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

Where written and oral examinations are required for the issue of a licence or rating, separate fees shall be payable for each examination.

The Authority may require the payment of the priority licensing transaction surcharge specified in Part 4 of section A of the Schedule, in addition to the prescribed fee, if an examination, test, or licensing transaction is requested after a specified closing date or as a matter of urgency.

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 Secretary towards the re-scheduled test.

The Authority must refund the relevant fee paid by an examination candidate for a recount if the candidate achieves a pass standard as a result of the recount.

Where a candidate applies to sit or undergo a technical examination, practical test, or flight test, and subsequently withdraws from that examination or 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 examination or test.

(1) 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 sections B to I of the Schedule.

(2) 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.

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

• (a) in the case of an application fee, at the time of making the application; and

• (b) in any other case, upon an invoice issued by or on behalf of the Authority and within the time specified in the invoice.

(2) The Authority may approve other arrangements for the payment of charges by any operator under this Part.

Until the appropriate fees and charges prescribed or fixed by or under this Part have been paid, the Authority or the Director may decline to—

• (a) do any act; or

• (b) permit any act to be done; or

• (c) receive any document,—

in respect of which those fees and charges are payable.

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

(2) 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.

(1) 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.

(2) 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.

(1) 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.

(2) 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.

(3) 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.

(1) 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.

(2) 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.

(3) 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.

(1) 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.

(2) No charge shall be made under subclause (1)—

• (a) to regular air transport operators, in respect of aircraft parked in the normal course of their schedule; or

• (b) in respect of aircraft which remain parked for less than 2 hours or remain parked when take-off is delayed by weather conditions.

(3) 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.

(1) 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 an international passenger security charge of $8 for each international civil air passenger departing from New Zealand on an aircraft operated by that operator.

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

• (a) any member of the crew of any aircraft departing New Zealand:

• (b) any member of the crew of any aircraft being carried on an aircraft departing from New Zealand solely for the purposes of positioning that crew to carry out their duties as employees of an international operator:

• (c) any child under the age of 2 years:

• (d) any passenger travelling on an aircraft used for the purposes of the New Zealand Defence Force:

• (e) any passenger travelling on any aircraft being used specifically for the military, diplomatic, or ceremonial purposes of any Government:

• (f) any passenger in transit through New Zealand who—

  • (i) does not leave the transit/arrival/departure areas of the airport; or

  • (ii) leaves the transit/arrival/departure areas only because of an interruption to a flight caused by unserviceability of an aircraft or other essential facility or caused by any other delay beyond the control of the passenger or the international operator concerned:

• (g) such other persons or classes of persons as the Minister may from time to time specify by notice in the Gazette.

(1) 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 a domestic passenger security charge of $3.70 for each passenger carried on each domestic sector of the operation.

(1A) The persons are—

• (a) a holder of an air operator certificate:

• (b) a holder of an Australian AOC with ANZA privileges.

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

• (a) any member of the crew of that aircraft:

• (b) any member of the crew of an aircraft who is being carried on that aircraft solely for the purposes of positioning that crew member to carry out his or her duties as an employee of the operator:

• (c) any child under the age of 2 years:

• (d) any person who is carried from an aerodrome outside New Zealand to an aerodrome in New Zealand and who is then carried in the same aircraft to another aerodrome within New Zealand:

• (e) any person who is carried from an aerodrome within New Zealand to another aerodrome in New Zealand and who is then carried in the same aircraft to an aerodrome outside New Zealand:

• (f) any other persons or classes of persons that the Minister may specify by notice in the Gazette.

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

• (a) submit precise details to the Authority of the number of domestic sectors flown, and the domestic passenger security charges payable, by that operator for the preceding month; and

• (b) pay the amount (if any) equal to the difference between the domestic passenger security charges payable by the operator for the preceding month and the amount paid by the operator under subclause (2) for that month.

(2) 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.

(3) 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.

(4) 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,—

• (a) the number of passengers carried on domestic sectors flown by the operator; and

• (b) the number of passengers in each of the categories specified in regulation 20A(2) for whom domestic passenger security charges are not payable; and

• (c) the number of passengers for whom domestic passenger security charges are payable.

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,—

• (a) the reasonable travel costs incurred by that employee or person; and

• (b) a charge in respect of the travelling time of that employee or person, being an amount calculated—

  • (i) at the per person hour rate (if any) applicable under these regulations to the work in respect of which the travel is undertaken; or

  • (ii) in any other case, at the rate of $124 per hour.

Where an examination or test is carried out away from a scheduled venue, the examiner’s travel costs shall be payable by the applicant in addition to any other fees and charges payable under these regulations.

(1) 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) a charge calculated at the per person hour rate (if any) applicable to the grant of that document or approval, or to the carrying out of that monitoring; or

• (b) in any other case, a charge calculated at the rate of $124 per person hour.

(2) Where aeronautical information is supplied by the Authority to any person, a reasonable charge for the supply of that information shall be payable in addition to any other fees and charges payable under these regulations.

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.

(1) 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.

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

• (a) where the charges are payable in respect of the use of any Crown airport or any facilities in connection with that airport, those charges shall be so recoverable by the Secretary:

• (b) where the charges are payable in respect of the use of any joint venture airport or any facilities in connection with that airport, those charges shall be so recoverable by the Airport Authority concerned.

(1) 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.

(2) 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—

• (a) the fee or charge is payable by a non-commercial and non-profit organisation; or

• (b) the fee or charge is payable by a person who is not generally involved in civil aviation; or

• (c) the application in respect of which the fee or charge is payable has been declined.

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, these regulations require the payment in advance of any specified minimum amount, that payment shall be credited towards the total fee or charge payable.

Where different fees or charges of less than $50 are payable by any person under these regulations, those fees or charges may be invoiced as an aggregate amount instead of being invoiced separately.

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.

No fee shall be payable under these regulations for the issue or renewal of any licence, rating, certificate, or approval where the issue or renewal is lawfully made by a person who is not employed by the Authority.

The following provisions shall apply in relation to persons who became liable under the Civil Aviation Charges Regulations 1991 (SR 1991/25) to pay any annual variable charge in respect of any period ending after the commencement of these regulations:

• (a) such charges shall be payable only in respect of any period ending with the close of the day before the commencement of these regulations:

• (b) any amount of any annual variable charge specified in section C of the Schedule of the Civil Aviation Charges Regulations 1991, that has been paid under those regulations and relates to any period to which these regulations apply, shall be refunded by the Secretary.

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.