Supplementary Order Paper No 325

No 325

House of Representatives

Supplementary Order Paper

Tuesday, 28 March 2023

Civil Aviation Bill

Proposed amendments

Hon Kiritapu Allan, in Committee, to move the following amendments:

Clause 2

Replace clause 2 with:

2 Commencement

(1)

Section 10, in so far as it relates to clauses 7 to 10A and 36A of Schedule 1, comes into force on the day after the date on which this Act receives the Royal assent.

(2)

The rest of this Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council.

(3)

Any provision (other than Part 11) that has not earlier been brought into force comes into force 24 months after the date on which this Act receives the Royal assent.

(4)

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Clause 5

In clause 5, definition of eligible New Zealand operator, after Part 6 (page 29, line 3), insert “and section 410.

In clause 5, definition of identified aerodrome activity, after Part 7 (page 29, line 32), insert “and section 412.

Clause 49

In clause 49(4), after “death,” (page 59, line 1), insert “or where the aircraft is missing,”.

Clause 178

In clause 178(c)(i), replace “under this Act” (page 130, line 6) with “by the regulations”.

Clause 206

In clause 206(1), definition of New Zealand operator, delete “and holds a New Zealand AOC with ANZA privileges” (page 143, lines 19 and 20).

Clause 218

In clause 218, definition of space requirement, replace “a Public Health Unit or District Health Board” (page 149, lines 14 and 15) with “Health New Zealand”.

Clause 220

In clause 220(4), replace “they become” (page 150, line 22) with “the Secretary becomes”.

Clause 222

In clause 222(1), replace “them” (page 151, line 6) with “the applicant”.

Clause 224

In the heading to clause 224, replace more than 1 airport (page 151, line 34) with 2 or more airports.

Clause 226

Replace clause 226(a) to (c) (page 152, line 35 to page 153, line 2) with:

(a)

the airport operator—

(i)

is a local authority; and

(ii)

provides in its planning documents that the airport is not to be operated as a commercial undertaking; or

(b)

the airport operator is a council-controlled organisation that—

(i)

provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and

(ii)

is not a specified airport company; or

(c)

the airport operator—

(i)

is a local authority; and

(ii)

is a shareholder in, a member of, or otherwise forms part of a company or an entity that is a council-controlled organisation that—

(A)

provides in its constitution, or any other rule or document constituting the council-controlled organisation or governing its activities, that the airport is not to be operated as a commercial undertaking; and

(B)

is not a specified airport company.

In clause 226, insert as subclause (2) (page 153, after line 2):

(2)

In this section,—

council-controlled organisation has the meaning given in section 6(1) and (4) of the Local Government Act 2002

local authority has the meaning given in section 5(1) of the Local Government Act 2002

specified airport company has the meaning given in section 56A of the Commerce Act 1986.

Clause 227

Replace clause 227 (page 153, lines 3 to 28) with:

227 Airport to be Government work

(1)

For the purposes of the Public Works Act 1981, an airport operated by an airport operator that is not a local authority must be treated as a Government work—

(a)

that the Crown is authorised to construct, undertake, establish, manage, operate, or maintain; and

(b)

for which the Crown is responsible.

(2)

This section is subject to section 235.

227A Acquisition or taking of land for airport

(1)

This section applies in respect of an airport operated by an airport operator that is not a local authority.

(2)

The airport operator may apply to the Minister of Lands to have land required for the airport acquired or taken under Part 2 of the Public Works Act 1981 and, if the Minister of Lands agrees, that land may be taken or acquired.

(3)

The effect of any Proclamation taking land for the purposes of subsection (2) is to vest the land in the airport operator instead of the Crown.

(4)

Any land held under an enactment or in any other manner by the Crown or a local authority may, with the consent of the Crown or that authority, be set apart for the airport in the manner provided in sections 50 and 52 of the Public Works Act 1981 (with the necessary modifications).

(5)

The setting apart of land under subsection (4)

(a)

must be on the terms and conditions (including price) that may be agreed between the Crown or local authority and the airport operator; and

(b)

is not subject to sections 40 and 41 of the Public Works Act 1981.

(6)

Land set apart as described in subsections (4) and (5) vests in the airport operator.

(7)

Any claim for compensation under the Public Works Act 1981 in respect of land acquired or taken in accordance with this section must be made against the Minister of Lands.

