Civil Aviation (Safety) Levies Order 2002

Reprint
as at 1 November 2012

Coat of Arms of New Zealand

Civil Aviation (Safety) Levies Order 2002

(SR 2002/84)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 25th day of March 2002

Present:
Her Excellency the Governor-General in Council


Note

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

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

This order is administered by the Ministry of Transport.


Pursuant to section 42A of the Civil Aviation Act 1990, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Civil Aviation (Safety) Levies Order 2002.

2 Commencement
  • This order comes into force on 1 May 2002.

    Civil Aviation (Safety) Levies Order 2002: confirmed, on 19 December 2002, by section 5 of the Subordinate Legislation (Confirmation and Validation) Act 2002 (2002 No 52).

3 Interpretation
  • (1) In this order, unless the context otherwise requires,—

    aerodrome operator means a holder of an aerodrome operating certificate for an aerodrome from which international civil air passengers depart

    Authority means the Civil Aviation Authority of New Zealand established under section 72A of the Act

    aviation operator means a person who holds a valid certificate of registration issued under section 9(1) of the Act for an aircraft

    departing international passenger levy means the levy imposed by clause 9

    Director means the person who is for the time being the Director of Civil Aviation under section 72I of the Act

    domestic air passenger operator means an operator who—

    • (a) is—

      • (i) a holder of an airline air operator certificate issued in accordance with Part 119 who may conduct domestic passenger operations in accordance with Part 121 or Part 125; or

      • (ii) a foreign air operator who is—

        • (A) approved by the Director to conduct domestic passenger operations within New Zealand; and

        • (B) conducting operations of the kind specified in subparagraph (i); or

      • (iii) a holder of a foreign air operator certificate issued in accordance with Part 129 who may conduct passenger operations on any domestic sector; and

    • (b) conducts or intends to conduct a regular air transport passenger service; and

    • (c) either—

      • (i) has carried more than 20 000 passengers in the previous 12 months; or

      • (ii) if the operator is a new operator, intends to carry more than 20 000 passengers in the next 12 months

    domestic passenger levy means the levy imposed by clause 5 or 5A

    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)

    international operator means a person who—

    • (a) is the holder of an aviation document issued under the Act; and

    • (b) operates an aircraft in respect of journeys—

      • (i) beginning in New Zealand and ending outside New Zealand; or

      • (ii) beginning outside New Zealand and ending in New Zealand; or

      • (iii) beginning and ending outside New Zealand with an intermediate stop in New Zealand; or

      • (iv) beginning and ending in New Zealand with an intermediate stop outside New Zealand

    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

    participation levy means the levy imposed by clause 10

    regular air transport passenger service means a service offered by an operator consisting of 4 or more air transport operations for the carriage of passengers between 2 or more aerodromes within any consecutive 28-day period.

    (2) In this order,—

    • (a) a reference to a numbered Part is a reference to the Part so numbered in the Civil Aviation Rules; and

    • (b) a reference to a certificate is a reference to a certificate issued under section 9 of the Act.

    Clause 3(1) domestic passenger levy: amended, on 4 December 2009, by clause 4 of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

    Clause 3(1) international operator: replaced, on 1 November 2012, by clause 4(1) of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

    Clause 3(1) maximum certificated take-off weight: inserted, on 1 November 2012, by clause 4(2) of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

4 Application
  • Nothing in this order applies to the carriage of persons in aircraft operated by—

    • (a) the New Zealand Defence Force; or

    • (b) the armed forces of any country other than New Zealand.

5 Domestic air passenger operators must pay domestic passenger levy
  • (1) A domestic air passenger operator must pay to the Authority a levy calculated at the rate of $1.97 per passenger carried by the operator on each domestic sector of a regular air transport passenger service flight.

    (2) Despite subclause (1), if the number of passengers actually carried by an domestic air passenger operator in the immediately preceding 12-month period of operation is smaller than 15 000, then, as at the commencement of the next 12-month period, the operator must be regarded as an aviation operator for the purposes of clause 10 and is liable to pay the participation levy instead of the domestic passenger levy.

    Clause 5(1): amended, on 1 November 2012, by clause 5 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

5A Holder of Australian AOC with ANZA privileges must pay domestic passenger levy
  • (1) Subclause (2) applies to an operator if the operator—

    • (a) holds an Australian AOC with ANZA privileges; and

    • (b) conducts or intends to conduct a regular air transport passenger service under the Australian AOC with ANZA privileges; and

    • (d) either—

      • (i) has carried more than 20 000 passengers in the previous 12 months; or

      • (ii) if the operator is a new operator, intends to carry more than 20 000 passengers in the next 12 months.

    (2) The operator must pay to the Authority a levy calculated at the rate of $1.78 per passenger carried by the operator on each domestic sector of a regular air transport passenger service flight.

    (3) To avoid doubt, an operator who is liable to pay a levy under this clause is not required to pay a levy under clause 5.

    Clause 5A: inserted, on 4 December 2009, by clause 5 of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

    Clause 5A(2): amended, on 1 November 2012, by clause 6 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

6 Counting passengers of certain operators
  • (1) In estimating the total number of passengers an operator intends to carry in any 12-month period, only those passengers who are to be carried on a regular air transport passenger service that is operating in accordance with Part 121 or Part 125 or Part 129 may be counted.

    (2) In calculating the total number of passengers for the purposes of regulation 5(2), 5A(2), or regulation 10(2), only those passengers who are carried on a regular air transport passenger service that is operating in accordance with Part 121 or Part 125 or Part 129 may be counted.

    Clause 6(2): amended, on 4 December 2009, by clause 6 of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

7 Returns and payment arrangements for domestic passenger levy
  • (1) On the first day of each month, a domestic air passenger operator must make a lump sum payment to the Authority of an amount agreed between that domestic air passenger operator and the Authority that reflects the domestic air passenger operator's best estimate of the domestic passenger levy payable for the preceding month.

    (2) On the 20th day of each month, a domestic air passenger operator must—

    • (a) submit precise details to the Authority of—

      • (i) the number of domestic sectors flown; and

      • (ii) the number of passengers carried for which the domestic passenger levy is payable on each domestic sector flown; and

      • (iii) the domestic passenger levy payable by that domestic air passenger operator for the preceding month; and

    • (b) pay the amount (if any) equal to the difference between the domestic passenger levy payable by the domestic air passenger operator for the preceding month and the amount paid by the domestic air passenger operator under subclause (1) for that month.

    (3) If the amount paid by the domestic air passenger operator under subclause (1) for the preceding month exceeds the domestic passenger levy payable by the domestic air passenger operator for that month, the domestic air passenger operator must deduct from the next amount to be paid by the domestic air passenger operator under that subclause the amount that has been overpaid.

    (4) A domestic air passenger operator must maintain, and make available to the Authority on request, records of the regular air transport passenger service flights operated by that domestic air passenger 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 clause 8 for whom the domestic passenger levy is not payable; and

    • (c) the number of passengers for whom the domestic passenger levy is payable.

    (5) In this clause, domestic air passenger operator includes a holder of an Australian AOC with ANZA privileges who is required by clause 5A to pay a levy.

    Clause 7(1): amended, on 4 December 2009, by clause 7(1) of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

    Clause 7(5): added, on 4 December 2009, by clause 7(2) of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

8 Domestic passenger levy not payable for certain passengers
  • For each regular air transport passenger service flight, a domestic passenger levy is not payable for—

    • (a) a member of the crew of that regular air transport passenger service flight:

    • (b) a member of the crew of a regular air transport passenger service flight who is being carried on a regular air transport passenger service flight solely for the purposes of positioning that crew member to carry out his or her duties as an employee of the operator:

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

    • (d) a person who is carried from an aerodrome outside of New Zealand to an aerodrome in New Zealand and who is then carried in the same aircraft with the same flight number to another aerodrome in New Zealand:

    • (e) a person who is carried from an aerodrome in New Zealand to another aerodrome in New Zealand and who is then carried in the same aircraft with the same flight number to an aerodrome outside of New Zealand:

    • (f) a person who is duly authorised by the Director to exercise, in respect of the regular air transport passenger service flight, a function or power of the Director or a flight examination function.

