Civil Aviation Charges Regulations (No 2) 1991

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Reprint
as at 8 May 2008

Civil Aviation Charges Regulations (No 2) 1991

(SR 1991/143)

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 Ministry of Transport.

PURSUANT to sections 38, 40, and 100 of the Civil Aviation Act 1990, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations

Contents

1 Title and commencement

2 Interpretation

3 Application

Part 1
Administrative fees and charges

Personnel licensing

4 Fees and charges for personnel licensing

5 Examination fees

6 Priority licensing transaction surcharge

7 Flight tests unable to be completed

8 Refund of examination recount and review fees

9 Refund for withdrawal from test

Aircraft fees and other charges

10 Aircraft fees and other charges

Payment of fees and charges

11 Payment of fees and charges under this Part

12 Authority or the Director may decline to process application if prescribed fees and charges not paid

Part 2
Fees and charges for facilities and services

13 Differential airport charges

14 Airport charges payable by domestic operators

15 Payment of airport charges and furnishing of returns by domestic operators

16 Airport charges payable by international operators

17 Payment of airport charges by international operators

18 Aircraft parking charges

19  [Revoked]

20 International passenger security charge

20A Domestic passenger security charges

20B Returns and payment arrangements for domestic passenger security charges

Part 3
General provisions

21 Services provided outside New Zealand

22 Services provided away from scheduled venues

23 Provision of advice or aeronautical information

24 Charges payable where same person carrying on domestic and international operations

25 Recovery of charges

26 Refund or waiver of fee or charge

27 Fees and charges payable where applicant applies for more than one document or approval

28 Minimum payments to be credited towards total fee or charge payable

29 Aggregation of small fees and charges

30 Penalty for late payment

31 Exemptions

32 Transitional provisions

33 Amount of goods and services tax included

34 Revocation

Schedule
Fees and charges

1 Title and commencement

  • (1) These regulations may be cited as the Civil Aviation Charges Regulations (No 2) 1991.

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

3 Application

  • (1) Except as otherwise provided in these regulations, these regulations apply in relation to civil aviation services and work provided or carried out by the Authority.

    (2) Nothing in these regulations applies to—

    • (a) Aircraft used for the purposes of the New Zealand Defence Force; or

    • (b) Aircraft operated by the Crown and used for the purposes of the Authority; or

    • (c) Aircraft used for the military, diplomatic, or ceremonial purposes of any Government.

    Regulation 3, subcls (1) and (2)(b) were amended by regulation 11(1) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Ministry”.

Part 1
Administrative fees and charges

Personnel licensing

4 Fees and charges for personnel licensing

  • Subject to these regulations, every person who makes an application in respect of any document or matter specified in Section A of the Schedule to these regulations shall be liable to pay the appropriate fees and charges specified in that Section of the Schedule.

5 Examination fees

  • Where written and oral examinations are required for the issue of a licence or rating, separate fees shall be payable for each examination.

6 Priority licensing transaction surcharge

  • The Authority may require the payment of the priority licensing transaction surcharge specified in Part 4 of Section A of the Schedule to these regulations, in addition to the prescribed fee, if an examination, test, or licensing transaction is requested after a specified closing date or as a matter of urgency.

    Regulation 6 was amended by regulation 11(2) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Secretary”.

7 Flight tests unable to be completed

  • Where a flight test is unable to be completed because of the weather, aircraft unserviceability, or any other factor beyond the control of the applicant, any money paid for the test shall be applied by the Secretary towards the re-scheduled test.

8 Refund of examination recount and review fees

  • The Authority must refund the relevant fee paid by an examination candidate for a recount if the candidate achieves a pass standard as a result of the recount.

    Regulation 8 was amended, as from 12 August 1992, by regulation 11(2) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Secretary”.

    Regulation 8 was substituted, as from 20 April 2006, by regulation 3 Civil Aviation Charges Amendment Regulations 2006 (SR 2006/63).

9 Refund for withdrawal from test

  • Where a candidate applies to sit or undergo a technical examination, practical test, or flight test, and subsequently withdraws from that examination or test, the Authority shall refund to him or her 80 percent of the relevant fee paid by the candidate if notification of withdrawal is received more than 7 days before the date of the examination or test.

    Regulation 9 was amended by regulation 11(2) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Secretary”.

Aircraft fees and other charges

10 Aircraft fees and other charges

  • (1) Subject to subclause (2) of this regulation, the relevant owner, operator, provider, applicant, or other person, as the case may be, shall be liable to pay the appropriate fees and charges specified in Sections B to I of the Schedule to these regulations.

    (2) Where there is a change in the ownership or registration of an aircraft, the appropriate fee or charge shall be payable by the person registered as the owner of the aircraft immediately before the change is effected.