(8)

All costs and expenses incurred by the Minister of Lands in respect of the acquisition or taking of land in accordance with this section (including any compensation payable by the Minister) is recoverable from the airport operator as a debt due to the Crown.

(9)

For the purposes of this section, an interest in land, including a leasehold interest, may be acquired or taken as if references to land were references to an interest in land.

227B Holding and disposal of land

(1)

This section applies in respect of an airport operated by an airport operator that is not a local authority.

(2)

The chief executive may lodge a caveat under section 138 of the Land Transfer Act 2017 against dealings in relation to any land forming part of the airport to protect any interest of persons to have that land offered to them under section 40(2) of the Public Works Act 1981.

(3)

It is the chief executive and not the airport operator who must comply with sections 40 and 41 of that Act and, where relevant, section 134 of Te Ture Whenua Māori Act 1993 in relation to any disposal of the land.

(4)

In this section, chief executive means the chief executive within the meaning of section 4 of the Cadastral Survey Act 2002.

(5)

For the purposes of this section,—

(a)

the rights of persons referred to in subsection (2) are an interest in land for the purposes of section 138 of the Land Transfer Act 2017; and

(b)

in stating that interest, it is sufficient for the caveat to refer to sections 40 to 42 of the Public Works Act 1981 and this section.

Clauses 228 to 230

Delete clauses 228 to 230 (page 153, line 29 to page 155, line 20).

Clause 236

Replace clause 236(1)(e) (page 158, lines 34 to 36) with:

(e)

regulating (other than on a road as defined in section 2(1) of the Land Transport Act 1998)—

(i)

traffic, whether pedestrian or vehicular; and

(ii)

the provision and use of parking places for vehicles at the aerodrome:

Clause 238

In clause 238(1)(b), replace “relevant road controlling authority” (page 160, line 12) with “airport operator”.

Clause 252

After clause 252(3) (page 167, after line 8), insert:

(3A)

The Secretary may grant an exemption under subsection (1) on any terms and conditions that the Secretary thinks fit.

Clause 297

Delete clause 297 (page 188, lines 8 to 16).

Clause 324

In clause 324(2)(b), delete “under section 408(1)(m) (page 198, line 2).

Clause 343

In clause 343(1), replace “proceeding” (page 206, line 6) with “action”.

Clause 355

In clause 355(1)(a), after “failed” (page 211, line 6), insert “, or is refusing or failing,”.

In clause 355(1)(b), after “fail” (page 211, line 9), insert “, or continue to refuse or fail,”.

Clause 358

In clause 358(1), replace “given to” (page 212, line 11) with “served on”.

In clause 358(4), replace “If a notice is given under section 357(2)(b) (page 212, line 26) with “When a notice given under section 357(2)(b) is served under subsection (1).

After clause 358(4) (page 212, after line 29), insert:

(5)

Service under subsection (1) may be effected in any way the Minister considers appropriate.

Clause 361

In clause 361, replace “of the notice” (page 213, line 18) with “on which the notice is served under section 358(1).

Clause 362

In clause 362(1), after “immediately” (page 213, line 22), insert “after the notice is served”.

Clause 365

Replace clause 365(1) (page 214, lines 29 to 33) with:

(1)

A person commits an offence who intentionally obstructs or intentionally impedes—

(a)

an inspector or a response officer exercising their functions or powers under this Act; or

(b)

any other person who is authorised by the Director or the Secretary and acting in the performance or exercise of any functions or powers conferred on the person under this Act.

Replace clause 365(3) (page 214, line 37 to page 215, line 3) with:

(3)

A person who breaches subsection (1) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000:

(b)

in the case of any other person, to a fine not exceeding $50,000.

Clause 366

In clause 366(1)(a), replace “an authorised person or other” (page 215, line 10) with “a”.

Clause 367

In clause 367(1), delete “in or” (page 215, line 19).

Clause 369

In clause 369(4)(b), delete “under section 357(1) (page 216, line 24).

Clause 370

In clause 370(1), delete 247, (page 217, line 8).

New clause 379A

After clause 379 (page 220, after line 10), insert:

379A Reminder notices

A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.

Clause 382

After clause 382(1)(b)(vii) (page 221, after line 32), insert:

(viia)

section 251 (failing to comply with direction order):

After clause 382(1)(b)(x) (page 221, after line 37), insert:

(xa)

section 397 (interference with aircraft):

After clause 382(1)(b)(xii) (page 222, after line 4), insert:

(xiii)

section 423(1) (failure to make return):

(xiv)

section 423(2) (failure to maintain records).

Clause 407

In clause 407(3), replace “applies,” (page 232, line 34) with “and any regulations made under that Act apply,”.

In clause 407(3)(j), replace “21A and 78B” (page 233, line 22) with “21A, 21B, and 78B”.

Clause 408

Delete clause 408(1)(h) (page 234, line 19).

In clause 408(1)(i), replace Part 6 (page 234, line 21) with subpart 1 of Part 6.

In clause 408(1)(j), replace Part 2 (page 234, line 24) with Part 4.

Delete clause 408(1)(k) (page 234, lines 27 and 28).

Delete clause 408(1)(m) (page 234, lines 33 and 34).

Clause 410

In clause 410(1), after “regulations” (page 235, line 31), insert “for the purposes of subpart 3 of Part 6.

Clause 411

Replace clause 411(2) (page 237, line 11) with:

(2)

Nothing in regulations made under this section may require the provision of information in any circumstances that would be in breach of the information privacy principles in section 22 of the Privacy Act 2020.

Clause 412

In the heading to clause 412, replace disclosure of information (page 237, line 14) with information disclosure.

Clause 413

In clause 413(2), replace “provider of air traffic services” (page 238, line 30) with “specified aviation participant (as defined in section 412(4))”.

Delete clause 413(3) and (4) (page 238, line 32 to page 239 line 3).

Clause 414

In clause 414(1)(b), replace “; or” (page 239, line 12) with “.”.

Delete clause 414(1)(c) (page 239, lines 13 and 14).

Clause 416

In clause 416(1), after “Council,” (page 240, line 3), insert “on the recommendation of the Minister,”.

After clause 416(1)(b) (page 240, after line 10), insert:

(ba)

to reimburse the Secretary and the reviewer for costs directly and indirectly associated with the reviewer’s functions under subpart 4A of Part 10:

Clause 419

In clause 419(1)(b), after “Act” (page 242, line 9), insert “:”.

After clause 419(1)(b) (page 242, after line 9), insert:

(c)

for the purpose of enabling the reviewer to carry out their functions under subpart 4A of Part 10.

In clause 419(2), replace subsection (1)(a) or (b), or both” (page 242, lines 10 and 11) with subsection (1)(a) to (c), or 2 of those purposes, or all”.

In clause 419(5), replace subsection (1)(b) (page 242, line 27) with subsection (1)(b) or (c).

Clause 421

In clause 421(1), replace “either or both” (page 243, line 20) with “any or all”.

Clause 424

In clause 424(2)(a)(ii), after “was” (page 245, line 7), insert “lawfully or”.

Replace clause 424(2)(b) (page 245, lines 9 and 10) with:

(b)

has taken all reasonable steps to supply the CAA with information that would identify another person who, instead of the person on the Register of Aircraft, was lawfully or unlawfully in possession of the aircraft at the time the function, power, duty, or service was performed or exercised in respect of the aircraft.

Clause 427

In clause 427(1), after “Council,” (page 245, line 34), insert “on the recommendation of the Minister,”.

In clause 427(1)(a), delete “(as the case requires)” (page 246, line 2).

Clause 429

Replace clause 429(1)(c)(i)(page 248, lines 27 and 28) with:

(i)

in the case of the Minister making a rule, the Minister; and

(ia)

in the case of the Director making a rule, the Director; and

In clause 429(3), replace “Part 3 of the” (page 248, line 36) with “The”.

Replace clause 429(6)(a) (page 249, lines 9 and 10) with:

(a)

in the case of the Minister making a rule, the Minister; and

(ab)

in the case of the Director making a rule, the Director; and

Clause 431

After clause 431(6) (page 250, after line 31), insert:

(7)

If, under the Legislation Act 2019, the transport instrument is not required to be published, the maker of the instrument must serve a copy of it on the persons (if any) whom the maker considers appropriate.

(8)

A transport instrument to which subsection (6) applies—

(a)

has effect only in relation to a person on whom it is served under subsection (7); and

(b)

comes into force in relation to the person immediately after it is served on the person (even though it is not published).

Clause 433

In clause 433(1), delete “, amendment, or revocation” (page 251, line 6).

Clause 444

In clause 444(1), after “Director” (page 258, line 28), insert “, an inspector,”.

In clause 444(3)(i), replace 21 or 4 (page 259, line 21) with 4 or 21.

In clause 444(3)(k), after “airport” (page 259, line 24), insert “operator’s”.

Clause 452

In clause 452(2), replace “employee of the CAA” (page 262, line 14) with “Director”.

Clause 456

In clause 456(2)(d)(ii)(A), replace “regulatory” (page 264, line 22) with “designated”.

Clause 457

In clause 457(3), replace “under subsection (2) (page 265, lines 24 and 25) with “as referred to in subsection (2).

Delete clause 457(4) (page 265 lines 32 to 37).

In clause 457(6)(q), replace “regulations made under this Act” (page 266, line 23) with “the regulations”.

Clause 459

Replace clause 459 (page 267, lines 12 to 14) with:

459 Section 3 amended (Airport authorities may establish and carry on airports)

Replace subsection (4) with:

(4)

Despite subsections (1) and (3), no Order in Council may be made under this section on or after the date on which section 473 of the Civil Aviation Act 2021 comes into force.

Clause 460, new section 9(7A)

In clause 460(2), replace new section 9(7A) (page 267, lines 21 to 24) with:

(7A)

For the purpose of a bylaw to which subsection (7) applies, the definition of enforcement authority in section 2(1) of the Land Transport Act 1998 and sections 22AD(1A), 139(7), and 141(8) of that Act (as they were immediately before the date on which section 473 of the Civil Aviation Act 2021 came into force) continue to have effect despite their repeal by section 472 of the Civil Aviation Act 2021.

Clause 471B

In clause 471B, replace the new item relating to the Civil Aviation Act 2021 (page 271) with:

Civil Aviation Act 2021ss 52, 63, 64, 67, 70, 153, 155, 324(1)(b)Publication not required if publication is inappropriate for reasons of security
s 431 (where transport instrument provided for by rule made under s 52, 63, or 70)

Clause 475

After clause 475(1)(e) (page 272, after line 13), insert:

(ea)

any other notice made under section 77A or 77B of the Civil Aviation Act 1990 and in force immediately before the date on which section 473 comes into force:

Replace clause 475(2) (page 272, lines 16 to 19) with:

(2)

The Civil Aviation (Offences) Regulations 2006 (SR 2006/168) are revoked.

Replace clause 475(4) (page 272, lines 22 and 23) with:

(4)

The following orders are revoked:

(a)

Civil Aviation (Montreal Convention) Order 2010 (SR 2010/367):

(b)

Civil Aviation (Montreal Convention) Order 2020 (LI 2020/163).

Clause 477

Delete clause 477 (page 272, lines 28 to 32).

Schedule 1

In Schedule 1, after clause 10 (page 280, after line 18), insert:

10A Provisions relating to clauses 8 to 10

Clauses 8 to 10 apply as if—

(a)

the provisions of this Act that confer the powers to make rules, and all other provisions of the Act that are relevant to the exercise of those powers and that have not yet commenced, have commenced; and

(b)

a legal position that would be conferred or imposed by any provision of this Act that is relevant to the exercise of those powers, and that has not yet commenced, has been conferred or imposed.

In Schedule 1, clause 11, insert as subclause (2):

(2)

Except as provided in subclause (1), this clause does not limit section 43 of the Legislation Act 2019.

In Schedule 1, clause 12(2), replace “regulator” (page 280, line 31) with “Director”.

In Schedule 1, replace clause 20(3) (page 282, lines 37 to 39) with:

(3)

A person who continues under subclause (1) or (2) to be designated remains subject to any direction or condition that applied to the person’s designation immediately before the commencement date.

In Schedule 1, clause 22, after “date” (page 283, line 17), insert “continues in force and”.

In Schedule 1, clause 23, definition of existing employment agreement, after “between” (page 283, line 25), insert “or that is binding on both”.

In Schedule 1, clause 25(1) (page 283, line 35), replace “this Part” with clause 26.

In Schedule 1, heading to clause 28 (page 284, line 17), replace this Part with clause 26.

In Schedule 1, clause 28(1) (page 284, line 19), replace “this Part” with clause 26.

In Schedule 1, clause 30(1) (page 284, lines 28 and 29), replace “the employer in an existing employment agreement with a safety-sensitive worker” with “an employer in an existing employment agreement”.

In Schedule 1, replace clause 30(2) (page 284, lines 30 to 32) with:

(2)

The operator may include in the agreement a provision that allows the operator to carry out random testing of a worker in accordance with the DAMP approved by the Director under clause 26.

In Schedule 1, delete clause 30(3) (page 284, lines 33 to 37).

In Schedule 1, clause 31, after “renewal of” (page 285, line 4), insert “a”.

In Schedule 1, clause 32(4), replace “medical certificate” (page 285, line 17) with “scheduled international air services licence”.

In Schedule 1, after clause 36(2) (page 286, after line 14), insert:

(3)

In respect of a security designated aerodrome or security designated navigation installation referred to in subclause (1) or (2),—

(a)

an area of the aerodrome or navigation installation that was, immediately before the commencement date, a security area declared under section 84(1) of the former Act is to be treated as an airside security area designated under section 122; and

(b)

an area of the aerodrome or navigation installation that was, immediately before the commencement date, a security enhanced area declared under section 84(1A) of the former Act is to be treated as a security enhanced area designated under section 122.

In Schedule 1, after clause 36 (page 286, after line 14) insert:

Notice specifying that only AvSec may provide aviation security services

36A Minister may give notice under section 138 before commencement date

(1)

The Minister may exercise the power to give a notice under section 138 before the commencement date and with effect on the commencement date.

(2)

This clause applies as if section 138 were in force when the power is exercised.

(3)

This clause does not limit section 43 of the Legislation Act 2019.

In Schedule 1, delete clause 37(1) (page 286, lines 17 to 21).

In Schedule 1, clause 42(2), replace “of section 473 (page 289, line 7), with “date”.

In Schedule 1, after clause 46 (page 289, after line 35) insert:

46A Savings provision relating to regulations made under former Act

The following regulations continue in force as if they were made under this Act (and as amended in Part 2 of Schedule 9):

(a)

Civil Aviation Charges Regulations (No 2) 1991 (SR 1991/143):

(b)

Civil Aviation (Safety and Security) Levies Order 2002 (SR 2002/84).

In Schedule 1, clause 48, after “date” (page 290, line 10), insert “continues in force and”.

Schedule 2

In Schedule 2, clause 26(1), replace “Part” (page 304, line 28) with “schedule”.

In Schedule 2, heading to clause 27, replace Part (page 305, line 1) with schedule.

Schedule 3

In Schedule 3, clause 1(2), replace “airport” (page 308, line 12) with “aerodrome”.

In Schedule 3, clause 1(3), replace “airport” (page 308, line 17) with “aerodrome”.

In Schedule 3, clause 2(2), replace “airport” (page 308, line 27) with “aerodrome”.

In Schedule 3, replace clause 3(2)(a) (page 309, lines 1 to 3) with:

(a)

any money standing to the credit of or held on behalf of that person in the accounts of the operator as a result of the operations of that aerodrome; and

In Schedule 3, clause 3(4), replace “airport” (page 309, line 14) with “aerodrome”.

Schedule 6

In the Schedule 6 heading, replace 255 (page 344, line 3), with 415.

In Schedule 6, Article 21, paragraph 2, replace “113 000” (page 351, line 8) with “128 821”.

Schedule 9

In Schedule 9, after the item relating to the Admiralty Act 1973 (page 414, after line 8), insert:

Airport Authorities Act 1966 (1966 No 51)

In section 2, replace the definition of security area with:

security area has the meaning given to that term in section 5 of the Civil Aviation Act 2021.

In section 4A(1), replace “section 38 or section 100 of the Civil Aviation Act 1990” with section 408 or 416 of the Civil Aviation Act 2021.

In section 9(1)(h), replace “Civil Aviation Act 1990” with “Civil Aviation Act 2021.

In section 9(1)(i), replace “Civil Aviation Act 1990” with “Civil Aviation Act 2021.

In section 9(1)(ia), replace “Civil Aviation Act 1990” with “Civil Aviation Act 2021.

In Schedule 9, item relating to the Land Transport Act 1998, new section 128D(5)(b), replace “airport authority” (page 423, line 16) with “airport operator”.

