Civil Aviation Act 1990

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Reprint as at 28 August 2020

Civil Aviation Act 1990

Public Act		1990 No 98
Date of assent		8 August 1990
Commencement		see section 1(2)

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.

This Act is administered by the Ministry of Transport.

	Title
1	Short Title and commencement
2	Interpretation
3	Act to bind the Crown
4	Application of Act
5	Civil Aviation Authority [Repealed]
	Part 1 Entry into the civil aviation system
6	Requirement to register aircraft
7	Requirement for aviation document
8	Application for aviation document
9	Grant or renewal of aviation document
10	Criteria for fit and proper person test
11	Rights of persons affected by proposed adverse decisions
	Part 1A ANZA mutual recognition
	Preliminary provisions
11A	Purpose
	Australian AOCs with ANZA privileges
11B	Holder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
11C	New Zealand temporary stop notice
11D	Contents of New Zealand temporary stop notice
11E	Director to notify CASA about New Zealand temporary stop notice
	AOCs with ANZA privileges
11F	Requirements for AOCs with ANZA privileges
11G	Grant of New Zealand AOC with ANZA privileges
11H	Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
11I	Change of country of certification
11J	Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority
	Part 2 Functions, powers, and duties of participants in the civil aviation system
12	General requirements for participants in civil aviation system
13	Duties of pilot-in-command
13A	Duties of pilot-in-command and operator during emergencies
14	Objectives of Minister
14A	Functions of Minister
14B	Search and rescue operations
14C	Minister may direct agencies with respect to search and rescue operations
15	Director may require or carry out safety and security inspections and monitoring
15A	Power of Director to investigate holder of aviation document
16	Director of Civil Aviation Safety [Repealed]
17	Power of Director to suspend aviation document or impose conditions
18	Power to revoke aviation document or impose conditions
19	Criteria for action taken under section 17 or section 18
20	Power of Director to amend or revoke aviation document in other cases
21	Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
22	Delegation of Minister’s functions or powers to Authority
23	Delegation of Authority’s functions or powers to employees of Authority [Repealed]
23A	Delegation of Director’s functions or powers to employees of Authority
23B	Delegation of Director’s functions or powers to persons outside Authority
23C	Restrictions on delegations
24	General power of entry
25	Powers of entry of Corporation
26	Obligation to notify all accidents and incidents
26A	Obligation to identify pilot-in-command
27	Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission
	Part 2A Medical certification
27A	Interpretation
27B	Power of Director to issue medical certificate
27C	Changes in medical condition of licence holder
27D	Medical examination, report, and disclosure
27E	Expiry of medical certificate
27F	Designation of aviation examiners and medical examiners
27G	General directions and emergency directives
27H	Investigation of medical condition of licence holder
27I	Revocation, suspension, amendment, and surrender of medical certificate
27J	Appointment of convener and deputy convener
27K	Cancellation of appointment as convener or deputy convener
27L	Review of decisions regarding medical certificates or applications
27M	Referral to convener by agreement
27N	Delegation of Director’s powers under this Part to medical practitioners who are employees of Authority
27O	Delegation of Director’s power under this Part to medical examiners who are not employees of Authority
27P	Right of appeal to District Court
27Q	Transitional provisions
27R	Savings
	Part 3 Rules
28	Power of Minister to make ordinary rules
29	Rules relating to safety and security
29A	Rules relating to airspace
29B	Rules for noise abatement purposes
30	Rules relating to general matters
31	Power of Director to make emergency rules
32	Procedures relating to rules
33	Matters to be taken into account in making rules
34	Procedure for making ordinary rules
34A	Governor-General may make ordinary rules
35	Procedure for making emergency rules
36	Incorporation by reference
37	Exemption power of Director
	Part 4 Fees and charges
38	Fees and charges
39	Rebates
40	Payment of fees and charges
41	Suspension or revocation of aviation document where prescribed fees or charges unpaid
