hirer is making use of the aircraft, either personally or through servants or agents, in respect of such operations

  Joint-venture airport means an airport operated by the Crown and one or more local authorities in partnership; but does not include Auckland International Airport, Wellington International Airport, or an airport operated by an airport company established under the Airport Authorities Act 1966

  Minister means the Minister of Transport

  Ministry means the Ministry of Transport

  Monitoring includes any form of audit, inspection, checking monitoring, or investigation (other than an investigation in relation to an offence under the Act)

  Operator means a domestic operator or an international operator, or both

  Public licensed aerodrome

  [Revoked]

  Public licensed aerodrome: this definition was revoked, as from 29 September 1994, by regulation 2 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

  Secretary means the Secretary for Transport.

  (2) In determining the gross operating revenue of any operator for the purposes of these regulations, the following provisions shall apply:

  • (a) Where an operator contracts to sell and deliver fertiliser or other goods that are the property of the operator, any amount paid or payable under the contract to the operator in respect of the sale of the goods shall not be deemed part of the operator's gross operating revenue:

  • (b) Where a single ticket, consignment note, or other document authorising the carriage of a passenger or goods is issued by an operator, the gross operating revenue of the operator in respect of any such carriage shall be determined in relation to the aerodrome of origin of that carriage and in respect of the complete journey referred to in the document and, in any such case, no account shall be taken of intermediate stops or of any change of aircraft which may occur during the carriage from the aerodrome of origin to the aerodrome of destination and the airport charges shall be payable to the Airport Authority of the aerodrome of origin of carriage:

  • (c) Where no document referred to in paragraph (b) of this subclause is issued by the operator in respect of the carriage of a passenger or goods, the gross operating revenue of the operator in respect of any such carriage shall be determined in relation to the aerodrome of origin of that carriage in accordance with the contract made by the operator in respect of the carriage and in respect of the complete journey to which the contract relates and, in any such case, no account shall be taken of intermediate stops or of any change of aircraft which may occur during the carriage from the aerodrome of origin to the aerodrome of destination and the airport charges shall be payable to the Airport Authority of the aerodrome of origin of carriage.

  (3) Where any word or expression in any provision of these regulations is not defined in these regulations or in the Act but is defined or used in the Civil Aviation Regulations 1953¹, that word or expression shall, unless the context otherwise requires, bear in that provision the meaning it has in those regulations.