Civil Aviation Act 2023

If you need more information about this Act, please contact the administering agency: Ministry of Transport
Coat of Arms of New Zealand

Civil Aviation Act 2023

Public Act
2023 No 10
Date of assent
5 April 2023
see section 2


3Main purpose
4Additional purposes
6Meaning of accident
7Meaning of aviation place
8Meaning of officer
9Application of civil aviation legislation
10Transitional, savings, and related provisions
11Act binds the Crown
13General requirements for aviation participants
14Duties of pilot-in-command
15Duties of pilot-in-command in emergencies arising in flight
16Duties of pilot-in-command and operator in emergencies not arising in flight
17Failure to notify emergency breach of civil aviation legislation
18Identification of pilot-in-command
19Failure to provide identifying information
20Civil Aviation Authority of New Zealand continued
21Board of CAA
22Objective of CAA
23Functions of CAA
24Duties of CAA in relation to search and rescue
25CAA to maintain separate accounts in respect of AvSec
26CAA to consider delegating or contracting out of functions and powers
27CAA must adopt and publish regulatory strategy
28Engagement charter
29Use of words Civil Aviation Authority or CAA
30Use of words Aviation Security Service or AvSec
31Director of Civil Aviation
32Functions and powers of Director
33Acting Director of Civil Aviation
34Regulatory functions, duties, and powers of Secretary
35Airways may be sole provider of certain airways services
36New Zealand Register of Aircraft
37Requirement to register aircraft
38Civil Aviation Records
39Information services
40Operating aircraft in careless manner
41Dangerous activity involving aircraft, aeronautical product, or aviation-related service
42Operating aircraft in controlled airspace or restricted area without authorisation
43Communicating false information affecting safety
44Nuisance and trespass
45Responsibility for damage
46Circumstances in which owner entitled to be indemnified for responsibility for damage
47Responsibility for damage by descent by parachute
48Claim against Crown in respect of damage, loss, or injury due to service aircraft
49Duty to notify accidents and incidents to CAA
50Duty of CAA to notify accidents and incidents to TAIC
51Failure to notify accident or incident
52Power of Minister to make rules
53Rules relating to designation, classification, and certification
54Rules relating to standards, specifications, restrictions, and licensing requirements
55Rules relating to aviation documents
56Rules relating to safety and security
57Rules relating to airspace
58Rules for noise abatement purposes
59Rules relating to national security
60Rules relating to other matters
61Procedure for making rules
62Requirements relating to content of rules made by Minister
63Governor-General may make rules
64Provisions concerning rules made by Minister or Governor-General
65Rule prevails over bylaw if bylaw inconsistent or repugnant
66Offences for breaches of rules
67Power of Director to make emergency rules
68Procedures relating to rules made by Director
69Procedure for making emergency rules
70Duration of emergency rule
71Emergency rule prevails if inconsistent with rule made under subpart 1
72Criteria that Minister and Director must have regard to before making rules or emergency rules
73Application for aviation document
74Application requiring national security assessment
75Grant or renewal of aviation document
76Director may take into account foreign qualifications and certifications
77Condition of aviation document that holder, etc, continues to satisfy fit and proper person test
78Duration and conditions of aviation document
79Right of appeal
80Fit and proper person test
81Disclosure of prejudicial information
82Rights of persons affected by proposed adverse decisions
83Determination by Director as to whether to make adverse decision
84Powers of Director in relation to examinations, etc
85Additional purpose of subpart
86Holder of Australian Air Operator’s Certificate with ANZA privileges entitled to conduct air operations in New Zealand
87New Zealand temporary stop notice
88Contents of New Zealand temporary stop notice
89Director to notify CASA about New Zealand temporary stop notice
90Requirements for New Zealand AOCs with ANZA privileges
91Grant of New Zealand AOC with ANZA privileges
92Action by Director when CASA gives Australian temporary stop notice to holder of New Zealand AOC with ANZA privileges
93Change of country of certification
94Delegation of Australian powers relating to Australian AOCs with ANZA privileges to employees of CAA
95Failure to cease conducting air operations in New Zealand
96Director may suspend, or impose conditions on, aviation document
97Further provisions in relation to suspension of, or imposition of conditions on, aviation document
98Director may revoke, or impose permanent conditions on, aviation document
99Considerations relevant to decision about taking action under section 96, 97, or 98
