Civil Aviation Bill

Hon Michael Wood

Civil Aviation Bill

Government Bill

61—1

Contents

Explanatory note
1Title
2Commencement
3Main purpose
4Additional purposes
5Interpretation
6Meaning of accident
7Meaning of aviation place
8Meaning of officer
9Application of civil aviation legislation
10Transitional, savings, and related provisions
11Act binds the Crown
12Overview
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
113Interpretation
114DAMP operator must develop DAMP
115Random testing by DAMP operator
116Director testing
117What happens if worker refuses consent or test result is not negative
118Tampering
119Test results only to be used in certain prosecutions
120Interpretation
121Security designated aerodromes and navigation installations
122Airside security areas
123Entry into airside security area
124Providing evidence of identity and authority
125Authorised security person may seize evidence of identity
126Landside security areas
127Director may carry out security checks
128Reconsideration of security check determination
129Review procedure for adverse security check determination
130Review procedure for adverse security check determination made wholly or partly on recommendation under Intelligence and Security Act 2017
131Consequences of final adverse security check determination
132Offence to carry out activity while authorisation withdrawn or after authorisation revoked
133Offence to fail to comply with Director’s requirement to withdraw or revoke authorisation
134Interpretation
135Aviation security service providers
136Responsibility of Minister
137Requirements for provider of aviation security services
138Minister may specify only AvSec to provide security at aerodrome or installation
139Functions and duties of AvSec
140Requirements for AvSec to comply with prescribed requirements for provision of aviation security services
141Person who holds aviation document for aviation security service must designate aviation security officers
142Searching powers of aviation security officers
143Requirements and incidental powers relating to manner of searching persons
144Consent requirements for searching
145Circumstances where consent to searching not required
146Power to require drivers to stop vehicles in security enhanced areas for searching
147Powers of aviation security officer in relation to person who is not searched or refuses consent to searching
148Powers of constable in relation to person who is not searched or refuses consent to searching
149Consequences for passenger of refusal to consent to searching
150Item or substance suspected entering into, or in, sterile area
151Item or substance suspected entering into, or in, landside security area or security enhanced area
152Items or substances suspected that may be imminent risk
153Power of Minister to require searching and seizing
154Further provisions in relation to direction by Minister
155Power of Director to require searching and seizing
156Further provisions in relation to direction by Director
157Right of access for aviation security officers
158Use of aids and devices for searching
159Use of dogs
160Power of aviation security officer to seize and detain dangerous goods detected by government agency or carrier
161Relationship of this subpart to Aviation Crimes Act 1972
162Power of arrest for crimes against Aviation Crimes Act 1972 or Arms Act 1983
163Arrest of persons delivered to Police
164Powers of Police
165Powers of members of Armed Forces when providing aviation security services
166Protection of aviation security officers
167Refusal to give particulars or to leave airside security area or security enhanced area
168Being present in security area without being searched or when not authorised
169Offence to impersonate aviation security officer
170Offence to obstruct aviation security officer or authorised security person
171Threatening or assaulting aviation security officer or authorised security person
172Obstruction or interference with aviation security dog
173Killing or injuring aviation security dog
174Security check offences
175Interpretation in this Part
176Licensing authority may determine whether service is scheduled international air service
177Licence for scheduled international air service
178Application for licence
179Licensing authority
180Notice of application for restricted scheduled international air service
181Consideration of application for scheduled international air service licence
182Grant of licence
183Duration of licence
184Renewal of licence
185Variation of terms and conditions of licence
186Holder of licence may operate non-scheduled international flights without authorisation under section 190
187Proof of insurance against liability
188Returns to be made
189Suspension and revocation of licences
190Class 1 non-scheduled commercial international flights must be authorised by Secretary
191Additional requirements of regulations and rules
192This subpart not in force in Tokelau
193Carrying on scheduled international air service without licence or contrary to licence
194Operating unauthorised non-scheduled commercial international flight or carrying on non-scheduled commercial international flight contrary to licence
195Interpretation in this subpart
196When person may apply for authorisation
197Actions following receipt of application for authorisation
198Further provisions relating to application for authorisation
199Powers of Minister to prohibit disclosure of information, documents, and evidence
200Minister may authorise international carriage by air
201Minister must notify proposed decision to grant or decline authorisation
202Minister must notify final decision to grant or decline authorisation
203Further powers of Minister in relation to authorisations
204Authorisation of tariffs by Minister in specified circumstances
205Application of Commerce Act 1986
206Interpretation
207Eligible New Zealand operator must provide contact details
208Emissions monitoring plan
209Emissions reports
210Secretary may determine emissions if eligible New Zealand operator fails to submit emissions report
211Calculation of offsetting requirements for eligible New Zealand operator
212Emissions unit cancellation reports
213Verification of reports
214Secretary may request emissions information from New Zealand operator
215Application of sections 208 to 214 subject to regulations about new entrants
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 more than 1 airport
