Civil Aviation Act 1990

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Reprint as at 28 August 2020

Coat of Arms of New Zealand

Civil Aviation Act 1990

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

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.


1Short Title and commencement
3Act to bind the Crown
4Application of Act
5Civil Aviation Authority [Repealed]
6Requirement to register aircraft
7Requirement for aviation document
8Application for aviation document
9Grant or renewal of aviation document
10Criteria for fit and proper person test
11Rights of persons affected by proposed adverse decisions
11BHolder of Australian AOC with ANZA privileges entitled to conduct air operations in New Zealand
11CNew Zealand temporary stop notice
11DContents of New Zealand temporary stop notice
11EDirector to notify CASA about New Zealand temporary stop notice
11FRequirements for AOCs with ANZA privileges
11GGrant of New Zealand AOC with ANZA privileges
11HAction by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
11IChange of country of certification
11JDelegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of Authority
12General requirements for participants in civil aviation system
13Duties of pilot-in-command
13ADuties of pilot-in-command and operator during emergencies
14Objectives of Minister
14AFunctions of Minister
14BSearch and rescue operations
14CMinister may direct agencies with respect to search and rescue operations
15Director may require or carry out safety and security inspections and monitoring
15APower of Director to investigate holder of aviation document
16Director of Civil Aviation Safety [Repealed]
17Power of Director to suspend aviation document or impose conditions
18Power to revoke aviation document or impose conditions
19Criteria for action taken under section 17 or section 18
20Power of Director to amend or revoke aviation document in other cases
21Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions
22Delegation of Minister’s functions or powers to Authority
23Delegation of Authority’s functions or powers to employees of Authority [Repealed]
23ADelegation of Director’s functions or powers to employees of Authority
23BDelegation of Director’s functions or powers to persons outside Authority
23CRestrictions on delegations
24General power of entry
25Powers of entry of Corporation
26Obligation to notify all accidents and incidents
26AObligation to identify pilot-in-command
27Duty of Authority to notify accidents and incidents to Transport Accident Investigation Commission
27BPower of Director to issue medical certificate
27CChanges in medical condition of licence holder
27DMedical examination, report, and disclosure
27EExpiry of medical certificate
27FDesignation of aviation examiners and medical examiners
27GGeneral directions and emergency directives
27HInvestigation of medical condition of licence holder
27IRevocation, suspension, amendment, and surrender of medical certificate
27JAppointment of convener and deputy convener
27KCancellation of appointment as convener or deputy convener
27LReview of decisions regarding medical certificates or applications
27MReferral to convener by agreement
27NDelegation of Director’s powers under this Part to medical practitioners who are employees of Authority
27ODelegation of Director’s power under this Part to medical examiners who are not employees of Authority
27PRight of appeal to District Court
27QTransitional provisions
28Power of Minister to make ordinary rules
29Rules relating to safety and security
29ARules relating to airspace
29BRules for noise abatement purposes
30Rules relating to general matters
31Power of Director to make emergency rules
32Procedures relating to rules
33Matters to be taken into account in making rules
34Procedure for making ordinary rules
34AGovernor-General may make ordinary rules
35Procedure for making emergency rules
36Incorporation by reference
37Exemption power of Director
38Fees and charges
40Payment of fees and charges
41Suspension or revocation of aviation document where prescribed fees or charges unpaid
42Recovery of fees and charges for aviation related services
42AGovernor-General may impose levies
42BBasis on which levies may be imposed
42CLevy orders are confirmable instruments
42DOther provisions relating to levies
43Endangerment caused by holder of aviation document
43AOperating aircraft in careless manner
44Dangerous activity involving aircraft, aeronautical product, or aviation related service
44AFailure to comply with inspection or monitoring request
45Court may disqualify holder of aviation document or impose conditions on holding of document
46Acting without necessary aviation document
46AActing without required medical certificate
46BFraudulent, misleading, or intentionally false statements to obtain medical certificate
46CFailure to disclose information required by Director
46DFailure to provide information to Director relating to Australian AOCs with ANZA privileges
46EFailure to cease conducting air operations in New Zealand
47Additional penalty for offences involving commercial gain
48Applying for aviation document while disqualified
49Communicating false information or failing to disclose information relevant to granting or holding of aviation document
49ACarrying on scheduled international air service without licence or contrary to licence
49BOperating unauthorised non-scheduled international flight or carrying on non-scheduled international flight contrary to licence
50Obstruction of persons duly authorised by Director
50AFailure or refusal to produce or surrender documents
52Failure to maintain accurate records
52AFailure to notify emergency breach of Act or regulations or rules
52BFailure to notify accident or incident
52CFailure to provide identifying information
53Contravention of emergency rule, prohibition, or condition
53AFlight over foreign country without authority or for improper purpose
54Security area and security enhanced area offences
55Personation or obstruction of aviation security officer
56Communicating false information affecting safety
56ASecurity check offences
57Infringement offences
58Infringement notices
59Effect of disqualification
60Commencement of period of disqualification
61Retention and custody of document
62Removal of disqualification
63Particulars of disqualification orders, etc, to be sent to Director
64Appeals against disqualification
65Time for filing charging document
65AABurden of proof of reasonable excuse
65AApplication of this Part
65BLiability for offences against this Part despite extraterritoriality
65CLiability for offences under Summary Offences Act 1981 despite extraterritoriality
65DForeign aircraft outside New Zealand
65EProceedings for offences
65FStrict liability for acts endangering safety
65GDisruptive conduct towards crew member
65HInterference with aircraft
65IIntoxicated persons on aircraft
65JNon-compliance with commands given by pilot-in-command
65KOffensive behaviour or words
65LPortable electronic devices not to be operated
65MNon-compliance with seating and seatbelt instructions
65NNo smoking
65ODangerous goods
65PProcedure for certain unruly passenger offences
65QForm of infringement notice
65RPayment of fees
65SFiling of notices
66Appeal to District Court
67Procedure [Repealed]
68Decision of Director to continue in force pending appeal, etc [Repealed]
69Appeal to High Court on question of law
70Further appeal to Court of Appeal
71Evidence and proof
72Evidence of air traffic services provider
72ACivil Aviation Authority of New Zealand established
72AAObjective of Authority
72BFunctions of Authority
72CAuthority to comply with policy directions [Repealed]
72CASurplus of Aviation Security Service funds payable to the Crown
72DAuthority to have powers of natural person [Repealed]
72EAuthority to consider delegating or contracting out of functions and powers
72FRestriction applying to statement of intent
72GService charter
72HUse of words Civil Aviation Authority
72IDirector of Civil Aviation
72JActing Director of Civil Aviation
72KPowers of Director in relation to examinations, etc
72LGeneral Manager of Aviation Security Service
72MActing General Manager of Aviation Security Service
72NUse of words Aviation Security Service
72OReferences to Director to be read as General Manager of Aviation Security Service in certain circumstances
73New Zealand Register of Aircraft
74Civil Aviation Registry
75Information services
76Aviation security
77Responsibility of Minister
77APowers and duties of Minister to require screening, searching, and seizing
77BPowers and duties of Director to require screening, searching, and seizing
77BACertain Gazette notices may not include security sensitive information
77CTransitional provisions for screening
77FPowers and duties of Director relating to security checks
77GReview procedures for security check determinations
77HOffence to carry out activity while authorisation withdrawn or after authorisation revoked
77IOffence to fail to comply with Director’s requirement to withdraw or revoke authorisation
78Aviation Security Service [Repealed]
79Authorised aviation security service providers
79AFurther provisions relating to Aviation Security Service
80Powers, functions, and duties of Aviation Security Service
80APowers and duties of aviation security officer relating to dangerous goods
80BPower of aviation security officers to search for and seize certain items or substances to be carried on aircraft or into sterile areas
80CPowers and duties of aviation security officers relating to security enhanced areas
80DConsent to be screened or searched
80EPersons who refuse to consent to be screened or searched
80FSearches of persons refusing consent to be searched
80GSearches of persons
80HPower to require drivers to stop vehicles in security enhanced areas for screening or searching
80IProtection of aviation security officers
81Functions and duties of other aviation security service providers
82Security designated aerodromes and navigation installations
83Right of access
84Security areas and security enhanced areas
85Powers of arrest and seizure of items or substances
86Arrest of persons delivered to Police
87Powers of Police
87BScheduled international air service not to be carried on except pursuant to licence
87CApplication for licence
87DMinister to be licensing authority for New Zealand international airlines