100Obligations of Director in relation to disclosure or non-disclosure of information obtained under section 96, 97, or 98
101Further powers of Director to amend or revoke aviation document
102Suspension or revocation of aviation document if prescribed fees, charges, or levies unpaid
103Endangerment caused by holder of aviation document
104Acting without necessary aviation document
105Court may disqualify person from holding aviation document or impose conditions on aviation document
106Applying for aviation document while disqualified
107Failing to disclose information relevant to granting or holding of aviation document
108Failure to provide information to Director relating to Australian AOCs with ANZA privileges
109Medical certification
110Acting without required medical certificate
111Fraudulent, misleading, or false statements to obtain medical certificate
112Failure to disclose medical information
114DAMP operator must develop DAMP
115Random testing by DAMP operator
116Director testing
117What happens if worker refuses consent or test result is not negative
119Test results only to be used in certain prosecutions
120Security designated aerodromes and navigation installations
121Airside security areas
122Entry into airside security area
123Providing evidence of identity and authority
124Authorised security person may seize evidence of identity
125Landside security areas
126Director may carry out security checks
127Reconsideration of security check determination
128Review procedure for adverse security check determination
129Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017
130Consequences of final adverse security check determination
131Offence to carry out activity while authorisation withdrawn or after authorisation revoked
132Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
134Aviation security service providers
135Responsibility of Minister
136Requirements for provider of aviation security services
137Minister may specify only AvSec to provide security at aerodrome or installation
138Functions and duties of AvSec
139Requirements for AvSec to comply with prescribed requirements for provision of aviation security services
140Person who holds aviation document for aviation security service must designate aviation security officers
141Searching powers of aviation security officers
142Requirements and incidental powers relating to manner of searching persons
143Consent requirements for searching
144Circumstances where consent to searching not required
145Power to require drivers to stop vehicles in security enhanced areas for searching
146Powers of aviation security officer in relation to person who is not searched or refuses consent to searching
147Powers of constable in relation to person who is not searched or refuses consent to searching
148Consequences for passenger of refusal to consent to searching
149Item or substance suspected entering into, or in, sterile area
150Item or substance suspected entering into, or in, landside security area or security enhanced area
151Items or substances suspected that may be imminent risk
152Power of Minister to require searching and seizing
153Further provisions in relation to direction by Minister
154Power of Director to require searching and seizing
155Further provisions in relation to direction by Director
156Right of access for aviation security officers
157Use of aids and devices for searching
158Use of dogs
159Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier
160Relationship of this subpart to Aviation Crimes Act 1972
161Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983
162Arrest of persons delivered to Police
163Powers of Police
164Powers of members of Armed Forces when providing aviation security services
165Protection of aviation security officers
166Refusal to give particulars or to leave airside security area or security enhanced area
167Being present in security area without being searched or when not authorised
168Offence to impersonate aviation security officer
169Offence to obstruct aviation security officer or authorised security person
170Threatening or assaulting aviation security officer or authorised security person
171Obstruction or interference with aviation security dog
172Killing or injuring aviation security dog
173Security check offences
174Interpretation in this Part
175Licensing authority may determine whether service is scheduled international air service
176Licence for scheduled international air service
177Application for licence
178Licensing authority
179Notice of application for restricted scheduled international air service
180Consideration of application for scheduled international air service licence
181Grant of licence
182Duration of licence
183Renewal of licence
184Variation of terms and conditions of licence
185Holder of licence may operate non-scheduled international flights without authorisation under section 189
186Proof of insurance against liability
