This Act may be cited as the International Air Services Licensing Act, 1947.

In this Act, unless the context otherwise requires,—

This Act shall extend to and be in force in the Cook Islands and Western Samoa.

It shall not be lawful, after the passing of this Act, for any person to carry on in New Zealand any international air service otherwise than pursuant to and in conformity with the terms of the operating permission contained in an international air service licence granted under this Act.

Every person who carries on an international air service contrary to the provisions of this section commits an offence and shall be liable to a fine not exceeding one hundred pounds for every day on which the offence is committed.

If any person carrying on an international air service contrary to the provisions of this section is a corporation, every director and every other person who acts in the management of the service also commits an offence and shall be liable to a fine not exceeding twenty-five pounds for every day on which the service is so carried on.

In any case where an international air service may lawfully be carried on only pursuant to a licence under this Act, every person commits an offence, and is liable to a fine not exceeding one hundred pounds for each such offence, who does any act in any capacity in relation to the service as agent for the person carrying on the service if at the time of his doing that act a licence under this Act is not in force in respect of the service.

The Minister shall be the sole licensing authority to grant international air service licences and to exercise jurisdiction in respect thereof.

For the purpose of better enabling the Minister to discharge his functions, the Minister may from time to time appoint any person or persons to inquire into and report to him upon any matters in relation to any licence or application for a licence.

For the purposes of this section the provisions of the Commissions of Inquiry Act, 1908, shall, as far as they are applicable and with the necessary modifications, apply as if the Minister and any person or persons appointed by him under the last preceding subsection were a Commission of Inquiry appointed under that Act.

Every application for a licence under this Act shall be in a form prescribed by the Air Secretary for the purpose, and shall be lodged with him accompanied by a fee of two pounds.

Every applicant for a licence shall, in support of the application, supply such information and documents as may be required by the Air Secretary.

On receiving an application for a licence the Minister shall give public notice in such manner as he thinks fit of the receipt of the application, specifying in the notice a time, being not less than twenty-one clear days from the date of the notice, within which he will receive written representations relating to the application. The Minister shall not finally consider the application until after the expiry of the time so specified.

In considering any application for an international air service licence under this Act the Minister shall have regard generally to any international conventions, agreements, and arrangements to which the Government of New Zealand is a party and any conventions, agreements, and arrangements between the Government of New Zealand and the Government of any other country or any person whose principal place of business is in any other country, and if the granting of the licence for the proposed air service would be contrary to any such convention, agreement, or arrangement the Minister shall refuse to grant the licence.

If after giving consideration to the matters mentioned in subsection one of this section the Minister proposes to give further consideration to the application, he shall take into account—

The Minister, after giving further consideration to the application, may refuse it, or may grant it wholly or partly, and subject to such conditions as he thinks fit. The licence may be in such form as the Minister thinks fit.

Without prejudice to the generality of subsection one of this section, the Minister, in granting any licence, may prescribe—

The Minister may, before granting any licence, or the renewal of any licence, under this Act, call upon the applicant for the licence or renewal (whether or not at the time of making the application he was actually carrying on the service to which it relates) to furnish to the satisfaction of the Minister proof that his liability in respect of the death of or bodily injury to passengers and in respect of loss of or damage to any goods that might be conveyed by the service is covered by insurance or otherwise to such extent as the Minister deems reasonable, having regard to the nature and extent of the service.

It shall be a condition of every licence (whether inserted therein or not) that the licensee will not abandon or curtail the authorized service without the consent of the Minister.

If any licensee abandons or curtails any service in breach of the last preceding subsection the Minister may, in his discreton, revoke his licence.

The Air Secretary shall keep a register of the licences issued under this Act, and shall note therein from time to time every renewal, transfer, revocation, suspension, or variation of any licence.

The contents of the register may be evidenced in any proceedings by a certificate under the hand of the Air Secretary, and every such certificate shall be prima facie evidence of the matters stated therein.

A certificate under the hand of the Air Secretary that on a date specified in the certificate the name of any person did not appear in the register as the holder of a licence under this Act shall, until the contrary is proved, be sufficient evidence that that person was not the holder of a licence on that date.

Every licence shall take effect or be deemed to have taken effect on such day, whether on or before or after the date thereof, as may be stated therein, and shall, unless sooner revoked, or unless expressed to expire at an earlier date, expire on the completion of two years after the date on which it took effect:

Provided that where application for the renewal of a licence is duly made as hereinafter provided the licence shall, where the application is not disposed of before the date of the expiry of the licence, continue in force until the application is disposed of, unless the Minister otherwise directs.

