Subpart 1—International air services licensing
174 Interpretation in this Part
In this Part, unless the context otherwise requires,—
capacity, in relation to a scheduled international air service, means the service provided on a route or routes with reference to 1 or more of the following:
(d)
volume or weight of cargo:
(e)
any other differential basis
class 1 non-scheduled commercial international flight means a non-scheduled commercial international flight (or a series of flights) where the flight routing or frequency requires or would require the operator to hold a certificate under the rules
class 2 non-scheduled commercial international flight means a non-scheduled commercial international flight (or a series of flights) where the flight routing or frequency does not require or would not require the operator to hold a certificate under the rules
foreign international airline means an air transport enterprise of a country or territory other than New Zealand that—
(a)
is offering or operating a scheduled international air service; or
(b)
intends to offer or operate a scheduled international air service
licensee means the holder for the time being of a licence issued under this Part
licensing authority, in relation to scheduled international air service licences, means the Minister or the Secretary, as determined under section 178
New Zealand international airline means an air transport enterprise that—
(a)
is designated, or seeking to be designated, as an airline that is entitled to offer air transport services as a New Zealand airline under an air services agreement (or similar arrangement) between New Zealand and any other country or territory; or
(b)
has its principal place of business in New Zealand and is operating, or seeking to operate, a scheduled international air service under the single aviation market arrangements set out in the air services agreement in force between New Zealand and Australia
non-scheduled commercial international flight means a flight (or a series of flights) that—
(a)
is offered otherwise than under an international air services licence; and
(b)
is engaged in the carriage of passengers, cargo, or mail for remuneration or hire between New Zealand and 1 or more points in any other country or territory
restricted scheduled international air service means a scheduled international air service that is subject to any restriction in relation to capacity or route of flights that is stipulated in an air services agreement (or similar arrangement) between New Zealand and any other country or territory
scheduled international air service,—
(a)
if a particular series of flights has been determined under section 175 to be a scheduled international air service, includes that series of flights; and
(b)
in relation to a New Zealand international airline, includes a seventh freedom service
seventh freedom service means a series of flights between 1 or more points in 1 country or territory other than New Zealand and 1 or more points in another country or territory other than New Zealand, if—
(a)
the airline is designated by New Zealand as a seventh freedom service under the air services agreement (or similar arrangement) between New Zealand and each country or territory in which the service is being performed; and
(b)
the service is performed according to the traffic rights allocated to the airline under those agreements (or arrangements); and
(c)
the service is a scheduled service.
Compare: 1990 No 98 s 87A
Licensing authority may determine that service is scheduled international air service
175 Licensing authority may determine whether service is scheduled international air service
(1)
The licensing authority may determine in a particular case that a series of flights performed by aircraft between New Zealand and 1 or more points in any other country or territory is a scheduled international air service.
(2)
In making a determination, the licensing authority may take into account—
(a)
the substantive nature of the flights; and
(b)
the manner in which the flights are operated, including the regularity and frequency of the flights; and
(c)
the manner in which the flights are open to use by members of the public.
(3)
In this section, licensing authority means,—
(a)
where the determination is made as part of considering an application for a licence under this subpart, the licensing authority that is considering the application; and
(b)
in any other case, the person who would in accordance with section 178 be the licensing authority if an application were to be made in respect of the particular series of flights concerned.
Licence-related provisions
176 Licence for scheduled international air service
(1)
A person who wishes to carry on in New Zealand any scheduled international air service must apply, in accordance with this Act, for a scheduled international air service licence.
(2)
Any scheduled international air service in New Zealand must be conducted—
(a)
in accordance with civil aviation legislation; and
(b)
in conformity with the terms and conditions of the appropriate licence.
Compare: 1990 No 98 s 87B
177 Application for licence
An application for a licence under this Part must—
(a)
be made to the Ministry; and
(b)
be in the form (if any) that the Secretary requires; and
(c)
include the information and documents—
(i)
as may be required by the regulations; or
(ii)
that are specified by the Secretary.
Compare: 1990 No 98 s 87C
178 Licensing authority
(1)
The licensing authority for the grant of scheduled international air service licences is—
(a)
the Minister, if the applicant is—
(i)
a New Zealand international airline, and the application relates to a restricted scheduled international air service; or
(ii)
a foreign international airline of a country or territory with which New Zealand does not have an air services agreement (or similar arrangement); or
(b)
the Secretary, in all other cases.
(2)
The licensing authority is responsible for—
(a)
determining applications for scheduled international air service licences, taking into account the matters specified in section 180; and
(b)
exercising jurisdiction in respect of scheduled international air service licences in accordance with this Part.
Compare: 1990 No 98 ss 87D, 87L
179 Notice of application for restricted scheduled international air service
If an application relating to a restricted scheduled international air service is made by a New Zealand international airline in accordance with section 177, the Secretary must—
(a)
give notice on the Ministry’s Internet site of the receipt of the application; and
(b)
specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application.
Compare: 1990 No 98 s 87E
180 Consideration of application for scheduled international air service licence
(1)
In considering and determining any application for a scheduled international air service licence, the licensing authority—
(a)
must take into account the following matters:
(i)
the main and additional purposes of this Act:
(ii)
any relevant international agreement, convention, or arrangement to which New Zealand is a party:
(iii)
in relation to an application for a restricted scheduled international air service licence made by a New Zealand international airline, any written representations received by the Secretary in relation to the application in accordance with section 179(b):
(b)
may take into account any other matter that the licensing authority thinks fit in the public interest.
(2)
If the granting of a licence would be contrary to any agreement, convention, or arrangement referred to in subsection (1)(a)(ii), the licensing authority must refuse to grant the licence.
Compare: 1990 No 98 ss 87F, 87M
181 Grant of licence
(1)
The licensing authority, after considering the application in accordance with section 180, may—
(b)
grant it (either in whole or in part)—
(ii)
subject to conditions that the licensing authority thinks relevant.
(2)
The scheduled international air service licence may be in a form that the licensing authority thinks fit.
(3)
Without limiting subsection (1), the licensing authority, in granting a scheduled international air service licence, may specify—
(a)
the countries or territories, or points within those countries or territories, that may be served and the route or routes that may be followed:
(b)
the maximum capacity that may be provided:
(c)
a date before which the service must commence.
(4)
If the licensing authority grants a licence, the Ministry must give notice in the Gazette that the licence has been granted.
Compare: 1990 No 98 ss 87G, 87N
182 Duration of licence
(1)
A licence granted under section 181—
(a)
takes effect on the date stated in the licence; and
(b)
may be granted—
(i)
for a term that the licensing authority considers appropriate in the particular case; and
(ii)
for an indefinite term, if the licensing authority thinks fit.
(2)
A licence, subject to subsection (3), continues in effect beyond the date of expiry of the licence if—
(a)
an application is made under section 183 for the renewal of the licence; and
(b)
the application is not disposed of before the date of expiry of the licence.
(3)
If subsection (2) applies, the scheduled international air service licence expires when the application is disposed of.
Compare: 1990 No 98 ss 87H, 87O
183 Renewal of licence
(1)
The licensing authority may renew a licence granted under section 181.
(2)
An application for the renewal of a licence granted under section 181 must—
(a)
be lodged with the Ministry not less than 1 month before the date on which the licence expires; or
(b)
be lodged with the Ministry not less than 3 months before the date on which the licence expires, if the licence includes a restricted scheduled international air service for a New Zealand international airline.
(3)
If the licence includes a restricted scheduled international air service for a New Zealand international airline, the Secretary must—
(a)
publish a notice of the application for renewal of a licence; and
(b)
specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person relating to the application.
(4)
The licensing authority must consider and determine an application for renewal of a licence in accordance with the requirements of section 180(1)(a) and (b), which applies with any necessary modifications.
(5)
A licence renewed under this section—
(a)
takes effect from the date of the expiry of the licence for which the renewal is granted; and
(b)
may be granted—
(i)
for a term that the licensing authority considers appropriate in the particular case; and
(ii)
for an indefinite term, if the licensing authority thinks fit.
Compare: 1990 No 98 ss 87I, 87P
184 Variation of terms and conditions of licence
(1)
The licensing authority may do any of the things specified in subsection (2) in relation to a scheduled international air service licence granted under section 181—
(a)
if the scheduled international air service licence is in force; and
(b)
on—
(i)
the licensing authority’s own volition; or
(ii)
the application of the licensee.
(2)
The things referred to in subsection (1) are—
(a)
amend any of the terms and conditions of the licence:
(b)
revoke any of the terms and conditions of the licence:
(c)
add any new terms or conditions to the licence.
(3)
If the licensing authority intends to exercise the power under subsection (1)(b)(i), the licensing authority must give notice of that intention to the licensee in accordance with the following:
(a)
if the proposed variation relates to, or involves, a restricted scheduled international air service, the authority must give not less than 21 days’ notice in writing:
(b)
in any other case, the authority must give not less than 21 days’ notice in writing unless the licensee and the licensing authority agree on a shorter period.
(4)
If the proposed variation relates to, or involves, a restricted scheduled international air service, the licensing authority must—
(a)
give public notice of the licensing authority’s intention to consider exercising a power under this section, if any proposed variation involves—
(i)
a change or an addition to the route or routes to be operated; or
(ii)
an increase in the capacity of the service to be provided; and
(b)
specify in the notice a time, not less than 21 days from the date of the notice, within which the Secretary will receive written representations from any person regarding the proposed variation.
(5)
The licensing authority must consider and determine an application under this section in accordance with the requirements of section 180(1)(a) and (b), which applies with any necessary modifications.
(6)
If the licensing authority varies the terms or conditions of a licence that relates to, or includes, a restricted scheduled international air service, the licensing authority must give notice in the Gazette of the fact of, and the terms and conditions of, that variation.
Compare: 1990 No 98 ss 87J, 87Q
185 Holder of licence may operate non-scheduled international flights without authorisation under section 189
If a person holds a licence under this subpart, the person is entitled to carry on specified non-scheduled commercial international flights, without authorisation under section 189, to or from the countries or territories that may be served under the licence, within the capacity limits, if any, of the licence.