187Returns to be made
188Suspension and revocation of licences
189Class 1 non-scheduled commercial international flights must be authorised by Secretary
190Additional requirements of regulations and rules
191This subpart not in force in Tokelau
192Carrying on scheduled international air service without licence or contrary to licence
193Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
194Interpretation in this subpart
195When person may apply for authorisation
196Actions following receipt of application for authorisation
197Further provisions relating to application for authorisation
198Powers of Minister to prohibit disclosure of information, documents, and evidence
199Minister may authorise international carriage by air
200Minister must notify proposed decision to grant or decline authorisation
201Minister must notify final decision to grant or decline authorisation
202Further powers of Minister in relation to authorisations
203Authorisation of tariffs by Minister in specified circumstances
204Application of Commerce Act 1986
206Eligible New Zealand operator must provide contact details
207Emissions monitoring plan
208Emissions reports
209Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report
210Calculation of offsetting requirements for eligible New Zealand operator
211Emissions unit cancellation reports
212Verification of reports
213Secretary may request emissions information from New Zealand operator
214Application of sections 207 to 213 subject to regulations about new entrants
215Eligible New Zealand operator may request that information be treated as confidential
216Sharing of information between Secretary and ICAO
217Offences relating to CORSIA
218Interpretation in this Part
219Meaning of substantial customer
220Secretary must maintain register of airport operators and airports
221Applications for registration
222When aerodrome operator may or must be registered
223Area covered by registration may be varied
224Registration may cover 2 or more airports
225Secretary may suspend or cancel registration
226Airport to be operated commercially
227Airport to be Government work
228Acquisition or taking of land for airport
229Holding and disposal of land
230Airport operators may set charges
231Airport operators must consult concerning capital expenditure plans
232Airport operators must consult concerning spatial plans
233Airport operators may vary leases in certain circumstances
234Application of other Acts to airport subdivisions and laying out of access roads
235Airport bylaws
237Publication and proof of bylaws
238Minister may amend, replace, or disallow bylaws
239Enforcement of bylaws
240Joint venture aerodromes
241Giving of regulatory airport spatial undertaking by airport operator
242Consultation and timing requirements
243Decision and notification
244When regulatory airport spatial undertaking is enforceable
245Review by airport operator of regulatory airport spatial undertaking
246Compliance with regulatory airport spatial undertaking
247Secretary may make direction orders
248Secretary must give notice of direction orders
249Secretary may apply to court if airport operator fails to comply with direction order
250Consequences of failing to comply with direction orders
251Exemptions from requirements of subparts 2 and 3
252Sale of alcohol at international airports
253Additional purpose of Part
254Interpretation in this subpart
255Application of Guadalajara Convention
256Conventions to have force of law
257Inconsistency between French and English texts
258Fatal accidents
259Contributory negligence
260Limitation of liability
261Value of special drawing right
262Time for bringing proceedings
263Further provisions in relation to time for bringing proceedings
264Actions against High Contracting Parties
265Actions against Parties to Montreal Convention
266Designation of Parties
267Article 40A of amended Convention
268Power to exclude aircraft in use for military purposes
269Interpretation in this subpart
270Application of this subpart
271Combined carriage
273Provisions if carriage performed by actual carrier
274Liability of carrier in respect of delay
275Provisions if carriage performed by successive carriers
276Avoidance of liability
277Limitation of liability
278Contracting out
279Wilful or reckless misconduct
280Just and equitable orders and awards
281Application of limitation on liability
282Relationship between carriers
283Limitation of actions
284Powers of entry and inspection
285Power to enter homes or marae
286Notice of entry
287Power to take samples and other objects and things
288Power of entry (by consent or under warrant) where Director suspects contravention of relevant civil aviation legislation
289Continuation of powers of entry and inspection without search warrants
290Limitation relating to powers under sections 284 and 288
291Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring
292Power to require name, address, and date of birth