225Secretary may suspend or cancel registration
226Aerodrome to be operated commercially
227Airports to be public works
228Crown or local authority may transfer land or other property to airport operator
229Transfer of land to airport operator: application of Reserves Act 1977
230Transfer of land to airport operator: application of Public Works Act 1981
231Airport operators may set charges
232Airport operators must consult concerning capital expenditure plans
233Airport operators must consult concerning spatial plans
234Airport operators may vary leases in certain circumstances
235Application of other Acts to airport subdivisions and laying out of access roads
236Airport bylaws
237Consultation
238Publication and proof of bylaws
239Minister may amend, replace, or disallow bylaws
240Enforcement of bylaws
241Joint venture aerodromes
242Giving of enforceable regulatory undertaking by airport operator
243Consultation and timing requirements
244Decision and notification
245When enforceable regulatory undertaking is enforceable
246Review by airport operator of enforceable regulatory undertaking
247Compliance with enforceable regulatory undertaking
248Contravention of enforceable regulatory undertaking
249Secretary may make direction orders
250Secretary must give notice of orders made under section 249
251Consequences of failing to comply with direction orders
252Exemptions from requirements of subparts 2 and 3
253Sale of alcohol at international airports
254Additional purpose of Part
255Interpretation in this subpart
256Application of Guadalajara Convention
257Conventions to have force of law
258Inconsistency between French and English texts
259Fatal accidents
260Contributory negligence
261Limitation of liability
262Value of special drawing right
263Time for bringing proceedings
264Further provisions in relation to time for bringing proceedings
265Actions against High Contracting Parties
266Actions against Parties to Montreal Convention
267Designation of Parties
268Article 40A of amended Convention
269Power to exclude aircraft in use for military purposes
270Interpretation in this subpart
271Application of this subpart
272Combined carriage
273Exclusions
274Provisions if carriage performed by actual carrier
275Liability of carrier in respect of delay
276Provisions if carriage performed by successive carriers
277Avoidance of liability
278Limitation of liability
279Contracting out
280Wilful or reckless misconduct
281Just and equitable orders and awards
282Application of limitation on liability
283Relationship between carriers
284Limitation of actions
285Powers of entry and inspection
286Power to enter homes or marae
287Notice of entry
288Power to take samples and other objects and things
289Power to authorise making of applications for search warrants
290Continuation of powers of entry and inspection without search warrants
291Limitation relating to powers under sections 285 and 289
292Requirement to conduct or undergo examinations, tests, inquiries, inspections, or monitoring
293Power to require name, address, and date of birth
294Duty to assist inspectors
295Immunity of inspectors and persons assisting inspectors or Director
296Offence for failing to provide inspector with correct name, residential address, and date of birth
297Offence to hinder or obstruct inspector
298Offence to impersonate inspector
299Failure to comply with inspection or monitoring requirement
300Power to issue improvement notices
301Content of improvement notices
302Compliance with improvement notice
303Extension of time for compliance with improvement notices
304Power to issue non-disturbance notice
305Content of non-disturbance notice
306Compliance with non-disturbance notice
307Issue of subsequent non-disturbance notices
308General provisions relating to notices
309Changes to notice by inspector
310Director may vary or cancel notice
311Formal irregularities or defects in notice
312Issue of notice
313Display of notice at aviation place by person issued with notice
314Inspector may display notice
315Director 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
316Director’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
317Obligations of Director if action taken under section 315 or 316
318Power to seize, detain, or destroy aircraft without person on board
319Power to enter homes or marae
320Provision relating to seizure or detention of aircraft in operation without a person on board
321Requirement to give reasons for action under section 318
322Provisions relating to seizure or detention of aircraft under section 318
323Immunities in relation to exercise of power under section 318
324Director may grant exemptions from compliance with regulations and rules
325General provisions relating to exemptions
326Director may accept enforceable undertakings
327Notice of decision and reasons for decision
328When enforceable undertaking is enforceable
329Compliance with enforceable undertaking
330Contravention of enforceable undertaking
331Withdrawal or variation of enforceable undertaking
332Proceedings for alleged contravention
333Appointment of inspectors
334Appointment of response officers
335Identity cards
336Suspension and ending of appointment of inspectors
337Inspectors subject to Director’s directions
338Director has powers of inspector and response officer
339Meaning of equipment for purposes of section 340
340Powers of entry of Airways
341Interpretation in this subpart
342Restriction on admissibility of accident and incident notifications
343When Director may take law enforcement action
344Interpretation
345Admissibility of flight data recording against flight crew in criminal proceedings
346Subpart does not limit or affect application of Part 3 of Transport Accident Investigation Commission Act 1990
347Effect of disqualification by court
348Commencement of period of disqualification
349Retention and custody of document
350Removal of disqualification
351Particulars of disqualification orders, etc, to be sent to Director
352Appeals against disqualification by court
353Court may grant injunctions
354When court may grant restraining injunctions
355When court may grant performance injunctions
356Undertaking as to damages not required by Director or Secretary
357Powers of Minister to intervene on grounds of national security
358Giving of notice and related matters
359Review procedure in relation to notice under section 357
360Effect of disqualification by Minister