Payment of fees and charges

11 Payment of fees and charges under this Part

  • (1) Subject to subclause (2) of this regulation, the fees and charges payable under this Part of these regulations shall be payable to the Authority,—

    • (a) In the case of an application fee, at the time of making the application; and

    • (b) In any other case, upon an invoice issued by or on behalf of the Authority and within the time specified in the invoice.

    (2) The Authority may approve other arrangements for the payment of charges by any operator under this Part of these regulations.

    Regulation 11, subclauses (1) and (2) were amended by regulation 11(2) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Secretary”.

12 Authority or the Director may decline to process application if prescribed fees and charges not paid

  • Until the appropriate fees and charges prescribed or fixed by or under this Part of these regulations have been paid, the Authority or the Director may decline to—

    • (a) Do any act; or

    • (b) Permit any act to be done; or

    • (c) Receive any document,—

    in respect of which those fees and charges are payable.

    Regulation 12 was amended by regulation 3 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority or the Director” for references to the “Secretary”.

Part 2
Fees and charges for facilities and services

13 Differential airport charges

  • (1) The Minister may fix differential airport charges in respect of any joint venture or Crown airport.

    (2) Differential airport charges shall be payable by operators to the Airport Authority, or to the Secretary if the airport authority is the Crown, in such manner as is determined by the Airport Authority concerned or the Secretary, as the case may be.

    Regulation 13(1) was amended, as from 29 September 1994, by regulation 3 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194) by omitting the words “that is a public licensed aerodrome”.

14 Airport charges payable by domestic operators

  • (1) Subject to subclause (2) of this regulation, where differential airport charges are not for the time being fixed in respect of any Crown airport or joint venture airport, domestic operators carrying on air transport or aerial work operations at that airport shall be liable to pay an airport charge calculated at the rate of 5 percent of the gross operating revenue earned from all such operations.

    (2) Where use is made of a Crown airport or joint venture airport by an aircraft operated by a domestic operator in operations which are not taken into account when calculating gross operating revenue for the purposes of subclause (1) of this regulation or in respect of which no airport charges are payable, the operator shall be liable for charges of such amounts as may be negotiated by the operator and the Airport Authority concerned, or by the operator and the Secretary if the Airport Authority concerned is the Crown.

    Regulation 14(1) and (2) were amended, as from 29 September 1994, by regulation 4 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194) by substituting the words “Crown airport or joint venture airport” for the words “public licensed aerodrome” in both subcls, and substituting the word “airport” for the word “aerodrome” in subcl (1).

15 Payment of airport charges and furnishing of returns by domestic operators

  • (1) Every domestic operator who is liable to pay airport charges under regulation 14 of these regulations, shall in each month furnish to the Airport Authority concerned, or to the Secretary if the Airport Authority concerned is the Crown, a return of the operator's gross operating revenue during the previous month together with payment of the charges thereon, unless the operator has made other arrangements, approved by the Airport Authority concerned or the Secretary, as the case may be, for the furnishing of returns and payment of the charges.

    (2) Returns required under subclause (1) of this regulation shall in all cases be made on forms provided for the purpose by the Secretary and certified as correct by the owner, manager, or director of the operating business.

    (3) Any return to which subclause (1) of this regulation applies shall, unless the Airport Authority concerned or the Secretary if the Airport Authority concerned is the Crown, as the case may be, otherwise approves, also be certified by the auditor of each operator or by a chartered accountant.

16 Airport charges payable by international operators

  • (1) Where differential airport charges are not for the time being fixed in respect of the airport concerned, operators shall be liable to pay, in respect of each landing at a New Zealand airport of a scheduled or non-scheduled international flight, airport charges calculated at the rate of $7.60 per 1,000kg gross weight of the aircraft.

    (2) Where an aircraft has more than 1 maximum take-off weight specified in the airworthiness certificate issued in respect of that aircraft, the landing charge payable by an international operator for any aircraft operated by the operator and landing in New Zealand shall be calculated according to the maximum take-off weight that the aircraft is operating under for that landing.

    (3) If on the subsequent take-off of that aircraft it operates under a maximum take-off weight different from that operated under the previous landing, then the landing charge payable in respect of that subsequent take-off shall be calculated according to the heavier of those 2 maximum take-off weights.

    Subclause (2) was amended, as from 11 July 1997, by clause 3 Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106) by substituting the words “airworthiness certificate” for the words “certificate of airworthiness”.

17 Payment of airport charges by international operators

  • Every international operator shall pay any charges for which the operator is liable under regulation 16 of these regulations to the Airport Authority concerned, or to the Secretary if the Airport Authority is the Crown, before take-off unless the operator has made other arrangements approved by the Airport Authority or the Secretary, as the case may be, for the furnishing of returns and payment of the charges.