293Duty to assist inspectors
294Immunity of inspectors and persons assisting inspectors or Director
295Offence to fail to provide inspector with correct name, residential address, and date of birth
296Offence to impersonate inspector
297Failure to comply with inspection or monitoring requirement
298Power to issue improvement notices
299Content of improvement notices
300Compliance with improvement notice
301Extension of time for compliance with improvement notices
302Power to issue non-disturbance notice
303Content of non-disturbance notice
304Compliance with non-disturbance notice
305Issue of subsequent non-disturbance notices
306General provisions relating to improvement notices and non-disturbance notices
307Changes to improvement notice or non-disturbance notice by inspector
308Director may vary or cancel improvement notice or non-disturbance notice
309Formal irregularities or defects in improvement notice or non-disturbance notice
310Issue of improvement notice or non-disturbance notice
311Display of notice at aviation place by person issued with improvement notice or non-disturbance notice
312Inspector may display improvement notice or non-disturbance notice
313Director or specified person may obtain search warrant to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products
314Director’s power to detain aircraft, seize aeronautical products, and impose prohibitions and conditions in relation to aerodromes, aircraft, and aeronautical products where prompt action necessary
315Obligations of Director if action taken under section 313 or 314
316Power to seize, detain, or destroy aircraft without person on board
317Power to enter homes or marae
318Provision relating to seizure or detention of aircraft in operation without a person on board
319Requirement to give reasons for action under section 316
320Provisions relating to seizure or detention of aircraft under section 316
321Immunities in relation to exercise of power under section 316
322Director may grant exemptions from compliance with regulations and rules
323General provisions relating to exemptions
324Director may accept enforceable undertakings
325Notice of decision and reasons for decision
326When enforceable undertaking is enforceable
327Compliance with enforceable undertaking
328Contravention of enforceable undertaking
329Withdrawal or variation of enforceable undertaking
330Proceedings for alleged contravention
331Appointment of inspectors
332Appointment of response officers
333Identity cards
334Suspension and ending of appointment of inspectors
335Inspectors subject to Director’s directions
336Director has powers of inspector and response officer
337Meaning of equipment for purposes of section 338
338Powers of entry of Airways
339Interpretation in this subpart
340Restriction on admissibility of accident and incident notifications
341When Director may take law enforcement action
343Admissibility of flight data recording against flight crew in criminal proceedings
344This subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990
345Effect of disqualification by court
346Commencement of period of disqualification
347Retention and custody of document
348Removal of disqualification
349Particulars of disqualification orders, etc, to be sent to Director
350Appeals against disqualification by court
351Court may grant injunctions
352When court may grant restraining injunctions
353When court may grant performance injunctions
354Undertaking as to damages not required by Director or Secretary
355Powers of Minister to intervene on grounds of national security
356Giving of notice and related matters
357Review procedure in relation to notice under section 355
358Effect of disqualification by Minister
359Commencement of period of disqualification by Minister
360Retention and custody of document following disqualification by Minister
361Offences relating to breach of notice given by Minister on national security grounds
362Communicating false or misleading information
363Obstruction of inspector or other person authorised by Director or Secretary
365Failure to maintain accurate records
366Breach of emergency rule, prohibition, or condition
367Flight over foreign country without authority or for improper purpose
368Additional penalty for offences involving commercial gain
370Application of this subpart to offences for breach of airport bylaws
371Infringement offences
372Who may issue infringement notices
373When infringement notice may be issued
374Revocation of infringement notice before payment made
375What infringement notice must contain
376How infringement notice may be served
377Payment of infringement fees
378Reminder notices
379Limitation period for prosecutions brought by Director
380Extension of time if Director needs longer to decide whether to bring prosecution
381Burden of proof of exceptions, etc, for offences
382Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft
383Evidence and proof in offence-related proceedings: other matters