The Minister during the currency of a licence may, of his own motion or on the application of the licensee, amend or revoke any of the terms or conditions of the licence or add any new terms or conditions which in his opinion are necessary in the public interest.

The Minister shall give to the licensee, and to every other person who in his opinion is likely to be affected, not less than twenty-one clear days’ notice of his intention to exercise any power conferred on him by this section.

Every such amendment or revocation, or addition of new terms or conditions, made pursuant to this section shall be noted in the register of licences.

Every application for a renewal of a licence shall be made in a form prescribed by the Air Secretary for the purpose, and shall be lodged with him, accompanied by a fee of two pounds, not less than one month before the day on which the licence expires.

Subsection two of section six and section seven hereof shall apply to every application for the renewal of a licence as if it were an application for a new licence.

No person shall be entitled as of right to a renewal of a licence, and in considering any application for a renewal the Minister shall have regard to and take into account all that he is directed by section eight hereof to have regard to and take into account in considering an original application for a licence.

The renewal of a licence shall take effect, unless expressed to expire at an earlier date, for a period of two years from the expiry of the licence in renewal of which it is granted, but any such renewal may be granted in advance to take effect as aforesaid.

The Minister may at any time appoint any person or persons to hold a public inquiry as to whether or not any international air service carried on under the authority of a licence under this Act is being carried on in conformity with the terms and conditions of the licence.

Notice in writing of the intention to hold the inquiry shall be given to the licensee and to all other persons who in the opinion of the person or persons appointed to hold the inquiry are interested. The notice shall contain particulars of the day, time, and place fixed for the inquiry and of the matters proposed to be inquired into. The notice to the licensee shall be given not later than twenty-one clear days before the day fixed for the inquiry.

For the purposes of the inquiry the provisions of the Commissions of Inquiry Act, 1908, shall, so far as they are applicable and with the necessary modifications, apply as if the person or persons appointed to hold the inquiry were a Commission of Inquiry appointed under that Act.

If after considering the report of the person or persons holding the inquiry the Minister is satisfied that the licensee is not carrying on the service in conformity with the licence, or that he has disposed of the service to any other person, the Minister may, in his discretion, revoke the licence.

Instead of revoking any licence as aforesaid, the Minister may suspend the licence for such period as he thinks fit, and he may in any case, without any inquiry being held as aforesaid, so suspend any licence if he is satisfied that the licensee has wilfully committed a breach of any of the conditions of the licence.

Notwithstanding anything to the contrary in section sixteen hereof, a licence may be revoked by the Minister, without any inquiry being held as aforesaid,—

Any licence under this Act may, subject to the provisions of this section, be transferred to any person.

Application for the transfer of any licence shall be made in a form prescribed by the Air Secretary for the purpose, and shall be lodged with him accompanied by a fee of two pounds. Subsection two of section six hereof shall apply to every such application.

The Minister shall give to every person who, in his opinion, is likely to be affected not less than twenty-one clear days’ notice of his intention to consider any application for a transfer of a licence.

The Minister, after considering the application and any objections thereto, may grant or refuse the transfer of the licence, but shall not in any case grant the transfer unless he is satisfied that the proposed transferee is financially able to carry on the service and is likely to carry it on satisfactorily.

Proceedings before the Minister under this Act shall not be held bad for want of form.

No appeal shall lie from any decision made by the Minister under or for the purposes of this Act, and, except upon the ground of lack of jurisdiction, no proceeding or decision as aforesaid shall be liable to be challenged, reviewed, quashed, or called in question in any Court.

Every person carrying on an air service pursuant to a licence under this Act shall furnish to the Air Secretary such financial and statistical returns and statements as the Air Secretary may from time to time require by notice in writing addressed to that person.

All proceedings in respect of offences under this Act shall be taken in a summary way on the information of the Air Secretary or a person appointed by the Air Secretary for that purpose, or any constable, and shall be heard before a Magistrate alone.

No person appointed by the Air Secretary under the last preceding subsection shall be called upon to prove that he has been so appointed.

In any proceedings for an offence under this Act—

The provisions of this Act are in addition to, and not in derogation of, the provisions of any other Act relating to the licensing and control of aircraft.

In particular, no aircraft by virtue of its being used in connection with any air service licensed under this Act shall be exempt from the operation of any regulations under the Air Navigation Act, 1931.

The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

The International Air Services Licensing Emergency Regulations 1947 are hereby revoked.

All offices, appointments, licences, registers, applications, renewals, forms, records, transfers, revocations, notices, and generally all acts of authority that originated under the regulations hereby revoked and that are subsisting or in force on the passing of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

All matters and proceedings commenced under the said regulations and pending or in progress on the passing of this Act may be continued, completed, and enforced under this Act.