18 Aircraft parking charges

  • (1) Subject to subclause (2) of this regulation, where differential airport charges are not for the time being fixed in respect of any Crown airport or joint venture airport, Airport Authorities may make such charges as the Minister may fix for the parking of aircraft.

    (2) No charge shall be made under subclause (1) of this regulation—

    • (a) To regular air transport operators, in respect of aircraft parked in the normal course of their schedule; or

    • (b) In respect of aircraft which remain parked for less than 2 hours or remain parked when take-off is delayed by weather conditions.

    (3) In addition to parking fees, operators may be charged for any special services or privileges which may be required by operators by way of security, lighting, or otherwise, and for any additional facilities provided by an Airport Authority. The amount charged for any such special services for facilities shall be such amount as may be fixed by the Minister.

    Regulation 18(1) was amended, as from 29 September 1994, by regulation 5 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194) by substituting the words “Crown airport or joint venture airport” for the words “public licensed aerodrome”.

19

  • [Revoked]

    Regulation 19 was revoked by regulation 4 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

20 International passenger security charge

  • (1) For the purpose of providing funds for the maintenance and operation of the Aviation Security Service, an international operator must, upon an invoice, in respect of an air operation departing from New Zealand, pay to the Authority an international passenger security charge of $15 for each international civil air passenger departing from New Zealand on an aircraft operated by that operator.

    (2) The charge imposed by subclause (1) of this clause shall not be payable in respect of the following:

    • (a) Any member of the crew of any aircraft departing New Zealand:

    • (b) Any member of the crew of any aircraft being carried on an aircraft departing from New Zealand solely for the purposes of positioning that crew to carry out their duties as employees of an international operator:

    • (c) Any child under the age of 2 years:

    • (d) Any passenger travelling on an aircraft used for the purposes of the New Zealand Defence Force:

    • (e) Any passenger travelling on any aircraft being used specifically for the military, diplomatic, or ceremonial purposes of any Government:

    • (f) Any passenger in transit through New Zealand who—

      • (i) Does not leave the transit/arrival/departure areas of the airport; or

      • (ii) Leaves the transit/arrival/departure areas only because of an interruption to a flight caused by unserviceability of an aircraft or other essential facility or caused by any other delay beyond the control of the passenger or the international operator concerned:

    • (g) Such other persons or classes of persons as the Minister may from time to time specify by notice in the Gazette.

    Regulation 20(1): amended, on 13 December 2007, by regulation 4 of the Civil Aviation Charges Amendment Regulations (No 2) 2007 (SR 2007/347).

    Subclause (1) was amended, as from 29 September 1994, by regulation 6 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194) by substituting “aerodrome operating certificate” for “aerodrome licence”.

    Subclause (1) was amended, as from 11 July 1997, by clause 4 Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106) by substituting “$4” for “$5”.

    Subclause (1) was substituted, as from 1 October 2005, by regulation 3 Civil Aviation Charges Amendment Regulations 2005 (SR 2005/156).

    Subclause (1) was amended, as from 31 March 2007, by regulation 4 Civil Aviation Charges Amendment Regulations 2007 (SR 2007/73) by substituting “$12.56” for “$8.31”.

20A Domestic passenger security charges

  • (1) For the purpose of providing funds for the maintenance and operation of the Aviation Security Service, a holder of an air operator certificate, in respect of an air operation conducted in New Zealand on an aircraft with a passenger seating capacity of 90 or more passengers, must pay to the Authority a domestic passenger security charge of $4.66 for each passenger carried on each domestic sector of the operation.

    (2) However, the charge imposed by subclause (1) is not payable in respect of the following:

    • (a) any member of the crew of that aircraft:

    • (b) any member of the crew of an aircraft who is being carried on that aircraft solely for the purposes of positioning that crew member to carry out his or her duties as an employee of the operator:

    • (c) any child under the age of 2 years:

    • (d) any person who is carried from an aerodrome outside New Zealand to an aerodrome in New Zealand and who is then carried in the same aircraft to another aerodrome within New Zealand:

    • (e) any person who is carried from an aerodrome within New Zealand to another aerodrome in New Zealand and who is then carried in the same aircraft to an aerodrome outside New Zealand:

    • (f) any other persons or classes of persons that the Minister may specify by notice in the Gazette.

    Regulations 20A and 20B were inserted, as from 1 April 2002, by regulation 4 Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

    Regulation 20A(1): amended, on 13 December 2007, by regulation 5 of the Civil Aviation Charges Amendment Regulations (No 2) 2007 (SR 2007/347).

    Subclause (1) was amended, as from 1 October 2005, by regulation 4 Civil Aviation Charges Amendment Regulations 2005 (SR 2005/156) by substituting the expression “$3.57” for the expression “$2.80”..

20B Returns and payment arrangements for domestic passenger security charges

  • (1) On the 20th day of each month, an operator who is liable to pay domestic passenger security charges under regulation 20A must—

    • (a) submit precise details to the Authority of the number of domestic sectors flown, and the domestic passenger security charges payable, by that operator for the preceding month; and

    • (b) pay the amount (if any) equal to the difference between the domestic passenger security charges payable by the operator for the preceding month and the amount paid by the operator under subclause (2) for that month.

    (2) On the first day of each month, an operator who is liable to pay domestic passenger security charges under regulation 20A must make a lump sum payment to the Authority of an amount agreed between that operator and the Authority that reflects that operator's best estimate of the domestic passenger security charges payable under regulation 20A for the preceding month.

    (3) If the amount paid by the operator under subclause (2) for the preceding month exceeds the domestic passenger security charges payable by the operator for that month, the operator must deduct from the next amount to be paid by the operator under that subclause the amount that has been overpaid.

    (4) An operator who is liable to pay domestic passenger security charges under regulation 20A must maintain, and make available to the Authority on request, records of the domestic air passenger operations conducted by that operator that show, separately,—

    • (a) the number of passengers carried on domestic sectors flown by the operator; and

    • (b) the number of passengers in each of the categories specified in regulation 20A(2) for whom domestic passenger security charges are not payable; and

    • (c) the number of passengers for whom domestic passenger security charges are payable.

    Regulations 20A and 20B were inserted, as from 1 April 2002, by regulation 4 Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

Part 3
General provisions

21 Services provided outside New Zealand

  • Where, in relation to any matter for which a fee or charge is payable under these regulations, any person employed by the Authority or engaged by the Director is required to travel outside New Zealand, the applicant or operator shall be liable to pay, in addition to any other fees and charges payable under these regulations,—

    • (a) The reasonable travel costs incurred by that employee or person; and

    • (b) A charge in respect of the travelling time of that employee or person, being an amount calculated—

      • (i) At the per person hour rate (if any) applicable under these regulations to the work in respect of which the travel is undertaken; or

      • (ii) In any other case, at the rate of $124 per hour.

    Regulation 21 was amended by regulation 5 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the words “by the Authority or engaged by the Director” for the words “in the Ministry or engaged by the Secretary”.

22 Services provided away from scheduled venues

  • Where an examination or test is carried out away from a scheduled venue, the examiner's travel costs shall be payable by the applicant in addition to any other fees and charges payable under these regulations.

23 Provision of advice or aeronautical information

  • (1) Where the Authority provides advice or is consulted in relation to any licence, rating, certificate, approval, or monitoring, the person who requested the service shall, on receipt of an invoice from the Authority, be liable to pay—

    • (a) A charge calculated at the per person hour rate (if any) applicable to the grant of that document or approval, or to the carrying out of that monitoring; or

    • (b) In any other case, a charge calculated at the rate of $124 per person hour.

    (2) Where aeronautical information is supplied by the Authority to any person, a reasonable charge for the supply of that information shall be payable in addition to any other fees and charges payable under these regulations.

    Regulation 23 was amended by regulation 11 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the references to the “Authority” for references to the “Secretary” and the “Ministry”.

24 Charges payable where same person carrying on domestic and international operations

  • Where the same person carries on business in New Zealand both as an international operator and a domestic operator, the fees and charges payable under these regulations shall be charged at the appropriate rates prescribed or fixed by or under these regulations in accordance with the class of operations in which the aircraft concerned is for the time being operated.

25 Recovery of charges

  • (1) Subject to subclause (2) of this regulation, all fees and charges payable under these regulations shall be recoverable in any court of competent jurisdiction by the Secretary or the Authority where the dues are payable to the Secretary or the Authority, respectively, and in any other case shall be so recoverable by the Airport Authority to which they are payable.

    (2) Differential airport charges shall be recoverable from the operator in any court of competent jurisdiction as follows:

    • (a) Where the charges are payable in respect of the use of any Crown airport or any facilities in connection with that airport, those charges shall be so recoverable by the Secretary:

    • (b) Where the charges are payable in respect of the use of any joint venture airport or any facilities in connection with that airport, those charges shall be so recoverable by the Airport Authority concerned.

    Regulation 25(1) was amended by regulation 6 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by inserting the words “or the Authority”, and inserting the words “or the Authority, respectively”.

26 Refund or waiver of fee or charge

  • (1) If at any time within 3 months after the payment of any fees or charges under these regulations the Secretary or the Authority or the Airport Authority concerned is satisfied that an excess payment was made or that a payment was made in error, a refund of the excess or the amount paid in error shall be made.

    (2) The Secretary or the Authority may authorise the refund or waiver, in whole or in part, of any fee or charge payable under these regulations where—

    • (a) The fee or charge is payable by a non-commercial and non-profit organisation; or

    • (b) The fee or charge is payable by a person who is not generally involved in civil aviation; or

    • (c) The application in respect of which the fee or charge is payable has been declined.