384Evidence and proof of rule in any proceedings
385State of mind of employees and agents attributed
386Conduct of employees and agents attributed
387Interpretation in this subpart
388Application of this subpart
389Exercise of powers under this subpart
390Liability for offences against this subpart despite extraterritoriality
391Liability for offences under Summary Offences Act 1981 despite extraterritoriality
392Liability for offence on foreign aircraft outside New Zealand
393Proceedings for offences
394Passenger endangering safety
395Disruptive conduct towards crew member
396Interference with aircraft
397Intoxicated person on aircraft
398Non-compliance with commands given by pilot-in-command
399Offensive behaviour or words
400Portable electronic devices must not be operated
401Non-compliance with seating and safety belt instructions
402No smoking
403Dangerous goods
404Requirements relating to information and verification
405Consequences for failure to comply with requirements
406Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence
408Provisions relating to regulations generally
409Regulations relating to carbon offsetting and reduction scheme for international aviation
410Regulations relating to information disclosure by aviation participants
411Regulations requiring information disclosure by specified aviation participants
412Information to be supplied by aviation participants to Secretary
413Offences in relation to information disclosure
414Regulations for international carriage by air
415Regulations relating to fees and charges
416Rebate of fees or charges
417Payment of fees and charges
418Governor-General may impose levies
419Basis on which levies may be imposed
420Other provisions relating to levies
421Director may audit levy returns
422Offences in relation to levy orders
423Recovery of fees, charges, and levies
424Recovery of fee, charge, or levy as debt due to Crown
425Processing application or providing service may be declined if fee, charge, or levy unpaid
426Regulations to control sale of alcohol at international airports
427Regulations providing for transitional matters
428Incorporation by reference in secondary legislation
429Airworthiness directives
430Regulations or rules may provide for transport instruments
431Specified person may make transport instruments
432Procedures relating to transport instruments
433Interpretation in this Part
434Cape Town Convention and Aircraft Protocol to have force of law
435Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
436Governor-General may issue copies of declarations
437Certificates about Contracting States
438Irrevocable deregistration and export request authorisations
439Deregistration requests
440Removal requests
441Director must prescribe and publish forms for requests
442Director must not exercise certain powers
444Relationship between review and appeal under section 453
445Decision under review
446Application for review
447Review procedure
448Final decision
449Appointment of reviewer
450Office of reviewer
451Cancellation of appointment or resignation
452Reviewer’s protection from liability
453Appeal to District Court
454Consequences of appeal to District Court
455Further action of Director after appeal determined
456Appeal to High Court on question of law
457Further appeal to Court of Appeal
458Delegation of certain functions of Minister to CAA
459Further provisions regarding delegation of Minister’s functions or powers to CAA
460Delegation of Director’s functions or powers to employees of CAA
461Further provisions regarding delegation of Director’s functions or powers to employees of CAA
462Delegation of Director’s functions or powers to persons outside CAA
463Further provisions regarding delegation of Director’s functions or powers to persons outside CAA
464Restrictions on delegations in relation to AvSec
465Disclosure or publication of information
466Sharing of information between CAA, designated agencies, and overseas agencies
467Principal Act
468New section 2AB inserted (Transitional, savings, and related provisions)
2ABTransitional, savings, and related provisions
469Section 3 amended (Airport authorities may establish and carry on airports)
470Section 9 amended (Bylaws)
471Section 10 amended (Repeals and savings)
472New Schedule 1 inserted
473Schedule amended
474Principal Act
475Section 2 amended (Interpretation)
476Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)
477Principal Act
478New sections 199 and 199A inserted
199Search and rescue operations
199AMinister may direct agencies with respect to search and rescue operations
479Section 431 amended (Functions of Authority)
480Principal Act
481Section 14A amended (Interpretation)
482Principal Act
483Section 2 amended (Interpretation)
484Principal regulations
485Schedule 3 amended
486Consequential amendments
487Repeal of Civil Aviation Act 1990
488Repeal of Airport Authorities Act 1966
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: