Subject to these regulations, every person who makes an application in respect of any document or matter specified in Part 1 of the Schedule shall be liable to pay the appropriate fees and charges specified in that section.

Where a flight test is unable to be completed because of the weather, aircraft unserviceability, or any other factor beyond the control of the applicant, any money paid for the test shall be applied by the Authority towards the re-scheduled test.

Where a candidate applies to sit or undergo a practical test or flight test and subsequently withdraws from that test, the Authority shall refund to him or her 80% of the relevant fee paid by the candidate if notification of withdrawal is received more than 7 days before the date of the test.

Subject to subclause (2), the relevant owner, operator, provider, applicant, or other person, as the case may be, shall be liable to pay the appropriate fees and charges specified in Parts 2 to 9 of the Schedule.

Where there is a change in the ownership or registration of an aircraft, the appropriate fee or charge shall be payable by the person registered as the owner of the aircraft immediately before the change is effected.

The fee for an application to the Director for the issue or approval of an airport identity card under rule 19.357(a), Part 19 of the Civil Aviation Rules is $62.45.

The fee for an application to the Director for the issue of a temporary airport identity card referred to in rule 19.357(h), Part 19 of the Civil Aviation Rules is $7.95.

Subject to subclause (2), the fees and charges payable under this Part shall be payable to the Authority,—

The Authority may approve other arrangements for the payment of charges by any operator under this Part, including arrangements for payment in advance.

The Minister may fix differential airport charges in respect of any joint venture or Crown airport.

Differential airport charges shall be payable by operators to the Airport Authority, or to the Secretary if the airport authority is the Crown, in such manner as is determined by the Airport Authority concerned or the Secretary, as the case may be.

Subject to subclause (2), where differential airport charges are not for the time being fixed in respect of any Crown airport or joint venture airport, domestic operators carrying on air transport or aerial work operations at that airport shall be liable to pay an airport charge calculated at the rate of 5% of the gross operating revenue earned from all such operations.

Where use is made of a Crown airport or joint venture airport by an aircraft operated by a domestic operator in operations which are not taken into account when calculating gross operating revenue for the purposes of subclause (1) or in respect of which no airport charges are payable, the operator shall be liable for charges of such amounts as may be negotiated by the operator and the Airport Authority concerned, or by the operator and the Secretary if the Airport Authority concerned is the Crown.

Every domestic operator who is liable to pay airport charges under regulation 14, shall in each month furnish to the Airport Authority concerned, or to the Secretary if the Airport Authority concerned is the Crown, a return of the operator’s gross operating revenue during the previous month together with payment of the charges thereon, unless the operator has made other arrangements, approved by the Airport Authority concerned or the Secretary, as the case may be, for the furnishing of returns and payment of the charges.

Returns required under subclause (1) shall in all cases be made on forms provided for the purpose by the Secretary and certified as correct by the owner, manager, or director of the operating business.

Any return to which subclause (1) applies shall, unless the Airport Authority concerned or the Secretary if the Airport Authority concerned is the Crown, as the case may be, otherwise approves, also be certified by the auditor of each operator or by a chartered accountant.

Where differential airport charges are not for the time being fixed in respect of the airport concerned, operators shall be liable to pay, in respect of each landing at a New Zealand airport of a scheduled or non-scheduled international flight, airport charges calculated at the rate of $7.60 per 1 000 kg gross weight of the aircraft.

Where an aircraft has more than 1 maximum take-off weight specified in the airworthiness certificate issued in respect of that aircraft, the landing charge payable by an international operator for any aircraft operated by the operator and landing in New Zealand shall be calculated according to the maximum take-off weight that the aircraft is operating under for that landing.

If on the subsequent take-off of that aircraft it operates under a maximum take-off weight different from that operated under the previous landing, then the landing charge payable in respect of that subsequent take-off shall be calculated according to the heavier of those 2 maximum take-off weights.

Every international operator shall pay any charges for which the operator is liable under regulation 16 to the Airport Authority concerned, or to the Secretary if the Airport Authority is the Crown, before take-off unless the operator has made other arrangements approved by the Airport Authority or the Secretary, as the case may be, for the furnishing of returns and payment of the charges.

Subject to subclause (2), where differential airport charges are not for the time being fixed in respect of any Crown airport or joint venture airport, Airport Authorities may make such charges as the Minister may fix for the parking of aircraft.

No charge shall be made under subclause (1)—

In addition to parking fees, operators may be charged for any special services or privileges which may be required by operators by way of security, lighting, or otherwise, and for any additional facilities provided by an Airport Authority. The amount charged for any such special services for facilities shall be such amount as may be fixed by the Minister.

For the purpose of providing funds for the maintenance and operation of the Aviation Security Service, an international operator must, upon an invoice, in respect of an air operation departing from New Zealand, pay to the Authority the appropriate international passenger security charge specified in the following table for each international civil air passenger departing from New Zealand on an aircraft operated by that operator:

The charge imposed by subclause (1) shall not be payable in respect of the following:

For the purpose of providing funds for the maintenance and operation of the Aviation Security Service, a person described in subclause (1A), in respect of an air operation conducted in New Zealand on an aircraft with a passenger seating capacity of 90 or more passengers, must pay to the Authority the appropriate domestic passenger security charge specified in the following table for each passenger carried on each domestic sector of the operation:

The persons are—

However, the charge imposed by subclause (1) is not payable in respect of the following:

On the 20th day of each month, an operator who is liable to pay domestic passenger security charges under regulation 20A must—

On the first day of each month, an operator who is liable to pay domestic passenger security charges under regulation 20A must make a lump sum payment to the Authority of an amount agreed between that operator and the Authority that reflects that operator’s best estimate of the domestic passenger security charges payable under regulation 20A for the preceding month.

If the amount paid by the operator under subclause (2) for the preceding month exceeds the domestic passenger security charges payable by the operator for that month, the operator must deduct from the next amount to be paid by the operator under that subclause the amount that has been overpaid.

An operator who is liable to pay domestic passenger security charges under regulation 20A must maintain, and make available to the Authority on request, records of the domestic air passenger operations conducted by that operator that show, separately,—

Where, in relation to any matter for which a fee or charge is payable under these regulations, any person employed by the Authority or engaged by the Director is required to travel outside New Zealand, the applicant or operator shall be liable to pay, in addition to any other fees and charges payable under these regulations,—

Where the Authority provides advice or is consulted in relation to any licence, rating, certificate, approval, or monitoring, the person who requested the service shall, on receipt of an invoice from the Authority, be liable to pay—

A charge payable under subclause (1) for advice or consultation in relation to a document, an approval, or monitoring is payable irrespective of whether the document or approval is granted or the monitoring is carried out.

Where the same person carries on business in New Zealand both as an international operator and a domestic operator, the fees and charges payable under these regulations shall be charged at the appropriate rates prescribed or fixed by or under these regulations in accordance with the class of operations in which the aircraft concerned is for the time being operated.

Subject to subclause (2), all fees and charges payable under these regulations shall be recoverable in any court of competent jurisdiction by the Secretary or the Authority where the dues are payable to the Secretary or the Authority, respectively, and in any other case shall be so recoverable by the Airport Authority to which they are payable.

Differential airport charges shall be recoverable from the operator in any court of competent jurisdiction as follows:

If at any time within 3 months after the payment of any fees or charges under these regulations the Secretary or the Authority or the Airport Authority concerned is satisfied that an excess payment was made or that a payment was made in error, a refund of the excess or the amount paid in error shall be made.

The Secretary or the Authority may authorise the refund or waiver, in whole or in part, of any fee or charge payable under these regulations where—

Where an applicant applies for more than 1 type of licence, rating, certificate, or approval specified in the Schedule, the applicant shall be liable to pay the fee or charge prescribed in respect of each licence, rating, certificate, or approval sought by the applicant.

Where, in relation to any fee or charge payable under these regulations, any payment is made in advance, that payment shall be credited towards the total fee or charge payable.

Where any fee or charge has not been paid within the period prescribed or fixed in that behalf by or under these regulations, a penalty of 5% of the amount of that fee or charge shall be payable in respect of each period of 28 days after the close of that period during which the fee or charge remains unpaid.

The fees and charges prescribed or fixed by or under these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

The Civil Aviation Charges Regulations 1991 (SR 1991/25) are hereby revoked.