42	Recovery of fees and charges for aviation related services
	Levies
42A	Governor-General may impose levies
42B	Basis on which levies may be imposed
42C	Levy orders are confirmable instruments
42D	Other provisions relating to levies
	Part 5 Offences and penalties
	Safety offences
43	Endangerment caused by holder of aviation document
43A	Operating aircraft in careless manner
44	Dangerous activity involving aircraft, aeronautical product, or aviation related service
44A	Failure to comply with inspection or monitoring request
45	Court may disqualify holder of aviation document or impose conditions on holding of document
46	Acting without necessary aviation document
46A	Acting without required medical certificate
46B	Fraudulent, misleading, or intentionally false statements to obtain medical certificate
46C	Failure to disclose information required by Director
46D	Failure to provide information to Director relating to Australian AOCs with ANZA privileges
46E	Failure to cease conducting air operations in New Zealand
47	Additional penalty for offences involving commercial gain
	General offences
48	Applying for aviation document while disqualified
49	Communicating false information or failing to disclose information relevant to granting or holding of aviation document
49A	Carrying on scheduled international air service without licence or contrary to licence
49B	Operating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
50	Obstruction of persons duly authorised by Director
50A	Failure or refusal to produce or surrender documents
51	Trespass
52	Failure to maintain accurate records
52A	Failure to notify emergency breach of Act or regulations or rules
52B	Failure to notify accident or incident
52C	Failure to provide identifying information
53	Contravention of emergency rule, prohibition, or condition
53A	Flight over foreign country without authority or for improper purpose
	Security offences
54	Security area and security enhanced area offences
55	Personation or obstruction of aviation security officer
56	Communicating false information affecting safety
56A	Security check offences
	Infringement offences
57	Infringement offences
58	Infringement notices
	Disqualification
59	Effect of disqualification
60	Commencement of period of disqualification
61	Retention and custody of document
62	Removal of disqualification
63	Particulars of disqualification orders, etc, to be sent to Director
64	Appeals against disqualification
	Charging documents and burden of proof
65	Time for filing charging document
65AA	Burden of proof of reasonable excuse
	Part 5A Unruly passenger offences
	Preliminary provisions
65A	Application of this Part
65B	Liability for offences against this Part despite extraterritoriality
65C	Liability for offences under Summary Offences Act 1981 despite extraterritoriality
65D	Foreign aircraft outside New Zealand
65E	Proceedings for offences
	Unruly passenger offences
65F	Strict liability for acts endangering safety
65G	Disruptive conduct towards crew member
65H	Interference with aircraft
65I	Intoxicated persons on aircraft
65J	Non-compliance with commands given by pilot-in-command
65K	Offensive behaviour or words
65L	Portable electronic devices not to be operated
65M	Non-compliance with seating and seatbelt instructions
65N	No smoking
65O	Dangerous goods
65P	Procedure for certain unruly passenger offences
65Q	Form of infringement notice
65R	Payment of fees
65S	Filing of notices
65T	Savings
	Part 6 Rights of appeal
66	Appeal to District Court
67	Procedure [Repealed]
68	Decision of Director to continue in force pending appeal, etc [Repealed]
69	Appeal to High Court on question of law
70	Further appeal to Court of Appeal
71	Evidence and proof
72	Evidence of air traffic services provider
	Part 6A Civil Aviation Authority of New Zealand
72A	Civil Aviation Authority of New Zealand established
72AA	Objective of Authority
72B	Functions of Authority
72C	Authority to comply with policy directions [Repealed]
72CA	Surplus of Aviation Security Service funds payable to the Crown
72D	Authority to have powers of natural person [Repealed]
72E	Authority to consider delegating or contracting out of functions and powers
72F	Restriction applying to statement of intent
72G	Service charter
72H	Use of words Civil Aviation Authority
72I	Director of Civil Aviation
72J	Acting Director of Civil Aviation
72K	Powers of Director in relation to examinations, etc
72L	General Manager of Aviation Security Service
72M	Acting General Manager of Aviation Security Service
72N	Use of words Aviation Security Service
72O	References to Director to be read as General Manager of Aviation Security Service in certain circumstances
	Part 7 Registries and information services
73	New Zealand Register of Aircraft
74	Civil Aviation Registry
75	Information services
	Part 8 Aviation security
76	Aviation security
77	Responsibility of Minister
77A	Powers and duties of Minister to require screening, searching, and seizing
77B	Powers and duties of Director to require screening, searching, and seizing
77BA	Certain Gazette notices may not include security sensitive information
77C	Transitional provisions for screening
77F	Powers and duties of Director relating to security checks
77G	Review procedures for security check determinations
77H	Offence to carry out activity while authorisation withdrawn or after authorisation revoked
77I	Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
78	Aviation Security Service [Repealed]
79	Authorised aviation security service providers
79A	Further provisions relating to Aviation Security Service
80	Powers, functions, and duties of Aviation Security Service
80A	Powers and duties of aviation security officer relating to dangerous goods
80B	Power of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
80C	Powers and duties of aviation security officers relating to security enhanced areas
80D	Consent to be screened or searched
80E	Persons who refuse to consent to be screened or searched
80F	Searches of persons refusing consent to be searched
80G	Searches of persons
80H	Power to require drivers to stop vehicles in security enhanced areas for screening or searching
80I	Protection of aviation security officers
81	Functions and duties of other aviation security service providers
82	Security designated aerodromes and navigation installations
83	Right of access
84	Security areas and security enhanced areas
85	Powers of arrest and seizure of items or substances
86	Arrest of persons delivered to Police
87	Powers of Police
	Part 8A International air services licensing
87A	Interpretation
87B	Scheduled international air service not to be carried on except pursuant to licence
87C	Application for licence
	Scheduled international air service licences for New Zealand international airlines
87D	Minister to be licensing authority for New Zealand international airlines
87E	Notice of application
87F	Consideration of application for scheduled international air service licence by New Zealand international airline
87G	Scheduled international air service licence may be granted subject to conditions
87H	Duration of scheduled international air service licence
87I	Renewal of scheduled international air service licence
87J	Variation of terms and conditions of scheduled international air service licence
87K	Transfer of scheduled international air service licence
	Scheduled international air service licences for foreign international airlines
87L	Secretary to be licensing authority for foreign international airlines
87M	Consideration of application for scheduled international air service licence by foreign international airline
87N	Scheduled international air service licence may be granted subject to conditions
87O	Duration of scheduled international air service licence
87P	Renewal of scheduled international air service licence
87Q	Variation of terms and conditions of scheduled international air service licence
	Open aviation market licences
87R	Minister may designate countries or territories for open aviation market licences
87S	Secretary to be licensing authority for open aviation market licences
87T	Consideration of application for open aviation market licence
87U	Open aviation market licence may be granted subject to conditions
87V	Duration of open aviation market licence
87W	Renewal of open aviation market licence
87X	Variation of terms and conditions of open aviation market licence
87Y	Transfer of open aviation market licence
87Z	Holder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE
	Requirements on licensees
87ZA	Insurance cover against liability
87ZB	Returns to be furnished
	Suspension and revocation of licences
87ZC	Suspension of licences
87ZD	Revocation of licences
	Non-scheduled international flights
87ZE	Commercial non-scheduled international flights not to be operated except as authorised by Secretary
	Miscellaneous provisions
87ZF	Provisions of this Part in addition to requirements of regulations and rules
87ZG	This Part not in force in Tokelau
	Part 9 International air carriage competition
88	Authorisation of contracts, arrangements, and understandings relating to international carriage by air
89	Minister may issue commission regimes
90	Authorisation of tariffs by Minister
91	Application of Commerce Act 1986
	Part 9A International carriage by air
91A	Interpretation
91B	Application of Guadalajara Convention
91C	Conventions to have force of law
91D	Inconsistency between French and English texts
91E	Fatal accidents
91F	Contributory negligence
91G	Limitation of liability
91H	Value of special drawing right
91I	Time for bringing proceedings
91J	Actions against High Contracting Parties
91JA	Actions against Parties to Montreal Convention
91K	Designation of Parties
91L	Article 40A of amended Convention
91M	Power to exclude aircraft in use for military purposes
	Transitional provisions
91N	Occurrences before commencement of this Part
91O	High Contracting Parties not Party to Hague Protocol
91P	High Contracting Parties not Party to Montreal Protocols
91Q	High Contracting Parties not Party to Protocol No 4
91R	High Contracting Parties not Party to Protocol No 2
91RA	High Contracting Party or Party not Party to Montreal Convention
91S	Currency equivalent notices
91T	Regulations
	Part 9B Domestic carriage by air
91U	Interpretation
91V	Application of this Part
91W	Exclusions
91X	Provisions if carriage performed by actual carrier
91Y	Provisions if carriage performed by successive carriers
91Z	Liability of carrier in respect of delay
91ZA	Avoidance of liability
91ZB	Contributory negligence
91ZC	Limitation of liability
91ZD	Contracting out
91ZE	Wilful or reckless misconduct
91ZF	Servants or agents of carrier
91ZG	Aggregation of damages
91ZH	Aggregate liability
91ZI	Just and equitable orders and awards
91ZJ	Tortfeasors
91ZK	Relationship between carriers
91ZL	Limitation of actions
91ZM	Combined carriage
	Part 10 Aerodromes, facilities, and joint venture airports
92	Definition of joint venture airport
93	Powers of Minister in respect of aerodromes and facilities
94	Joint ventures
95	Retention of Crown money in joint venture airport accounts
	Part 11 Miscellaneous provisions
96	Sale of alcohol at international airports
96A	Minister may prohibit smoking on international air routes
96B	Offences in respect of smoking on international flights
96C	Procedure for offence of smoking on international flight [Repealed]
96D	Form of infringement notice [Repealed]
96E	Payment of fees [Repealed]
96F	Filing of notices [Repealed]
97	Nuisance, trespass, and responsibility for damage
98	Indemnity in respect of certain messages [Repealed]
99	Airways Corporation to be sole provider of certain airways services
99A	Regulations relating to information disclosure
99B	Information to be supplied to Secretary
99C	Offences
99D	Administration of sections 99A to 99C [Repealed]
100	Regulations
100A	Burden of proof of exceptions, etc, for offences in rules and regulations
101	Repeals, revocation, amendments, and savings
102	Transitional provisions
103	Effect of Act on Civil Aviation Regulations [Repealed]
	Part 12 Cape Town Convention and Aircraft Protocol
104	Interpretation
105	Cape Town Convention and Aircraft Protocol to have force of law
106	Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
107	Governor-General may issue copies of declarations
108	Certificates about Contracting States
109	Irrevocable de-registration and export request authorisations
110	De-registration requests
111	Removal requests
112	Director must prescribe and publish forms for de-registration requests
113	Director may not exercise certain powers
	Schedule 1 Enactments repealed
	Schedule 2 Enactments amended
	Schedule 3 Provisions relating to Civil Aviation Authority of New Zealand
	Schedule 4 The Warsaw Convention as amended by the Hague Protocol of 1955 and the Montreal Additional Protocols Nos 1 and 2 and Protocol No 4 of 1975
	Schedule 5 The Guadalajara Convention
	Schedule 6 The Montreal Convention
	Schedule 7 Convention on International Interests in Mobile Equipment
	Schedule 8 Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment
	Civil Aviation (Cape Town Convention and Other Matters) Amendment Act 2010
	Reprint notes

An Act—

(a)

to establish rules of operation and divisions of responsibility within the New Zealand civil aviation system in order to promote aviation safety; and

(b)

to ensure that New Zealand’s obligations under international aviation agreements are implemented; and

(c)

to consolidate and amend the law relating to civil aviation in New Zealand

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Civil Aviation Act 1990

Civil Aviation Act 1990

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Contents

(a)

(b)

(c)