    Regulation 26 was amended by regulation 7 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by inserting in two places the words “or the Authority”.

27 Fees and charges payable where applicant applies for more than one document or approval

  • Where an applicant applies for more than one type of licence, rating, certificate, or approval specified in the Schedule to these regulations, the applicant shall be liable to pay the fee or charge prescribed in respect of each licence, rating, certificate, or approval sought by the applicant.

28 Minimum payments to be credited towards total fee or charge payable

  • Where, in relation to any fee or charge, these regulations require the payment in advance of any specified minimum amount, that payment shall be credited towards the total fee or charge payable.

29 Aggregation of small fees and charges

  • Where different fees or charges of less than $50 are payable by any person under these regulations, those fees or charges may be invoiced as an aggregate amount instead of being invoiced separately.

30 Penalty for late payment

  • Where any fee or charge has not been paid within the period prescribed or fixed in that behalf by or under these regulations, a penalty of 5 percent of the amount of that fee or charge shall be payable in respect of each period of 28 days after the close of that period during which the fee or charge remains unpaid.

31 Exemptions

  • No fee shall be payable under these regulations for the issue or renewal of any licence, rating, certificate, or approval where the issue or renewal is lawfully made by a person who is not employed by the Authority.

    Regulation 31 was amended by regulation 8 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the words “by the Authority” for the words “in the Ministry of Transport”.

32 Transitional provisions

  • The following provisions shall apply in relation to persons who became liable under the Civil Aviation Charges Regulations 19912 to pay any annual variable charge in respect of any period ending after the commencement of these regulations:

    • (a) Such charges shall be payable only in respect of any period ending with the close of the day before the commencement of these regulations:

    • (b) Any amount of any annual variable charge specified in Section C of the Schedule to the Civil Aviation Charges Regulations 1991, that has been paid under those regulations and relates to any period to which these regulations apply, shall be refunded by the Secretary.

    Regulation 32(b) was amended by regulation 9 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by omitting the words “shall be credited by the Secretary towards any future liability of that person to pay fees or charges under the Act or”.

33 Amount of goods and services tax included
34 Revocation

  • The Civil Aviation Charges Regulations 19913 are hereby revoked.

Schedule
Fees and charges

Regs 4, 10

  • Schedule, Section I, Clause 3 was amended by regulation 11(1) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by substituting the reference to the “Authority” for a reference to the “Ministry”.

  • This Schedule was substituted, as from 1 July 1995, by regulation 2 Civil Aviation Charges Regulations (No 2) 1991, Amendment No 3 (SR 1995/115).

Section A:
Fees and charges for personnel licensing

Matters in respect of which fees are payableFee
 $
Training, examining, flight testing, and conducting organisation— 
Issue of certificate of approval...................................................................
133 per person hour
A minimum fee of $133 is payable on application for issue of certificate of approval...................................................................
133 per person hour
Renewal of, or amendment to, certificate of approval...................................................................
133 per person hour
Monitoring of, or carrying out checks in relation to, certificate of approval holder133 per person hour
Level 6 proficiency demonstration for proficient English speakers99
Review of level 6 proficiency demonstration for proficient English speakers52
Formal language evaluation for applicants whose native language is not English246
Review of formal language evaluation for applicants whose native language is not English79
Air traffic service personnel licences and ratings (Part 65 of the Civil Aviation Rules)— 
Air traffic trainee licence...................................................................
50
Air traffic controller licence...................................................................
60
Flight service trainee licence...................................................................
50
Flight service operator licence...................................................................
60
Air traffic service instructor rating...................................................................
50
Air traffic service examiner rating...................................................................
50
Aircraft maintenance personnel licences and ratings (Part 66 of the Civil Aviation Rules)— 
Aircraft maintenance engineer licence (includes issue plus one category)...................................................................
161
Aircraft maintenance engineer licence — additional category...................................................................
121
Aircraft maintenance engineer licence — rating...................................................................
121
Aircraft maintenance engineer licence — maintenance approval...................................................................
161
Aircraft maintenance engineer licence — certificate of inspection authorisation...................................................................
161
Exchange aircraft maintenance engineer licence (old type to lifetime equivalent)...................................................................
80
Flight crew licensing (Part 61 of the Civil Aviation Rules)— 
Private pilot licence...................................................................
55
Recreational pilot licence55
Commercial pilot licence...................................................................
60
Airline transport pilot licence...................................................................
60
Cadet flight engineer licence...................................................................
50
Flight engineer licence...................................................................
60
Flight engineer instructor rating...................................................................
50
Flight engineer examiner rating...................................................................
50
Instrument rating...................................................................
50
Flight instructor rating — A category...................................................................
50
Flight instructor rating — B category...................................................................
50
Flight instructor rating — C category...................................................................
50
Flight instructor rating — D category...................................................................
50
Flight instructor rating — E category...................................................................
50
Flight examiner rating...................................................................
50
Validation of foreign pilot licence...................................................................
65
Replacement of licence, certificate, or rating...................................................................
50
Amendment to face of document...................................................................
50
Flight testing 
Airline transport pilot licence (aeroplane)—issue flight test1206
Airline transport pilot licence (helicopter)—issue flight test665
Flight instructor rating 
- A category—issue flight test1972
- A category—biennial check559
- B category—issue flight test1025
- B category—annual check559
- C category—issue flight test1025
- C category—annual check559
- D category—issue flight test559
- E category—issue flight test559
Commercial pilot licence—flight test559
Instrument rating 
- issue flight test559
- annual flight test559
Airline flight examiner rating—issue and renewal test133 per person hour
General aviation flight examiner rating 
- issue133 per person hour
- renewal487
Flight tests for which a fee is not otherwise prescribed133 per person hour
Examinations 
Aircraft maintenance engineer licence 
- each written examination175
- each oral examination249
- each recount and review of a written examination100
Aircraft maintenance engineer rating 
- each written examination175
- each oral examination249
- each recount and review of a written examination100
Aircraft maintenance engineer maintenance approval 
- each written examination175
- each oral examination249
- each recount and review of a written examination100
Private pilot licence 
- each technical examination49
- each examination recount and review40
Commercial pilot licence 
- each technical examination108
- each examination recount and review100
Airline transport pilot licence 
- each technical examination175
- each examination recount and review120
Flight engineer 
- each technical examination108
- each examination recount and review100
Instrument rating 
- each technical examination108
- each examination recount and review100
Chemical rating 
- each technical examination108
- each examination recount and review100
Basic turbine knowledge 
- each technical examination108
- each examination recount and review100
Any examination recount without review25
Medical— 
Routine Medical Assessment— 
Routine medical assessment — initial...................................................................
162
Routine medical assessment — subsequent...................................................................
81
Special Medical Assessments— 
Special medical assessment — initial...................................................................
133 per person hour
Special medical assessment — subsequent...................................................................
133 per person hour
Special medical assessment — review...................................................................
133 per person hour
Aviation Medical Assessor and Designated Medical Examiner Certification— 
Providing a Medical Manual issued by the Authority...................................................................
113
Designated Medical Examiner approval...................................................................
55
Aviation Medical Assessor approval...................................................................
169
Aviation Medical Assessor upgrade — Grade 2 to Grade 1...................................................................
55
Trans-Tasman Mutual Recognition Agreement— 
Registration of licensees recognised under the Agreement...................................................................
25

  • Schedule Section A Level 6 proficiency demonstration for proficient English speakers: inserted, on 8 May 2008, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99).

  • Schedule Section A Review of level 6 proficiency demonstration for proficient English speakers: inserted, on 8 May 2008, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99).

  • Schedule Section A Formal language evaluation for applicants whose native language is not English: inserted, on 8 May 2008, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99).

  • Schedule Section A Review of formal language evaluation for applicants whose native language is not English: inserted, on 8 May 2008, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99).

  • Schedule Section A Recreational pilot licence: inserted, on 8 May 2008, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99).

  • Schedule, Section A was amended, as from 20 April 2006, by regulation 4 Civil Aviation Charges Amendment Regulations 2006 (SR 2006/63) by substituting the items relating to flight testing and examinations.

  • Schedule, Section A, Part 1, was amended by regulation 10(1) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by adding the items under the heading “Licensing administration fees”.

  • Schedule, Section A, Part 3 was amended by regulation 10(2) Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221) by adding the items under the heading “Other medical fees—”.

  • Schedule, Sections A, and C were substituted, as from 11 July 1997, by clause 5(1) and (2) Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

Section B:
Aircraft related fees and charges

1 Aircraft registration

  • The fees payable in respect of the registration of aircraft shall be the following:

     $
    Initial registration...................................................................
    		171
    Annual fee for maintenance of the Register...................................................................
    		36
    Change of registration...................................................................
    		86
    Change of ownership...................................................................
    		30
    Allocation of a particular registration mark...................................................................
    		30
    Reservation of a particular registration mark...................................................................
    		30
2 Type certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a type certificate issued under rules made under the Act.

3 Type acceptance certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant of a type acceptance certificate issued under rules made under the Act, with a minimum charge of $266 payable in advance.

4 Design certification of aircraft parts or equipment

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a design certification of aircraft parts or equipment.

5 Airworthiness certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant of an airworthiness certificate issued under rules made under the Act, with a minimum charge of $266 payable in advance.

6 Renewal of or amendment to airworthiness certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the renewal of, or any amendment to, an airworthiness certificate issued under rules made under the Act.

7 Approval of minimum equipment list

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an approval of a minimum equipment list.

8 Approval of aircraft modifications

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an approval of aircraft modifications.

9 Approval of flight manuals or amendments

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an approval of a flight manual or any amendment to a flight manual.

10 Approval of aircraft radio station

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an approval of an aircraft radio station.

11 Special flight permit

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a special flight permit.

Section C:
Air service charges

  • Schedule, Sections A, and C were substituted, as from 11 July 1997, by clause 5(1) and (2) Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

1 Grant of air operator certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant of an air operator certificate, with a minimum charge of $532 payable in advance.

2 Renewal or amendment of air operator certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the renewal of, or any amendment to, an air operator certificate.

3 Monitoring of holders of air operator certificate

  • A charge of $133 per person hour is payable in respect of the monitoring of the holder of an air operator certificate.

4 Assessment of manuals, etc

  • A charge of $133 per person hour is payable in respect of the assessment of manuals, programmes, or approvals to ensure continued compliance with the conditions of an air operator certificate.

Section D:
Aerodrome charges

1 Grant of air operator certificate

  • Aerodrome operating certificates-A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an aerodrome operating certificate issued under rules made under the Act.

2 Renewal or amendment of air operator certificate

  • A charge of $133 per person hour is payable in respect of the monitoring of an aerodrome operating certificate holder.

Section E:
Other aviation related charges

1 Grant of certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant of a certificate approving or authorising the construction, design, processing, or supply of aircraft or aircraft components, with a minimum charge of $266 payable in advance.

2 Renewal or amendment of certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the renewal of, or any amendment to, a certificate approving or authorising the construction, design, processing, or supply of aircraft or aircraft components.

3 Monitoring of approved organisations

  • A charge of $133 per person hour is payable in respect of the monitoring of a firm or person approved or authorised in respect of the construction, design, processing, or supply of aircraft or aircraft components.

4 Amendment of manuals, etc

  • A charge of $133 per person hour is payable in respect of the assessment or approval of any amendment to a manual, programme, or approval to ensure the continued compliance with the conditions of a certificate of approval or authorisation held in respect of the construction, design, maintenance, processing, or supply of aircraft or aircraft components.

5 Approval of simulators

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the issue or renewal of, or any amendment to, a certificate of approval or authorisation in respect of a simulator.

6 Approval of training and checking organisations

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, an approval or authorisation in respect of a training and checking organisation.

7 Monitoring of training and checking organisations

  • A charge of $133 per person hour is payable in respect of the monitoring of an approved checking and training organisation.

8 Grant of maintenance organisation certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a maintenance organisation certificate issued under rules made under the Act.

9 Monitoring of maintenance organisation

  • A charge of $133 per person hour is payable in respect of the monitoring of the holder of a maintenance organisation certificate issued under rules made under the Act.

Section F:
Air traffic services and navigation installation charges

1 Telecommunication service certificate, air traffic service certificate, and aeronautical information service certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a telecommunication service certificate, an air traffic service certificate, or an aeronautical information service certificate.

    Schedule, Section F Item 1 was substituted, as from 11 July 1997, by clause 5(3) Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

2 Monitoring of providers of air traffic services or navigation installations

  • A charge of $133 per person hour is payable in respect of the monitoring of an air traffic services provider or an air navigation installation provider.

3 Assessment of radio frequencies

  • A charge of $133 per person hour is payable in respect of the assessment of a radio frequency within those parts of the radio frequency spectrum specified in the following table:

4 Allocation of ICAO location indicators or ICAO aircraft operating agency designators

  • A charge of $133 per person hour is payable in respect of the allocation of an ICAO location indicator or an ICAO aircraft operating agency designator.

5 Approval of instrument flight rules procedures

  • A charge of $133 per person hour is payable in respect of the approval of instrument flight rules procedures.

    Spectrum(MHz)Allocation
    0.190.415Radio navigation (non-directional beacon)
    1.60651.632Radio navigation (non-directional beacon)
    2.853.155Aeronautical mobile communications
    3.43.5Aeronautical mobile communications
    3.93.95Aeronautical fixed communications
    4.654.75Aeronautical mobile communications
    5.485.73Aeronautical mobile communications
    6.5256.765Aeronautical mobile communications
    8.8159.04Aeronautical mobile communications
    10.00510.1Aeronautical mobile communications
    11.17511.4Aeronautical mobile communications
    13.213.36Aeronautical mobile communications
    15.0115.1Aeronautical mobile communications
    17.918.03Aeronautical mobile communications
    21.8721.924Aeronautical fixed communications
    21.92422Aeronautical mobile communications
    23.223.35Aeronautical fixed and mobile communications
    74.875.2Radio navigation (Marker beacon)
    108118Radio navigation (ILS localizer,VOR)
    118137Aeronautical communications
    328.6335.4Radio navigation (ILS glidepath)
    9601215Radio navigation (DME, SSR)
    50005250Radio navigation (MLS)

Section G:
Aviation security

1 Approvals

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, any approval in respect of—

    • (a) Any provider of aviation security services:

    • (b) Any aerodrome security programme or procedure:

    • (c) Any other security programme or procedure that is required by or under the Act, or any person or organisation required to establish such a programme or procedure.

    Schedule, Section G Item 1 was substituted, as from 11 July 1997, by clause 5(4) Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

2 Monitoring

  • A charge of $133 per person hour is payable in respect of the monitoring of any programme, procedure, or person referred to in clause 1 of this Section.

Section H:
Meteorological service providers

1 Grant of meteorological service certificate

  • A charge of $133 per person hour is payable in respect of the assessment of an application for the grant or renewal of, or any amendment to, a certificate authorising the provision of meteorological services to civil aviation.

2 Monitoring of meteorological service providers

  • A charge of $133 per person hour is payable in respect of the monitoring of the holder of a meteorological certificate issued under rules made under the Act.

Section I:
Miscellaneous

  • Section I was substituted, as from 11 July 1997, by regulation 5(5) Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

1 Certification and clearance of Aeronautical Information Publication material

  • A charge of $133 per person hour is payable for the certification and clearance, or other processing, of material to be published in the Aeronautical Information Publication.

2 Other aviation publications

  • A charge of $ 133 per person hour is payable in respect of the production of, or amendment to, any aviation publication other than the Aeronautical Information Publication.

3 Exemptions

  • A charge of $133 per person hour is payable in respect of an investigation carried out for the purpose of assessing an application for an exemption from any rules made under the Act.

4 Aerodrome determinations

  • A charge of $133 per person hour is payable in respect of an investigation carried out for the purpose of assessing an application for a determination in respect of the construction, alteration, activation, or deactivation of an aerodrome.

5 Compliance advice

  • A charge of $133 per person hour is payable in respect of an investigation carried out for the purpose of assessing an application for acceptance of a means of compliance (other than a means of compliance considered to be acceptable in the relevant advisory information) with any rules made under the Act.

6 Examination approvals

  • A charge of $133 per person hour is payable in respect of an investigation carried out for the purpose of assessing an application for approval of any written examinations or their equivalents.

7 Aeronautical study or safety review

  • A charge of $133 per person hour is payable in respect of any aeronautical study or safety review conducted for the purposes of rules made under the Act.

8 Construction or alteration of structure, or other activity, that could constitute hazard

  • A charge of $133 per person hour is payable in respect of any aeronautical study conducted to determine whether or not the proposed construction or alteration of a structure, or any other proposed activity, could constitute a hazard in navigable airspace.

9 Safety and security inspections and monitoring

  • A charge of $133 per person hour is payable in respect of any inspections or monitoring carried out under section 15 of the Act, for which a specific charge is not otherwise prescribed.

10 Approval or investigations for which specified charge is not otherwise prescribed

  • Where, for any purpose under the Act or any rules made under the Act, any employee of the Authority carries out—

    • (a) The assessment of an application in respect of the grant or renewal of, or any amendment to, any approval; or

    • (b) Any monitoring,—

    a charge of $133 per person hour is payable in respect of that work if a fee or charge is not prescribed or fixed in respect of that work by or under any other provision of these regulations.

MARIE SHROFF,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 August 1991, replace the Civil Aviation Charges Regulations 1991.

The principal changes made by the new regulations are as follows:

  • (a) Hourly rates are prescribed for aircraft related services (other than personnel licensing) provided by the Air Transport Division of the Ministry of Transport:

  • (b) A uniform airport charge of 5 percent of gross operating revenue is prescribed for all domestic operators:

  • (c) A uniform airport charge of $7.60 per 1,000kg gross weight of the aircraft landing is prescribed for all international operators:

  • (d) Meteorological charges payable by international operators are to be paid quarterly:

  • (e) Provision is made for the refund or waiver of fees and charges in specified classes of cases:

  • (f) A penalty of 5 percent is payable for every month during which a fee or charge remains unpaid.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 1 August 1991.

Contents

  • 1General

  • 2About this eprint

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

Notes
1 General

  • This is an eprint of the Civil Aviation Charges Regulations (No 2) 1991. It incorporates all the amendments to the Civil Aviation Charges Regulations (No 2) 1991 as at 8 May 2008. 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)

  • 1 SR 1953/108 (Reprinted with Amendment Nos 1 to 22: SR 1980/88)

  • 2 SR 1991/25

  • 3 SR 1991/25