9 International operators must pay departing international passenger levy
  • (1) An international operator must pay to the Authority a levy calculated at the rate of $1.50 for each international civil air passenger departing from New Zealand on an aircraft operated by that operator.

    (2) The levy imposed by subclause (1) is not payable for—

    • (a) a member of the crew of any aircraft departing from New Zealand; or

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

    • (c) a child under the age of 2 years; or

    • (d) a passenger travelling on an aircraft used for the purpose of the New Zealand Defence Force; or

    • (e) a passenger in transit through New Zealand who—

      • (i) does not leave the transit or arrival or departure areas of an aerodrome; or

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

    (3) On the first day of each month, an international operator must make a lump sum payment to the Authority of an amount agreed between that international operator and the Authority that reflects the international operator's best estimate of the departing international passenger levy payable under subclause (1) for the preceding month.

    (4) On the 20th day of each month, an international operator must—

    • (a) submit precise details to the Authority of—

      • (i) the number of international civil air passengers for whom the departing international passenger levy is payable by that international operator for the preceding month; and

      • (ii) the amount of departing international passenger levy that is payable by that international operator for that month; and

    • (b) pay the amount (if any) equal to the difference between the departing international passenger levy payable by the international operator for the preceding month and the amount paid by the international operator under subclause (3) for that month.

    (5) If the amount paid by the international operator under subclause (3) for the preceding month exceeds the departing international passenger levy payable by the international operator for that month, the international operator must deduct from the next amount to be paid by the international operator under that subclause the amount that has been overpaid.

    (6) An international operator must maintain, and make available to the Authority on request, records of international passengers departing from New Zealand that show separately—

    • (a) the number of international passengers departing; and

    • (b) the number of passengers for whom the departing international passenger levy is payable; and

    • (c) the number of passengers in each of the categories specified in subclause (2) for whom the departing international passenger levy is not payable.

    Clause 9 heading: amended, on 1 October 2005, by clause 4(1) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(1): substituted, on 1 October 2005, by clause 4(2) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(1): amended, on 1 November 2012, by clause 7 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

    Clause 9(2)(e)(i): amended, on 1 October 2005, by clause 4(4) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(3): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(4): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(4)(a)(i): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(4)(a)(ii): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(4)(b): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(5): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(6): amended, on 1 October 2005, by clause 4(3) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

    Clause 9(6): amended, on 1 October 2005, by clause 4(5) of the Civil Aviation (Safety) Levies Amendment Order 2005 (SR 2005/157).

10 Aviation operators must pay participation levy
  • (1) An aviation operator must pay an annual participation levy in accordance with the Schedule.

    (1A) Subclause (1) does not apply to an aviation operator who is—

    • (a) a domestic air passenger operator; or

    • (b) the holder of an Australian AOC with ANZA privileges.

    (2) Despite subclause (1), if the number of passengers actually carried by an aviation operator in any 12-month period is larger than 20 000, then, as at the commencement of the next 12-month period, the operator must be regarded as a domestic air passenger operator for the purposes of clause 5 and is liable to pay the domestic passenger levy instead of the participation levy.

    (3) The annual participation levy is payable by an aviation operator in advance on 1 July every year in respect of the financial year beginning on 1 July and ending on 30 June the following year, unless the aviation operator becomes liable to pay an annual participation levy after 1 July in a financial year.

    (4) If an aviation operator becomes liable to pay an annual participation levy after 1 July in a financial year, a pro-rated levy is payable—

    • (a) in respect of the financial year; and

    • (b) within 30 days after the date on which the aviation operator becomes liable to pay an annual participation levy.

    (5) The pro-rated levy must be determined in accordance with the following formula:

     a × b =c  
      12

    where—

    a
    is the annual participation levy
    b
    is the number of whole months between the date on which the aviation operator becomes liable to pay an annual participation levy and the next occurrence of 1 July
    c
    is the amount payable within 30 days after the date on which the aviation operator becomes liable to pay an annual participation levy.

    Clause 10(1): amended, on 4 December 2009, by clause 8(1) of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

    Clause 10(1A): inserted, on 4 December 2009, by clause 8(2) of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

    Clause 10(3): inserted, on 1 November 2012, by clause 8 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

    Clause 10(4): inserted, on 1 November 2012, by clause 8 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

    Clause 10(5): inserted, on 1 November 2012, by clause 8 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

11 Forms
  • The Authority may provide forms to be used for—

    • (a) providing information to the Authority under this order:

    • (b) paying the domestic passenger levy and the participation levy.

12 GST included
  • (1) The rate of the domestic passenger levy specified in clauses 5 and 5A is inclusive of goods and services tax.

    (2) The rate of the departing international passenger levy specified in clause 9(1) is inclusive of goods and services tax.

    (3) The rates of participation levy set out in the Schedule are exclusive of goods and services tax.

    Clause 12(1): amended, on 4 December 2009, by clause 9 of the Civil Aviation (Safety) Levies Amendment Order 2009 (SR 2009/341).

13 Revocation
  • The Civil Aviation (Safety) Levies Order 1995 (SR 1995/114) is revoked.


Schedule
Participation levies

cl 10(1)

  • Schedule: replaced, on 1 November 2012, by clause 9 of the Civil Aviation (Safety) Levies Amendment Order 2012 (SR 2012/306).

Category (MCTOW) Annual levy per aircraft
($)
Heavy (exceeding 100 000 kg) 11,900
Medium heavy (exceeding 13 600 kg but not exceeding 100 000 kg) 2,900
Medium (exceeding 5 700 kg but not exceeding 13 600 kg) 1,200
Medium light (exceeding 2 730 kg but not exceeding 5 700 kg) 480
Light (exceeding 1 000 kg but not exceeding 2 730 kg) 100
Very light (not exceeding 1 000 kg) 70

Marie Shroff,
Clerk of the Executive Council.


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

Date of notification in Gazette: 28 March 2002.


Civil Aviation (Safety) Levies Amendment Order 2012

(SR 2012/306)

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 section 42A of the Civil Aviation Act 1990, His Excellency the Governor-General makes the following order, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister of Transport made—

    • (i) at the request and with the concurrence of the Civil Aviation Authority; and

    • (ii) after being satisfied about the matters specified in subsection (3) of that section.

Order

2 Commencement
  • This order comes into force on 1 November 2012.

3 Principal order
  • This order amends the Civil Aviation (Safety) Levies Order 2002 (the principal order).

10 Transitional provision
  • (1) Despite clause 8, an annual participation levy determined in accordance with this clause is payable by every aviation operator that—

    • (a) was liable to pay an annual participation levy on 1 July 2012; or

    • (b) became liable to pay an annual participation levy after 1 July 2012 and before 1 November 2012.

    (2) The levy is payable—

    • (a) in respect of the financial year ending on 30 June 2013; and

    • (b) on or before 30 November 2012.

    (3) The levy must be determined in accordance with the following formula:

      (a × b) + (c × 8) = d 
     12 12  

    where—

    a
    is the annual participation levy that applied prior to the commencement of this order
    b
    is the number of whole months between the date on which the aviation operator becomes liable to pay an annual participation levy and 31 October 2012
    c
    is the annual participation levy that applies from the commencement of this order
    d
    is the levy payable on or before 30 November 2012.

Michael Webster,
for Clerk of the Executive Council.


Date of notification in Gazette: 4 October 2012.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Civil Aviation (Safety) Levies Order 2002. The reprint incorporates all the amendments to the order as at 1 November 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)