Compare: 1990 No 98 s 87Z
Requirements on licensees
186 Proof of insurance against liability
(1)
The licensing authority may ask an applicant or a licensee (as the case may be) to provide proof of insurance against liability that may arise out of, or in connection with, the operation of the service in respect of—
(a)
the death of, or bodily injury to, any person; and
(b)
the loss of, or damage to, any property.
(2)
The licensing authority may exercise the power in this section at 1 or more of the following times:
(a)
before granting a licence:
(b)
before renewing a licence:
(c)
at any other time while the licence is in force.
(3)
If the licensing authority exercises the power under this section, the applicant or licensee must provide the proof of insurance to the licensing authority’s satisfaction within any reasonable time that is specified by the licensing authority.
Compare: 1990 No 98 s 87ZA
187 Returns to be made
(1)
The Secretary may, by notice in writing to a relevant person, require the relevant person to make—
(a)
financial and statistical returns and statements as at specific dates, or in relation to specified periods, or on the occurrence of specified events, including on an ongoing basis; or
(b)
financial and statistical returns and statements that the Secretary requires from time to time.
(2)
The relevant person must provide the Secretary with financial and statistical returns and statements to the Secretary’s satisfaction within any reasonable time that is specified by the Secretary.
(3)
In this section, relevant person means a person who is carrying out—
(a)
a scheduled international air service under a licence; or
(b)
a class 1 non-scheduled commercial international flight.
Compare: 1990 No 98 s 87ZB
Suspension and revocation of licences
188 Suspension and revocation of licences
The Minister may suspend a licence granted under this Part for a period that the Minister thinks fit, or revoke a licence granted under this Part, if—
(a)
the licensee has failed to comply with any civil aviation legislation; or
(b)
the service authorised by the licence is not commenced on the date specified in the licence; or
(c)
the Minister is satisfied that the service authorised by the licence has not been or is not being carried on in conformity with the terms and conditions of the licence; or
(d)
the service authorised by the licence has been terminated; or
(e)
the licence—
(i)
has been granted under, or in accordance with, any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country or territory; and
(ii)
that convention, agreement, or arrangement has been terminated or has ceased to bind or apply to the Government of New Zealand or the Government of that other country or territory; or
(f)
the licence—
(i)
has been granted under, or in accordance with, any convention, agreement, or arrangement referred to in paragraph (e)(i); and
(ii)
circumstances have occurred, or any condition has been fulfilled, following which the Minister, or the Government of New Zealand, has become entitled under, or in accordance with, the convention, agreement, or arrangement to revoke the licence.
Compare: 1990 No 98 ss 87ZC, 87ZD
Class 1 non-scheduled commercial international flights
189 Class 1 non-scheduled commercial international flights must be authorised by Secretary
(1)
This section applies to class 1 non-scheduled commercial international flights between—
(b)
1 or more points in any other country or territory.
(2)
No person may operate a class 1 non-scheduled commercial international flight referred to in subsection (1), except as authorised by the Secretary.
(3)
The Secretary must not authorise a series of non-scheduled commercial international flights under this section—
(a)
if the effect of authorisation would circumvent any convention, agreement, or arrangement between the Government of New Zealand and the Government of any other country or territory; and
(b)
unless the flights have all other necessary approvals to operate.
(4)
Nothing in subsections (1) to (3) applies to any class 2 non-scheduled commercial international flight.
(5)
This section is subject to section 185.
Compare: 1990 No 98 s 87ZE
Miscellaneous provisions
190 Additional requirements of regulations and rules
No aircraft is exempt from the operation of any regulation or rules made under this Act only because it is being used in connection with—
(a)
a scheduled international air service under a licence granted under this Part; or
(b)
a non-scheduled commercial international flight.
Compare: 1990 No 98 s 87ZF
191 This subpart not in force in Tokelau
(1)
This subpart is not in force in Tokelau.
(2)
However, regulations may be made under section 4 of the Tokelau Act 1948 bringing this subpart, with or without modifications, into force in Tokelau.
Compare: 1990 No 98 s 87ZG
Offences
192 Carrying on scheduled international air service without licence or contrary to licence
(1)
A person commits an offence if the person—
(a)
carries on a scheduled international air service in New Zealand without a licence granted under this subpart; or
(b)
is the holder of a licence granted under this subpart, and carries on a scheduled international air service in New Zealand in a manner contrary to the terms and conditions of the licence.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $30,000:
(b)
in the case of any other person, to a fine not exceeding $200,000.
Compare: 1990 No 98 s 49A
193 Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
(1)
A person commits an offence if the person—
(a)
operates a non-scheduled commercial international flight to which section 189 applies contrary to the provisions of that section; or
(b)
is the holder of a licence under this subpart and carries on a non-scheduled commercial international flight in a manner contrary to the terms and conditions of the licence.
(2)
A person who commits an offence against subsection (1) is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $30,000:
(b)
in the case of any other person, to a fine not exceeding $200,000.
Compare: 1990 No 98 s 49B