361Commencement of period of disqualification by Minister
362Retention and custody of document following disqualification by Minister
363Offences relating to breach of notice given by Minister on national security grounds
364Communicating false or misleading information
365Obstruction of inspector or other person authorised by Director or Secretary
366Trespass
367Failure to maintain accurate records
368Breach of emergency rule, prohibition, or condition
369Flight over foreign country without authority or for improper purpose
370Additional penalty for offences involving commercial gain
371Interpretation
372Application of this subpart to offences for breach of airport bylaws
373Infringement offences
374Who may issue infringement notices
375When infringement notice may be issued
376Revocation of infringement notice before payment made
377What infringement notice must contain
378How infringement notice may be served
379Payment of infringement fees
380Limitation period for prosecutions brought by Director
381Extension of time if Director needs longer to decide whether to bring prosecution
382Burden of proof of exceptions, etc, for offences
383Evidence and proof in offence-related proceedings: aviation documents and New Zealand Register of Aircraft
384Evidence and proof in offence-related proceedings: other matters
385Evidence and proof of rule in any proceedings
386State of mind of employees and agents attributed
387Conduct of employees and agents attributed
388Interpretation in this subpart
389Application of this subpart
390Exercise of powers under this subpart
391Liability for offences against this subpart despite extraterritoriality
392Liability for offences under Summary Offences Act 1981 despite extraterritoriality
393Liability for offence on foreign aircraft outside New Zealand
394Proceedings for offences
395Passenger endangering safety
396Disruptive conduct towards crew member
397Interference with aircraft
398Intoxicated person on aircraft
399Non-compliance with commands given by pilot-in-command
400Offensive behaviour or words
401Portable electronic devices must not be operated
402Non-compliance with seating and safety belt instructions
403No smoking
404Dangerous goods
405Requirements relating to information and verification
406Consequences for failure to comply with requirements
407Modifications to infringement offence procedure under the Summary Proceedings Act 1957 for unruly passenger offence that is infringement offence
408Regulations
409Provisions relating to regulations generally
410Regulations relating to carbon offsetting and reduction scheme for international aviation
411Regulations relating to information disclosure by aviation participants
412Regulations requiring disclosure of information by specified aviation participants
413Information to be supplied by aviation participants to Secretary
414Offences in relation to information disclosure
415Regulations for international carriage by air
416Regulations relating to fees and charges
417Rebate of fees or charges
418Payment of fees and charges
419Governor-General may impose levies
420Basis on which levies may be imposed
421Other provisions relating to levies
422Director may audit levy returns
423Offences in relation to levy orders
424Recovery of fees, charges, and levies
425Recovery of fee, charge, or levy as debt due to Crown
426Processing application or providing service may be declined if fee, charge, or levy unpaid
427Regulations to control sale of alcohol at international airports
428Regulations providing for transitional matters
429Incorporation of material by reference in secondary legislation
430Airworthiness directives
431Regulations or rules may provide for transport instruments
432Specified person may make transport instruments
433Procedures relating to transport instruments
434Interpretation in this Part
435Cape Town Convention and Aircraft Protocol to have force of law
436Cape Town Convention and Aircraft Protocol to have effect in place of New Zealand law in certain circumstances
437Governor-General may issue copies of declarations
438Certificates about Contracting States
439Irrevocable deregistration and export request authorisations
440Deregistration requests
441Removal requests
442Director must prescribe and publish forms for requests
443Director must not exercise certain powers
444Appeal to District Court
445Consequences of appeal to District Court
446Further action of the Director after appeal determined
447Appeal to High Court on question of law
448Further appeal to Court of Appeal
449Delegation of certain functions of Minister to CAA
450Further provisions regarding delegation of Minister’s functions or powers to CAA
451Delegation of Director’s functions or powers to employees of CAA
452Further provisions regarding delegation of Director’s functions or powers to employees of CAA
453Delegation of Director’s functions or powers to persons outside CAA
454Further provisions regarding delegation of Director’s functions or powers to persons outside CAA
455Restrictions on delegations in relation to AvSec
456Disclosure or publication of information
457Sharing of information between CAA, designated agencies, and overseas agencies
458Principal Act
459Section 3 repealed (Airport authorities may establish and carry on airports)
460Section 9 amended (Bylaws)
461New section 9AAA inserted
9AAAInfringement offences for breach of bylaw
462Principal Act
463Section 2 amended (interpretation)
464Section 11 amended (Taking firearms, explosives, etc, on to aircraft or into sterile area or security enhanced area)
465Principal Act
466New sections 199 and 199A inserted
199Search and rescue operations
199AMinister may direct agencies with respect to search and rescue operations
467Section 431 amended (Functions of Authority)
468Principal Act
469Section 14A amended (Interpretation)
470Principal Act
471Section 2 amended (Interpretation)
472Consequential amendments
473Repeal of Civil Aviation Act 1990
474Repeal of Airport Authorities Act 1966
475Revocations
476Principal Act
477Commencement of this Part
478Section 5 amended (Interpretation)
479Section 56 amended (Rules relating to safety and security)
480New sections 163A and 163B and cross-heading inserted
163ADirector may approve firearms, weapons, ammunition, and other equipment for carriage and use by in-flight security officers
163BForeign in-flight security officers
481Amendments to other legislation

The Parliament of New Zealand enacts as follows: