Civil Aviation Charges Regulations (No 2) 1991

Reprint as at 1 April 2016

Coat of Arms of New Zealand

Civil Aviation Charges Regulations (No 2) 1991

(SR 1991/143)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 29th day of July 1991

Present:
Her Excellency the Governor-General in Council

Note

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

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

These regulations are administered by 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

1Title and commencement
2Interpretation
3Application
4Fees and charges for personnel licensing
5Examination fees [Revoked]
6Priority licensing transaction surcharge [Revoked]
7Flight tests unable to be completed
8Refund of examination recount and review fees [Revoked]
9Refund for withdrawal from test
10Aircraft fees and other charges
10AAirport identity card
11Payment of fees and charges under this Part
12Authority may decline to process application if prescribed fees and charges not paid [Revoked]
13Differential airport charges
14Airport charges payable by domestic operators
15Payment of airport charges and furnishing of returns by domestic operators
16Airport charges payable by international operators
17Payment of airport charges by international operators
18Aircraft parking charges
19Meteorological charges [Revoked]
20International passenger security charges
20ADomestic passenger security charges
20BReturns and payment arrangements for domestic passenger security charges
21Services provided outside New Zealand
22Services provided away from scheduled venues [Revoked]
23Provision of advice or aeronautical information
24Charges payable where same person carrying on domestic and international operations
25Recovery of charges
26Refund or waiver of fee or charge
27Fees and charges payable where applicant applies for more than 1 document or approval
28Payments in advance to be credited towards total fee or charge payable
29Aggregation of small fees and charges [Revoked]
30Penalty for late payment
31Exemptions [Revoked]
32Transitional provisions [Revoked]
33Amount of goods and services tax included
34Revocation
Gazette Information
Reprint notes

Regulations

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 1 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 an airline air operator certificate or a general aviation air operator certificate

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

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

domestic operator means an operator carrying on in New Zealand 1 or more of the following flight operations:

(a)

air transport operations between aerodromes in New Zealand, and air transport operations that leave from and return to the same aerodrome in New Zealand without an intermediate stop:

(b)

commercial transport operations:

(c)

flight training 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)

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

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

joint-venture airport means an airport operated by the Crown and 1 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

maximum certificated take-off weight, in relation to an aircraft, means the weight specified as the maximum take-off weight of the aircraft in a flight manual or airworthiness certificate relating to the aircraft

MCTOW means maximum certificated take-off weight

Minister has the same meaning as in section 2(1) of the Act

Ministry has the same meaning as in section 2(1) of the Act

monitoring includes any form of audit, inspection, checking monitoring, or investigation (other than any investigation under section 15A of the Act or an investigation in relation to an offence under the Act)

operator means any person that flies or uses an aircraft, or causes or permits an aircraft to fly, be used, or be in any place, whether or not the person is present with the aircraft

Register means the New Zealand Register of Aircraft established under section 73 of the Act

Secretary has the same meaning as in section 2(1) of the Act.

(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) 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 rules made under Part 3 of the Act, that word or expression shall, unless the context otherwise requires, bear in that provision the meaning it has in those rules.

Regulation 2(1) air operator certificate: replaced, on 1 November 2012, by regulation 4(1) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) Authority: inserted, on 12 August 1992, by regulation 2 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 2(1) Director: inserted, on 12 August 1992, by regulation 2 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 2(1) domestic operator: replaced, on 1 November 2012, by regulation 4(2) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) domestic sector: inserted, on 1 April 2002, by regulation 3 of the Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

Regulation 2(1) goods: revoked, on 1 November 2012, by regulation 4(3) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) grant: revoked, on 1 November 2012, by regulation 4(3) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) gross weight or MCTOW: revoked, on 1 November 2012, by regulation 4(3) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) hirer: revoked, on 1 November 2012, by regulation 4(3) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) international operator: amended, on 1 November 2012, by regulation 4(4) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) maximum certificated take-off weight: inserted, on 1 November 2012, by regulation 4(5) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) MCTOW: inserted, on 1 November 2012, by regulation 4(5) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) Minister: replaced, on 1 November 2012, by regulation 4(6) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) Ministry: replaced, on 1 November 2012, by regulation 4(7) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) monitoring: amended, on 1 November 2012, by regulation 4(8) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) operator: replaced, on 1 November 2012, by regulation 4(9) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) public licensed aerodrome: revoked, on 29 September 1994, by regulation 2 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

Regulation 2(1) Register: inserted, on 1 November 2012, by regulation 4(10) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(1) Secretary: replaced, on 1 November 2012, by regulation 4(11) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(3): amended, on 1 November 2012, by regulation 4(12)(a) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 2(3): amended, on 1 November 2012, by regulation 4(12)(b) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

3 Application

(1)

Except as otherwise provided in these regulations, these regulations apply in relation to the functions and duties performed, powers exercised, and services provided by the Authority.

(2)

Nothing in these regulations applies to—

(a)

aircraft used for the purposes of the New Zealand Defence Force; or

(b)
[Revoked]

(c)

aircraft used for the military, diplomatic, or ceremonial purposes of any Government.

Regulation 3(1): amended, on 1 November 2012, by regulation 5(1) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 3(2)(b): revoked, on 1 November 2012, by regulation 5(2) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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 Part 1 of the Schedule shall be liable to pay the appropriate fees and charges specified in that section.

Regulation 4: amended, on 1 November 2012, by regulation 6 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

5 Examination fees
[Revoked]

Regulation 5: revoked, on 1 November 2012, by regulation 7 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

6 Priority licensing transaction surcharge
[Revoked]

Regulation 6: revoked, on 1 November 2012, by regulation 8 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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 Authority towards the re-scheduled test.

Regulation 7: amended, on 1 November 2012, by regulation 9 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

8 Refund of examination recount and review fees
[Revoked]

Regulation 8: revoked, on 1 November 2012, by regulation 10 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

9 Refund for withdrawal from test

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

Regulation 9: amended, on 1 November 2012, by regulation 11(a) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 9: amended, on 1 November 2012, by regulation 11(b) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 9: amended, on 12 August 1992, by regulation 11(2) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Aircraft fees and other charges

10 Aircraft fees and other charges

(1)

Subject to subclause (2), 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 Parts 2 to 9 of the Schedule.

(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.

Regulation 10(1): amended, on 1 November 2012, by regulation 12 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

10A Airport identity card

(1)

The fee for an application to the Director for the issue or approval of an airport identity card under rule 19.357(a), Part 19 of the Civil Aviation Rules is $62.45.

(2)

The fee for an application to the Director for the issue of a temporary airport identity card referred to in rule 19.357(h), Part 19 of the Civil Aviation Rules is $7.95.

Regulation 10A: inserted, on 1 April 2014, by regulation 4 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2014 (LI 2014/25).

Payment of fees and charges

11 Payment of fees and charges under this Part

(1)

Subject to subclause (2), the fees and charges payable under this Part 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, including arrangements for payment in advance.

Regulation 11(1): amended, on 12 August 1992, by regulation 11(2) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 11(1)(b): amended, on 12 August 1992, by regulation 11(2) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 11(2): amended, on 1 November 2012, by regulation 13 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 11(2): amended, on 12 August 1992, by regulation 11(2) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

12 Authority may decline to process application if prescribed fees and charges not paid
[Revoked]

Regulation 12: revoked, on 1 November 2012, by regulation 14 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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): amended, on 29 September 1994, by regulation 3 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

14 Airport charges payable by domestic operators

(1)

Subject to subclause (2), 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% 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) 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): amended, on 29 September 1994, by regulation 4(a) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

Regulation 14(1): amended, on 29 September 1994, by regulation 4(b) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

Regulation 14(2): amended, on 29 September 1994, by regulation 4(a) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

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, 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) 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) 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 1 000 kg 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.

Regulation 16(2): amended, on 11 July 1997, by regulation 3 of the Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106).

17 Payment of airport charges by international operators

Every international operator shall pay any charges for which the operator is liable under regulation 16 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), 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)—

(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): amended, on 29 September 1994, by regulation 5 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194).

19 Meteorological charges
[Revoked]

Regulation 19: revoked, on 12 August 1992, by regulation 4 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

20 International passenger security charges

(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 the appropriate international passenger security charge specified in the following table for each international civil air passenger departing from New Zealand on an aircraft operated by that operator:

Date of departureInternational passenger security charge
On or after 1 April 2014 but before 1 April 2016$11.98
On or after 1 April 2016$10.58

(2)

The charge imposed by subclause (1) 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:

(fa)

any passenger on an aircraft departing from an international airport to which section 7 of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 applies:

(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): replaced, on 1 April 2014, by regulation 5 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2014 (LI 2014/25).

Regulation 20(1) table: amended, on 1 April 2016, by regulation 4(1) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2016 (LI 2016/26).

Regulation 20(1) table: amended, on 1 April 2016, by regulation 4(2) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2016 (LI 2016/26).

Regulation 20(2)(fa): inserted, on 15 February 2014, by section 21(2) of the Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3).

20A Domestic passenger security charges

(1)

For the purpose of providing funds for the maintenance and operation of the Aviation Security Service, a person described in subclause (1A), 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 the appropriate domestic passenger security charge specified in the following table for each passenger carried on each domestic sector of the operation:

Date of carriage of passengerDomestic passenger security charge
On or after 1 April 2014 but before 1 April 2015$3.82
On or after 1 April 2015 but before 1 April 2016$3.71
On or after 1 April 2016$3.65

(1A)

The persons are—

(a)

a holder of an air operator certificate:

(b)

a holder of an Australian AOC with ANZA privileges.

(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.

Regulation 20A: inserted, on 1 April 2002, by regulation 4 of the Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43).

Regulation 20A(1): replaced, on 1 April 2014, by regulation 6 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2014 (LI 2014/25).

Regulation 20A(1A): inserted, on 10 June 2009, by regulation 4(2) of the Civil Aviation Charges Amendment Regulations 2009 (SR 2009/132).

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.

Regulation 20B: inserted, on 1 April 2002, by regulation 4 of the 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,—

(A)

for the period from 1 November 2012 to 30 June 2013, at the rate of $208 per person hour:

(B)

for the period from 1 July 2013 to 30 June 2014, at the rate of $244 per person hour:

(C)

from 1 July 2014, at the rate of $284 per person hour.

Regulation 21: amended, on 12 August 1992, by regulation 5 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 21(b)(ii): replaced, on 1 November 2012, by regulation 15 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

22 Services provided away from scheduled venues
[Revoked]

Regulation 22: revoked, on 1 November 2012, by regulation 16 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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,—

(i)

for the period from 1 November 2012 to 30 June 2013, a charge calculated at the rate of $208 per person hour:

(ii)

for the period from 1 July 2013 to 30 June 2014, a charge calculated at the rate of $244 per person hour:

(iii)

from 1 July 2014, a charge calculated at the rate of $284 per person hour.

(1A)

A charge payable under subclause (1) for advice or consultation in relation to a document, an approval, or monitoring is payable irrespective of whether the document or approval is granted or the monitoring is carried out.

(2)

[Revoked]

Regulation 23(1): amended, on 12 August 1992, by regulation 11(1) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 23(1): amended, on 12 August 1992, by regulation 11(2) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 23(1)(b): replaced, on 1 November 2012, by regulation 17(1) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 23(1A): inserted, on 1 November 2012, by regulation 17(2) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 23(2): revoked, on 1 November 2012, by regulation 17(3) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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), 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): amended, on 12 August 1992, by regulation 6(a) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 25(1): amended, on 12 August 1992, by regulation 6(b) of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

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 or matter in respect of which the fee or charge is payable has been declined.

Regulation 26(1): amended, on 12 August 1992, by regulation 7 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 26(2): amended, on 12 August 1992, by regulation 7 of the Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221).

Regulation 26(2)(c): amended, on 1 November 2012, by regulation 18 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

27 Fees and charges payable where applicant applies for more than 1 document or approval

Where an applicant applies for more than 1 type of licence, rating, certificate, or approval specified in the Schedule, 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 Payments in advance to be credited towards total fee or charge payable

Where, in relation to any fee or charge payable under these regulations, any payment is made in advance, that payment shall be credited towards the total fee or charge payable.

Regulation 28 heading: replaced, on 1 November 2012, by regulation 19(1) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Regulation 28: amended, on 1 November 2012, by regulation 19(2) of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

29 Aggregation of small fees and charges
[Revoked]

Regulation 29: revoked, on 1 November 2012, by regulation 20 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

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% 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
[Revoked]

Regulation 31: revoked, on 1 November 2012, by regulation 21 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

32 Transitional provisions
[Revoked]

Regulation 32: revoked, on 1 November 2012, by regulation 21 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

33 Amount of goods and services tax included

The fees and charges prescribed or fixed by or under these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

34 Revocation

The Civil Aviation Charges Regulations 1991 (SR 1991/25) are hereby revoked.

Schedule Fees and charges

rr 4, 10

Schedule: replaced, on 1 November 2012, by regulation 23 of the Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305).

Definition

1

In this schedule, standard rate means,—

(a)

for the period from 1 November 2012 to 30 June 2013, $208 per person hour:

(b)

for the period from 1 July 2013 to 30 June 2014, $244 per person hour:

(c)

from 1 July 2014, $284 per person hour.

Part 1 Fees for personnel licensing

2

The following fees are payable in respect of personnel licensing:

($)
Training, examining, flight testing, and conducting organisation
Issue of certificate of approvalStandard rate
A minimum fee equal to 1 hour at the standard rate is payable on application for issue of certificate of approval
Renewal of, or amendment to, certificate of approvalStandard rate
Monitoring of, or carrying out checks in relation to, certificate of approval holderStandard rate
Air traffic service personnel licences and ratings (Part 65 of Civil Aviation Rules)
Air traffic trainee licence197
Air traffic controller licence197
Flight service trainee licence197
Flight service operator licence197
Air traffic service instructor rating131
Air traffic service examiner rating131
Aircraft maintenance personnel licences and ratings (Part 66 of Civil Aviation Rules)
Aircraft maintenance engineer licence (includes issue plus 1 category)299
Aircraft maintenance engineer licence—additional category200
Aircraft maintenance engineer licence—rating200
Aircraft maintenance engineer licence—maintenance approval266
Aircraft maintenance engineer licence—certificate of inspection authorisation266
Exchange aircraft maintenance engineer licence (old type to lifetime equivalent)197
Flight crew licensing (Part 61 of Civil Aviation Rules)
Recreational pilot licence230
Private pilot licence230
Commercial pilot licence230
Airline transport pilot licence230
Instrument rating131
Flight instructor rating—A category131
Flight instructor rating—B category131
Flight instructor rating—C category131
Flight instructor rating—D category131
Flight instructor rating—E category131
Flight examiner rating197
Validation of foreign pilot licence197
Replacement of licence, certificate, or rating99
Amendment to face of document131
Flight testing
Airline transport pilot licence (aeroplane)—issue flight test2,759
Airline transport pilot licence (helicopter)—issue flight test2,759
Airline flight examiner rating—issue and renewal testStandard rate
General aviation flight examiner rating
– issueStandard rate
– renewal1,379
Flight tests for which a fee is not otherwise prescribedStandard rate
Medical
Medical certificate application313
Trans-Tasman Mutual Recognition Agreement
Registration of licensees recognised under the Trans-Tasman Mutual Recognition Agreement197

Part 2 Aircraft-related fees and charges

3

The following fees are payable in respect of the registration of aircraft:

($)
Initial registration296
Annual fee for maintenance of the Register99
Change of registration394
Change of ownership263
Allocation of a particular registration mark197
Reservation of a particular registration mark197
Registration of irrevocable deregistration and export request authorisation (“Cape Town registration”)279
Foreign owner deregistration440
4

Subject to clause 5, the annual fee for maintenance of the Register is payable in advance on 1 July in respect of the financial year beginning 1 July in one year and ending on 30 June the following year.

5

No annual fee for maintenance of the Register is payable in respect of the financial year ending on 30 June in which the initial registration fee is payable.

6

A charge, at the standard rate, is payable in respect of the following:

(a)

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:

(b)

the assessment of an application for the grant of a type acceptance certificate issued under rules made under the Act, with a minimum charge equal to 2 hours at the standard rate payable in advance:

(c)

the assessment of an application for the grant or renewal of, or any amendment to, a design certification of aircraft parts or equipment:

(d)

the assessment of an application for the grant of an airworthiness certificate issued under rules made under the Act, with a minimum charge equal to 2 hours at the standard rate payable in advance:

(e)

the assessment of an application for the renewal of, or any amendment to, an airworthiness certificate issued under rules made under the Act:

(f)

the assessment of an application for the grant or renewal of, or any amendment to, an approval of a minimum equipment list:

(g)

the assessment of an application for the grant or renewal of, or any amendment to, an approval of aircraft modifications:

(h)

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:

(i)

the assessment of an application for the grant or renewal of, or any amendment to, an approval of an aircraft radio station:

(j)

the assessment of an application for the grant or renewal of, or any amendment to, a special flight permit.

Part 3 Air service charges

7

A charge, at the standard rate, is payable in respect of the following:

(a)

the assessment of an application for the grant of an air operator certificate, with a minimum charge equal to 4 hours at the standard rate payable in advance:

(b)

the assessment of an application for the renewal of, or any amendment to, an air operator certificate:

(c)

the monitoring of the holder of an air operator certificate:

(d)

the assessment of manuals, programmes, or approvals to ensure continued compliance with the conditions of an air operator certificate.

Part 4 Aerodrome charges

8

A charge, at the standard rate, is payable in respect of the following:

(a)

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:

(b)

the monitoring of an aerodrome-operating certificate holder.

Part 5 Other aviation-related charges

9

A charge, at the standard rate, is payable in respect of the following:

(a)

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 equal to 2 hours at the standard rate payable in advance:

(b)

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:

(c)

the monitoring of a firm or person approved or authorised in respect of the construction, design, processing, or supply of aircraft or aircraft components:

(d)

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:

(e)

the issue or renewal of, or any amendment to, a certificate of approval or authorisation in respect of a simulator:

(f)

the grant or renewal of, or any amendment to, an approval or authorisation in respect of a training and checking organisation:

(g)

the monitoring of an approved training and checking organisation:

(h)

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:

(i)

the monitoring of the holder of a maintenance organisation certificate issued under rules made under the Act.

Part 6 Air traffic services, navigation installation, and instrument flight procedure service and registration charges

10

A charge, at the standard rate, is payable in respect of the following:

(a)

the assessment of an application for, or the grant or renewal of, or any amendment to, a telecommunication service certificate, an air traffic service certificate, an aeronautical information service certificate, or an instrument flight procedure service certificate:

(b)

the monitoring of an air traffic services provider, an air navigation installation provider, or an instrument flight procedure service provider:

(c)

the allocation of an ICAO location indicator or an ICAO aircraft operating agency designator:

(d)

the registration of instrument flight procedures:

(e)

the assessment of a radio frequency within those parts of the radio frequency spectrum specified in the following table:

Spectrum (MHz)Allocation
0.19–0.415Radio navigation (non-directional beacon)
1.6065–1.632Radio navigation (non-directional beacon)
2.85–3.155Aeronautical mobile communications
3.4–3.5Aeronautical mobile communications
3.9–3.95Aeronautical fixed communications
4.65–4.75Aeronautical mobile communications
5.48–5.73Aeronautical mobile communications
6.525–6.765Aeronautical mobile communications
8.815–9.04Aeronautical mobile communications
10.005–10.1Aeronautical mobile communications
11.175–11.4Aeronautical mobile communications
13.2–13.36Aeronautical mobile communications
15.01–15.1Aeronautical mobile communications
17.9–18.03Aeronautical mobile communications
21.87–21.924Aeronautical fixed communications
21.924–22Aeronautical mobile communications
23.2–23.35Aeronautical fixed and mobile communications
74.8–75.2Radio navigation (marker beacon)
108–118Radio navigation (ILS localizer, VOR)
118–137Aeronautical communications
328.6–335.4Radio navigation (ILS glidepath)
960–1 215Radio navigation (DME, SSR)
5 000–5 250Radio navigation (MLS)

Part 7 Aviation security

11

A charge, at the standard rate, is payable in respect of the following:

(a)

the assessment of an application for the grant or renewal of, or any amendment to, any approval in respect of—

(i)

any provider of aviation security services:

(ii)

any aerodrome security programme or procedure:

(iii)

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:

(b)

the monitoring of any programme, procedure, or person referred to in paragraph (a).

Part 8 Meteorological service providers

12

A charge, at the standard rate, is payable in respect of the following:

(a)

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:

(b)

the monitoring of the holder of a meteorological certificate issued under rules made under the Act.

Part 9 Miscellaneous

13

A charge, at the standard rate, is payable in respect of the following:

(a)

the certification and clearance, or other processing, of material to be published in the Aeronautical Information Publication:

(b)

the production of, or amendment to, any aviation publication other than the Aeronautical Information Publication New Zealand:

(c)

any investigation carried out for the purpose of assessing an application for an exemption from any rules made under the Act:

(d)

any 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:

(e)

any 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:

(f)

any investigation carried out for the purpose of assessing an application for approval of any written examinations or their equivalents:

(g)

any aeronautical study or safety review conducted for the purposes of rules made under the Act:

(h)

any aeronautical study conducted to determine whether the proposed construction or alteration of a structure, or any other proposed activity, could constitute a hazard in navigable airspace.

(i)

any inspections or monitoring carried out under section 15 of the Act for which a specific charge is not otherwise prescribed:

(j)

any assessment of an application in respect of the grant or renewal of, or any amendment to, any approval, or any monitoring, for any purpose under the Act or any rules made under the Act, that is carried out by any employee of the Authority and for which a fee or charge is not otherwise prescribed or fixed.

Marie Shroff,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 August 1991.

Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012

(SR 2012/305)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 1st day of October 2012

Present:
His Excellency the Governor-General in Council

Pursuant to sections 38 and 100 of the Civil Aviation Act 1990, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

2 Commencement

These regulations come into force on 1 November 2012.

22 Transitional fee for maintenance of Register

(1)

Despite clauses 3 and 4 of the Schedule, a transitional fee of $78 for the maintenance of the Register is payable for every aircraft that was registered on 1 July 2012 and which remains registered on 1 November 2012.

(2)

The transitional fee is payable—

(a)

in respect of the financial year ending on 30 June 2013; and

(b)

on or before 30 November 2012.

(3)

Any payment of the annual fee for maintenance of the Register for an aircraft in respect of the financial year ending on 30 June 2013 that was made before 1 November 2012 must be credited towards the transitional fee.

Michael Webster,
for Clerk of the Executive Council.

Date of notification in Gazette: 4 October 2012.

Reprints notes
1 General

This is a reprint of the Civil Aviation Charges Regulations (No 2) 1991 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2016 (LI 2016/26)

Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2014 (LI 2014/25)

Airports (Cost Recovery for Processing of International Travellers) Act 2014 (2014 No 3): section 21(2)

Civil Aviation Charges Regulations (No 2) 1991 Amendment Regulations 2012 (SR 2012/305)

Civil Aviation Charges Amendment Regulations 2009 (SR 2009/132)

Civil Aviation Charges Regulations (No 2) Amendment Regulations (No 2) 2008 (SR 2008/322)

Civil Aviation Charges Amendment Regulations 2008 (SR 2008/99)

Civil Aviation Charges Amendment Regulations 2006 (SR 2006/63)

Civil Aviation Charges Amendment Regulations 2002 (SR 2002/43)

Civil Aviation Charges Amendment Regulations 1997 (SR 1997/106)

Civil Aviation Charges Regulations (No 2) 1991, Amendment No 3 (SR 1995/115)

Civil Aviation Charges Regulations (No 2) 1991, Amendment No 2 (SR 1994/194)

Civil Aviation Charges Regulations (No 2) 1991, Amendment No 1 (SR 1992/221)