87ENotice of application
87FConsideration of application for scheduled international air service licence by New Zealand international airline
87GScheduled international air service licence may be granted subject to conditions
87HDuration of scheduled international air service licence
87IRenewal of scheduled international air service licence
87JVariation of terms and conditions of scheduled international air service licence
87KTransfer of scheduled international air service licence
87LSecretary to be licensing authority for foreign international airlines
87MConsideration of application for scheduled international air service licence by foreign international airline
87NScheduled international air service licence may be granted subject to conditions
87ODuration of scheduled international air service licence
87PRenewal of scheduled international air service licence
87QVariation of terms and conditions of scheduled international air service licence
87RMinister may designate countries or territories for open aviation market licences
87SSecretary to be licensing authority for open aviation market licences
87TConsideration of application for open aviation market licence
87UOpen aviation market licence may be granted subject to conditions
87VDuration of open aviation market licence
87WRenewal of open aviation market licence
87XVariation of terms and conditions of open aviation market licence
87YTransfer of open aviation market licence
87ZHolder of open aviation market licence may operate non-scheduled international flights without authorisation under section 87ZE
87ZAInsurance cover against liability
87ZBReturns to be furnished
87ZCSuspension of licences
87ZDRevocation of licences
87ZECommercial non-scheduled international flights not to be operated except as authorised by Secretary
87ZFProvisions of this Part in addition to requirements of regulations and rules
87ZGThis Part not in force in Tokelau
88Authorisation of contracts, arrangements, and understandings relating to international carriage by air
89Minister may issue commission regimes
90Authorisation of tariffs by Minister
91Application of Commerce Act 1986
91BApplication of Guadalajara Convention
91CConventions to have force of law
91DInconsistency between French and English texts
91EFatal accidents
91FContributory negligence
91GLimitation of liability
91HValue of special drawing right
91ITime for bringing proceedings
91JActions against High Contracting Parties
91JAActions against Parties to Montreal Convention
91KDesignation of Parties
91LArticle 40A of amended Convention
91MPower to exclude aircraft in use for military purposes
91NOccurrences before commencement of this Part
91OHigh Contracting Parties not Party to Hague Protocol
91PHigh Contracting Parties not Party to Montreal Protocols
91QHigh Contracting Parties not Party to Protocol No 4
91RHigh Contracting Parties not Party to Protocol No 2
91RAHigh Contracting Party or Party not Party to Montreal Convention
91SCurrency equivalent notices
91VApplication of this Part
91XProvisions if carriage performed by actual carrier
91YProvisions if carriage performed by successive carriers
91ZLiability of carrier in respect of delay
91ZAAvoidance of liability
91ZBContributory negligence
91ZCLimitation of liability
91ZDContracting out
91ZEWilful or reckless misconduct
91ZFServants or agents of carrier
91ZGAggregation of damages
91ZHAggregate liability
91ZIJust and equitable orders and awards
91ZKRelationship between carriers
91ZLLimitation of actions
91ZMCombined carriage
92Definition of joint venture airport
93Powers of Minister in respect of aerodromes and facilities
94Joint ventures
95Retention of Crown money in joint venture airport accounts
96Sale of alcohol at international airports
96AMinister may prohibit smoking on international air routes
96BOffences in respect of smoking on international flights
96CProcedure for offence of smoking on international flight [Repealed]
96DForm of infringement notice [Repealed]
96EPayment of fees [Repealed]
96FFiling of notices [Repealed]
97Nuisance, trespass, and responsibility for damage
98Indemnity in respect of certain messages [Repealed]
99Airways Corporation to be sole provider of certain airways services
99ARegulations relating to information disclosure
99BInformation to be supplied to Secretary
99DAdministration of sections 99A to 99C [Repealed]
100ABurden of proof of exceptions, etc, for offences in rules and regulations
101Repeals, revocation, amendments, and savings
102Transitional provisions
103Effect of Act on Civil Aviation Regulations [Repealed]
105Cape Town Convention and Aircraft Protocol to have force of law
106Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
107Governor-General may issue copies of declarations
108Certificates about Contracting States
109Irrevocable de-registration and export request authorisations
110De-registration requests
111Removal requests
112Director must prescribe and publish forms for de-registration requests
113Director may not exercise certain powers
Reprint notes

An Act—


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


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


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