In Schedule 9, item relating to Schedule 3 of the Legislation Act 2019, after the item relating to section 324(1)(b) (page 424), insert:

Section 431(where transport instrument provided for by rule made under s 52, 63, 67, or 70)

Exemption ground

Compliance would prejudice the national security interests of New Zealand.

Exemption applies if exemption ground is met

In Schedule 9, item relating to the Litter Act 1979, replace the item relating to the definition of public place in section 2(1) (page 424, lines 4 and 5) with:

In section 2(1), definition of public place, replace paragraph (h) with:

(h)

any aerodrome within the meaning of section 5 of the Civil Aviation Act 2021:

In Schedule 9, item relating to Schedule 1 of the Local Government Official Information and Meetings Act 1987, after 2021 (page 424, line 11) insert “(other than an airport operator that is a company in which more than 50% of the ordinary shares are owned by, or by any combination of, the Crown, any local authority (as defined in section 5(1) of the Local Government Act 2002), or any council-controlled organisation (as defined in section 6(1) of the Local Government Act 2002))”.

In Schedule 9, item relating to the Ngāti Awa Claims Settlement Act 2005, before the item relating to new section 126(3) (page 425 before line 31), insert:

In section 126(1)(b), replace “and the Airport Authorities Act 1966” with “, the Airport Authorities Act 1966, and the Civil Aviation Act 2021.

In Schedule 9, the item relating to the Ngāti Awa Claims Settlement Act 2005, replace the new section 126(3) (page 425, lines 32 to 34) with:

(3)

Neither the Crown nor a local authority may transfer the Whakatāne Airport land to an airport operator as defined in section 5 of the Civil Aviation Act 2021.

In Schedule 9, item relating to the Ngāti Hauā Claims Settlement Act 2014, before the item relating to new section 96(3) (page 426 before line 2) insert:

In section 96(1)(b), replace “and the Airport Authorities Act 1966” with “, the Airport Authorities Act 1966, and the Civil Aviation Act 2021.

In Schedule 9, item relating to the Ngāti Hauā Claims Settlement Act 2014, replace new section 96(3) (page 426, lines 3 to 5) with:

(3)

Neither the Crown nor a local authority may transfer the Waharoa Aerodrome land to an airport operator as defined in section 5 of the Civil Aviation Act 2021.

In Schedule 9, replace the item relating to the Official Information Act 1982 (page 426, lines 6 to 14) with:

Official Information Act 1982 (1982 No 156)

In Schedule 1, insert in its appropriate alphabetical order:

Airport operators (as defined in section 5 of the Civil Aviation Act 2021) that are companies in which more than 50% of the ordinary shares are owned by, or by any combination of, the Crown, any local authority (as defined in section 5(1) of the Local Government Act 2002), or any council-controlled organisation (as defined in section 6(1) of the Local Government Act 2002)

In Schedule 9, item relating to Schedule 1 of the Ombudsmen Act 1975, replace “operator” (page 426, line 17) with “operators”.

In Schedule 9, after the item relating to the Resource Management Act 1991 (page 428, after line 20), insert:

Russia Sanctions Act 2022 (2022 No 6)

In section 26(1)(b)(iii) replace “Civil Aviation Act 1990” with “Civil Aviation Act 2021.

In Schedule 9, after the item relating to the Biosecurity (Border Processing Levy) Order 2015 (page 431, after line 9), insert:

Civil Aviation Charges Regulations (No 2) 1991 (SR 1991/143)

In regulation 2(1), definition of the Act, replace “Civil Aviation Act 1990” with “Civil Aviation Act 2021.

In regulation 2(1), definition of Minister, replace “section 2(1)” with section 5.

In regulation 2(1), definition of Ministry, replace “section 2(1)” with section 5.

In section 2(1), definition of monitoring, omit “any investigation under section 15A of the Act or”.

In regulation 2(1), definition of Register, replace “section 73” with section 36.

In regulation 2(1), definition of Secretary, replace “section 2(1)” with section 5.

In Schedule 1, clause 1, replace the definition of non-routine monitoring with:

non-routine monitoring means any inspections or monitoring that ensues from the identification, as a result of general inspections or monitoring carried out under the Act, of a civil aviation safety or security issue relating to an aviation participant

In Schedule 1, Part 1, clause 2, item after the item relating to a medical certificate application, replace “section 27A” with clause 1(1) of Schedule 2.

In Schedule 1, Part 9, clause 13(i), omit “including any carried out under section 15 of the Act”.

Civil Aviation (Safety and Security) Levies Order 2002 (SR 2002/84)

In regulation 3(1), definition of Authority, replace “established under section 72A” with “continued under section 20.

In regulation 3(1), definition of aviation operator, replace “section 9(1)” with subpart 1 or 2 of Part 4.

In regulation 3(1), definition of Director, replace “section 72I” with section 31.

In regulation 3(2)(b), replace “section 9” with subpart 1 or 2 of Part 4.

In regulation 5A(1)(c), replace “section 11B” with section 86.

In regulation 10(1), definition of registered, replace “section 9(1)” with subpart 1 or 2 of Part 4.

In regulation 10E(1), replace “continue the Aviation Security Service under section 72B(2)(ca)” with “provide and oversee the Aviation Security Service under section 23(d).

In regulation 10G(1), replace “continue the Aviation Security Service under section 72B(2)(ca)” with “provide and oversee the Aviation Security Service under section 23(d).

In Schedule 9, delete the item relating to the COVID-19 Public Health Response (Air Border) Order 2021 (page 431, lines 20 to 26).

In Schedule 9, delete the item relating to the COVID-19 Public Health Response (Maritime Border) Order (No 2) 2020 (page 432, lines 5 to 10).

In Schedule 9, delete the item relating to the COVID-19 Public Health Response (Required Testing) Order 2020 (page 432, lines 11 to 13).

In Schedule 9, delete the item relating to the COVID-19 Public Health Response (Vaccinations) Order 2021 (page 432, lines 14 to 16).

In Schedule 9, delete the item relating to the United Nations Sanctions (Eritrea) Regulations 2010 (page 435, lines 17 to 19).

Schedule 9A

In the Schedule 9A heading, replace 461A (page 437, line 3) with 461B.

In Schedule 9A, new Schedule 1, clause 2(1), replace “section 9(1)(e) or (g)” (page 437, line 13) with “this Act”

In Schedule 9A, new Schedule 1, replace new clause 2(2) (page 437, lines 16 and 17) with:

(2)

The bylaw continues in force according to its tenor (and section 9(7) and (7A) of this Act applies to it) despite the amendment to section 9(1)(e) of this Act by section 460 of the Civil Aviation Act 2021.

In Schedule 9A, new Schedule 1, delete clause 3 (page 437, lines 18 to 30).

Schedule 10

In Schedule 10, after the item relating to section 2 of the Arms Act 1983, (page 438, after line 9), insert:

In section 3(2)(a)(vii), replace “:” with “; or”.

Explanatory note

This Supplementary Order Paper—

  • amends clause 2 to change the default date by which the Bill must come into force from 18 months after the date of Royal assent to 24 months after the date of Royal assent. As in the Bill as introduced, the default date applies to all provisions except for those in Part 11:

  • makes other technical changes to clause 2 to reflect actions intended to be taken under Schedule 1 to facilitate the transition from the Civil Aviation Act 1990 to the Bill:

  • inserts new clauses 227A and 227B concerning the application of the Public Works Act 1981 to an airport operated by an airport operator that is not a local authority. Clause 227A further clarifies the position that airport operators cannot compulsorily acquire land by themselves and require the involvement of the Minister of Lands to do so. It also further clarifies how the Public Works Act 1981 works in such a process:

  • amends clause 382 (which relates to the burden of proof of exceptions, etc, for offences) to add a further 4 of the offences in the Bill. This has the effect of requiring the defendant to prove any reasonable excuse in respect of those offences:

  • amends clause 416 to allow fees and charges to be prescribed to reimburse the Secretary and the reviewer for costs directly and indirectly associated with the reviewer’s functions under subpart 4A of Part 10:

  • amends clause 419 to allow levies to be imposed for the purpose of enabling the reviewer to carry out their functions under subpart 4A of Part 10:

  • amends clause 431 (and Schedule 3 of the Legislation Act 2019) to provide that a transport instrument that is provided for in a rule is exempt from publication and presentation requirements if compliance with those requirements would prejudice the national security interests of New Zealand:

  • makes other minor and technical changes and corrections to the Bill.

Departmental disclosure statement

The Ministry of Transport considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.